National Security (Patriotic Funds) Regulations (Repeal)

Overview

The Statutory Rules 1947, No. 168, under the Defence (Transitional Provisions) Act 1946, were enacted to provide regulatory measures in the aftermath of World War II. This legislative instrument, made by the Governor-General on behalf of the Federal Executive Council, specifically addresses the repeal of the National Security (Patriotic Funds) Regulations. The policy objective of these regulations was to ensure a smooth transition from wartime measures to peacetime governance, facilitating the winding down of certain wartime economic and social provisions. The Regulations came into operation on 22 December 1947, effectively repealing the previously in force National Security (Patriotic Funds) Regulations, thereby marking a significant step towards restoring normal civilian governance structures post-war.

Scope and Application

The Regulations under the Defence (Transitional Provisions) Act 1946 apply to the repeal of the National Security (Patriotic Funds) Regulations. These regulations are designed to facilitate the transition from wartime measures to peacetime governance, specifically addressing the winding down of patriotic funds which were established to support personnel and their families during periods of national security concern. The repeal is intended to streamline regulations that are no longer necessary in the post-war environment, ensuring that the legal framework adapts to the new circumstances. The regulations are of national scope, applying across the Commonwealth of Australia and are effective from the date specified in the Statutory Rules. There are no stated exclusions or exemptions within the scope of these regulations, which effectively remove the previously applicable patriotic funds regulations to align with the transitional objectives outlined in the Defence (Transitional Provisions) Act 1946.

Key Provisions

The primary operative sections of these Regulations (sections 1 and 2) establish the commencement date and the repeal of the National Security (Patriotic Funds) Regulations. Section 1 specifies that these Regulations come into effect on the twenty-second day of December, 1947, providing a clear timeline for the transition and the cessation of the previous regulations. Section 2 explicitly repeals the National Security (Patriotic Funds) Regulations, which were in force under the Defence (Transitional Provisions) Act 1946, ensuring that the new Regulations replace the previous ones without any ambiguity. These Regulations impose specific obligations and requirements on the entities and parties governed by them. By repealing the existing National Security (Patriotic Funds) Regulations, the new Regulations mandate that the provisions of the old regulations no longer apply from the specified commencement date. This transition requires entities and individuals who were previously governed by the repealed regulations to adhere to the new legislative framework established by these Regulations. Additionally, the clear and unambiguous repeal ensures that there is no confusion or overlap in the application of regulations, thereby facilitating a smooth transition to the new legal environment. The Regulations do not explicitly outline any offences, penalties, or civil or criminal consequences for breach. However, the repeal of the National Security (Patriotic Funds) Regulations inherently means that any actions or omissions that would have been governed by the old regulations are no longer subject to the penalties or consequences specified in those repealed regulations. It is essential for the governed parties to ensure compliance with the new legislative framework by the effective date, as failure to do so could potentially lead to legal ramifications under the broader Defence (Transitional Provisions) Act 1946 or any subsequent legislation that may address such issues.