DEFENCE (TRANSITIONAL PROVISIONS).
No. 88 of 1948.
An Act to amend the Defence (Transitional Provisions) Act 1946–1947, and for other purposes.
[Assented to 21st December, 1948.]
Preamble.
WHEREAS by the Defence (Transitional Provisions) Act 1947 the operation of certain of the Regulations and Orders declared by the Defence (Transitional Provisions) Act 1946 to be in force until midnight on the thirty-first day of December, One thousand nine hundred and forty-seven was continued until midnight on the thirty-first day of December, One thousand nine hundred and forty-eight:
And Whereas the state of war referred to in the preamble to the Defence (Transitional Provisions) Act 1946 still exists:
And Whereas the gradual and orderly return to conditions of peace referred to in that preamble is not yet completed:
And Whereas the continued operation of certain of the Regulations and Orders in force by virtue of the Defence (Transitional Provisions) Act 1946 as amended by the Defence (Transitional Provisions) Act 1947 until midnight on the thirty-first day of December, One thousand nine hundred and forty-eight will not, after that date, be necessary for the purposes specified in the preamble to the Defence (Transitional Provisions) Act 1946:
And Whereas it is necessary, for the peace, order and good government of the Commonwealth, to provide that certain of those Regulations and Orders shall continue to operate during the term of transition referred to in that preamble or shall remain in force for the carrying on or completion, during that time of transition, of certain of the arrangements, activities, actions and proceedings so referred to:
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 and citation.
1.—(1.) This Act may be cited as the Defence (Transitional Provisions) Act 1948.
(2.) The Defence (Transitional Provisions) Act 1946–1947 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Defence (Transitional Provisions) Act 1946–1948.
Commencement.
2.—(1.) Sections one, two and three of this Act shall come into operation on the day on which this Act receives the Royal Assent.
(2.) The remaining sections of this Act shall come into operation on the first day of January, One thousand nine hundred and forty-nine.
Operation of certain Regulations.
3. Section six of the Principal Act is amended by omitting from sub-section (1.) the word “forty-eight” and inserting in its stead the word “forty-nine”.
Discontinuance of certain Regulations.
4.—(1.) The First Schedule to the Principal Act is amended—
(a) by omitting from the first column the titles of the Regulations the titles of which are specified in the First Schedule to this Act; and
(b) by omitting from the second…
Overview
The Defence (Transitional Provisions) Act 1948, enacted by the Parliament of the Commonwealth of Australia, serves to amend the Defence (Transitional Provisions) Act 1946–1947 and address the ongoing transitional needs of the nation amidst the state of war and the gradual return to peace. The Act recognises the necessity of maintaining certain regulations and orders for the peace, order, and good government of the Commonwealth, ensuring the continuity of arrangements, activities, actions, and proceedings during the transitional period. This Act was introduced to provide a framework for the orderly continuation of certain wartime measures until they are no longer necessary for the nation's security and stability.
The Defence (Transitional Provisions) Act 1948 specifies that certain regulations and orders will continue to operate or be discontinued, depending on their relevance to the transitional phase. Additionally, it ensures that contracts and agreements entered into under the specified regulations will remain in effect, with the Commonwealth substituting for any ceased authorities. The policy objective of this Act is to facilitate a smooth and orderly transition from wartime to peacetime conditions, while safeguarding the interests and operations of the Commonwealth and its authorities.
Scope and Application
The Defence (Transitional Provisions) Act 1948 amends the Defence (Transitional Provisions) Act 1946–1947, extending the operation of certain regulations and orders until the end of 1949 to facilitate the gradual and orderly return to peacetime conditions. This Act applies to specific regulations and orders that were initially declared to be in force until 31 December 1947 and subsequently extended to 31 December 1948 by the Defence (Transitional Provisions) Act 1947. The Act extends its reach to any contracts or agreements involving the Commonwealth, a Minister, or an authority of the Commonwealth, which were in existence prior to 1 January 1949 and were entered into under any of the specified regulations. Furthermore, the Act ensures that where any Commonwealth authority that was a party to an action or proceeding or that held property or assets under any of these regulations has ceased to exist, the Commonwealth is substituted as the party or holder. The application of the Act is limited geographically to the Commonwealth of Australia, with its provisions applying nationally. The Act does not specify any exclusions, exemptions, or thresholds, and any further extensions or restrictions in application would be made through subordinate instruments.
Key Provisions
- The Defence (Transitional Provisions) Act 1948 primarily modifies the Defence (Transitional Provisions) Act 1946–1947, extending the continuation of certain wartime regulations and orders until the end of 1949, rather than 1948 as previously stipulated (s. 3). It also discontinues specific regulations listed in the First Schedule, ensuring that any contracts or agreements made under these regulations remain valid, with the Commonwealth substituting for any ceased Commonwealth authorities (s. 4). Additionally, the Act excludes certain regulations and orders from continued operation, as detailed in the Second Schedule (s. 5). It amends other regulations, specified in the Third Schedule, by omitting or modifying certain provisions (s. 6). The Act also updates references in the Land Tax Assessment Act 1910–1947 to reflect the new end date of 1949 (s. 7).
- Under this Act, parties and entities governed by the continued or discontinued regulations must comply with the specified terms, ensuring that any existing contracts or agreements remain enforceable and that the Commonwealth assumes the roles of any dissolved authorities (s. 4). Entities and individuals must also adhere to the amendments outlined in the Third Schedule, which involve modifications to specific regulations administered by various departments (s. 6). Furthermore, any actions or proceedings that involve the Commonwealth or its authorities must follow the guidelines set out in the Act, including the substitution provisions (s. 4).
- The Act does not explicitly outline offences, penalties, or consequences for non-compliance. However, the enforcement of contracts and agreements under the continued regulations would inherently carry the legal obligations and ramifications associated with such agreements. Any failure to adhere to the terms of these contracts or to comply with the regulatory amendments could result in civil or administrative actions as provided for under the applicable laws governing contract enforcement and administrative compliance (s. 4, s. 6).
- Area of Law
- National Security Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Offence Provisions
