National Security Act 1943 (Cth)

NATIONAL SECURITY.

 

No. 38 of 1943.

An Act to amend section five of the National Security Act 1939–1940 and to validate certain regulations and certain matters which arose under those regulations.

[Assented to 3rd July, 1943.]

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 National Security Act 1943.

(2.) The National Security Act 1939–1940 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the National Security Act 1939–1943.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Emergency regulations.

3. Section five of the Principal Act is amended by inserting in sub-section (1.), after paragraph (a), the following paragraphs:—

“(aa) for conferring original jurisdiction on the High Court in any matter arising under the regulations;

(ab) for defining the jurisdiction of any federal court, other than the High Court, with respect to any matter arising under the regulations;

(ac) for investing any court of a State with federal jurisdiction with respect to any matter arising under the regulations;”.

Validation.

4.—(1.) All regulations which were made under the National Security Act 1939 or the Principal Act, prior to the commencement of this Act, and which were unrepealed at the commencement of this Act and which were expressed or which operated—

(a) to confer original jurisdiction on the High Court;

 

(b) to define the jurisdiction of any federal court other than the High Court; or

(c) to invest any court of a State with federal jurisdiction,

shall be as valid and effectual as if this Act had been in operation when they were made.

(2.) All judgments, decisions, orders, determinations, directions and other acts or things given, made or done, prior to the commencement of this Act, by any court purporting to exercise any jurisdiction by virtue of any regulation to which the last preceding sub-section applies shall be as valid and effectual, and shall be deemed to have been at all times as valid and effectual, for all purposes as if this Act had been in operation on the date of the making of the regulation under which they were given, made or done.