NATIONAL HEALTH AND PENSIONS INSURANCE.
No. 8 of 1939.
An Act to annul certain Proclamations made under the National Health and Pensions Insurance Act 1938, and under certain Acts with which that Act is incorporated.
[Assented to 20th June, 1939.]
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 National Health and Pensions Insurance Act 1939.
Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Definition.
3. In this Act, unless the contrary intention appears—
“the Act” means the National Health and Pensions Insurance Act 1938.
Annulment of certain Proclamations.
4.—(1.) The Proclamation issued prior to the commencement of this Act fixing the date of commencement of the provisions of the Act, other than the provisions of Parts I. and II., Division 1 of Part VII. and section one hundred and ninety-two, is hereby annulled.
(2.) The Proclamations issued prior to the commencement of this Act fixing the date of commencement of the National Health and Pensions Insurance (Employers’ Contributions) Act 1938 and the National Health and Pensions Insurance (Employees’ Contributions) Act 1938 are hereby annulled.
(3.) The power conferred by section two of the Act shall, in respect of the provisions of the Act which have not come into operation, and the power conferred by section two of each of the Acts specified in sub-section (2.) of this section shall, be exercisable as fully and effectually as if the powers had not been exercised prior to the commencement of this Act:
Provided that the powers shall not be exercised unless and until a resolution approving the exercise of the powers has been passed by both Houses of the Parliament.
Overview
The National Health and Pensions Insurance Act 1939 was enacted to annul certain proclamations made under the National Health and Pensions Insurance Act 1938 and related legislation. This Act was assented to on 20th June, 1939, and it came into operation on the same day. It was enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary objective of this Act was to address specific issues arising from the initial implementation of the 1938 Act by annulling certain proclamations that had been issued prematurely. This legislative move was intended to ensure that the provisions of the 1938 Act and related acts could be properly enforced only after the necessary approvals and resolutions were passed by both Houses of the Parliament.
Scope and Application
The National Health and Pensions Insurance Act 1939 applies to the annulment of specific proclamations made under the National Health and Pensions Insurance Act 1938 and related acts. This legislation affects proclamations that fixed the commencement dates of various provisions, excluding certain parts of the Act, the National Health and Pensions Insurance (Employers’ Contributions) Act 1938, and the National Health and Pensions Insurance (Employees’ Contributions) Act 1938. The Act operates at the Commonwealth level, impacting entities and individuals governed by these provisions. The annulment applies to the proclamations issued prior to the Act's commencement, with the caveat that the powers to issue new proclamations can only be exercised with the approval of both Houses of the Parliament. The Act itself does not establish new substantive rules or exclusions but rather modifies the legal effect of previous administrative actions within the specified scope.
Key Provisions
The National Health and Pensions Insurance Act 1939, commencing on the day of Royal Assent, includes several key provisions. Section 4(1) annuls a Proclamation that had set the commencement date for parts of the 1938 Act, except for specific sections, while Section 4(2) annuls Proclamations related to the Employers’ and Employees’ Contributions Acts of 1938. Section 4(3) clarifies that powers under the 1938 Act and the 1938 Acts can still be exercised, provided a parliamentary resolution approves this action.
This Act imposes specific obligations on the government and relevant authorities. According to Section 4, while the powers to issue Proclamations are annulled, they can still be exercised with the approval of both Houses of Parliament. This ensures that any new commencement dates or provisions can be implemented through a formal parliamentary process, maintaining legislative oversight.
Failure to adhere to the requirements set out in the Act, particularly around the exercise of powers after the annulment of Proclamations, may result in legal consequences. Although the Act does not explicitly state penalties for non-compliance, breaches of such legislative mandates could lead to judicial review or other civil or administrative actions under Australian law. The annulment of Proclamations and the re-establishment of procedural requirements underscore the importance of compliance with parliamentary processes for the enforcement of this legislation.