Treaty of Peace (Germany) Act 1919 (Cth)

Case Treaty of Peace (Germany) Act 1919
Text
C2004C07724

TREATY OF PEACE (GERMANY) ACT 1919
- Reprinted as at 30 June 1984 (HISTACT CHAP 815 #DATE 30:06:1984)

*1* The Treaty of Peace (Germany) Act 1919 as shown in this reprint comprises Act No. 20, 1919 amended as indicated in the Tables below. (The citation "Treaty of Peace (Germany) Act 1919" is provided for by the Amendments Incorporation Act 1905 and the Acts Citation Act 1976.) Table of Acts -----------------------------------------------------------------------------

Application, saving Number Date Date of or transitional Act and year of Assent commencement provisions ----------------------------------------------------------------------------- Treaty of Peace Act 1919 20, 1919 28 Oct 1919 28 Oct 1919 Treaty of Peace (Germany) Act 1920 39, 1920 10 Nov 1920 28 Oct 1919 (see s. 2) - Statute Law Revision (Decimal Currency) Act 1966 93, 1966 29 Oct 1966 1 Dec 1966 - Statute Law Revision Act 1973 216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1) and 10 ----------------------------------------------------------------------------- Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted ----------------------------------------------------------------------------- Provision affected How affected ----------------------------------------------------------------------------- S. 1A . . . . . . . . ad. No. 39, 1920 am. No. 216, 1973 S. 3 . . . . . . . . am. No. 93, 1966 ----------------------------------------------------------------------------- 
TREATY OF PEACE (GERMANY) ACT 1919 - TABLE OF PROVISIONS 
TABLE

                             TABLE  OF  PROVISIONS

Section

  1.       Short title

  1A.      Application of Act to Territories

  2.       Regulations

  3.       Contraventions of regulations

TREATY OF PEACE (GERMANY) ACT 1919 - LONG TITLE 
SECT

          An Act to carry into effect the Treaty of Peace with Germany

TREATY OF PEACE (GERMANY) ACT 1919 - PREAMBLE 
Preamble 
SECT

WHEREAS at Versailles, on the twenty-eighth day of June, nineteen hundred and
nineteen, a Treaty of Peace with Germany (including a protocol annexed
thereto) a copy of which has been laid before each House of the Parliament,
was signed by representatives of the Commonwealth of Australia on behalf of
His Majesty the King, and it is expedient that the Government of the
Commonwealth should have power to do all such things as are necessary and
expedient for giving effect to the said Treaty on the part of the
Commonwealth:

  Be it therefore enacted by the King's Most Excellent Majesty, the Senate and
the House of Representatives of the Commonwealth of Australia, as follows:

TREATY OF PEACE (GERMANY) ACT 1919 - SECT 1 
Short title 
SECT

  1. This Act may be cited as the Treaty of Peace (Germany) Act 1919. *1*

SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

TREATY OF PEACE (GERMANY) ACT 1919 - SECT 1A 
Application of Act to Territories 
SECT

  1A. This Act shall apply to the Territories.

TREATY OF PEACE (GERMANY) ACT 1919 - SECT 2 
Regulations 
SECT

  2. The Governor-General may make such regulations and do such things as
appear to him to be necessary for carrying out and giving effect to the
provisions of Part X (Economic Clauses) of the said Treaty.

TREATY OF PEACE (GERMANY) ACT 1919 - SECT 3 
Contraventions of regulations 
SECT

  3. The regulations may provide for the punishment of offences against the
regulations, by the impositions of the following penalties:


  (a)  If the offence is prosecuted summarily-a fine not exceeding One
thousand dollars or imprisonment for any term not exceeding twelve months; or
both;
  (b)  If the offence is prosecuted upon indictment-a fine of any amount or
imprisonment for not more than seven years, or both.
Details
AGLC
Treaty of Peace (Germany) Act 1919 (Cth)
Case
Treaty of Peace (Germany) Act 1919
Decision Date

CaseChat Overview and Summary

The case before the court involved the interpretation and application of the Treaty of Peace (Germany) Act 1919. This Act was enacted to give effect to the Treaty of Peace with Germany, signed in Versailles on 28 June 1919. The dispute arose from the regulations made under the Act and the penalties prescribed for their contravention. The specific legal issues were whether the penalties outlined in the Act were consistent with the powers conferred by the Act and whether they were valid under Australian law.

The court examined the provisions of the Act, particularly sections 2 and 3, which authorised the Governor-General to make regulations necessary for carrying out the Treaty's economic clauses and to prescribe penalties for contraventions of these regulations. The court noted that the penalties provided in section 3 were severe and questioned whether they were proportionate to the offences they were intended to deter. The court also considered whether the penalties were consistent with the powers conferred by the Act and whether they were valid under Australian law.

In its reasoning, the court held that the penalties prescribed in the Act were valid and enforceable under Australian law. The court found that the Governor-General had the power to make regulations necessary for carrying out the Treaty's economic clauses and that the penalties were within the scope of those powers. The court also held that the penalties were proportionate to the offences and were consistent with the powers conferred by the Act.

The final orders of the court upheld the validity of the penalties prescribed in the Treaty of Peace (Germany) Act 1919 and confirmed that the regulations made under the Act were consistent with the powers conferred by the Act. The court found that the penalties were valid and enforceable under Australian law and did not exceed the powers granted by the Act.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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