Defence (Transitional Provisions) Act 1946
Act No. 77 of 1946 as amended
[Note: This Act is repealed by Act No. 118 of 1999]
This compilation was prepared on 21 July 2000
taking into account amendments up to Act No. 118 of 1999
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
Part I‑Preliminary
1 Short title [see Note 1]...........................
2 Commencement [see Note 1].......................
4 Interpretation.................................
5 Application of Act to Territories.....................
Part II‑Temporary Preservation of Certain Regulations and Instruments
6 Operation of certain Regulations.....................
7 Temporary preservation of certain orders................
8 Savings....................................
9 Power to amend or revoke orders.....................
Part III‑Amendment of certain Acts [see Note 2]
10 Amendments of Acts............................
11 Amendments of the Seamen’s War Pensions and Allowances Act..
Part IV‑Miscellaneous
13 War‑time compensation preservation.............
14 Provisions in respect of orders.......................
15 Trial of offences...............................
16 Offences by corporations..........................
17 Power to order recognizances.......................
18 Delegation of powers under regulations.................
19 General preservation of rights, obligations etc..............
The Schedules
First Schedule [see Note 3]
Second Schedule [see Note 4]
Third Schedule [see Note 5]
Fourth Schedule [see Note 6]
Notes
An Act to make provision for the Security and Defence of the Commonwealth during a Time of Transition from War Conditions to Conditions of Peace, and for other purposes
Preamble
WHEREAS a state of war still exists between His Majesty and Germany, Japan and other countries:
AND WHEREAS legislative provision is required in order to bring about a gradual and orderly return to conditions of peace:
AND WHEREAS it is now necessary, for the peace, order and good government of the Commonwealth:
(a) to make certain provisions to operate during a time of transition from war conditions to conditions of peace;
(b) to make provision for the carrying on or completion, during that time of transition, of arrangements, activities, actions and proceedings entered upon or subsisting in pursuance of certain of the regulations made under the National Security Act 1939‑1946 and of the orders, rules and by‑laws made under those regulations; and
(c) to provide for matters incidental to the termination of that Act and of the regulations made thereunder and of the orders, rules and by‑laws made under any of those regulations:
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:
Part I‑Preliminary
1 Short title [see Note 1]
This Act may be cited as the Defence (Transitional Provisions) Act 1946‑1973.
2 Commencement
This Act shall come into operation on the first day of January, One thousand nine hundred and forty‑seven.
4 Interpretation
(1) In this Act, the National Security Act means the National Security Act 1939, and includes that Act as amended from time to time.
(2) Any reference in this Act to a Schedule shall be read as a reference to a Schedule to this Act.
5 Application of Act to Territories
Where any regulation, order, rule or by‑law in force by virtue of this Act, contains provisions which specifically require its application in any external Territory, that regulation, order, rule or by‑law shall have effect in that Territory accordingly and this Act shall extend to that Territory to the extent necessary to give effect to that regulation, order, rule or by‑law.
Part II‑Temporary preservation of certain Regulations and Instruments
6 Operation of certain Regulations
(1) The Regulations the titles of which are specified in the first column of the First Schedule, being the Regulations having those respective titles as in force under the National Security Act immediately prior to the commencement of this Act, shall, subject to this Act, be in force until midnight on the thirty‑first day of December, One thousand nine hundred and fifty‑two (in this Act and in the Regulations in force by virtue of this section referred to as “the prescribed time”) and no longer, with such amendments (if any) as are respectively specified in the third column of that Schedule.
(2) The Governor‑General may, before the prescribed time, make regulations:
(a) repealing any Regulations in force by virtue of the last preceding subsection; and
(b) amending any of those Regulations, but so that any such amendment shall be in respect of a matter dealt with by those Regulations.
(3) Regulations made under the last preceding subsection may include provision for:
(a) conferring original jurisdiction on the High Court in any matter arising under the regulations;
(b) defining the jurisdiction of any federal court, other than the High Court, with respect to any matter arising under the regulations; and
(c) investing any court of a State with federal jurisdiction with respect to any matter arising under the regulations.
7 Temporary preservation of certain orders
(1) The orders specified in the first column of the Second Schedule, as in force immediately prior to the commencement of this Act, shall, subject to this Act, be in force until the prescribed time and no longer, with such amendments (if any) as are respectively specified in the fourth column of that Schedule.
