Emergency Legislation Suspension Act 1932

Legislation au C1932A00013 Not in force Act

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EMERGENCY LEGISLATION SUSPENSION.

 

No. 13 of 1932.

An Act relating to the temporary suspension of the Financial Agreements Enforcement Acts 1932 and the Financial Emergency (State Legislation) Act 1932, and for other purposes.

[Assented to 17th May, 1932.]

BE it 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. This Act may be cited as the Emergency Legislation Suspension Act 1932.

Suspension of certain emergency legislation and instruments, &c., thereunder

2.—(1.) The operation of—

(a) the provisions of the Financial Agreements Enforcement Acts 1932;

(b) all Proclamations, regulations, notices and directions, in force., immediately prior to the commencement of this Act, which have been issued, made or given under the Financial Agreements Enforcement Act 1932, or under that Act as amended by any subsequent Act; and

(c) the provisions of the Financial Emergency (State Legislation) Act 1932,

is by force of this Act suspended.

(2.) The suspension effected by the last preceding sub-section shall take effect as from the commencement of this Act, and shall continue until the issue of a Proclamation under the next succeeding sub-section.

(3.) The Governor-General may, at any time, by Proclamation, declare that it is in his opinion desirable that the suspension effected by sub-section (1.) of this section shall cease to have effect as on and from a date to be specified in the Proclamation.

(4.) On and from the date specified in such Proclamation, the suspension effected by sub-section (1.) of this section shall cease to have effect, and on and from that date—

(a) the provisions of the Financial Agreements Enforcement Acts 1932;

(b) all Proclamations, regulations, notices and directions, in force immediately prior to the commencement of this Act, which have been issued, made or given under the Financial Agreements Enforcement Act 1932, or under that Act as amended by any subsequent Act; and


(c) the provisions of the Financial Emergency (State Legislation) Act 1932,

shall again come into operation.

Saving of rights liabilities, &c.

3. The suspension, under the last preceding section, of any Act, Proclamation, regulation, notice or direction shall not affect—

(a) any right, privilege, obligation or liability acquired, accrued or incurred under or by reason of any such Act, Proclamation, regulation, notice or direction prior to its suspension;

(b) any penalty or punishment incurred in respect of any offence against any such Act, or any contravention of any such regulation, committed prior to its suspension; or

(c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty or punishment as aforesaid,

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty or punishment may be imposed, as if the operation of the provisions of that Act or the operation of that Proclamation, regulation, notice or direction had not been suspended.

 

Overview

The Emergency Legislation Suspension Act 1932 was enacted to address the urgent need to temporarily suspend the operation of specific financial emergency legislation during the economic crisis of the early 1930s. This Act, assented to on 17th May 1932, was introduced by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary objective of the Act was to provide a mechanism through which the Governor-General could suspend the operation of certain emergency financial legislation, thereby offering flexibility in addressing the economic challenges of the time. The suspension of these acts and related instruments was intended to facilitate necessary adjustments without disrupting existing rights, liabilities, or ongoing legal proceedings. This Act thus allowed for a temporary halt in the enforcement of financial agreements and related state legislation, providing a temporary reprieve from stringent financial regulations.

Scope and Application

The Emergency Legislation Suspension Act 1932 applies to the temporary suspension of the Financial Agreements Enforcement Acts 1932 and the Financial Emergency (State Legislation) Act 1932. This Act is enacted by the Commonwealth of Australia and thus applies at the national level. It aims to suspend the operation of these financial emergency-related acts and any associated proclamations, regulations, notices, and directions until a proclamation by the Governor-General specifies otherwise. The suspension does not affect any rights, liabilities, obligations, penalties, or legal proceedings that were in place prior to the suspension, and such proceedings can continue as if the suspension had not occurred. This Act allows for the flexibility to respond to financial emergencies by temporarily halting certain legislative measures, which can be reinstated if deemed necessary by the Governor-General through a proclamation.

Key Provisions

The Emergency Legislation Suspension Act 1932 (sections 1 and 2) temporarily suspends the operation of the Financial Agreements Enforcement Acts 1932 and the Financial Emergency (State Legislation) Act 1932. This suspension also includes all Proclamations, regulations, notices, and directions issued under these Acts. The suspension takes effect immediately upon the commencement of this Act and remains in force until a Proclamation by the Governor-General declares otherwise. This means that the enforcement mechanisms provided by these Acts are paused, but rights, liabilities, and penalties accrued before the suspension remain unaffected. Under this Act, specific obligations and requirements are imposed on the relevant parties and entities. Firstly, the Act ensures that the suspension does not affect any rights, privileges, obligations, or liabilities that were already established under the suspended laws. This includes any penalties incurred or investigations, legal proceedings, or remedies in respect of such rights, privileges, obligations, liabilities, penalties, or punishments. These can continue as if the suspension had not occurred (section 3). In terms of potential breaches and consequences, the Act does not explicitly outline specific offences or penalties for breaching its provisions. However, any breaches of the suspended Acts during the period of suspension could still result in legal consequences under the Financial Agreements Enforcement Acts 1932 and the Financial Emergency (State Legislation) Act 1932 once the suspension is lifted. The original Acts would then come into effect again, and any violations would be subject to the penalties and legal remedies provided within those Acts. The Act ensures that the suspension does not provide a loophole for avoiding accountability under the original legislative framework.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.