{"id":"C1946A00077","name":"Defence (Transitional Provisions) Act 1946","slug":"defence-transitional-provisions-act-1946","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"77 of 1946","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":4183,"registerId":"commonwealth-C1946A00077-current","compilationNumber":null,"startDate":"2026-03-30","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"‑Preliminary","content":"An Act to make provision for the Security and Defence of the Commonwealth during a Time of Transition from War Conditions to Conditions of Peace, and for other purposes\n\nPreamble\n\nWHEREAS a state of war still exists between His Majesty and Germany, Japan and other countries:\n\nAND WHEREAS legislative provision is required in order to bring about a gradual and orderly return to conditions of peace:\n\nAND WHEREAS it is now necessary, for the peace, order and good government of the Commonwealth:\n\n(a) to make certain provisions to operate during a time of transition from war conditions to conditions of peace;\n\n(b) to make provision for the carrying on or completion, during that time of transition, of arrangements, activities, actions and proceedings entered upon or subsisting in pursuance of certain of the regulations made under the National Security Act 1939‑1946 and of the orders, rules and by‑laws made under those regulations; and\n\n(c) to provide for matters incidental to the termination of that Act and of the regulations made thereunder and of the orders, rules and by‑laws made under any of those regulations:\n\nBE it therefore enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:\n\n## Part I‑Preliminary\n\n##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Defence (Transitional Provisions) Act 1946‑1973.\n\n##### 2 Commencement\n\n  This Act shall come into operation on the first day of January, One thousand nine hundred and forty‑seven.\n\n##### 4 Interpretation\n\n  (1) In this Act, the National Security Act means the National Security Act 1939, and includes that Act as amended from time to time.\n  (2) Any reference in this Act to a Schedule shall be read as a reference to a Schedule to this Act.\n\n##### 5 Application of Act to Territories\n\n  Where any regulation, order, rule or by‑law in force by virtue of this Act, contains provisions which specifically require its application in any external Territory, that regulation, order, rule or by‑law shall have effect in that Territory accordingly and this Act shall extend to that Territory to the extent necessary to give effect to that regulation, order, rule or by‑law.\n\n## Part II‑Temporary preservation of certain Regulations and Instruments\n\n##### 6 Operation of certain Regulations\n\n  (1) The Regulations the titles of which are specified in the first column of the First Schedule, being the Regulations having those respective titles as in force under the National Security Act immediately prior to the commencement of this Act, shall, subject to this Act, be in force until midnight on the thirty‑first day of December, One thousand nine hundred and fifty‑two (in this Act and in the Regulations in force by virtue of this section referred to as “the prescribed time”) and no longer, with such amendments (if any) as are respectively specified in the third column of that Schedule.\n  (2) The Governor‑General may, before the prescribed time, make regulations:\n\n(a) repealing any Regulations in force by virtue of the last preceding subsection; and\n\n(b) amending any of those Regulations, but so that any such amendment shall be in respect of a matter dealt with by those Regulations.\n\n  (3) Regulations made under the last preceding subsection may include provision for:\n\n(a) conferring original jurisdiction on the High Court in any matter arising under the regulations;\n\n(b) defining the jurisdiction of any federal court, other than the High Court, with respect to any matter arising under the regulations; and\n\n(c) investing any court of a State with federal jurisdiction with respect to any matter arising under the regulations.\n\n##### 7 Temporary preservation of certain orders\n\n  (1) The orders specified in the first column of the Second Schedule, as in force immediately prior to the commencement of this Act, shall, subject to this Act, be in force until the prescribed time and no longer, with such amendments (if any) as are respectively specified in the fourth column of that Schedule.\n  (2) A Minister may, before the prescribed time, by order, amend or revoke any order in force by virtue of the last preceding subsection, but so that any such amendment shall be in respect of a matter dealt with by that order.\n\n##### 8 Savings\n\n  (1) Subject to subsection (3) of this section, each order, rule and by‑law in force or subsisting immediately prior to the commencement of this Act and made under any provision of any Regulations under the National Security Act the title of which is specified in the First Schedule, shall, if the Regulations having the same title as in force by virtue of this Act contain substantially the same provision, be in force or subsisting as if made under the last‑mentioned Regulations and those Regulations shall apply to them accordingly.