Public Safety Act of 1940 Repeal Act of 1945 (10 Geo Vi No. 7) (Qld)
Case
No judgment structure available for this case.
452 VAGRANTS-WAR LEGISLATION. Public Safety Act of 1940 Repeal Act. 10 GEO. VI. No. 7, (b) Any such Order or Orders in Council may speC'ify the city or cities and/or town or towns in the Areas or parts of Areas of any Local Authority or Local Authorities to which the provisions of this subsection shall extend. And the aforesaid provisions of this section shall, mutatis mutandis, apply and extend accordingly." WAR LEGISLATION. (1) PttblW Safety Act of 1940 Repeal Act of 1945 .. 10 Geo. VI. No. 7 (2) Jury (War Eme1"gency) Act of 1942 Extension and Repeal Act of 1946 .. 10 Geo. VI. No. 18 10 N G o E . O. 7. VI. An Act to Repeal" The Public Safety Act of 1940," THE PUBLIC SAFETY ACT OF 1940 but to Provide for the Continuance of Certain REPEAL ACT. OF 1945. Regulations made thereunder, notwithstand- ing such Repeal, and for purposes incidental thereto or consequent thereon. [ASSENTED TO 13TH DECEMBER, 1945.] Short title. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Public Safety Act of 1940 Repeal Act of 1945." Repeal of 2. *" The Public Safety Act of 1940" is hereby ; ~ he ~ Ubli?epealed and the Council of Public Safety constituted 1: 4~ ~ ' et 0 thereunder is hereby abolished. (4 Geo. VI. No. 28). Repeal of 3. Except as otherwise provided in this Act, every ~ gulati~ ns, Proclamation, Order in Council, regulation, delegation, u:.der:a.· ~ he order, direction, authority, notice, or other document PublicSa/etyor writing made, issued," or given under *" The Public 19~ ; ( , ' Safety Act of 1940," and in force immediately prior to the passing of this Act, shall, on and from the passing of this Act, cease to have any force or effect whatsoever and shall be deemed to have expired. * 4 G. 6 No. 28,1940 Sess. v., p. 17978.
WAR LEGISLATION. 453 1945. Ptlblic Safety Act of 1940 Repeal Act. 4. Notwithstanding any other provision of this Savi~ g of Act, the regulations and directions specified in the ~: ~ ~~ ions Schedule to this Act (being respectively regulations a~ d . and directions made under *" The Public Safety Act of dIrectwns. 1940," and in force immediately prior to the passing Schedule. of this Act) shall, subject to this Act, continue in force. 5. The Governor in Council may make regulations Power of or give directions respectively- C Go o v u e nC r~ Il or in (i.) RepealiI?-g, alte~ ing, . or ad.ding ~ o any ! ~ g~ I:! ~ ons regulatIOn or dIrectIOn contmued m force and by this Act or any provision of any such directions. regulation or direction and/or prescribing when any such repeal shall take effect; or (ii.) Where any such regulation or direction is in force for a limited period of time only, from time to time extending such period. 6. (1.) Neither the repeal of*" The Public Safety Act Effect of of 1940" nor the expiration on and from the passing of~ .e~ h~ l c;Jublic this Act of any Proclamation, Order in Council, Safety Act oJ regulation, delegation, order, direction, notice, or other 1940." document or writing made, issued, or given under such Act nor the repeal by the Governor in Council of any regulation or direction (or, as the case may be, amended regulation or direction) continued in force by this Act shall- (a) Affect any right, privilege, obligation, or liability acquired, accrued, or incurred under such repealed Act, or under any such expired Proclamation, Order in Council, regulation, delegation, order, direction, notice, or other document or writing or under any such continued regulation or direction; or (b) Affect any penalty, forfeiture, or punishment incurred in respect of any offence committed against such repealed Act (including any Proclamation, Order in Council, regulation, delegation, order, direction, notice, or other document or writing made, issued, or given under the repealed Act) or against any such continued regulation or direction; or * 4 G. 6 No. 28, 1940 Sess. v., p. 17978.