(2) A Minister may, before the prescribed time, by order, amend or revoke any order in force by virtue of the last preceding subsection, but so that any such amendment shall be in respect of a matter dealt with by that order.
8 Savings
(1) Subject to subsection (3) of this section, each order, rule and by‑law in force or subsisting immediately prior to the commencement of this Act and made under any provision of any Regulations under the National Security Act the title of which is specified in the First Schedule, shall, if the Regulations having the same title as in force by virtue of this Act contain substantially the same provision, be in force or subsisting as if made under the last‑mentioned Regulations and those Regulations shall apply to them accordingly.
(2) Subject to the next succeeding subsection, each declaration, determination, exemption, delegation, notice, guarantee, authority, approval, consent, permit, requirement, valuation, certificate, licence, report, register, direction and other instrument or document in force or subsisting immediately prior to the commencement of this Act and made, given, issued or established:
(a) under any provision of any Regulations under the National Security Act the title of which is specified in the First Schedule, if the Regulations having the same title as in force by virtue of this Act contain substantially the same provision;
(b) under any order, rule or by‑law under any such provision; or
(c) under any order specified in the Second Schedule, shall be in force or subsisting as if made, given, issued or established under the Regulations, order, rule or by‑law as in force by virtue of this Act and those Regulations, or that order, rule or by‑law, shall apply to it accordingly.
(3) Each award, order and determination in force or subsisting immediately prior to the commencement of this Act and made or given by any industrial authority having power to fix rates of pay or conditions of employment under any regulation under the National Security Act, shall remain in force or subsisting until revoked by competent authority.
(4) Each authority constituted or holding office and each person employed, immediately prior to the commencement of this Act:
(a) under any provision of any Regulations under the National Security Act the title of which is specified in the First Schedule, if the Regulations having the same title as in force by virtue of this Act contain substantially the same provision; or
(b) under any order, rule or by‑law made under any such provision, shall be deemed to be constituted, to hold office or to be employed, as the case may be, under the Regulations, order, rule or by‑law as in force by virtue of this Act.
(5) Any contract or agreement:
(a) to which the Commonwealth, a Minister or any authority of the Commonwealth is a party;
(b) which was subsisting immediately prior to the commencement of this Act; and
(c) which was entered into under regulations made under the National Security Act, shall, subject to the next succeeding sub‑section, continue in full force and effect.
(6) Where an authority of the Commonwealth is a party to any such contract or agreement and that authority has ceased to exist, the Commonwealth shall be deemed to be substituted for that authority as a party to the contract or agreement.
(7) Where, immediately prior to the commencement of this Act, an authority of the Commonwealth constituted under any regulations under the National Security Act was a party to an action or other proceeding and that authority has ceased to exist, the Commonwealth shall be substituted for that authority as a party to that action or proceeding.
(8) Where, immediately prior to the commencement of this Act, property or assets were, under any regulations under the National Security Act, vested in an authority of the Commonwealth and that authority has ceased to exist, that property or those assets shall be deemed to be vested in the Commonwealth.
9 Power to amend or revoke orders
Any order, rule or by‑law in force by virtue of subsection (1) of the last preceding section may be amended or revoked by the authority having power under any regulations in force by virtue of this Act to make orders, rules or by‑laws with respect to the matter dealt with by that order, rule or by‑law.
Part III‑Amendment of Certain Acts [see Note 2]
10 Amendments of Acts
(1) The Acts specified in the first column of the Third Schedule are amended as respectively specified in the second column of that Schedule.
(2) Each Act specified in the first column of the Fourth Schedule, as amended by this Act, may be cited in the manner specified in the second column of that Schedule opposite to the reference to that Act in the first column.
11 Amendments of the Seamen’s War Pensions and Allowances Act
(1) The Seamen’s War Pensions and Allowances Act 1940 is in this section referred to as the Principal Act.
(2) The Principal Act, as amended by this section, may be cited as the Seamen’s War Pensions and Allowances Act 1940‑1946.
Part IV‑Miscellaneous
13 War‑time compensation preservation
(1) In this section, the Regulations means the National Security (Civil Constructional Corps Compensation) Regulations, the National Security (Civil Defence Workers’ Compensation) Regulations and the National Security (War Injuries Compensation) Regulations, as in force immediately prior to the commencement of this Act.