\n  (2) Subject to the next succeeding subsection, each declaration, determination, exemption, delegation, notice, guarantee, authority, approval, consent, permit, requirement, valuation, certificate, licence, report, register, direction and other instrument or document in force or subsisting immediately prior to the commencement of this Act and made, given, issued or established:\n\n(a) under any provision of any Regulations under the National Security Act the title of which is specified in the First Schedule, if the Regulations having the same title as in force by virtue of this Act contain substantially the same provision;\n\n(b) under any order, rule or by‑law under any such provision; or\n\n(c) under any order specified in the Second Schedule, shall be in force or subsisting as if made, given, issued or established under the Regulations, order, rule or by‑law as in force by virtue of this Act and those Regulations, or that order, rule or by‑law, shall apply to it accordingly.\n\n  (3) Each award, order and determination in force or subsisting immediately prior to the commencement of this Act and made or given by any industrial authority having power to fix rates of pay or conditions of employment under any regulation under the National Security Act, shall remain in force or subsisting until revoked by competent authority.\n  (4) Each authority constituted or holding office and each person employed, immediately prior to the commencement of this Act:\n\n(a) under any provision of any Regulations under the National Security Act the title of which is specified in the First Schedule, if the Regulations having the same title as in force by virtue of this Act contain substantially the same provision; or\n\n(b) under any order, rule or by‑law made under any such provision, shall be deemed to be constituted, to hold office or to be employed, as the case may be, under the Regulations, order, rule or by‑law as in force by virtue of this Act.\n\n  (5) Any contract or agreement:\n\n(a) to which the Commonwealth, a Minister or any authority of the Commonwealth is a party;\n\n(b) which was subsisting immediately prior to the commencement of this Act; and\n\n(c) which was entered into under regulations made under the National Security Act, shall, subject to the next succeeding sub‑section, continue in full force and effect.\n\n  (6) 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.\n  (7) Where, immediately prior to the commencement of this Act, an authority of the Commonwealth constituted under any regulations under the National Security 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.\n  (8) Where, immediately prior to the commencement of this Act, property or assets were, under any regulations under the National Security Act, vested in an authority of the Commonwealth and that authority has ceased to exist, that property or those assets shall be deemed to be vested in the Commonwealth.\n\n##### 9 Power to amend or revoke orders\n\n  Any order, rule or by‑law in force by virtue of subsection (1) of the last preceding section may be amended or revoked by the authority having power under any regulations in force by virtue of this Act to make orders, rules or by‑laws with respect to the matter dealt with by that order, rule or by‑law.\n\n## Part III‑Amendment of Certain Acts \\[see Note 2\\]\n\n##### 10 Amendments of Acts\n\n  (1) The Acts specified in the first column of the Third Schedule are amended as respectively specified in the second column of that Schedule.\n  (2) Each Act specified in the first column of the Fourth Schedule, as amended by this Act, may be cited in the manner specified in the second column of that Schedule opposite to the reference to that Act in the first column.\n\n##### 11 Amendments of the Seamen’s War Pensions and Allowances Act\n\n  (1) The Seamen’s War Pensions and Allowances Act 1940 is in this section referred to as the Principal Act.\n  (2) The Principal Act, as amended by this section, may be cited as the Seamen’s War Pensions and Allowances Act 1940‑1946.\n\n  \n\n## Part IV‑Miscellaneous\n\n##### 13 War‑time compensation preservation\n\n  (1) In this section, the Regulations means the National Security (Civil Constructional Corps Compensation) Regulations, the National Security (Civil Defence Workers’ Compensation) Regulations and the National Security (War Injuries Compensation) Regulations, as in force immediately prior to the commencement of this Act.\n  (2) Notwithstanding that the Regulations ceased to have effect at midnight on the thirty‑first day of December, One thousand nine hundred and forty‑six (in this subsection referred to as “that time”):\n\n(a) any pension granted under the Regulations which is in force at that time, shall, subject to the provisions of the Regulations under which it was granted and the conditions under which it was granted, continue to be payable after that time;\n\n(b) any pension, or determination in relation to a pension, granted or made under the Regulations may, in accordance with the provisions of the Regulations under which it was granted or made, be reviewed after that time and any such pension or determination may be varied or cancelled or a new pension or determination may be granted or made;\n\n(c) where any right to make a claim for a pension under the Regulations has accrued before that time, the person entitled to make the claim may, within three months after that time, make a claim in accordance with the provisions of the Regulations under which the right accrued;\n\n(d) any claim made in accordance with the last preceding paragraph, and any claim, made under the Regulations prior to that time but not dealt with prior to that time, may, after that time, be considered and dealt with in the manner specified in the Regulations; and\n\n(e) any person or authority appointed, constituted or specified by or under the Regulations shall, for the purposes of paragraphs (a), (b), (c) and (d) of this subsection, continue to hold that appointment or to remain constituted or specified after that time, and shall have and may exercise all the powers and functions specified in the Regulations which are necessary to give effect to the provisions of paragraphs (a), (b), (c) and (d) of this subsection.