DEFENCE (TRANSITIONAL PROVISIONS) ACT 1948 [Note: This Act is inoperative]
(#DATE 04:03:1953)
Compilation Information
- Reprinted as at 4 March 1953
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1948 - TABLE OF PROVISIONS
TABLE
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1948
TABLE OF PROVISIONS
Section
1. Short title and citation
2. Commencement
3. Operation of certain Regulations
4. Discontinuance of certain Regulations
5. Regulations and orders not in force under Defence (Transitional
Provisions) Act
6. Amendment of continued Regulations
THE SCHEDULES
Amendments of the Principal Act and of Regulations in force under the
Principal
Act
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1948 - PREAMBLE
SECT
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1948
An Act to amend the Defence (Transitional Provisions) Act 1946-1947, and for
other purposes.
Preamble. WHEREAS by the Defence (Transitional Provisions) Act 1947 the
operation of certain of the Regulations and Orders declared by the Defence
(Transitional Provisions) Act 1946 to be in force until midnight on the
thirty-first day of December, One thousand nine hundred and forty-seven was
continued until midnight on the thirty-first day of December, One thousand
nine hundred and forty-eight:
AND WHEREAS the state of war referred to in the preamble to the Defence
(Transitional Provisions) Act 1946 still exists:
AND WHEREAS the gradual and orderly return to conditions of peace referred
to in that preamble is not yet completed:
AND WHEREAS the continued operation of certain of the Regulations and Orders
in force by virtue of the Defence (Transitional Provisions) Act 1946 as
amended by the Defence (Transitional Provisions) Act 1947 until midnight on
the thirty-first day of December, One thousand nine hundred and forty-eight
will not, after that date, be necessary for the purposes specified in the
preamble to the Defence (Transitional Provisions) Act 1946:
AND WHEREAS it is necessary, for the peace, order and good government of the
Commonwealth, to provide that certain of those Regulations and Orders shall
continue to operate during the term of transition referred to in that preamble
or shall remain in force for the carrying on or completion, during that time
of transition, of certain of the arrangements, activities, actions and
proceedings so referred to:
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:-
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1948 - SECT. 1.
Short title.
SECT
1. (1) This Act may be cited as the Defence (Transitional Provisions) Act
1948.*
(2) The Defence (Transitional Provisions) Act 1946-1947 is in this Act
referred to as the Principal Act.
(3) The Principal Act, as amended by this Act, may be cited as the Defence
(Transitional Provisions) Act 1946-1948.
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1948 - SECT. 2.
Commencement.
SECT
2.* (1) Sections one, two and three of this Act shall come into operation on
the day on which this Act receives the Royal Assent.
(2) The remaining sections of this Act shall come into operation on the
first day of January, One thousand nine hundred and forty-nine.
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1948 - SECT. 3.
Operation of certain Regulations.
SECT
3. Section six of the Principal Act is amended by omitting from sub-section
(1) the word ''forty-eight'' and inserting in its stead the word
''forty-nine''.
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1948 - SECT. 4.
Discontinuance of certain Regulations.
SECT
4.* (1) The First Schedule to the Principal Act is amended-
(a) by omitting from the first column the titles of the Regulations the
titles of which are specified in the First Schedule to this Act; and
(b) by omitting from the second and third columns the provisions relating
to those Regulations.
(2) Any contract or agreement-
(a) to which the Commonwealth, a Minister or an authority of the
Commonwealth is a party;
(b) which was subsisting immediately prior to the first day of January, One
thousand nine hundred and forty-nine; and
(c) which was entered into under any Regulations the title of which is
specified in the First Schedule to this Act,
shall, subject to the next succeeding sub-section, continue in full force and
effect.
(3) Where an authority of the Commonwealth is a party to any such contract
or agreement and that authority has ceased to exist, the Commonwealth shall be
deemed to be substituted for that authority as a party to the contract or
agreement.
(4) Where, immediately prior to the first day of January, One thousand nine
hundred and forty-nine-
(a) an authority of the Commonwealth constituted under any Regulations the
title of which is specified in the First Schedule to this Act was a party to
an action or other proceeding and that authority has ceased to exist, the
Commonwealth shall be substituted for that authority as a party to that action
or proceeding; and
(b) property or assets were, under any such Regulations, vested in an
authority of the Commonwealth and that authority has ceased to exist, that
property or those assets shall by force of this Act, be vested in the
Commonwealth.
