Defence (Re-establishment) Amendment Act 1985

Overview

The Defence (Re-establishment) Amendment Act 1985 was enacted by the Commonwealth Parliament to address a specific issue concerning the timing and conditions under which loans, guarantees, and property availability could be provided under the Defence (Re-establishment) Act 1965. This Act amends the Principal Act by inserting a new section 50a, which restricts the authority of certain entities from making loans, guarantees, or property available unless an application was received before 14 May 1985. The policy objective behind this amendment was to impose a temporal limitation on financial transactions related to defence re-establishment, ensuring that all applications were processed within a defined period. The Act was assented to by the Queen on 4 June 1985 and came into operation on the same day, reflecting the urgency and specificity of the legislative change.

Scope and Application

The Defence (Re-establishment) Amendment Act 1985 amends the Defence (Re-establishment) Act 1965 by inserting a new section that restricts the ability of certain entities to make loans, guarantee loans, or make property available. Specifically, the Act applies to prescribed authorities, banks, states, and authorities of states, imposing limitations on their financial activities unless specific conditions are met. The legislation is designed to control and restrict financial transactions by these entities unless an application for the financial activity was received by the relevant authority prior to 14 May 1985. This restriction applies only to the activities outlined in the Act and does not extend to other types of transactions or conduct. The Act applies nationally across the Commonwealth of Australia and comes into operation on the day it receives Royal Assent. The Act does not specify exclusions or exemptions beyond the stated conditions, nor does it mention the use of subordinate instruments to extend or restrict its application.

Key Provisions

The Defence (Re-establishment) Amendment Act 1985 introduces specific amendments to the Defence (Re-establishment) Act 1965, most notably through the insertion of a new section (section 50a) following section 50 of the Principal Act. This new section explicitly limits the authority of prescribed entities, such as certain banks and state authorities, to make loans, guarantee loans, or provide property. These actions are now contingent upon an application being received by the relevant entity before 14 May 1985. Entities covered by this provision include prescribed authorities, banks, states, and state authorities. They are prohibited from making loans, guaranteeing the repayment of loans or interest on loans, or making property available unless they received an application for such actions by the specified date. This legislative change imposes a strict deadline, ensuring that any applications for financial assistance or property provision must have been submitted prior to the commencement of this Act. Failure to comply with the provisions outlined in section 50a could result in significant legal consequences. While the Act does not specify penalties, breaches of such statutory provisions could potentially lead to civil or criminal liability under broader legal principles, depending on the nature and impact of the non-compliance. The precise nature of any penalties would be determined in the context of broader legal proceedings, but the Act's clear directive underscores the importance of adhering to the stipulated timelines. The Defence (Re-establishment) Amendment Act 1985 thus serves to impose stringent conditions on financial transactions and property provisions related to defence re-establishment efforts. It mandates that all relevant applications be submitted by a specific date, beyond which the prescribed authorities and other entities are barred from proceeding with loans, guarantees, or property provision. This legislative framework is designed to ensure timely and orderly processing of financial and property-related applications within the scope of defence re-establishment activities.