454 WAR LEGISLATION. Public Safety Act of 1940 Repeal Act. 10 GEO. VI. No. 7, (c) Affect any investigation, legal proceeding, or remedy in respect of any right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid, and any such investigation, legal proceeding, or remedy may, subject as hereinafter provided in this section, be instituted, continued, or enforced, and any such penalty, forfeiture, or punishment may be imposed as if such repealed Act had not been repealed and as if the Proclamation, Order in Council, regulation, delegation, order, direction, notice, or other document, or writing, if any, in question had not expired or been repealed, as the case may be : Provided that any such penalty, forfeiture, or punishment shall not be imposed except upon the complaint of a person authorised in that behalf by the Under Secretary, Department of Justice, except in the case of any such regulation modifying another Act or law, in which case the regulation shall be read and construed with such other Act or law, and any such penalty, forfeiture, or punishment may be enforced under the provisions of such other Act or law as so modified. Reviver of repealed provisions. (2.) Subject as is hereinbefore provided in subsection one of this section, the expiration upon the passing of this Act or the revocation thereafter by the Governor in Council of any regulation made under *" The P'I11Jlic Safety Act of 1940", which- (i.) Repealed any provision or any words in any provision of any Act; or (ii.) Repealed any provision or any words in any provision of any Act and substituted a new provision or new words for such repealed provision or words, shall revive any provision or words of such Act repealed by such regulation or by any previous regulation made under *" The Public Safety Act of 1940" for which such regulation was substituted ; and such revived provision or revived words shall, on and from the date of such expiration or revocation, continue of force and effect * 4 G. 6 No. 28, 1940 Sess. v., p. 17978.
WAR LEGISLATION. 455 1945. Public Safety Act of 1940 Repeal Act. as if the Act in question had never been amended by any regulation made under " *The Public Safety Act of 1940. " 7. (1.) Every regulation or direction made or given Publication under this Act shall be published in the Gazette and ~i~~; ~:ci thereupon shall be judicially noticed. directioIls. (2.) All regulations and directions made or given under this Act shall be laid before Parliament within fourteen days after publication in the Gazette if Parliament is in session, or, if not, within fourteen days after the commencement of the next session. If Parliament passes a resolution disallowing any such regulation or direction, of which resolution notice has been given at any time within fourteen sitting days of such House after such regulation or direction has been laid before it, such regulation or direction shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the power to make or give any fresh regulation or direction. For the purpose of this subsection, the term "sitting days" shall mean days on which the House actually sits for the despatch of business. * 4 G. 6 No. 28, 1940 Sess. v., p. 17978.
Minister Administering Department Concerned. Premier and Chief Secretary Number of Regulation Continuing in Force. 72 As amended by 98 107 31 As amended Direction thereunder Further direction re above 33 THE SCHEDULE. ~ 01 ~ Subject-ma.tter of Regula.tion. Da.te of Regula.tion. Reference in Gazette. Continuation in office of members 18th March, 1943 of the Public Service Super- annuation Board Do. •• I 13th April, 1944 Do. •• I 10th May, 1945 Relating tp removal and hiring I 25th June, 1942 of cane-farm tractors, &c. 4th September, 1942 .. Relating to removal and hiring i 3rd July, 1942 of cane-farm tractors, &c. . . 