\n\n  (3) For the purposes of the last preceding subsection, “pension” includes compensation of a periodical nature.\n\n##### 14 Provisions in respect of orders\n\n  (1) Sections forty‑eight and forty‑nine of the Acts Interpretation Act 1901‑1941 shall apply to orders, rules and by‑laws made under this Act or made under any regulation in force by virtue of this Act which are of a legislative and not of an executive character, in like manner as they apply to regulations.\n  (2) Orders, rules and by‑laws so made shall not be deemed to be Statutory Rules within the meaning of the Rules Publication Act 1903‑1939.\n  (3) The Acts Interpretation Act 1901‑1941 shall apply to the interpretation of all orders, rules or by‑laws so made in like manner as it applies to the interpretation of regulations, and, for the purpose of section forty‑six of that Act, as so applied, all such orders, rules and by‑laws shall be deemed to be regulations.\n\n##### 15 Trial of offences\n\n  (1) Any person who contravenes, or fails to comply with, any provision of any regulation in force by virtue of this Act, or of any order, rule or by‑law in force by virtue of this Act, or made under any such regulation, shall be guilty of an offence against this Act.\n  (2) An offence against this Act may be prosecuted either summarily or upon indictment, but an offender shall not be liable to be punished more than once in respect of the same offence.\n  (3) The punishment for an offence against this Act shall be:\n\n(a) if the offence is prosecuted summarily‑a fine not exceeding Two hundred dollars or imprisonment for a term not exceeding six months; or\n\n(b) if the offence is prosecuted upon indictment‑a fine not exceeding One thousand dollars or imprisonment for a term not exceeding two years.\n\n  (4) An offence against this Act shall not be prosecuted summarily without the written consent of the Attorney‑General, or a person thereto authorized in writing by the Attorney‑General or of the Director of Public Prosecutions, and an offence against this Act shall not be prosecuted on indictment except in the name of the Attorney‑General or the Director of Public Prosecutions.\n  (5) For the purpose of the trial of a person summarily or upon indictment for an offence against this Act, the offence shall be deemed to have been committed either at the place in which it was actually committed or at any place in which the person may be.\n  (6) In addition to any other punishment, a court may, if it thinks fit, order the forfeiture of any money or goods in respect of which an offence against this Act has been committed.\n\n##### 16 Offences by corporations\n\n  Where a person convicted of an offence against this Act is a body corporate, every person who, at the time of the commission of the offence, was a director or officer of the body corporate shall be deemed to be guilty of the offence, unless he proves that the offence was committed without his knowledge, or that he used all due diligence to prevent the commission of the offence.\n\n##### 17 Power to order recognizances\n\n  (1) When any person is convicted of an offence against this Act, the court before which he is convicted may, either in addition to or in lieu of any punishment provided for the offence, require him to enter into recognizances with or without sureties to comply with the provisions of the regulations, orders, rules or by‑laws in relation to which the offence was committed.\n  (2) If any person fails to comply with an order of the court requiring him to enter into recognizances, the court may order him to be imprisoned for any term not exceeding six months.\n\n##### 18 Delegation of powers under regulations\n\n  (1) A Minister may, in relation to any matters or class of matters, or in relation to any particular State or part of Australia, by writing under his hand, delegate all or any of his powers and functions under any regulation in force by virtue of this Act (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters, or the State or part of Australia, specified in the instrument of delegation.\n  (2) Every delegation under this section shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Minister.\n  (3) Where in any regulation in force by virtue of this Act the exercise of any power or function by a Minister, or the operation of any provision of that regulation, is dependent upon the opinion, belief or state of mind of a Minister in relation to any matter, that power or function may be exercised by the person to whom that power or function has been delegated by the Minister or that provision may operate, as the case may be, upon the opinion, belief or state of mind of that person in relation to that matter.\n  (4) Any delegation made by a Minister under the National Security Act which is in force immediately prior to the commencement of this Act and relates to the exercise of any power or function under any regulation in force by virtue of this Act shall continue in force as if made under this Act.\n\n##### 19 General preservation of rights, obligations etc.\n\n  The provisions of section eight of the Acts Interpretation Act 1901‑1941 shall apply in relation to the termination of the National Security Act 1939‑1946, and of any regulations made thereunder and of any orders, rules and by‑laws made under any such regulation, as if that termination were a repeal and any such regulation, order, rule or by‑law were an Act.