DEFENCE (TRANSITIONAL PROVISIONS).
No. 78 of 1950.
An Act to amend the Defence (Transitional Provisions) Act 1946-1949, and for other purposes.
[Assented to 16th December, 1950.]
Preamble.
WHEREAS, by virtue of the Defence (Transitional Provisions) Act 1946, as subsequently amended, certain Regulations, orders and other instruments were declared to be maintained in force until the thirty-first day of December, One thousand nine hundred and fifty, for the purpose of bringing about a gradual and orderly return from war conditions to conditions of peace:
And Whereas for that purpose it is desirable that certain of those Regulations, orders and other instruments should be maintained in force until the thirty-first day of December, One thousand nine hundred and fifty-one:
And Whereas, for the further purpose of assisting to meet the increasing defence requirements and commitments of Australia as a member of the British Commonwealth of Nations and of the United Nations, it is desirable that certain of those Regulations, orders and other instruments should be in force until the thirty-first day of December, One thousand nine hundred and fifty-one:
Be it therefore enacted by the Kings Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title end citation.
1.—(1.) This Act may be cited as the Defence (Transitional Provisions) Act 1950.
(2.) The Defence (Transitional Provisions) Act 1946-1949, as amended by this Act, may be cited as the Defence (Transitional Provisions) Act 1946-1950.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Operation of Certain Regulations.
3. Section six of the Defence (Transitional Provisions) Act 1946-1949 is amended by omitting from sub-section (1.) the word “fifty” and inserting in its stead the word “fifty-one”.
Certain instruments to be in force by virtue of this Act.
4.—(1.) The instruments to which the Defence (Transitional Provisions) Act 1946-1949 purported to give force or subsistence immediately before the date of commencement of this Act shall, by force of this Act, be in force or subsisting until the thirty-first day of December, One thousand nine hundred and fifty-one.
(2.) The Defence (Transitional Provisions) Act 1946-1950 (including the provisions of that Act relating to amendment, repeal and revocation) shall, by force of this Act, have, in relation to those instruments as in force or subsisting by force of this Act, the same operation as the corresponding provisions of the Defence (Transitional Provisions) Act 19-16-1949 purported to have in relation to those instruments as in force or subsisting by force of that Act.
(3.) In this section, “instruments” includes Regulations, orders, awards and determinations.
Overview
The Defence (Transitional Provisions) Act 1950 was enacted to amend the Defence (Transitional Provisions) Act 1946-1949 and extend the duration of certain regulations, orders, and other instruments that had been maintained in force to facilitate the transition from war conditions to peace. This Act was introduced to address the need for a continued regulatory framework to manage the increasing defence requirements and commitments of Australia, particularly as a member of the British Commonwealth of Nations and the United Nations. Enacted by the Parliament of Australia, the Act received Royal Assent on 16th December 1950 and came into operation on that same date. The policy objective was to ensure that the necessary transitional provisions remained in effect until 31st December 1951, providing a stable environment for the gradual return to peacetime conditions.
Scope and Application
The Defence (Transitional Provisions) Act 1950 amends the Defence (Transitional Provisions) Act 1946-1949, extending the duration of certain wartime regulations, orders, awards and determinations until 31 December 1951, rather than 31 December 1950. These wartime instruments are to remain in force to facilitate a gradual transition from war conditions to peacetime and to meet Australia’s defence commitments as a member of the British Commonwealth of Nations and the United Nations. The Act applies to all persons and entities subject to the wartime instruments it extends. It has a national reach, as it is an Act of the Commonwealth of Australia. There are no stated exclusions or exemptions within the Act itself, although subordinate instruments may introduce specific exclusions or conditions. The Act’s scope can be further defined or refined through subordinate legislation, which may specify particular persons, entities, or activities to which the wartime provisions apply or do not apply.
Key Provisions
The Defence (Transitional Provisions) Act 1950 (referred to as the Act) primarily serves to amend the Defence (Transitional Provisions) Act 1946-1949. Section 1 establishes that this Act may be cited as the Defence (Transitional Provisions) Act 1950, while the amended 1946-1949 Act may be cited as the Defence (Transitional Provisions) Act 1946-1950. Section 2 states that the Act comes into operation on the day it receives Royal Assent. The most significant amendment is found in Section 3, which modifies subsection (1) of Section 6 of the Defence (Transitional Provisions) Act 1946-1949 by changing the extension period for certain regulations, orders, and other instruments from 31 December 1950 to 31 December 1951. Section 4 further clarifies that the instruments previously in force under the 1946-1949 Act will continue to be in force until 31 December 1951 by virtue of this Act. This section also ensures that the Defence (Transitional Provisions) Act 1946-1950 will apply to these instruments with the same effect as the 1946-1949 Act.
The Act imposes obligations on the entities responsible for implementing and maintaining the transitional defence regulations, orders, and instruments. These entities are required to ensure that the specified instruments remain in force and effective until 31 December 1951, as per the provisions of Section 4. Additionally, the Act mandates that the Defence (Transitional Provisions) Act 1946-1950 governs these instruments in the same manner as the 1946-1949 Act. This includes the authority to amend, repeal, or revoke these instruments as necessary to facilitate the transition from war conditions to peace.
Breach of the obligations outlined in the Act may result in various legal consequences. While the Act does not explicitly detail specific offences, penalties, or consequences for non-compliance, it is reasonable to infer that failure to adhere to the mandated regulations, orders, or instruments could lead to legal action. For instance, if an entity fails to maintain a required regulation or instrument in force, this could result in civil or criminal proceedings depending on the nature and severity of the breach. However, the exact penalties are not specified within the Act itself and would be determined by the courts or relevant authorities in the context of any prosecution or litigation arising from non-compliance.