WHALING INDUSTRY ACT REPEAL.
No. 21 of 1956.
An Act to repeal the Whaling Industry Act 1949–1952, and for purposes connected therewith.
[Assented to 16th May, 1956.]
BE it enacted by the Queen’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 Whaling Industry Act Repeal Act 1956.
Commencement.
2. This Act shall come into operation on a date to be fixed by Proclamation.
Definitions.
3. In this Act—
“property” includes money;
“the Commission” means the Australian Whaling Commission constituted under the Whaling Industry Act 1949–1952.
Repeal.
4. The Whaling Industry Act 1949 and the Whaling Industry Act 1952 are repealed.
Property and liabilities of the Commission to vest in the Commonwealth
5.—(1.) All property and rights which, immediately before the date of commencement of this Act, were vested in the Commission are, by force of this section, vested in the Commonwealth.
(2.) A reference to the Commission in a contract, agreement or other instrument to which the Commission was, immediately before the date of commencement of this Act, a party shall, after that date, be read as a reference to the Commonwealth.
(3.) All liabilities to which the Commission was subject immediately before the date of commencement of this Act shall, upon that date, be deemed to become liabilities of the Commonwealth.
(4.) The Consolidated Revenue Fund is appropriated to the extent necessary for the purpose of any payment made by the Commonwealth to discharge a liability referred to in the last preceding sub-section.
Overview
The Whaling Industry Act Repeal Act 1956 was enacted to repeal the Whaling Industry Act 1949 and the Whaling Industry Act 1952. This Act was passed by the Parliament of Australia and received royal assent on 16 May 1956. The primary purpose of the Whaling Industry Act Repeal Act was to remove outdated legislation governing the whaling industry, ensuring that any remaining property and liabilities of the Australian Whaling Commission were transferred to the Commonwealth. This repeal was intended to streamline regulations and adapt to changing circumstances in the whaling industry.
Scope and Application
The Whaling Industry Act Repeal Act 1956 applies to the repeal of the Whaling Industry Act 1949 and the Whaling Industry Act 1952, and the transfer of assets, rights, and liabilities of the Australian Whaling Commission to the Commonwealth of Australia. This legislation affects the Australian Whaling Commission and any parties involved in contracts or agreements with the Commission prior to the repeal. The geographic reach of the Act is national, as it pertains to the federal level within Australia. The Act does not specify any exclusions or exemptions, and it does not mention any thresholds for its application. Any further extension or restriction of application would be governed by subordinate instruments or regulations, although these are not detailed within the Act itself.
Key Provisions
The Whaling Industry Act Repeal Act 1956, as enacted, primarily serves to repeal the Whaling Industry Act 1949 and the Whaling Industry Act 1952 (section 4). This Act allows for the cessation of the regulatory framework previously governing the whaling industry in Australia, signalling a shift in the legislative approach towards whaling activities. The Act is to come into operation on a date to be fixed by Proclamation (section 2), providing flexibility in its implementation timeline. Section 3 of the Act contains essential definitions: "property" is defined to include money, and "the Commission" is defined as the Australian Whaling Commission established under the repealed Acts.
The Act imposes several obligations on the parties involved, particularly focusing on the transition of property and liabilities from the Australian Whaling Commission to the Commonwealth. Section 5(1) mandates that all property and rights held by the Commission immediately before the Act's commencement are to be vested in the Commonwealth. Additionally, section 5(2) stipulates that any reference to the Commission in contracts or agreements in effect prior to the Act's commencement should be interpreted as referring to the Commonwealth post-commencement. Furthermore, section 5(3) ensures that all liabilities the Commission incurred prior to the Act's commencement are to be assumed by the Commonwealth. Section 5(4) further provides that the Consolidated Revenue Fund will cover any payments the Commonwealth makes to discharge these liabilities.
In terms of consequences for breach, the Act does not explicitly outline offences or penalties for non-compliance with its provisions. However, the thorough transfer of property, rights, and liabilities ensures that any oversight or mismanagement of these assets and obligations post-repeal would be addressed under general legal and administrative frameworks rather than through specific penalties outlined in the Act itself. The Act's primary focus is on the orderly transition and dissolution of the Commission's role within the whaling industry.