STATUTORY RULES.
1950. No. .
REGULATION UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946-1949.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence (Transitional Provisions) Act 1946-1949.
Dated this 16th day of March, 1950.
W. J. McKell
Governor-General.
By His Excellency’s Command,
(SGD.) J. A. SPICER
for and on behalf of the Prime Minister.
Amendment of the National Security (War Service Moratorium) Regulations.†
After regulation 6 of the National Security (War Service Moratorium) Regulations the following regulation is inserted in Part I.:—
Cessation of certain regulations.
“ 7.—(1.) Where the Attorney-General is satisfied that the law of a State or Territory of the Commonwealth makes adequate provision with respect to the matters dealt with in any provision of Part V. of these Regulations, the Attorney-General may, by order published in the Gazette, declare that, from and including a day specified in the order, that provision of Part V. of these Regulations shall cease to have effect in that State or Territory.
“ (2.) From and including the day specified in such an order, the provisions of Part V. of these Regulations referred to in the order shall cease to have effect in the State or Territory specified in the order.”.
* Notified in the Commonwealth Gazette on , 1950.
† Being the Regulations having that title as in force under the Defence (Transitional Provisions) Act 1946-1949. The Regulations under the National Security Act 1939-1946 having the corresponding title comprise Statutory Rules 1941, No. 61, as amended by Statutory Rules 1941, Nos. 85, 134 and 263; 1942, Nos. 73, 208, 319, 437 and 498; 1943, Nos. 6, 10, 26, 88, 90, 124, 129, 187, 312 and 313; 1944, Nos. 18, 31, 83 and 176; 1945, Nos. 32, 90 and 101; and 1946, Nos. 86, 87 and 125. The Regulations were also amended by Statutory Rules 1947, No. 99; and 1948, Nos. 55 and 109 and by the Defence (Transitional Provisions) Act 1946 and the Defence (Transitional Provisions) Act 1949.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
284.—Price 3d. 10/1.3.1950.
Overview
The Defence (Transitional Provisions) Act 1946-1949 was enacted to address the transitional challenges faced by the Australian Defence Force and its personnel in the post-war period. This legislation provided a legal framework to facilitate the smooth transition from wartime to peacetime operations and to ensure that the rights and protections of service members and their families were upheld. The enacting body for this Act was the Parliament of Australia, which aimed to create a supportive environment for veterans and their families as they reintegrated into civilian life. The overarching policy objective was to provide transitional support and protections to military personnel, ensuring that they could adjust to peacetime with the necessary legal and administrative provisions in place. This legislative instrument, in the form of statutory rules, was introduced to amend the National Security (War Service Moratorium) Regulations, allowing for the cessation of certain regulations where state or territory laws sufficiently addressed the same matters.
Scope and Application
The Statutory Rules of 1950, No. 50, enacted under the Defence (Transitional Provisions) Act 1946-1949, pertain specifically to the cessation of certain provisions within the National Security (War Service Moratorium) Regulations. This legislative instrument targets the regulatory framework established by the National Security Act 1939-1946, with modifications and amendments made through various statutory rules and acts. It applies to the cessation of specific provisions within Part V of the National Security (War Service Moratorium) Regulations once the Attorney-General is satisfied that state or territory laws adequately address the same matters. The application of these regulations is national in scope, extending to all states and territories within the Commonwealth of Australia. The cessation is enacted through an order published in the Gazette, and it becomes effective from the date specified in the order, thereby nullifying the specified provisions within the designated state or territory.
Key Provisions
The primary provision introduced by this legislative instrument is the addition of a new regulation to the National Security (War Service Moratorium) Regulations (regulation 7). This regulation empowers the Attorney-General to declare, through a published order in the Gazette, that a specific provision of Part V of these Regulations will cease to have effect in a particular State or Territory if the Attorney-General is satisfied that the State or Territory law adequately addresses the matter (regulation 7(1)). Once such an order is published, the specified provision of Part V will no longer apply in the relevant jurisdiction from the date mentioned in the order (regulation 7(2)).
The obligations and requirements imposed by this regulation are primarily on the Attorney-General. The Attorney-General must ensure that they are satisfied, based on available evidence and legal assessment, that the State or Territory law adequately addresses the matters covered by the specific provision of Part V of the Regulations before making a declaration. This process requires careful consideration and analysis of the relevant State or Territory laws to determine if they provide sufficient coverage for the matters in question. Additionally, the Attorney-General must ensure that any order declaring the cessation of the specified provision is properly drafted, published in the Gazette, and includes the relevant details, such as the specified date of cessation.
Breaching the provisions of this regulation, or failing to adhere to the obligations and requirements, could result in legal consequences. However, the legislative instrument does not explicitly outline specific offences, penalties, or consequences for non-compliance. In the context of Australian law, failure to properly declare the cessation of a regulation or to ensure adequate State or Territory law coverage could potentially be subject to judicial review or other legal remedies. The precise penalties or consequences would depend on the specific circumstances and any applicable laws or regulations at the time.