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title [see Note 1]","content":"##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Defence (Transitional Provisions) Act 1946‑1973.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"##### 2 Commencement\n\n  This Act shall come into operation on the first day of January, One thousand nine hundred and forty‑seven.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"##### 4 Interpretation\n\n  (1) In this Act, the National Security Act means the National Security Act 1939, and includes that Act as amended from time to time.\n  (2) Any reference in this Act to a Schedule shall be read as a reference to a Schedule to this Act.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Application of Act to Territories","content":"##### 5 Application of Act to Territories\n\n  Where any regulation, order, rule or by‑law in force by virtue of this Act, contains provisions which specifically require its application in any external Territory, that regulation, order, rule or by‑law shall have effect in that Territory accordingly and this Act shall extend to that Territory to the extent necessary to give effect to that regulation, order, rule or by‑law.","sortOrder":4},{"sectionNumber":"Part II","sectionType":"part","heading":"‑Temporary preservation of certain Regulations and Instruments","content":"An Act to make provision for the Security and Defence of the Commonwealth during a Time of Transition from War Conditions to Conditions of Peace, and for other purposes\n\nPreamble\n\nWHEREAS a state of war still exists between His Majesty and Germany, Japan and other countries:\n\nAND WHEREAS legislative provision is required in order to bring about a gradual and orderly return to conditions of peace:\n\nAND WHEREAS it is now necessary, for the peace, order and good government of the Commonwealth:\n\n(a) to make certain provisions to operate during a time of transition from war conditions to conditions of peace;\n\n(b) to make provision for the carrying on or completion, during that time of transition, of arrangements, activities, actions and proceedings entered upon or subsisting in pursuance of certain of the regulations made under the National Security Act 1939‑1946 and of the orders, rules and by‑laws made under those regulations; and\n\n(c) to provide for matters incidental to the termination of that Act and of the regulations made thereunder and of the orders, rules and by‑laws made under any of those regulations:\n\nBE it therefore enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:\n\n## Part I‑Preliminary\n\n##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Defence (Transitional Provisions) Act 1946‑1973.\n\n##### 2 Commencement\n\n  This Act shall come into operation on the first day of January, One thousand nine hundred and forty‑seven.\n\n##### 4 Interpretation\n\n  (1) In this Act, the National Security Act means the National Security Act 1939, and includes that Act as amended from time to time.\n  (2) Any reference in this Act to a Schedule shall be read as a reference to a Schedule to this Act.\n\n##### 5 Application of Act to Territories\n\n  Where any regulation, order, rule or by‑law in force by virtue of this Act, contains provisions which specifically require its application in any external Territory, that regulation, order, rule or by‑law shall have effect in that Territory accordingly and this Act shall extend to that Territory to the extent necessary to give effect to that regulation, order, rule or by‑law.\n\n## Part II‑Temporary preservation of certain Regulations and Instruments\n\n##### 6 Operation of certain Regulations\n\n  (1) The Regulations the titles of which are specified in the first column of the First Schedule, being the Regulations having those respective titles as in force under the National Security Act immediately prior to the commencement of this Act, shall, subject to this Act, be in force until midnight on the thirty‑first day of December, One thousand nine hundred and fifty‑two (in this Act and in the Regulations in force by virtue of this section referred to as “the prescribed time”) and no longer, with such amendments (if any) as are respectively specified in the third column of that Schedule.\n  (2) The Governor‑General may, before the prescribed time, make regulations:\n\n(a) repealing any Regulations in force by virtue of the last preceding subsection; and\n\n(b) amending any of those Regulations, but so that any such amendment shall be in respect of a matter dealt with by those Regulations.\n\n  (3) Regulations made under the last preceding subsection may include provision for:\n\n(a) conferring original jurisdiction on the High Court in any matter arising under the regulations;\n\n(b) defining the jurisdiction of any federal court, other than the High Court, with respect to any matter arising under the regulations; and\n\n(c) investing any court of a State with federal jurisdiction with respect to any matter arising under the regulations.\n\n##### 7 Temporary preservation of certain orders\n\n  (1) The orders specified in the first column of the Second Schedule, as in force immediately prior to the commencement of this Act, shall, subject to this Act, be in force until the prescribed time and no longer, with such amendments (if any) as are respectively specified in the fourth column of that Schedule.\n  (2) A Minister may, before the prescribed time, by order, amend or revoke any order in force by virtue of the last preceding subsection, but so that any such amendment shall be in respect of a matter dealt with by that order.