DEFENCE (TRANSITIONAL PROVISIONS).
No. 70 of 1949.
An Act to amend the Defence (Transitional Provisions) Act 1946–1948, and for other purposes.
[Assented to 28th October, 1949.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Defence (Transitional Provisions) Act 1949.
(2.) The Defence (Transitional Provisions) Act 1946–1948 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Defence (Transitional Provisions) Act 1946–1949.
Commencement.
2.—(1.) Sections one, two and three of this Act shall come into operation on the day on which this Act receives the Royal Assent.
(2.) The remaining sections of this Act shall come into operation on the first day of January, One thousand nine hundred and fifty.
Operation of certain Regulations.
3. Section six of the Principal Act is amended by omitting from sub-section (1.) the word “forty-nine” and inserting in its stead the word “fifty”.
Discontinuance of certain Regulations.
4.—(1.) The First Schedule to the Principal Act is amended—
(a) by omitting from the first column the titles of the Regulations the titles of which are specified in the First Schedule to this Act; and
(b) by omitting from the second and third columns the provisions relating to those Regulations.
(2.) Any contract or agreement—
(a) to which the Commonwealth, a Minister or an authority of the Commonwealth is a party;
(b) which was subsisting immediately prior to the commencement of this section; and
(c) which was entered into under any Regulations the title of which is specified in Part I. of the First Schedule to this Act,
shall, subject to the next succeeding sub-section, continue in full force and effect.
(3.) Where an authority of the Commonwealth is a party to any such contract or agreement and that authority has ceased to exist, the Commonwealth shall be deemed to be substituted for that authority as a party to the contract or agreement.
(4.) Where, immediately prior to the commencement of this section—
(a) an authority of the Commonwealth constituted under any Regulations the title of which is specified in Part I. of the First Schedule to this Act was a party to an action or other proceeding and that authority has ceased to exist, the Commonwealth shall be substituted for that authority as a party to that action or proceeding; and
(b) property or assets were, under any such Regulations, vested in an authority of the Commonwealth and that authority has ceased to exist, that property or those assets shall, by force of this Act, be vested in the Commonwealth.
(5.) The provisions of section eight of…
Overview
The Defence (Transitional Provisions) Act 1949 was enacted by the Commonwealth Parliament to amend the Defence (Transitional Provisions) Act 1946–1948 and address the transitional needs arising from the conclusion of World War II. This Act provides for the continuation, amendment, and discontinuance of various wartime regulations, as well as the repeal of the Women's Employment Act 1942. The primary objective of the Act is to ensure a smooth transition from wartime measures to peacetime governance by updating and discontinuing regulations that were pertinent to the wartime context. It also seeks to maintain certain pre-existing contracts, agreements, and awards while ensuring that the Commonwealth is appropriately substituted for any dissolved authorities or entities. Furthermore, the Act incorporates measures to safeguard sensitive information obtained during the war, ensuring that such information is not unlawfully disclosed.
Scope and Application
The Defence (Transitional Provisions) Act 1949 amends the Defence (Transitional Provisions) Act 1946–1948, extending the duration of certain regulations and modifying their scope. The Act applies to any contracts or agreements involving the Commonwealth, a Minister, or an authority of the Commonwealth that were in effect immediately prior to the Act's commencement. It ensures the continuity of these agreements and contracts, substituting the Commonwealth for any dissolved authority. The Act also modifies the National Security (Prices) Regulations, continuing their effect for one additional year, and specifies the cessation of certain other regulations. The Act further repeals the Women’s Employment Act 1942 and adjusts the continued operation of awards and orders under the National Security (Female Minimum Rates) Regulations, Women’s Employment Act 1942–1946, and Women’s Employment Regulations. Additionally, it imposes secrecy obligations on individuals who have handled information under the Prices Regulations and modifies specific sections of the Land Tax Assessment Act 1910–1948. The Act applies nationally within the Commonwealth of Australia and its application may be further extended or restricted through subordinate instruments.
Key Provisions
- The Defence (Transitional Provisions) Act 1949 (C1949A00070) makes several significant changes to the Defence (Transitional Provisions) Act 1946–1948, and introduces new provisions to manage the transition of various regulations and acts. Sections one, two and three of the Act come into operation on the day of Royal Assent, while the remaining sections take effect on the first day of January 1950. Section three amends section six of the Principal Act by changing the year "forty-nine" to "fifty," likely to extend the operation of certain regulations for another year.
- The Act also addresses the discontinuance of specific regulations, as outlined in the First Schedule, which lists the regulations no longer in force. Contracts and agreements in effect under these discontinued regulations remain valid, with the Commonwealth substituting for any dissolved authorities. Section five similarly discontinues a specific order listed in the Second Schedule. Certain regulations, detailed in the Third Schedule, are amended as specified, and the Women’s Employment Act 1942 is repealed. Awards, orders, determinations, and decisions under certain regulations remain in effect until revoked by the appropriate authority.
- Regarding obligations, parties or entities governed by the Act must adhere to the new provisions concerning the operation and discontinuance of regulations. This includes ensuring that any existing contracts or agreements under discontinued regulations remain enforceable, with the Commonwealth stepping in for any dissolved authorities. Additionally, any information obtained for the purposes of the Prices Regulations must be kept confidential, with specific exceptions noted. Entities must also comply with the amendments to the Land Tax Assessment Act 1910–1948, extending certain deadlines to the year 1950.
- Breaches of the secrecy provisions, outlined in section nine, carry significant penalties. Individuals who unlawfully communicate or divulge information to which this section applies face a fine of one hundred pounds or imprisonment for six months. However, there are exceptions, such as communicating information to the Attorney-General of a State regarding secret commissions, or to the Commissioner of Taxation for tax law administration. Furthermore, if a Minister deems it necessary or desirable in the interests of justice, certain disclosures are permitted.
- Area of Law
- Defence Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Transitional Provisions
