TREATY OF PEACE (ROUMANIA).
No. 80 of 1947.
An Act to approve the Treaty of Peace with Roumania, 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 Roumania (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 (Roumania) 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 Roumania 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 Roumania, and in particular for prescribing punishments (by fine or imprisonment) for offences against the regulations.
Overview
The Treaty of Peace (Roumania) Act 1947 was enacted to formalise Australia's approval of the Treaty of Peace with Romania, which was signed in Paris on 10 February 1947. The Act, assented to on 11 December 1947 and commencing on 8 January 1948, aims to ensure that the Treaty is ratified by the Australian Parliament and that the Australian Government has the necessary authority to implement the Treaty's provisions. The enactment of this Act by the Parliament of the Commonwealth of Australia signifies Australia's commitment to the post-war peace process and its alignment with international agreements.
The primary objective of the Treaty of Peace (Roumania) Act 1947 is to provide the legal framework for Australia to fulfil its obligations under the Treaty with Roumania, including the ability to enact regulations and prescribe penalties for any violations. This legislative measure underscores Australia's intention to support global peace and stability by adhering to the terms of the Treaty, thereby reinforcing diplomatic relations and commitments made with other signatory nations.
Scope and Application
The Treaty of Peace (Roumania) Act 1947 applies to the entire Commonwealth of Australia, extending its jurisdiction to every Territory under Australian administration, including the Territory of New Guinea. The Act serves to approve the Treaty of Peace with Roumania, which was signed on Australia's behalf, and to provide the Australian Government with the necessary authority to implement and enforce the Treaty's provisions. The Act authorises the Governor-General to create regulations and take actions deemed necessary or expedient for executing the Treaty's terms, with the authority to prescribe penalties, including fines and imprisonment, for violations of these regulations. This comprehensive legislative framework ensures that the Treaty's stipulations are effectively integrated into Australian law and enforced across all applicable territories.
Key Provisions
The main operative sections of the Treaty of Peace (Roumania) Act 1947 (sections 1-4) serve to cite the act, specify its territorial application, approve the Treaty of Peace with Roumania, and provide the Governor-General with the authority to enact regulations necessary for implementing the treaty's provisions. Specifically, Section 1 allows the act to be cited as the Treaty of Peace (Roumania) Act 1947. Section 2 extends the act's application to every territory of the Commonwealth, including the Territory of New Guinea. Section 3 formally approves the Treaty of Peace with Roumania, and Section 4 empowers the Governor-General to create regulations and take actions necessary to enforce the treaty, including prescribing punishments for any violations of those regulations.
The Treaty of Peace (Roumania) Act 1947 imposes several obligations and requirements on the parties and entities governed by it. The primary obligation is the approval of the Treaty of Peace with Roumania, as outlined in Section 3. Furthermore, Section 4 places a duty on the Governor-General to issue regulations and take necessary actions to ensure the treaty is effectively implemented. These regulations may include provisions for the administration of justice, the protection of rights, and the enforcement of obligations as stipulated in the treaty.
In terms of legal consequences, the Act provides for potential breaches of the regulations created under Section 4. Offences against these regulations could result in civil or criminal penalties, as prescribed by the Governor-General. The Act does not specify the maximum penalties for breaches; however, it does allow for punishments to be imposed by way of fines or imprisonment. This empowers the Governor-General to set the appropriate level of penalty depending on the severity and nature of the breach.