DEFENCE PREPARATIONS.
No. 20 of 1951.
An Act relating to Defence Preparations necessary during the present International Emergency.
[Assented to 19th July, 1951.]
Preamble.
WHEREAS Australia, in common with the United Kingdom, the United States of America and other nations associated with Australia in the British Commonwealth of Nations and in the United Nations, is pledged to support collective action for resisting international aggression :
And whereas, in the opinion of the Parliament and of the Government of the Commonwealth, there exists a state of international emergency in which it is essential that preparations for defence should be immediately made to an extent, and with a degree of urgency, not hitherto necessary except in time of war :
And whereas the defence preparations of Australia will include, in the first place, the raising, equipping and provisioning of the armed forces of Australia in increasing numbers and the equipping and provisioning of armed forces of other members of the British Commonwealth of Nations and of the United Nations :
And whereas the defence preparations of Australia will include also measures to secure the maintenance and sustenance of the people of Australia in the event of war and to contribute towards the maintenance and sustenance of the people of countries associated with Australia in defence preparations :
And whereas the defence preparations of Australia will include also the expansion of the capacity of Australia to produce and manufacture goods, and to provide services, for the purposes of the defence preparations mentioned in the last two preceding paragraphs and generally for the purpose of enabling the economy of Australia to meet the probable demands upon it in the event of war :
And whereas in present circumstances the defence preparations mentioned in the preceding paragraphs cannot be carried out without the diversion of certain of the resources of Australia (including money, materials and facilities) for use in, or in connexion with, defence preparations :
And whereas the defence preparations mentioned in the preceding paragraphs cannot be carried out to the necessary extent, and, in particular, the resources of Australia cannot be diverted to the extent necessary to fulfil the requirements of defence, unless at the same time measures are undertaken for adjusting the economy of Australia to meet the threat of war and for avoiding or reducing economic dislocation or instability caused by, or impeding, defence preparations :
And whereas, having regard to the foregoing, the military and economic strength necessary for the defence of Australia cannot, in the opinion of the Parliament and of the Government of the Commonwealth, be built up and maintained with sufficient expedition and effectiveness unless the Government has authority to take such measures as are from time to time required in relation to any or all of the matters mentioned in the preceding paragraphs :
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 :—
Short title.
1.
Overview
The Defence Preparations Act 1951 was enacted by the Australian Parliament to address the immediate need for comprehensive defence preparations in response to an international emergency. The Act was introduced to support collective action against international aggression, recognising the necessity for urgent measures to bolster Australia's defence capabilities, including the raising and equipping of armed forces, and the adjustment of the economy to meet wartime demands. The policy objective was to enable the diversion of resources for defence purposes, adjust the economy to mitigate the impact of war, and ensure the sustenance of the population. The Act grants the Governor-General authority to make regulations covering various aspects of defence preparations, including resource allocation, economic adjustments, and sustenance measures, without imposing taxation or compulsory service obligations. The Act is set to remain in force until 31 December 1953 unless otherwise specified.
The Act also outlines the process for making orders under the regulations, the admissibility of evidence, and the delegation of powers. Offences against the Act are subject to specific penalties, and the Act does not derogate from other powers. The Act provides for the conferral of jurisdiction on various courts and the duration of the Act itself, which will cease to operate after the specified date or earlier if proclaimed.
Scope and Application
The Defence Preparations Act 1951 applies to the entire Commonwealth of Australia, including its territories that are not part of the Commonwealth, and it extends its provisions to those areas. This Act aims to facilitate necessary defence preparations during an international emergency by granting the Governor-General the authority to issue regulations covering various aspects such as the expansion of production and service capabilities, the diversion and control of resources, economic adjustments to meet wartime threats, and measures for the sustenance of the population in case of war. These regulations can also delegate powers to other persons or authorities. Notably, the Act explicitly excludes certain regulatory powers, such as imposing taxes, borrowing on public credit, directing labour compulsorily, and enforcing compulsory military service. The Act empowers the Governor-General to create orders under these regulations, which, while not classified as statutory rules, adhere to specific legislative and interpretative provisions. Contravening the regulations or orders results in an offence, with penalties including fines and imprisonment, and specific prosecution protocols are outlined. The Act also clarifies the admissibility of compelled oral answers and stipulates that its powers do not undermine other existing authorities. The Act remains in force until 31 December 1953, unless otherwise terminated by proclamation.
Key Provisions
- The Defence Preparations Act 1951 (Section 1) allows the Governor-General to create regulations for defence preparations necessary during an international emergency. These regulations can cover several areas, including expanding Australia’s production capacity for goods and services to support defence efforts (Section 4(2)(a)), managing the allocation of resources like money, materials, and facilities for defence (Section 4(2)(b)), and adjusting the economy to support these defence efforts while avoiding economic instability (Section 4(2)(c)). The Act also mandates measures to ensure the sustenance of the Australian population and contribute to the sustenance of allied nations involved in defence preparations (Section 4(2)(d)).
- The Act imposes specific obligations on the parties involved, such as complying with the regulations and orders made under them. The regulations may empower individuals to make orders that enforce various aspects of the defence preparations. These orders, which are not considered Statutory Rules under the Rules Publication Act 1903–1939 (Section 5(2)), must be published in the Gazette or take effect on the date of their creation, or a later specified date (Section 6). Furthermore, any document purporting to be an instrument issued by an authority under the regulations is admissible in evidence unless proven otherwise (Section 7).
- Violations of the regulations or orders made under them constitute an offence (Section 8(1)). Offences can be prosecuted either summarily or on indictment, with penalties including fines and imprisonment (Section 8(3)). Summary prosecutions require written consent from the Attorney-General, while indictment prosecutions must be conducted in the name of the Attorney-General (Section 8(4)). Additionally, the court has the discretion to order the forfeiture of any goods or money involved in the offence (Section 8(5)).
- Ministers are authorised to delegate their powers and functions under the regulations, but such delegations are revocable at any time (Section 11). The Act also allows for the conferral of original jurisdiction on the High Court and the definition of jurisdiction for other federal courts, as well as the investment of state courts with federal jurisdiction, concerning matters arising under the regulations (Section 12). The Act will remain in effect until 31 December 1953, unless terminated earlier by proclamation (Section 13).
- Area of Law
- National Security Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Offence Provisions
- Delegated & Subordinate Legislation