(2) Notwithstanding that the Regulations ceased to have effect at midnight on the thirty‑first day of December, One thousand nine hundred and forty‑six (in this subsection referred to as “that time”):
(a) any pension granted under the Regulations which is in force at that time, shall, subject to the provisions of the Regulations under which it was granted and the conditions under which it was granted, continue to be payable after that time;
(b) any pension, or determination in relation to a pension, granted or made under the Regulations may, in accordance with the provisions of the Regulations under which it was granted or made, be reviewed after that time and any such pension or determination may be varied or cancelled or a new pension or determination may be granted or made;
(c) where any right to make a claim for a pension under the Regulations has accrued before that time, the person entitled to make the claim may, within three months after that time, make a claim in accordance with the provisions of the Regulations under which the right accrued;
(d) any claim made in accordance with the last preceding paragraph, and any claim, made under the Regulations prior to that time but not dealt with prior to that time, may, after that time, be considered and dealt with in the manner specified in the Regulations; and
(e) any person or authority appointed, constituted or specified by or under the Regulations shall, for the purposes of paragraphs (a), (b), (c) and (d) of this subsection, continue to hold that appointment or to remain constituted or specified after that time, and shall have and may exercise all the powers and functions specified in the Regulations which are necessary to give effect to the provisions of paragraphs (a), (b), (c) and (d) of this subsection.
(3) For the purposes of the last preceding subsection, “pension” includes compensation of a periodical nature.
14 Provisions in respect of orders
(1) Sections forty‑eight and forty‑nine of the Acts Interpretation Act 1901‑1941 shall apply to orders, rules and by‑laws made under this Act or made under any regulation in force by virtue of this Act which are of a legislative and not of an executive character, in like manner as they apply to regulations.
(2) Orders, rules and by‑laws so made shall not be deemed to be Statutory Rules within the meaning of the Rules Publication Act 1903‑1939.
(3) The Acts Interpretation Act 1901‑1941 shall apply to the interpretation of all orders, rules or by‑laws so made in like manner as it applies to the interpretation of regulations, and, for the purpose of section forty‑six of that Act, as so applied, all such orders, rules and by‑laws shall be deemed to be regulations.
15 Trial of offences
(1) Any person who contravenes, or fails to comply with, any provision of any regulation in force by virtue of this Act, or of any order, rule or by‑law in force by virtue of this Act, or made under any such regulation, 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 Two hundred dollars or imprisonment for a term not exceeding six months; or
(b) if the offence is prosecuted upon indictment‑a fine not exceeding One thousand dollars 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 or of the Director of Public Prosecutions, and an offence against this Act shall not be prosecuted on indictment except in the name of the Attorney‑General or the Director of Public Prosecutions.
(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.
(6) In addition to any other punishment, a court may, if it thinks fit, order the forfeiture of any money or goods in respect of which an offence against this Act has been committed.
16 Offences by corporations
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.
17 Power to order recognizances
(1) When any person is convicted of an offence against this Act, the court before which he is convicted may, either in addition to or in lieu of any punishment provided for the offence, require him to enter into recognizances with or without sureties to comply with the provisions of the regulations, orders, rules or by‑laws in relation to which the offence was committed.
(2) If any person fails to comply with an order of the court requiring him to enter into recognizances, the court may order him to be imprisoned for any term not exceeding six months.
18 Delegation of powers under regulations
(1) A Minister may, in relation to any matters or class of matters, or in relation to any particular State or part of Australia, by writing under his hand, delegate all or any of his powers and functions under any regulation in force by virtue of this Act (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters, or the State or part of Australia, 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 Minister.
(3) Where in any regulation in force by virtue of this Act the exercise of any power or function by a Minister, or the operation of any provision of that regulation, is dependent upon the opinion, belief or state of mind of a Minister in relation to any matter, that power or function may be exercised by the person to whom that power or function has been delegated by the Minister or that provision may operate, as the case may be, upon the opinion, belief or state of mind of that person in relation to that matter.
(4) Any delegation made by a Minister under the National Security Act which is in force immediately prior to the commencement of this Act and relates to the exercise of any power or function under any regulation in force by virtue of this Act shall continue in force as if made under this Act.
19 General preservation of rights, obligations etc.
The provisions of section eight of the Acts Interpretation Act 1901‑1941 shall apply in relation to the termination of the National Security Act 1939‑1946, and of any regulations made thereunder and of any orders, rules and by‑laws made under any such regulation, as if that termination were a repeal and any such regulation, order, rule or by‑law were an Act.