\n\n##### 8 Savings\n\n  (1) Subject to subsection (3) of this section, each order, rule and by‑law in force or subsisting immediately prior to the commencement of this Act and made under any provision of any Regulations under the National Security Act the title of which is specified in the First Schedule, shall, if the Regulations having the same title as in force by virtue of this Act contain substantially the same provision, be in force or subsisting as if made under the last‑mentioned Regulations and those Regulations shall apply to them accordingly.\n  (2) Subject to the next succeeding subsection, each declaration, determination, exemption, delegation, notice, guarantee, authority, approval, consent, permit, requirement, valuation, certificate, licence, report, register, direction and other instrument or document in force or subsisting immediately prior to the commencement of this Act and made, given, issued or established:\n\n(a) under any provision of any Regulations under the National Security Act the title of which is specified in the First Schedule, if the Regulations having the same title as in force by virtue of this Act contain substantially the same provision;\n\n(b) under any order, rule or by‑law under any such provision; or\n\n(c) under any order specified in the Second Schedule, shall be in force or subsisting as if made, given, issued or established under the Regulations, order, rule or by‑law as in force by virtue of this Act and those Regulations, or that order, rule or by‑law, shall apply to it accordingly.\n\n  (3) Each award, order and determination in force or subsisting immediately prior to the commencement of this Act and made or given by any industrial authority having power to fix rates of pay or conditions of employment under any regulation under the National Security Act, shall remain in force or subsisting until revoked by competent authority.\n  (4) Each authority constituted or holding office and each person employed, immediately prior to the commencement of this Act:\n\n(a) under any provision of any Regulations under the National Security Act the title of which is specified in the First Schedule, if the Regulations having the same title as in force by virtue of this Act contain substantially the same provision; or\n\n(b) under any order, rule or by‑law made under any such provision, shall be deemed to be constituted, to hold office or to be employed, as the case may be, under the Regulations, order, rule or by‑law as in force by virtue of this Act.\n\n  (5) Any contract or agreement:\n\n(a) to which the Commonwealth, a Minister or any authority of the Commonwealth is a party;\n\n(b) which was subsisting immediately prior to the commencement of this Act; and\n\n(c) which was entered into under regulations made under the National Security Act, shall, subject to the next succeeding sub‑section, continue in full force and effect.\n\n  (6) 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.\n  (7) Where, immediately prior to the commencement of this Act, an authority of the Commonwealth constituted under any regulations under the National Security 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.\n  (8) Where, immediately prior to the commencement of this Act, property or assets were, under any regulations under the National Security Act, vested in an authority of the Commonwealth and that authority has ceased to exist, that property or those assets shall be deemed to be vested in the Commonwealth.\n\n##### 9 Power to amend or revoke orders\n\n  Any order, rule or by‑law in force by virtue of subsection (1) of the last preceding section may be amended or revoked by the authority having power under any regulations in force by virtue of this Act to make orders, rules or by‑laws with respect to the matter dealt with by that order, rule or by‑law.\n\n## Part III‑Amendment of Certain Acts \\[see Note 2\\]\n\n##### 10 Amendments of Acts\n\n  (1) The Acts specified in the first column of the Third Schedule are amended as respectively specified in the second column of that Schedule.\n  (2) Each Act specified in the first column of the Fourth Schedule, as amended by this Act, may be cited in the manner specified in the second column of that Schedule opposite to the reference to that Act in the first column.\n\n##### 11 Amendments of the Seamen’s War Pensions and Allowances Act\n\n  (1) The Seamen’s War Pensions and Allowances Act 1940 is in this section referred to as the Principal Act.\n  (2) The Principal Act, as amended by this section, may be cited as the Seamen’s War Pensions and Allowances Act 1940‑1946.\n\n  \n\n## Part IV‑Miscellaneous\n\n##### 13 War‑time compensation preservation\n\n  (1) In this section, the Regulations means the National Security (Civil Constructional Corps Compensation) Regulations, the National Security (Civil Defence Workers’ Compensation) Regulations and the National Security (War Injuries Compensation) Regulations, as in force immediately prior to the commencement of this Act.