(5) The provisions of section eight of the Acts Interpretation Act 1901-1947
shall apply in relation to-
(a) the Regulations the titles of which are specified in the First Schedule
to this Act;
(b) the orders, rules and by-laws which were in force or subsisting
immediately prior to the first day of January, One thousand nine hundred and
forty-nine and were, by virtue of sub-section (1) of section eight of the
Principal Act, so in force or subsisting as if made under any of those
Regulations; and
(c) the orders, rules and by-laws which were in force or subsisting
immediately prior to the commencement of this section and were made under any
of those Regulations as in force by virtue of the Principal Act,
as if those Regulations, orders, rules and by-laws were repealed on the first
day of January, One thousand nine hundred and forty-nine and as if each of
those Regulations, orders, rules and by-laws were an Act.
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1948 - SECT. 5.
Regulations and orders not in force under Defence (Transitional Provisions)
Act.
SECT
5.* (1) The First Schedule to the Principal Act is amended-
(a) by omitting from the first column the titles of the Regulations the
titles of which are specified in the Second Schedule to this Act; and
(b) by omitting from the second and third columns the provisions relating
to those Regulations.
(2) The Second Schedule to the Principal Act is amended-
(a) by omitting from the first column the titles of the Orders the titles
of which are specified in the Second Schedule to this Act; and
(b) by omitting from the second, third and fourth columns the provisions
relating to those orders.
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1948 - SECT. 6.
Amendment of continued Regulations.
SECT
6. The Regulations the titles of which are specified in the first column of
the Third Schedule to this Act, being the Regulations having those respective
titles as in force under the Principal Act immediately prior to the
commencement of this section are amended as respectively specified in the
third column of that Schedule.
Section 7 repealed by No. 2, 1953, s. 2.
* * * * * * * *
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DEFENCE (TRANSITIONAL PROVISIONS) ACT 1948 - FIRST SCHEDULE
SCH
THE SCHEDULES
FIRST SCHEDULE*
Section
4
National Security (Agricultural Aids) Regulations. National Security
(Australian Tobacco Leaf) Regulations. National Security (Guarantee)
Regulations. National Security (Jute) Regulations. National Security
(Potatoes) Regulations. National Security (Requisitioned Cargoes) Regulations.
National Security (War Damage to Property) Regulations. National Security
(Wheat Industry Stabilization) Regulations.
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1948 - SECOND SCHEDULE
SCH
SECOND SCHEDULE*
Section
5
National Security (Boot Trades Dilution) Regulations. National Security
(Control of Animal Diseases) Regulations. National Security (Dairy Products
Acquisition) Regulations. National Security (Egg Industry) Regulations.
National Security (Munitions) Regulations. National Security (Shipbuilding)
Regulations. Agricultural Machinery Order No. 1. Control of Footwear (Styles
and Quality) Order. Shirts, Collars and Pyjamas Order.
DEFENCE (TRANSITIONAL PROVISIONS) ACT 1948 - THIRD SCHEDULE
SCH
THIRD SCHEDULE*
Section
6
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First Column Second Column Third Column
Department
by which Regulations administered Amendments
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National Security (Economic Organization) Regulations Treasury and
(Part V) Labour
and National
Service Omit regulation 6A National Security
(General) Regulations Administered by
Departments
appropriate to
subject-matter of
individual
regulations Omit regulations 11 (3A), 25, 26
and
91 National Security (Hide and
Leather Industries) Regulations Commerce and
Agriculture Omit regulations 18 and 22 National
Security (Supplementary) Regulations Administered by
Departments
appropriate to
subject-matter of
individual
regulations Omit regulations 91, 112 and 136
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DEFENCE (TRANSITIONAL PROVISIONS) ACT 1948 - NOTES
NOTES
1. This Act comprises the Defence (Transitional Provisions) Act 1948 as
amended by the other Act specified in the following table:
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Number Date of
Act and year Date of
Assent commencement
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Defence (Transitional
Provisions) Act 1948 No. 88, 1948 21 Dec 1948 Ss. 1, 2 and 3:
Royal Assent
Remainder: 1 Jan
1949
Land Tax Abolition Act
1953 (a) No. 2, 1953 4 Mar 1953 1 Apr 1953
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(a) The Land Tax Abolition Act 1953 was repealed by section 7 of the
Statute Law Revision Act 1973. That section provides that the repeal does not
affect the operation of any amendment made by the repealed Act or any
provision made by it for the citation of an Act as so amended.
2. The amendments made by section 4 to the First Schedule to the Principal
Act are incorporated in the print of that Act.
3. The amendments made by section 5 to the First and Second Schedules to the
Principal Act are incorporated in the print of that Act.
4. The Regulations specified in the First Schedule are, by section 4 of this
Act, omitted from the First Schedule to the Principal Act, and have been
omitted from the First Schedule in the print of that Act.
5. The Regulations and Orders specified in the Second Schedule are, by
section 5 of this Act, omitted from the First and Second Schedules to the
Principal Act, and have been omitted from those Schedules in the print of that
Act.
6.-Third Sch.-The National Security (Hide and Leather Industries) Regulations
were repealed; see Statutory Rules 1948, No. 163.