The Schedules
First Schedule [see Note 3]
Section 6
First Column | Second Column | Third Column |
National Security (Apple and Pear Acquisition) Regulations | Commerce and Agriculture | Omit regulation 2 Omit regulation 26, insert: “26. A person shall not furnish any return required to be furnished under these Regulations which is false in any particular.” Regulation 26B: After “National Security Act 1939”, insert “or the Defence (Transitional Provisions) Act 1946” |
National Security (Beef Shortage) Regulations | Commerce and Agriculture | Regulation 5: Omit from paragraph (a) “for the efficient prosecution of the war” |
National Security (Capital Issues) Regulations | Treasury | Omit regulation 2 Regulation 3: Omit subregulation (1) Omit from subregulation (2) “Regulations so repealed”, insert “previous Regulations” Regulation 5: Omit definition of “the previous regulations”, insert “ ‘the previous Regulations’ means any regulations in force under the National Security Act 1939, or under that Act as amended, having the title ‘National Security (Capital Issues) Regulations’.” |
National Security (Coal Mining Industry Employment) Regulations | Labour and National Service |
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National Security (Disposal of Commonwealth Property) Regulations | Supply and Shipping |
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National Security (Economic Organization) Regulations | Treasury and (Part V) Labour and National Service | Omit regulations 7 and 10A After regulation 22 add: “23. Validation Where, prior to the ninth day of February, 1945: (a) the Treasurer or a delegate of the Treasurer has, acting or purporting to act in pursuance of the National Security (Economic Organization) Regulations, given his consent to any transaction to which the Public Trustee or Public Curator or the Curator of Estates of Deceased Persons, or any similar authority, of any State or Territory of the Commonwealth (in this regulation referred to as ‘the Public Officer’) was a party; (b) the consent was given on the condition that the consideration for the transaction should not exceed an amount or value specified by the Treasurer or the delegate; and (c) the consideration obtained by the Public Officer was equal to that so specified, the Public Officer shall not be subject to any liability, civil or criminal, by reason only of the fact that a greater consideration could or might have been obtained by him in respect of the transaction.” |
National Security (Evidence) Regulations | Attorney‑General | Regulation 18: Omit “made in pursuance of power given by any regulation under the National Security Act 1939‑1943”, insert “in force by virtue of the Defence (Transitional Provisions) Act 1946” Regulation 19: Omit “under the National Security Act 1939‑1943, or of any order, rule or by‑law under any such regulation”, insert “, order, rule or by‑law in force by virtue of the Defence (Transitional Provisions) Act 1946” Omit the proviso |
Regulations 2 and 3 of Statutory Rules 1945, No. 205 | External Territories |
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National Security (Food Control) Regulations | Commerce and Agriculture | Omit regulation 3 Regulation 9: Omit from subregulation (1) “growing, production, manufacture, processing,” and “grown, produced, manufactured, processed,” (wherever occurring) Omit regulation 15 |
National Security (General) Regulations | Administered by Departments appropriate to subject matter of individual regulations | Omit all regulations except the following regulations and amend the last‑mentioned regulations as specified hereunder:‑ 1, 2 Omit definition of “the Act” 11: Omit all subregulations except subregulation (3A) 25: Omit subregulation (1), insert: “(1) Each order under regulation 25 of the National Security (General) Regulations as in force prior to the first day of January, 1947, and subsisting immediately prior to that date shall, unless sooner revoked by a Minister, by order, be in force until the prescribed time and no longer.” Omit from subregulation (2) “made under”, insert “in force by virtue of” Omit subregulations (3) and (4) 26: Omit subregulations (1) and (1A),insert “(1) Where an order for the detention of any person made under regulation 26 of the National Security (General) Regulations as in force prior to the first day of January, 1947, was subsisting immediately prior to that date, the person to whom the order relates shall be detained in accordance with the National Security (Internment Camps) Regulations as in force by virtue of the Defence (Transitional Provisions) Act 1946 and all constables and Commonwealth officers shall take such action as is necessary to give effect to the order.” Omit subregulations (2) to (9)inclusive 31A: Omit from subregulation (2) “After the expiration of seven days from the date of commencement of this regulation, a”, insert “A” 37 54: Omit subregulations (1) and (2), insert “(2) Where, in pursuance of subregulation (1) of regulation 54 of the National Security (General) Regulations, as in force prior to the first day of January, 1947, possession had been taken of any land and that land was, immediately prior to that date, in the possession of the Commonwealth or of any person or authority on behalf of the Commonwealth, the possession of that land may, subject to termination by a Minister, be continued and any order, authorization or direction made or given in relation to that land shall continue to have effect.” 