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
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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 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)
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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
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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 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.