11th September, 1942 Empowering the Council to I 17th July, 1942 authorise the Central Sugar Cane Prices Board constituted under "The Regulation of Sugar Cane Prices Acts, 1915 to 1941," to direct and author- ise that a person shall, for the purpose of the harvesting or supply or delivery to a m.ill of cane, permit any owner of a mill or canegrower to use the person's (i.e., permitter's) land ---- Gazette No. 62, 18th March, 1943, p. 901 Gazette No. 72, 13th April, 1944, p. 767 Gazette No. 109, 10th May, 1945, p. 1217 Gazette No. 182, 25th June, 1942, p. 2181 Gazette No. 68, 4th September, 1942, p. 743 Gazette No. 6, 4th July, 1942, p. 33 Gazette No. 77, 12th September, 1942, p. 819 Gazette No. 18, 17th July, 1942, p. 139 "tI <=:: . 0 ,... - .. ~ . Ci:l -- ~ -... '" ...... 1.1:: ~ . " ,... -- c -... f-' ' 0 . C ... l ~ ~ '" ' ~ " ~ " ;+- f-' 0 Cl M ;::> <1 ;-' ; Z ::> -1 ~ t > ;.d - t" t;j C ;- l ; U1 t" > > -3 - ;-; 0 ~
The Treasurer Direction thereunder 105 Direction thereunder 17th July, 1942 Authorising Council to direct the I 10th May, 1945 constitution of certain Har- vesting Committees 10th May, 1945 106 Direction thereunder Authorising the Council to I 10th May, 1945 constitute certain Tribunals dealing with grouping of assigned land for co-ordinated harvesting 10th May, 1945 Direction made by the Re extension in office of certain I 26th June, 1945 Council office-bearers of the Brisbane Institute of Social Service 19 Authorising Council to issue! 9th April 1942 directions as to fixation of valuations under "The Land Tax Acts, 1915 to 1936 " As amended 27th August, 1942 Direction thereunder 10th April, 1942 Secretary for Health 83 Exemption from certain annual! 1st July, 1943 and Home Affairs fees of certain medical prac- titioners, dentists, chemists, and others mentioned in the regulation when on War Service Gazette No. 18, 17th July, 1942, p. 139 Gazette No. 109, 10th May, 1945,p. 1215 ..... . ~ ... ~ ' l Gazette No. 109, 10th May, 1945, p. 1216 Gazette No. 109, lOth May, 1945, p. 1216 Gazette No. 109, 10th May, 1945, p. 1217 Gazette No. 160, 28th June, 1945, p. 1841 Gazette No. 95, 9th April, 1942, p. 1227 Gazette No. 58, 27th August, 1942, p. 591 Gazette No. 99, lIth April, 1942, p. 1263 ;p " ~ ". " VJ ~ ('=> ~ p;.. " .,... . c .... ..... ~ ~ ~ ('=> 'l$ ('=> ~ " p ' ; " .. " ;+- GazetteNo.l,lstJuly, 1943, p. I ~ p.... pj t" trj Q ,...., w t" p.... , > .. - . 3 ., o ~ . < . : . .n . --:J
Minister Administering Department Concerned. Number of Regulation Continuing in Force. THE SCHEDULE-continued. Subject-matter of Regulation. Date of Regulation. Reference in Gazette. ~ 01 00 Secretary for Public I Works 109 Attorney-General- I Regulations deal. ing with " The Liquor Acts,1912 to 1941 " 91 Local Government-Re post-\28th June, 1945 ponement of valuations under "The Oity of Brisbane Acts, 1924 to 1943," and of "The Local Government Acts, 1936 to 1943 " •• I Gazette No. 160, 28th June, 1945, p. 1841 Compulsory trading periods and 14th November, 1943 "1 Gazette No. 113, 4th directions as to bars, &c. November, 1943, p.1383 As amended by amending Regulation 18th May, 1944 •• I Gazette No. 96, 18th May, 1944, p. 1065 Direction under s. 91 Do. as amended I As to compulsory trading hours in areas of cities of Brisbane, Townsville, Rockhampton, Toowoomba, Ipswich, Bunda· berg, and Cairns, and the areas of Shires of Ayr, Moreton, Proserpine, and Redcliffe 1st February, 1944 •• I Gazette No. 18, 3rd February, 1944, p. 177 18th May, 1944 •• I Gazette No. 96, 18th May, 1944, p. 1065 "'1j ;::: ~ C5' t/.l ~ < " ::: ' : " ~ ('> .. " ~ .. ' . " .. ~ ' o ~ " ~ " ' t " l ' ~ " ~ ('> :"" o ~ ~ ? <i t"'" ~ -1 ~ l;l.:j t"'i t.;j o H W. t"'i > 8 H o ~