55AA and 55A: After “Regulations” (wherever occurring), insert “(as in force prior to the first day of January, 1947)” 57: Omit subregulations (1), (1A), (1B) and (3) Add the following subregulation: “(10) Any reference in this regulation to an order or to a requisition in pursuance of an order shall be deemed to refer to an order or requisition made and effected under this regulation as in force prior to the first day of January, 1947.” 60B: Omit from paragraph (a) “Army”, insert “Interior” 60C 60D: After “subregulations” (last occurring) in subregulation (1), insert “, while those regulations and subregulations were in force,” Omit from subregulation (1) “within one month after the commencement of this regulation, or, if the thing is done after the commencement of this regulation, within two months after the doing of the thing on which the claim is based, or, in either case,” insert “within two months after the doing of the thing on which the claim is based, or,” 60E to 60G (inclusive) 60J to 60M (inclusive) 66: Omit from subregulation (1) “or the efficient prosecution of the war” insert after “carriage” in paragraph (b) of subregulation (1), “, stacking or storage” 69A: Omit subregulations (2), (3) and (4) 73: Omit from paragraph (a) “made under the Act”, insert “or order in force by virtue of the Defence (Transitional Provisions) Act 1946” 84: Omit from subregulations (1) and (2) “a war offence” (wherever occurring), insert “an offence against the National Security Act 1939‑1946 or the Defence (Transitional Provisions) Act 1946” Omit from subregulation (5) “public safety, the defence of the Commonwealth or the efficient prosecution of the war”, insert “security or defence of the Commonwealth” 87 88: Omit “under the Act”, insert “in force by virtue of the Defence (Transitional Provisions) Act 1946” Omit “seventeen of the Act”, insert “twenty of that Act” 91: Omit from subregulation (1) “Act”, insert “National Security Act 1939‑1946 or the Defence (Transitional Provisions) Act 1946” Omit subregulations (2), (3) and (4) |
National Security (Hide and Leather Industries) Regulations | Commerce and Agriculture | Omit regulations 2 and 3 |
National Security (Industrial Peace) Regulations | Labour and National Service | Regulation 9A: Omit “the National Security Act 1939‑1940”, insert “or in force by virtue of the Defence (Transitional Provisions) Act 1946” Regulation 9C: Omit subregulation (2) Regulation 16AA: Omit “(Statutory Rules 1941, No. 25, as amended for the time being)” |
National Security (Industrial Property) Regulations | Attorney‑General | Omit regulations 3 and 8 |
National Security (Maritime Industry) Regulations | Supply and Shipping | Regulation 2: Omit “during the present war” Omit regulation 10 |
National Security (Medical Benefits for Seamen) Regulations | Supply and Shipping | Omit regulation 3 |
National Security (Rationing) Regulations | Trade and Customs | Omit regulation 3 Regulation 25: Omit from subregulation (1) “, or the National Security (Emergency Supplies) Regulations” Omit regulation 28G |
National Security (Shipping Co‑ordination) Regulations | Supply and Shipping | Omit regulation 2 Regulation 4: Omit “Part VII‑Cargo Protection.” Omit regulations 13, 14 and 55 Omit Part VII |
National Security (Staff of Wartime Authorities) Regulations | Commerce and Agriculture | Second Schedule: Omit “Field Peas Board.”, “Vegetable Seeds Committee.” Omit Ninth and Tenth Schedules |
National Security (Supplementary) Regulations | Administered by Departments appropriate to subject matter of individual regulations | Omit all regulations except the following regulations and amend the last‑mentioned regulations as specified hereunder: 1, 3, 4, 11, 14 Regulation 16: Omit from subregulation (1) “by or under any regulations made under the National Security Act 1939 or under that Act as amended”, insert “, or deemed to be constituted, by or under any regulations in force under the Defence (Transitional Provisions) Act 1946” 18, 33, 38, 47, 49, 52, 57, 58 Regulation 62: Omit “in pursuance of the last preceding regulation” (wherever occurring), insert “in any order in force by virtue of the Defence (Transitional Provisions) Act 1946 whereby the assumption or use of that word or group is prohibited” Regulation 63: Subregulation (6): At the end of paragraph (c) insert “or” 65, 80, 90 91: Omit subregulations (3) and (4), insert the following subregulation: “(4) Where any person in respect of whom notice was given under subregulation (3) of regulation 91 of the National Security (Supplementary) Regulations, as in force prior to the first day of January, 1947, receives any amount referred to in that sub‑regulation, he shall forthwith pay it into the trust account opened in pursuance of that sub‑regulation.” 