TREATY OF PEACE (BULGARIA).
No. 83 of 1947.
An Act to approve the Treaty of Peace with Bulgaria, and for other purposes.
[Assented to 11th December, 1947.]
[Date of commencement, 8th January, 1948.]
Preamble.
WHEREAS at Paris, on the tenth day of February, One thousand nine hundred and forty-seven, a Treaty of Peace with Bulgaria (a copy of which Treaty has been laid before each House of the Parliament) was signed on behalf of Australia:
And Whereas it is expedient that the Treaty should be approved by the Parliament and that the Australian Government should have power to do all such things as are necessary or expedient for carrying out and giving effect to the Treaty on the part of Australia:
Be it therefore 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 Treaty of Peace (Bulgaria) Act 1947.
Application to Territories.
2. This Act shall extend to every Territory of the Commonwealth, including the Territory of New Guinea.
Approval of Treaty.
3. The Treaty of Peace with Bulgaria is approved.
Regulations, &c.
4. The Governor-General may make such regulations and do such things as appear to him to be necessary or expedient for carrying out and giving effect to the provisions of the Treaty of Peace with Bulgaria, and in particular for prescribing punishments (by fine or imprisonment) for offences against the regulations.
Overview
The Treaty of Peace (Bulgaria) Act 1947 was enacted to formalise the approval of the Treaty of Peace with Bulgaria, which was signed on 10 February 1947. This legislation was necessary to ensure that Australia could formally adhere to the terms of the peace treaty and thereby address the issues arising from the Second World War with Bulgaria. Enacted by the Parliament of the Commonwealth of Australia, the Act authorises the Governor-General to make regulations and take necessary actions to enforce the treaty's provisions, including the imposition of penalties for violations. The overarching policy objective was to facilitate the restoration of peace and stability by legally binding Australia to the terms agreed in the Treaty of Peace with Bulgaria.
Scope and Application
The Treaty of Peace (Bulgaria) Act 1947 applies to every territory of the Commonwealth, including the Territory of New Guinea, thereby extending its jurisdictional reach to all Australian territories. This legislative enactment is specifically designed to approve the Treaty of Peace with Bulgaria, ensuring that Australia adheres to the terms and conditions set forth in the treaty. The Act empowers the Governor-General to create regulations and take necessary actions to enforce the provisions of the treaty, including the imposition of fines or imprisonment for any breaches of these regulations. While the Act itself outlines the primary framework for approving and implementing the treaty, it also allows for flexibility through subordinate instruments, enabling the Governor-General to adapt regulations to specific needs as they arise in the execution of the treaty’s provisions.
Key Provisions
The Treaty of Peace (Bulgaria) Act 1947, as cited in section 1, establishes the legal framework for approving the Treaty of Peace with Bulgaria and outlines provisions for its implementation within Australia and its territories. Section 2 ensures the Act applies to every territory of the Commonwealth, including the Territory of New Guinea. Section 3 formally approves the Treaty of Peace with Bulgaria, thus establishing its legal standing in Australia. Under section 4, the Governor-General is empowered to make regulations and take necessary actions to enforce the Treaty's provisions, including prescribing penalties for violations of these regulations.
The Act imposes several obligations on the Australian Government and the relevant authorities. Firstly, it mandates the implementation of the Treaty's terms within the territories of Australia, as stated in section 2. The Governor-General is given extensive powers under section 4 to create regulations and enforce the Treaty's provisions, ensuring compliance through prescribed punishments such as fines or imprisonment. These measures are designed to facilitate the smooth enforcement of the Treaty and maintain its integrity within Australian jurisdiction.
In terms of penalties and consequences, section 4 allows the Governor-General to establish regulations that include specific punishments for breaches. These penalties can include fines and imprisonment, indicating that violations of the Treaty's provisions or the regulations made under the Act are taken seriously. The maximum penalties are not explicitly stated in the provided text but are left to the discretion of the Governor-General when drafting the regulations. This flexibility ensures that the penalties are appropriate to the nature and severity of the offence, allowing for effective deterrence and enforcement of the Treaty's terms.