National Security (War Damage to Property) Regulations (Amendment)

Legislation au C1948L00126 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1948. No. 126.

––––––––––

REGULATIONS UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946-1947.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence (Transitional Provisions) Act 1946-1947.

Dated this twenty-ninth day of September, 1948.

W. J. McKell

Governor-General.

By His Excellency’s Command,

J. B. CHIFLEY

for and on behalf of the Minister of State for Post-war Reconstruction.

––––––––

Amendments of the National Security (War Damage to Property) Regulations.†

Commencement.

1. These Regulations shall come into operation on the first day of October, 1948.

2. After regulation 2 of the National Security (War Damage to Property) Regulations the following regulations are inserted:—

Transfer of administration from Commission to Treasurer.

“ 2a.—(1.) On the date of commencement of this regulation, the Commission shall be dissolved.

“ (2.) On and after the date of commencement of this regulation—

(a) the property, rights, powers, functions, duties, obligations and liabilities of the Commission, whether arising or existing under these Regulations or otherwise, shall be vested in, and imposed on, the Treasurer ;

(b) all legal proceedings instituted by or against the Commission and pending or incomplete immediately prior to that date may be continued or completed by or against the Treasurer, and the Treasurer shall be deemed to be substituted for the Commission as a party to those proceedings ;

(c) in any contract, agreement or other instrument to which the Commission was a party, any reference to the Commission shall be read as a reference to the Treasurer ;

(d) in relation to things done or omitted to be done, or required or permitted to be done, after that date—

(i) references in these Regulations to the Commission or a member of the Commission shall be read as references to the Treasurer ;

 

* Notified in the Commonwealth Gazette on 29th September, 1948.

† Being the Regulations having that title as in force under the Defence (Transitional Provisions) Act 1946-1947. The Regulations under the National Security Act 1939-1946 having the corresponding title comprise Statutory Rules 1946, No. 176. These Regulations were amended by Statutory Rules 1947, No. 151; and 1948, No. 114.

5415.—Price 3d.


(ii) references in these Regulations to the seal of the Commission shall be read as references to the signature of the Treasurer ; and

(iii) a reference in these Regulations to an office of the Commission in a city shall be read as a reference to the office of the Treasury in that city.

Delegation by Treasurer.

“ 2b.—(1.) The Treasurer may, in relation to any matter or class of matters, or in relation to any particular State, Territory or locality, by writing under his hand, delegate to any person such of his powers and functions under these Regulations (other than this power of delegation) as he thinks fit, so that the delegated powers and functions may be exercised and performed by the delegate with respect to the matters or class of matters, or the State, Territory or locality, specified in the instrument of delegation.

“ (2.) Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise or performance of any power or function by the Treasurer himself”.

Definitions.

3. Regulation 4 of the National Security (War Damage to Property) Regulations is amended by omitting from the definition of “ the Commission ” in sub-regulation (1.) the words “ the War Damage Commission ” (first occurring) and inserting in their stead the words “, subject to regulation 2a of these Regulations, the War Damage Commission formerly ”.

Repeal of certain regulations.

4. Regulations 8, 9, 10, 11, 12 and 13 of the National Security (War Damage to Property) Regulations are repealed.

Report to Parliament.

5. Regulation 18 of the National Security (War Damage to Property) Regulations is repealed.

6. Regulation 22 of the National Security (War Damage to Property) Regulations is repealed and the following regulation inserted in its stead:—

Power to write off irrecoverable debts.

“ 22. The Treasurer may at any time write off any sum of money due under these Regulations or the repealed regulations which he is satisfied is irrecoverable”.

Recovery of compensation, &c.

7. Regulation 40 of the National Security (War Damage to Property) Regulations is amended by inserting in sub-regulation (4.), after the word “ Commonwealth ”, the words “ or a Territory under the authority of the Commonwealth ”.

Treatment of moneys paid into Account.

8. Regulation 48 of the National Security (War Damage to Property) Regulations is amended by omitting sub-regulation (7.).

Appointment of arbitrator, &c.

9. Regulation 55 of the National Security (War Damage to Property) Regulations is amended by omitting from sub-regulation (4.) the words “ appointed by the Treasurer ” and inserting in their stead the words “ agreed on by the two arbitrators or, in default of their agreement within a reasonable time, appointed by the Treasurer ”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules of 1948 No. 126, Regulations under the Defence (Transitional Provisions) Act 1946-1947, were enacted to address the need for administrative transitions following the conclusion of World War II. These regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and they were designed to ensure a smooth transfer of responsibilities and functions from wartime to peacetime administration. Specifically, the regulations aimed to dissolve the War Damage Commission and transfer its powers, functions, and liabilities to the Treasurer, thereby facilitating the winding down of wartime economic controls and property damage management. The overarching policy objective was to streamline the governmental transition and ensure continuity in the administration of property damage compensation and related matters.

Scope and Application

These Regulations under the Defence (Transitional Provisions) Act 1946-1947 amend the National Security (War Damage to Property) Regulations, coming into operation on 1 October 1948. The Regulations provide for the dissolution of the War Damage Commission and the vesting of its property, rights, powers, functions, duties, obligations, and liabilities in the Treasurer. The Treasurer is also substituted for the Commission in ongoing legal proceedings and contracts, with references to the Commission being read as references to the Treasurer. The Regulations further allow the Treasurer to delegate certain powers and functions, specify the treatment of irrecoverable debts, and make modifications to the recovery of compensation and the appointment of arbitrators. These amendments are intended to facilitate the transition of responsibilities from the Commission to the Treasurer, ensuring continuity in the administration of war damage to property matters.

Key Provisions

The key operative sections of these Regulations under the Defence (Transitional Provisions) Act 1946-1947 primarily concern the transfer of administration from the War Damage Commission to the Treasurer, the delegation of powers, and the modification of specific regulations. Section 2a outlines the dissolution of the War Damage Commission and the vesting of its property, rights, powers, functions, duties, obligations, and liabilities in the Treasurer (section 2a(1), (2)). This section also specifies the continuation of pending legal proceedings, the substitution of the Treasurer in contracts and agreements, and the reinterpretation of references to the Commission or its members in relation to actions post-commencement (section 2a(2)). Section 2b allows the Treasurer to delegate his powers and functions under these Regulations, except for the power of delegation itself, to any person in writing (section 2b(1)). This delegation is revocable at will and does not prevent the Treasurer from exercising the powers himself (section 2b(2)). These Regulations impose several obligations and requirements on the parties and entities they govern. Firstly, the dissolution of the War Damage Commission and the vesting of its assets and responsibilities in the Treasurer require the latter to assume all existing and future obligations related to war damage to property. This includes continuing any legal proceedings that were pending against or by the Commission and ensuring that all references to the Commission in contracts and other instruments are appropriately adjusted to refer to the Treasurer (section 2a(2)). The Regulations also require the Treasurer to exercise certain powers and functions, such as the power to write off irrecoverable debts and to appoint arbitrators when necessary (sections 22 and 55). Any breaches of these Regulations may result in civil or criminal consequences, although the specific offences and penalties are not detailed within the text of these Regulations. However, under the Defence (Transitional Provisions) Act 1946-1947, penalties for breaches of regulations made under this Act can include fines and imprisonment. The maximum penalties would be determined by the specific nature of the breach and the relevant provisions of the Act. For instance, offences related to the misuse of government property or fraud could attract significant penalties. While the Regulations themselves do not explicitly state the penalties for non-compliance, the overarching Act provides a framework within which such penalties can be imposed.

Legal classification tags

Area of Law
Administrative Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Delegation & Subordination
Transitional Provisions

Interactions

Authorises

All Versions

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.