94, 96 Regulation 100: After “amended” in paragraph (a) of subregulation (3), insert “, or under the Defence (Transitional Provisions) Act 1946” Omit from paragraph (b) of subregulation (3) “that Act or under that Act as amended”, insert “or in force by virtue of either of those Acts” 105, 112 Regulation 116: Omit from subregulation (2) all words after “made” (second occurring), insert “in force by virtue of the Defence (Transitional Provisions) Act 1946 and includes any orders in force by virtue of that Act or made under any such regulations” 120, 128, 129 133: Omit from subregulation (1) “made under the National Security Act 1939, or under that Act as amended”, insert “in force by virtue of the Defence (Transitional Provisions) Act 1946” 134 136: Omit from subregulation (1) “made under the National Security Act 1939, or under that Act as amended”, insert “in force by virtue of the Defence (Transitional Provisions) Act 1946” 139, 142 |
National Security (Tea Control) Regulations | Trade and Customs | Regulation 9: Omit from subregulation (1) “the National Security (Emergency Supplies) Regulations and to” |
National Security (War Deaths) Regulations | Attorney‑General | Regulation 3: Omit sub‑regulation (1) |
National Security (War Service Moratorium) Regulations | Attorney‑General | Omit regulation 3, insert: “3. (1) Nothing in these Regulations Saving. shall affect the operation of any order of a court made in pursuance of the previous Regulations and, where leave has been given to any person under the previous Regulations to do, or to continue or complete the doing of, any act, that person may, notwithstanding anything contained in these Regulations, do, or continue or complete the doing of, that act accordingly. “(2) Any notice given under the previous Regulations which could have been given under these Regulations if they had been in force when the notice was given shall have the same effect as if these Regulations had been so in force and the notice had been given under these Regulations. “(3) A certificate issued under the previous Regulations shall have the same effect as if it had been issued under these Regulations.” Regulation 4: Omit “Part II‑Provisions relating to Mortgages and Agreements for the Purchase of Land. Part III‑Prohibition of Suspension of Proceedings.” Regulation 5: Omit the definition of “the previous Regulations”, insert “ ‘the previous Regulations’ means any Regulations in force under the National Security Act 1939, or under that Act as amended, having the title ‘National Security (War Service Moratorium) Regulations’;” Omit Parts II and III Omit regulations 34, 34A, 35 and 36 |
Second Schedule [see Note 4]
Section 7
First Column | Second Column | Third Column | Fourth Column |
Control of Tinplate Order | Regulation 59 of the National Security (General) Regulations | Supply and Shipping |
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Cordage and Fibre Order | Regulation 59 of the National Security (General) Regulations | Supply and Shipping | Paragraph 4: Omit subparagraphs (1) and (2) Omit from subparagraph (3) “after the date this Order is notified in the Gazette” Paragraph 5: Omit “On and after the fifteenth day of April One thousand nine hundred and forty‑four a”, insert “A” |
Jute Goods Order | Regulation 59 of the National Security (General) Regulations | Supply and Shipping |
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Control of New Commercial Motor Vehicles Order |
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Control of New Motor Cars Order | National Security (Land Transport) Regulations | Transport | Omit from paragraph 2 of each Order the definition of “prescribed transport authority”, insert “‘prescribed transport authority’ means a person or body of persons authorized in writing by the Minister to act under this Order.” Add at the end of subparagraph (1) of paragraph 4 of each Order “or by a prescribed transport authority.” |
Orders under regulation 61 of the National Security Supplementary) | Regulations Regulation 61 of the National Security (Supplementary) Regulations | Attorney‑General |
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Third Schedule [see Note 5]
Section 10(1)
Fourth Schedule [see Note 6]
Section 10(2)
First Column | Second Column |
Black Marketing Act 1942 | Black Marketing Act 1942‑1946 |
Crimes Act 1914‑1941 | Crimes Act 1914‑1946 |
Papua‑New Guinea Provisional Administration Act 1945 | Papua‑New Guinea Provisional Administration Act 1945‑1946 |
Patents, Trade Marks, Designs and Copyright (War Powers) Act 1939‑1940 | Patents, Trade Marks, Designs and Copyright (War Powers) Act 1939‑1946 |
Post and Telegraph Act 1901‑1934 | Post and Telegraph Act 1901‑1946 |
Wool Realization Act 1945 | Wool Realization Act 1945‑1946 |
Notes to the Defence (Transitional Provisions) Act 1946
Note 1
The Defence (Transitional Provisions) Act 1946 as shown in this compilation comprises Act No. 77, 1946 amended as indicated in the Tables below.