\n  (2) Notwithstanding that the Regulations ceased to have effect at midnight on the thirty‑first day of December, One thousand nine hundred and forty‑six (in this subsection referred to as “that time”):\n\n(a) any pension granted under the Regulations which is in force at that time, shall, subject to the provisions of the Regulations under which it was granted and the conditions under which it was granted, continue to be payable after that time;\n\n(b) any pension, or determination in relation to a pension, granted or made under the Regulations may, in accordance with the provisions of the Regulations under which it was granted or made, be reviewed after that time and any such pension or determination may be varied or cancelled or a new pension or determination may be granted or made;\n\n(c) where any right to make a claim for a pension under the Regulations has accrued before that time, the person entitled to make the claim may, within three months after that time, make a claim in accordance with the provisions of the Regulations under which the right accrued;\n\n(d) any claim made in accordance with the last preceding paragraph, and any claim, made under the Regulations prior to that time but not dealt with prior to that time, may, after that time, be considered and dealt with in the manner specified in the Regulations; and\n\n(e) any person or authority appointed, constituted or specified by or under the Regulations shall, for the purposes of paragraphs (a), (b), (c) and (d) of this subsection, continue to hold that appointment or to remain constituted or specified after that time, and shall have and may exercise all the powers and functions specified in the Regulations which are necessary to give effect to the provisions of paragraphs (a), (b), (c) and (d) of this subsection.\n\n  (3) For the purposes of the last preceding subsection, “pension” includes compensation of a periodical nature.\n\n##### 14 Provisions in respect of orders\n\n  (1) Sections forty‑eight and forty‑nine of the Acts Interpretation Act 1901‑1941 shall apply to orders, rules and by‑laws made under this Act or made under any regulation in force by virtue of this Act which are of a legislative and not of an executive character, in like manner as they apply to regulations.\n  (2) Orders, rules and by‑laws so made shall not be deemed to be Statutory Rules within the meaning of the Rules Publication Act 1903‑1939.\n  (3) The Acts Interpretation Act 1901‑1941 shall apply to the interpretation of all orders, rules or by‑laws so made in like manner as it applies to the interpretation of regulations, and, for the purpose of section forty‑six of that Act, as so applied, all such orders, rules and by‑laws shall be deemed to be regulations.\n\n##### 15 Trial of offences\n\n  (1) Any person who contravenes, or fails to comply with, any provision of any regulation in force by virtue of this Act, or of any order, rule or by‑law in force by virtue of this Act, or made under any such regulation, shall be guilty of an offence against this Act.\n  (2) An offence against this Act may be prosecuted either summarily or upon indictment, but an offender shall not be liable to be punished more than once in respect of the same offence.\n  (3) The punishment for an offence against this Act shall be:\n\n(a) if the offence is prosecuted summarily‑a fine not exceeding Two hundred dollars or imprisonment for a term not exceeding six months; or\n\n(b) if the offence is prosecuted upon indictment‑a fine not exceeding One thousand dollars or imprisonment for a term not exceeding two years.\n\n  (4) An offence against this Act shall not be prosecuted summarily without the written consent of the Attorney‑General, or a person thereto authorized in writing by the Attorney‑General or of the Director of Public Prosecutions, and an offence against this Act shall not be prosecuted on indictment except in the name of the Attorney‑General or the Director of Public Prosecutions.\n  (5) For the purpose of the trial of a person summarily or upon indictment for an offence against this Act, the offence shall be deemed to have been committed either at the place in which it was actually committed or at any place in which the person may be.\n  (6) In addition to any other punishment, a court may, if it thinks fit, order the forfeiture of any money or goods in respect of which an offence against this Act has been committed.\n\n##### 16 Offences by corporations\n\n  Where a person convicted of an offence against this Act is a body corporate, every person who, at the time of the commission of the offence, was a director or officer of the body corporate shall be deemed to be guilty of the offence, unless he proves that the offence was committed without his knowledge, or that he used all due diligence to prevent the commission of the offence.\n\n##### 17 Power to order recognizances\n\n  (1) When any person is convicted of an offence against this Act, the court before which he is convicted may, either in addition to or in lieu of any punishment provided for the offence, require him to enter into recognizances with or without sureties to comply with the provisions of the regulations, orders, rules or by‑laws in relation to which the offence was committed.\n  (2) If any person fails to comply with an order of the court requiring him to enter into recognizances, the court may order him to be imprisoned for any term not exceeding six months.\n\n##### 18 Delegation of powers under regulations\n\n  (1) A Minister may, in relation to any matters or class of matters, or in relation to any particular State or part of Australia, by writing under his hand, delegate all or any of his powers and functions under any regulation in force by virtue of this Act (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters, or the State or part of Australia, specified in the instrument of delegation.\n  (2) Every delegation under this section shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Minister.\n  (3) Where in any regulation in force by virtue of this Act the exercise of any power or function by a Minister, or the operation of any provision of that regulation, is dependent upon the opinion, belief or state of mind of a Minister in relation to any matter, that power or function may be exercised by the person to whom that power or function has been delegated by the Minister or that provision may operate, as the case may be, upon the opinion, belief or state of mind of that person in relation to that matter.