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Defence (Transitional Provisions) Act 1949

Authoritative Version
Act No. 70 of 1949 as amended, taking into account amendments up to Act No. 93, 1966
Registered 25 Nov 2009
Start Date 01 Dec 1966
End Date 24 Jun 2014
Date of repeal 24 Jun 2014
Repealed by Amending Acts 1901 to 1969 Repeal Act 2014

DEFENCE (TRANSITIONAL PROVISIONS) ACT 1949 [Note: This Act is inoperative]
(#DATE 29:10:1966)

Compilation Information

- Reprinted as at 29 October 1966

DEFENCE (TRANSITIONAL PROVISIONS) ACT 1949-1966 - TABLE OF PROVISIONS

TABLE


DEFENCE (TRANSITIONAL PROVISIONS) ACT 1949-1966

TABLE OF PROVISIONS
Section
1. Short title and citation
2. Commencement
3. Operation of certain Regulations
4. Discontinuance of certain Regulations
5. Discontinuance of order
6. Amendment of continued Regulations
7. Repeal of Women's Employment Act
8. Saving of awards, &c.
9. Secrecy

THE SCHEDULES

Amendments of the Principal Act

DEFENCE (TRANSITIONAL PROVISIONS) ACT 1949-1966 - SECT. 1.
Short title.

SECT

DEFENCE (TRANSITIONAL PROVISIONS) ACT 1949-1966
An Act to amend the Defence (Transitional Provisions) Act 1946-1948, and for other purposes.
Short title and citation.
Short title amended; No. 32, 1918, s. 2.
1. (1) This Act may be cited as the Defence (Transitional Provisions) Act 1949-1966.*

(2) The Defence (Transitional Provisions) Act 1946-1948 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 1946-1949.

DEFENCE (TRANSITIONAL PROVISIONS) ACT 1949-1966 - 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 fifty.

DEFENCE (TRANSITIONAL PROVISIONS) ACT 1949-1966 - 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-nine'' and inserting in its stead the word ''fifty''.

DEFENCE (TRANSITIONAL PROVISIONS) ACT 1949-1966 - 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 commencement of this section; and

(c) which was entered into under any Regulations the title of which is specified in Part I of 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 commencement of this section-

(a) an authority of the Commonwealth constituted under any Regulations the title of which is specified in Part I of 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 1901-1948 shall apply in relation to-

(a) the Regulations the titles of which are specified in Part I of the First Schedule to this Act;

(b) the orders, rules and by-laws which were in force or subsisting immediately prior to the commencement of this section 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 date of commencement of this section and as if each of those Regulations, orders, rules and by-laws were an Act.

DEFENCE (TRANSITIONAL PROVISIONS) ACT 1949-1966 - SECT. 5.
Discontinuance of order.

SECT

5.* The Second Schedule to the Principal Act is amended-

(a) by omitting from the first column the title of the order the title of which is specified in the Second Schedule to this Act; and

(b) by omitting from the second and third columns the provisions relating to that order.

DEFENCE (TRANSITIONAL PROVISIONS) ACT 1949-1966 - 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.

DEFENCE (TRANSITIONAL PROVISIONS) ACT 1949-1966 - SECT. 7.
Repeal of Women's Employment Act.

SECT

7. (1) The Women's Employment Act 1942 is repealed.

(2)* * * * * * * * *

DEFENCE (TRANSITIONAL PROVISIONS) ACT 1949-1966 - SECT. 8.
Saving of awards, &c.

SECT

8. Each award, order, determination and decision in force or subsisting immediately prior to the commencement of this section under the National Security (Female Minimum Rates) Regulations, the Women's Employment Act 1942-1946 or the Women's Employment Regulations shall remain in force or subsisting until revoked by competent authority.

DEFENCE (TRANSITIONAL PROVISIONS) ACT 1949-1966 - SECT. 9.
Secrecy.

SECT

Sub-section (1) amended by No. 93, 1966, s. 3.
9. (1) A person to whom this section applies shall not, directly or indirectly, communicate or divulge any information to which this section applies.

Penalty: Two hundred dollars or imprisonment for six months.

(2) Nothing in the last preceding sub-section prohibits-

(a) a person, whenever the Minister declares that it is necessary or desirable in the interests of justice so to do-

(i) from communicating to the Attorney-General of a State information which makes it appear that a person has committed, or is suspected of having committed, or is about to commit, an offence against a law of that State relating to secret commissions; or

(ii) from producing to the Attorney-General of a State, for use in connexion with a prosecution of a person for any such offence, any documents, books or papers containing any such information;

(b) the communication to the Commissioner of Taxation or a Deputy Commissioner of Taxation of information for the purpose of the administration of any law of the Commonwealth relating to taxation; or

(c) the communication to the Tariff Board constituted under the Tariff Board Act 1921-1947 of information relating to a matter in respect of which an inquiry is being held by the Tariff Board.

(3) Where the Minister declares that he is satisfied that a law of a State or Territory of the Commonwealth makes adequate provision for the preservation of the secrecy of information communicated to an authority or officer exercising powers and functions in relation to the control of prices and rates of goods or services in that State or Territory, nothing in this section prohibits a person thereto authorized by the Minister from communicating information to such an authority or officer.

