War Damage to Property Act 1948 (Cth)

WAR DAMAGE TO PROPERTY.

 

No. 74 of 1948.

An Act to continue the Operation of the National Security (War Damage to Property) Regulations for the purpose of the Completion of Matters arising under those Regulations.

[Assented to 17th December, 1948.]

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.

1. This Act may be cited as the War Damage to Property Act 1948.

Commencement.

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

Definitions.

3. In this Act—

“Territory” means a Territory under the authority of the Commonwealth;

“the National Security (War Damage to Property) Regulations” means the regulations having thattitle as in force immediately before the commencement of this Act under the Defence (Transitional Provisions) Act 1946-1947.

Extension to Territories.

4. This Act, and the regulations continued in force by this Act, shall extend to every Territory.

Continuance of regulations.

5. On and from the date of commencement of this Act, the National Security (War Damage to Property) Regulations shall continue in force by virtue of this Act and shall (without affecting the continuity of their operation) cease to be in force by virtue of the Defence (Transitional Provisions) Act 1946-1947.

Offences.

6.—(1.) Any person who contravenes, or fails to comply with, any provision of the regulations in force by virtue of this Act (including those regulations as amended by regulations made under this Act) shall be guilty of an offence against this Act.

(2.) An offence against this Act may be prosecuted either summarily or upon indictment, but an offender shall not be liable to be punished more than once in respect of the same offence.

(3.) The punishment for an offence against this Act shall be—

(a)if the offence is prosecuted summarily—a fine not exceeding One hundred pounds or imprisonment for a term not exceeding six months; or

(b) if the offence is prosecuted upon indictment—a fine not exceeding Five hundred pounds or imprisonment for a term not exceeding two years.

(4.) An offence against this Act shall not be prosecuted summarily without the written consent of the Attorney-General, or a person thereto authorized in writing by the Attorney-General, and an offence against this Act shall not be prosecuted upon indictment except in the name of the Attorney-General.

(5.) For the purpose of the trial of a person summarily or upon indictment for an offence against this Act, the offence shall be deemed to have been committed either at the place in which it was actually committed or at any place in which the person may be.

Offences by corporations.

7. Where a person convicted of an offence against this Act is a body corporate, every person who, at the time of the commission of the offence, was a director or officer of the body corporate shall be deemed to be guilty of the offence, unless he proves that the offence was committed without his knowledge, or that he used all due diligence to prevent the commission of the offence.

Delegation of powers under regulations.

8.—(1.) The Treasurer may, in relation to any matter or class of matters, or in relation to any particular State, Territory of locality, by writing under his hand, delegate to any person such of his powers and functions under the regulations in force by virtue of this Act (including those regulations as amended by regulations made under this Act) as he thinks fit, so that the delegated powers or functions may be exercised and performed by the delegate with respect to the matters or class of matters, or the State, Territory or locality, specified in the instrument of delegation.

(2.) Every delegation under this section shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Treasurer himself.

Regulations.

9. The Governor-General may make regulations—

(a) repealing the National Security (War Damage to Property) Regulations, and making provision for matters incidental to that repeal; or

(b