\n  (4) Any delegation made by a Minister under the National Security Act which is in force immediately prior to the commencement of this Act and relates to the exercise of any power or function under any regulation in force by virtue of this Act shall continue in force as if made under this Act.\n\n##### 19 General preservation of rights, obligations etc.\n\n  The provisions of section eight of the Acts Interpretation Act 1901‑1941 shall apply in relation to the termination of the National Security Act 1939‑1946, and of any regulations made thereunder and of any orders, rules and by‑laws made under any such regulation, as if that termination were a repeal and any such regulation, order, rule or by‑law were an Act.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Operation of certain Regulations","content":"##### 6 Operation of certain Regulations\n\n  (1) The Regulations the titles of which are specified in the first column of the First Schedule, being the Regulations having those respective titles as in force under the National Security Act immediately prior to the commencement of this Act, shall, subject to this Act, be in force until midnight on the thirty‑first day of December, One thousand nine hundred and fifty‑two (in this Act and in the Regulations in force by virtue of this section referred to as “the prescribed time”) and no longer, with such amendments (if any) as are respectively specified in the third column of that Schedule.\n  (2) The Governor‑General may, before the prescribed time, make regulations:\n\n(a) repealing any Regulations in force by virtue of the last preceding subsection; and\n\n(b) amending any of those Regulations, but so that any such amendment shall be in respect of a matter dealt with by those Regulations.\n\n  (3) Regulations made under the last preceding subsection may include provision for:\n\n(a) conferring original jurisdiction on the High Court in any matter arising under the regulations;\n\n(b) defining the jurisdiction of any federal court, other than the High Court, with respect to any matter arising under the regulations; and\n\n(c) investing any court of a State with federal jurisdiction with respect to any matter arising under the regulations.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Temporary preservation of certain orders","content":"##### 7 Temporary preservation of certain orders\n\n  (1) The orders specified in the first column of the Second Schedule, as in force immediately prior to the commencement of this Act, shall, subject to this Act, be in force until the prescribed time and no longer, with such amendments (if any) as are respectively specified in the fourth column of that Schedule.\n  (2) A Minister may, before the prescribed time, by order, amend or revoke any order in force by virtue of the last preceding subsection, but so that any such amendment shall be in respect of a matter dealt with by that order.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Savings","content":"##### 8 Savings\n\n  (1) Subject to subsection (3) of this section, each order, rule and by‑law in force or subsisting immediately prior to the commencement of this Act and made under any provision of any Regulations under the National Security Act the title of which is specified in the First Schedule, shall, if the Regulations having the same title as in force by virtue of this Act contain substantially the same provision, be in force or subsisting as if made under the last‑mentioned Regulations and those Regulations shall apply to them accordingly.\n  (2) Subject to the next succeeding subsection, each declaration, determination, exemption, delegation, notice, guarantee, authority, approval, consent, permit, requirement, valuation, certificate, licence, report, register, direction and other instrument or document in force or subsisting immediately prior to the commencement of this Act and made, given, issued or established:\n\n(a) under any provision of any Regulations under the National Security Act the title of which is specified in the First Schedule, if the Regulations having the same title as in force by virtue of this Act contain substantially the same provision;\n\n(b) under any order, rule or by‑law under any such provision; or\n\n(c) under any order specified in the Second Schedule, shall be in force or subsisting as if made, given, issued or established under the Regulations, order, rule or by‑law as in force by virtue of this Act and those Regulations, or that order, rule or by‑law, shall apply to it accordingly.\n\n  (3) Each award, order and determination in force or subsisting immediately prior to the commencement of this Act and made or given by any industrial authority having power to fix rates of pay or conditions of employment under any regulation under the National Security Act, shall remain in force or subsisting until revoked by competent authority.\n  (4) Each authority constituted or holding office and each person employed, immediately prior to the commencement of this Act:\n\n(a) under any provision of any Regulations under the National Security Act the title of which is specified in the First Schedule, if the Regulations having the same title as in force by virtue of this Act contain substantially the same provision; or\n\n(b) under any order, rule or by‑law made under any such provision, shall be deemed to be constituted, to hold office or to be employed, as the case may be, under the Regulations, order, rule or by‑law as in force by virtue of this Act.