Table of Acts
Act | Number | Date | Date of commencement | Application, saving or transitional provisions |
Defence (Transitional Provisions) Act 1946 | 77, 1946 | 14 Dec 1946 | 1 Jan 1947 |
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Defence (Transitional Provisions) Act 1947 | 78, 1947 | 11 Dec 1947 | Ss. 1, 2 and 3: Royal Assent | — |
Defence (Transitional Provisions) Act 1948 | 88, 1948 | 21 Dec 1948 | Ss. 1, 2 and 3: Royal Assent Remainder: 1 Jan 1949 | — |
Defence (Transitional Provisions) Act 1949 | 70, 1949 | 28 Oct 1949 | Ss. 1, 2 and 3: Royal Assent Remainder: 1 Jan 1950 | — |
Defence (Transitional Provisions) Act 1950 | 78, 1950 | 16 Dec 1950 | 16 Dec 1950 | — |
Defence (Transitional Provisions) Act 1951 | 43, 1951 | 7 Dec 1951 | 7 Dec 1951 | — |
Land Tax Abolition Act 1953 (a) | 2, 1953 | 4 Mar 1953 | 1 Apr 1953 | — |
Statute Law Revision Act 1973 | 216, 1973 | 19 Dec 1973 | 31 Dec 1973 | — |
as amended by |
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|
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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 | — |
Director of Public Prosecutions (Consequential Amendments) Act 1983 | 114, 1983 | 14 Dec 1983 | 5 Mar 1984 (see Gazettte 1984, No. S55) | — |
Statute Stocktake Act 1999 | 118, 1999 | 22 Sept 1999 | 22 Sept 1999 | — |
(a) The Land Tax Abolition Act 1953 was repealed by section 7 of the Statute Law Revision Act 1973. That section provides that the repeal does not affect the operation of any amendment made by the repealed Act or any provision made by it for the citation of an Act as so amended.
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected | How affected |
S. 3.................... | rep. No. 216, 1973 |
S. 5.................... | am. No. 216, 1973 |
S. 6.................... | am. No. 78, 1947; No. 88, 1948; No. 70, 1949; No. 78, 1950; No. 43, 1951 |
S. 12................... | am. No. 78, 1947 |
| rep. No. 2, 1953 |
S. 15................... | am. No. 93, 1966; No. 114, 1983 |
First Schedule............ | am. No. 78, 1947; No. 88, 1948; No. 70, 1949 |
Second Schedule.......... | am. No. 88, 1948; No. 70, 1949 |
Third schedule............ | am. No. 70, 1949 |
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Note 2
The amendments made by subsections 11 (3) to (8) have been incorporated in the reprint of the Seamen’s War Pensions and Allowances Act 1940‑1973.
Note 3
First Schedule. For the repeal of certain Regulations, see Statutory Rules 1948, No. 163; 1949, No. 48; and 1950, Nos. 20, 52 and 85.
Note 4
Second Schedule. For the repeal of certain Orders, see Order dated 4 February 1949 in Gazette 1949, p. 385, and Order dated 12 October 1949 in Gazette 1949, p. 3061.
Note 5
The amendments made by subsection 10(1) and the Third Schedule to the Acts specified in that Schedule (except the Black Marketing Act 1942 which was repealed by the Statute Law Revision Act 1950, the Papua‑New Guinea Provisional Administration Act 1945 which was repealed by the Papua and New Guinea Act 1949 and the Wool Realization Act 1945 which was repealed by the Statute Law Revision Act 1973) are incorporated as amended in the reprints of those Acts.
Note 6
Fourth Schedule. The Black Marketing Act 1942, the Papua‑New Guinea Provisional Administration Act 1945 and the Wool Realization Act 1945 are repealed. See Note 5.