Do. IAs to compulsory tmding h0W'811Oth Februru"Y, 1944 • '11kmJre No. 26, 10th in areas of the city of Mackay, February, 1944, areas of towns of Coolangatta, p. 227 Dalby, and Southport, and areas of Shires of Beenleigh, Cleveland, Coomera, Nerang, Tingalpa, and Waterford , Do. I As to compulsory trading hours 2nd March, 1944 Gaze~ te No. 46, 2nd in Bowen, town of Bowen March, 1944, p. 543 Do. I As to compulsory trading hours 10th February, 1944 .. Gazette No. 25, 10th in area of Charters Towers February, 1944, p. Do. as amended .. I I 18th May, 1944 227 Gazette No. 96, 18th May, 1944, p. 1065 Do. I As to compulsory trading hours 18th May, 1944 Gazette No. 96, 18th in Inglewood May, 1944, p. 1066 Direction under s. 91 .. I As to compulsory trading hours 17th January, 1945 Gazette No. 7, 17th in Hughenden January, 1945,p.67 96 I As to sales of liquor by permit .. 10th February, 1944 .. Gazette No. 25, 10th February, 1944, p. 228 Direction under Regula-\ As to sales of liquor by permit .. \ 10th February, 1944 .. \ Gazette No. 25, 10th tion 96 February, 1944, p. 228 108 I Power to direct keeping bars and 14th June, 1945 Gazette No. 146, 14th accommodation doors open June, 1945,p. 1649 Direction thereunder .. I Power to direct keeping bars and 14th June, 1945 Gazette No. 146, 14th accom,m,odation doors open Do. as amended .. I As to closure of bars on Saturday 24th July, 1945 June, 1945, p. 1650 Gazette No. 19, 25th afternoons July, 1945, p. 115 Minister for TraDs" 97 Preservation of seniority, &c., of 23rd March, 1944 Gazette No. 56,,23rd port employees of Railway Depart- March, 1944, p. 655 ment on war service Direction thereunder 29th }W,rch, 1944 Gazette No. 64, 29th Do. a.m.ended .. I I 17th August, 1944 -March, 1944, p. 703 Gazette No. 28, 17th AUiust, 1944, p. 375 ..... (,0 ~ ?' "tj ... ~ ...... C':> iZI ~ . < , :! . :> .. <s::: . C ~ , ' . :> .. .. < . : . > ... ..... (,0 ~ ~ <:!:> "d <:!:> . ~ ,.... ~ C':> :"" ~ ~ ~ t" t;:j a:J H U1 t" ~ t-3 H 0 Z ~ Cl (,0
Minister Administering Department Concerned. .-..,.--- ---1-- Secretary for Labour I and Employment Number of Regulation Continuing in Force. 2 As amended As amended Secretary for Mines I 64 Direction thereunder 65 THE SCHEDULE-continued. Subject·matter of Regulation. Date of Regulation. As to hours of employment in 15th November, 1942 Factories and Shops District of Brisbane 21st April, 1943 10th June, 1943 Empowering the Council to I 18th February, 1943 direct the Secretary for Mines to suspend certain covenants and conditions attaching to mining tenements the holders of which are engaged on war service, or work connected with the war, or prevented owing to conditions arising from the war from complying with same 23rdFebruary, 1943 Em,powering the Council to \ 18th February, 1943 direct that the Board consti- tuted under "The Inspection of Machinery Acts, 1915 to 1939," may grant to a female of 18 years or over certain restricted certificates of com- petency to take charge of cer- tain boilers Reference in Gazette. fl:o. 0 o '> Gazette, No. 134, 5th November, 1942, p. 1349 Gazette No. 89, 21st April, 1943, p. 1095 Gazette No. 144, 10th June, 1943, p. 1737 Gazette No. 38, 18th February, 1943, p. 515 Gazette No. 44, 24th February, 1943, p. 555 Gazette No. 38, 18th February, 1943, p. 516 : " ;: t : i 0- ~ tr.; ~ .... ~ ~ . ( , ' . > ., ~ ,.... ~ :3 ~ ~ "" ~ ~ C'> ;+- ,.... o o M ~ <1 :--' Z ~ -1 ~ ~ >- t" t;j o h U1 t" > "-3 - h o ~
.. Direction thereunder Secretary for I Agriculture and Stock 71 87 Do. .. I 23rd Fellruary, 1943 Adding a section (26A) to " The I 11th March, 1943 Peanut Industry Protection and Preservation Acts, 1939 to 1941," empowering the Board to license or otherwise engage any person, firm, company, or corporation to grade peanuts on behalf of the Board Relieving the Board of its I 22nd July, 1943 obligation to grade peanuts under certain Regulations made under" The Peanut In- dustry Protection and Preserva- tion Acts, 1939 to 1941 " Gazette No. 44, 24th. February, 1943, p. 556 Gazette No. 56, llth March, 1943, p. 829 ..... . ~ ... 01 Gazette No. 19, 22nd July, 1943, p. 127 ~ 0'>. C":> v., ~ < " . s . : . " : . ; .. ~ . C . " . :> .. .Q.. I-' ~ ~ ~ ~ "" ~ <N ~ C":> :"'" ~ p.. ~ t" trj o H U2 t p " .. ~ H o ~ .... 0':> I-'
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0