(4) A person to whom this section applies shall, if so required by the Minister or by an officer appointed by him to act under this sub-section, sign a declaration, in accordance with a form approved by the Minister, that he will not unlawfully communicate any information to which this section applies.

(5) In this section-

''information to which this section applies'' means information obtained by the Commonwealth for the purposes of the Prices Regulations;

''person to whom this section applies'' means any person who at any time exercised any power or performed any duty under or in relation to the Prices Regulations, and includes any person who is, or has at any time been, employed by the Commonwealth and possesses any information to which this section applies;

''the Minister'' means the Minister of State for Trade and Customs;

''the Prices Regulations'' means any Regulations having the title National Security (Prices) Regulations in force at any time under the National Security Act 1939 or under the Defence (Transitional Provisions) Act 1946, or under either of those Acts as amended.
Section 10 repealed by No. 2, 1953, s. 2.
* * * * * * * *

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DEFENCE (TRANSITIONAL PROVISIONS) ACT 1949-1966 - FIRST SCHEDULE

SCH


THE SCHEDULES

FIRST SCHEDULE*
Section 4

PART I-REGULATIONS DISCONTINUED
National Security (Australian Barley Board) Regulations. National Security (External Territories) Regulations. National Security (Female Minimum Rates) Regulations. National Security (Internment Camps) Regulations. National Security (Landlord and Tenant) Regulations. National Security (Liquid Fuel) Regulations. National Security (Military Forces) Regulations. National Security (Minerals) Regulations. National Security (Naval Charter Rates) Regulations. National Security (Naval Forces) Regulations. National Security (Prices) Regulations. National Security (Prisoners of War) Regulations. National Security (Rabbit Skins) Regulations. National Security (Salvage) Regulations. National Security (Tinplate Control) Regulations. National Security (Women's Services) Regulations. PART II-REGULATIONS NOT IN FORCE UNDER DEFENCE (TRANSITIONAL PROVISIONS)
ACT

National Security (Wheat Acquisition) Regulations.

DEFENCE (TRANSITIONAL PROVISIONS) ACT 1949-1966 - SECOND SCHEDULE

SCH


SECOND SCHEDULE*
Section 5

ORDER DISCONTINUED

Control of Essential Materials Order

DEFENCE (TRANSITIONAL PROVISIONS) ACT 1949-1966 - THIRD SCHEDULE

SCH


THIRD SCHEDULE
Section 6

REGULATIONS AMENDED
------------------------------------------------------------------------------ --
First Column Second Column Third Column

Department
by which Regulations Administered Amendments ------------------------------------------------------------------------------ --
National Security (Economic Organization) Regulations Treasury and
(Part V) Labour
and National
Service Regulation 2-
Omit from sub-regulation (1) ''(other
than Part V)''
Omit sub-regulation (2)
Regulation 3-
Omit-
''Part III-Prohibition of Transfer
of Certain Property
''Part IIIA-Prohibition of Transfer
of Residential Businesses''
Omit-
''Part V-Industrial Provisions''
Omit Parts III, IIIA and V
Regulation 20-
Omit ''Part III, Part IIIA or''
Omit ''either of those Parts'',
insert ''that Part''
Regulation 21-
Omit paragraph (a)
Omit from paragraph (b) ''Part III,
Part IIIA or''
Regulation 22-
Omit from sub-regulation (1) ''Part
III, Part IIIA,''
Omit from sub-regulation (1) ''any''
(last occurring), insert ''either''
Omit regulations 23, 24 and 25 National Security (General) Regulations Administered by
Departments
appropriate to
subject-matter of
individual
regulations Omit regulation 31A National Security (Supplementary) Regulations Administered by
Departments
appropriate to
subject-matter of
individual
regulations Omit regulations 3, 18 and 128 National Security (War Service Moratorium) Regulations Attorney-General Omit regulations 30A to 30AF (both
inclusive) ------------------------------------------------------------------------------ --
------------------------------------------------------------------------------ --

DEFENCE (TRANSITIONAL PROVISIONS) ACT 1949-1966 - NOTES


NOTES
1. The Defence (Transitional Provisions) Act 1949-1966 comprises the Defence (Transitional Provisions) Act 1949 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------

Number Date of
Act and year Date of
Assent commencement
----------------------------------------------------------------------------

Defence (Transitional
Provisions) Act 1949 No. 70, 1949 28 Oct 1949 Ss. 1, 2 and 3:
Royal Assent
Remainder: 1 Jan
1950
Land Tax Abolition Act
1953 (a) No. 2, 1953 4 Mar 1953 1 Apr 1953
Statute Law Revision
(Decimal Currency) Act
1966 No. 93, 1966 29 Oct 1966 1 Dec 1966 ----------------------------------------------------------------------------

(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 Second Schedule to the Principal Act are incorporated in the print of that Act.
4. The amendments made to the Third and Fourth Schedules to the Principal Act by sub-section 7 (2) have been incorporated in the print of that Act.
5. 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 that Schedule in the print of that Act.
6. The Order specified in the Second Schedule was, by section 5 of this Act, omitted from the Second Schedule to the Principal Act, and has been omitted from that Schedule in the print of that Act.