DEFENCE EQUIPMENT.
No. 73 of 1938.
An Act to grant and apply out of the Consolidated Revenue Fund a sum for Defence purposes.
[Assented to 12th December, 1938.]
Preamble.
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows:—
Short title.
1. This Act may be cited as the Defence Equipment Act 1938.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Payment to Defence Equipment Trust Account.
3. There shall be payable out of the Consolidated Revenue Fund, which is hereby appropriated accordingly, to the credit of the Defence Equipment Trust Account established by the Defence Equipment Act 1934, the amount of Three million four hundred and ninety-four thousand seven hundred and thirty-three pounds.
Overview
The Defence Equipment Act 1938 was enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, with the primary purpose of appropriating funds for defence purposes. This Act was designed to address the need for financial resources to be allocated specifically for the procurement and maintenance of defence equipment. It received Royal Assent on 12th December 1938 and came into operation on the same day. The Act authorises the payment of a specified amount into the Defence Equipment Trust Account, which was established under the Defence Equipment Act 1934, thereby ensuring a dedicated fund for defence-related expenditures. The policy objective of this legislation is to provide a structured and formalised approach to the allocation of funds for defence equipment, thereby supporting the national defence capabilities of Australia.
Scope and Application
The Defence Equipment Act 1938 applies to the appropriation of funds from the Consolidated Revenue Fund for Defence purposes, specifically allocating a specific sum to the Defence Equipment Trust Account as established by the Defence Equipment Act 1934. The Act is enacted under the authority of the Commonwealth of Australia and is applicable across the entire nation, thereby ensuring that the funds are directed towards the national defence needs. The Act does not explicitly state exclusions or exemptions but implies that its purpose is strictly for the designated Defence Equipment Trust Account, thus limiting its application to this specific financial channel. The Act itself does not extend or restrict its application through subordinate instruments but provides a clear directive for the allocation of funds for defence-related purposes.
Key Provisions
The Defence Equipment Act 1938 (section 3) provides for the payment of a specified amount, Three million four hundred and ninety-four thousand seven hundred and thirty-three pounds, from the Consolidated Revenue Fund to the Defence Equipment Trust Account. This Trust Account was established by the Defence Equipment Act 1934, indicating a continuation of funding for defence purposes. The Act aims to ensure that the funds are appropriated for specific defence-related equipment or projects as intended under previous legislation.
The Act imposes a clear obligation on the government to transfer the specified sum to the Defence Equipment Trust Account. This payment ensures that the funds are available for designated defence equipment purposes, as outlined in the enabling Act of 1934. The requirement is straightforward, focusing on the financial allocation to support defence initiatives.
Breaches of the Act's provisions, while not explicitly detailed in the provided text, could potentially lead to legal consequences under general legislative principles. Failure to comply with the financial obligations stipulated could result in civil or administrative penalties. Under Australian law, such breaches might also attract criminal charges if they involve fraud or other serious misconduct in the handling of public funds. However, the specific penalties are not detailed in the Act itself and would be determined by the relevant courts or administrative bodies.