TREATY OF PEACE (HUNGARY).
No. 81 of 1947.
An Act to approve the Treaty of Peace with Hungary, 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 Hungary (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 (Hungary) 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 Hungary 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 Hungary, and in particular for prescribing punishments (by fine or imprisonment) for offences against the regulations.
Overview
The Treaty of Peace (Hungary) Act 1947 was enacted by the Commonwealth Parliament to formalise Australia's participation in the post-World War II peace settlement with Hungary. This Act was essential in ensuring that Australia could effectively implement the terms of the Treaty of Peace with Hungary, signed in Paris on 10 February 1947, and to provide the necessary legal framework for the Australian government to carry out the obligations and directives set forth in the Treaty. The policy objective behind this legislation was to facilitate the restoration of peace and order by endorsing the Treaty and enabling the enforcement of its provisions within Australian jurisdiction, including its territories. This Act underscores Australia's commitment to the international peace process and its role in the global effort to stabilise post-war relations.
Scope and Application
The Treaty of Peace (Hungary) Act 1947 applies to all territories of the Commonwealth of Australia, including the Territory of New Guinea, thereby establishing its jurisdictional reach across the nation. This Act is primarily concerned with the approval of the Treaty of Peace with Hungary and empowers the Australian Government to undertake actions necessary for its implementation. Specifically, the Act allows for the creation of regulations and the imposition of penalties for violations, thereby extending its application to conduct and transactions that may be impacted by the Treaty's provisions. The Act does not explicitly state any exclusions, exemptions, or thresholds, but it does allow the Governor-General to make regulations as necessary or expedient, which could potentially extend or restrict its application in practice. The Act commenced on 8th January 1948, following its assent on 11th December 1947.
Key Provisions
The Treaty of Peace (Hungary) Act 1947 (section 1) is the primary piece of legislation that provides the framework for the Treaty of Peace with Hungary, which was signed on behalf of Australia on 10 February 1947. This Act is crucial as it formalises the approval of the Treaty and sets the stage for its implementation. Section 2 of the Act ensures that its provisions apply to all territories under the Commonwealth of Australia, including the Territory of New Guinea, thereby extending the Treaty's scope across the nation. The approval of the Treaty itself is articulated in section 3, which confirms that the Treaty of Peace with Hungary is officially endorsed by the Australian Parliament.
The Act imposes several obligations on the Australian Government to ensure the Treaty's provisions are implemented effectively. Section 4 grants the Governor-General the authority to make regulations and take necessary actions to enforce the Treaty. This includes the power to prescribe punishments, such as fines or imprisonment, for any offences against these regulations. This provision underscores the importance of adherence to the Treaty's stipulations and highlights the government's commitment to upholding the peace agreement.
Regarding consequences for breaches, the Act does not explicitly detail the specific offences or penalties within the provided text. However, it does allow for the creation of regulations that could include penalties for violations. Given the nature of treaties and the importance of international agreements, it is reasonable to infer that any breaches could result in significant legal repercussions. Typically, such breaches could lead to criminal charges, with potential penalties including imprisonment, fines, or both, depending on the severity of the offence and the specific regulations put in place by the Governor-General under the authority granted by section 4. The Act ensures that there are mechanisms in place to enforce compliance and maintain the integrity of the Treaty of Peace with Hungary.