\n\n  (5) Any contract or agreement:\n\n(a) to which the Commonwealth, a Minister or any authority of the Commonwealth is a party;\n\n(b) which was subsisting immediately prior to the commencement of this Act; and\n\n(c) which was entered into under regulations made under the National Security Act, shall, subject to the next succeeding sub‑section, continue in full force and effect.\n\n  (6) 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.\n  (7) Where, immediately prior to the commencement of this Act, an authority of the Commonwealth constituted under any regulations under the National Security 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.\n  (8) Where, immediately prior to the commencement of this Act, property or assets were, under any regulations under the National Security Act, vested in an authority of the Commonwealth and that authority has ceased to exist, that property or those assets shall be deemed to be vested in the Commonwealth.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Power to amend or revoke orders","content":"##### 9 Power to amend or revoke orders\n\n  Any order, rule or by‑law in force by virtue of subsection (1) of the last preceding section may be amended or revoked by the authority having power under any regulations in force by virtue of this Act to make orders, rules or by‑laws with respect to the matter dealt with by that order, rule or by‑law.","sortOrder":9},{"sectionNumber":"Part III","sectionType":"part","heading":"‑Amendment of Certain Acts [see Note 2]","content":"An Act to make provision for the Security and Defence of the Commonwealth during a Time of Transition from War Conditions to Conditions of Peace, and for other purposes\n\nPreamble\n\nWHEREAS a state of war still exists between His Majesty and Germany, Japan and other countries:\n\nAND WHEREAS legislative provision is required in order to bring about a gradual and orderly return to conditions of peace:\n\nAND WHEREAS it is now necessary, for the peace, order and good government of the Commonwealth:\n\n(a) to make certain provisions to operate during a time of transition from war conditions to conditions of peace;\n\n(b) to make provision for the carrying on or completion, during that time of transition, of arrangements, activities, actions and proceedings entered upon or subsisting in pursuance of certain of the regulations made under the National Security Act 1939‑1946 and of the orders, rules and by‑laws made under those regulations; and\n\n(c) to provide for matters incidental to the termination of that Act and of the regulations made thereunder and of the orders, rules and by‑laws made under any of those regulations:\n\nBE it therefore enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:\n\n## Part I‑Preliminary\n\n##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Defence (Transitional Provisions) Act 1946‑1973.\n\n##### 2 Commencement\n\n  This Act shall come into operation on the first day of January, One thousand nine hundred and forty‑seven.\n\n##### 4 Interpretation\n\n  (1) In this Act, the National Security Act means the National Security Act 1939, and includes that Act as amended from time to time.\n  (2) Any reference in this Act to a Schedule shall be read as a reference to a Schedule to this Act.\n\n##### 5 Application of Act to Territories\n\n  Where any regulation, order, rule or by‑law in force by virtue of this Act, contains provisions which specifically require its application in any external Territory, that regulation, order, rule or by‑law shall have effect in that Territory accordingly and this Act shall extend to that Territory to the extent necessary to give effect to that regulation, order, rule or by‑law.\n\n## Part II‑Temporary preservation of certain Regulations and Instruments\n\n##### 6 Operation of certain Regulations\n\n  (1) The Regulations the titles of which are specified in the first column of the First Schedule, being the Regulations having those respective titles as in force under the National Security Act immediately prior to the commencement of this Act, shall, subject to this Act, be in force until midnight on the thirty‑first day of December, One thousand nine hundred and fifty‑two (in this Act and in the Regulations in force by virtue of this section referred to as “the prescribed time”) and no longer, with such amendments (if any) as are respectively specified in the third column of that Schedule.\n  (2) The Governor‑General may, before the prescribed time, make regulations:\n\n(a) repealing any Regulations in force by virtue of the last preceding subsection; and\n\n(b) amending any of those Regulations, but so that any such amendment shall be in respect of a matter dealt with by those Regulations.\n\n  (3) Regulations made under the last preceding subsection may include provision for:\n\n(a) conferring original jurisdiction on the High Court in any matter arising under the regulations;\n\n(b) defining the jurisdiction of any federal court, other than the High Court, with respect to any matter arising under the regulations; and\n\n(c) investing any court of a State with federal jurisdiction with respect to any matter arising under the regulations.\n\n##### 7 Temporary preservation of certain orders\n\n  (1) The orders specified in the first column of the Second Schedule, as in force immediately prior to the commencement of this Act, shall, subject to this Act, be in force until the prescribed time and no longer, with such amendments (if any) as are respectively specified in the fourth column of that Schedule.\n  (2) A Minister may, before the prescribed time, by order, amend or revoke any order in force by virtue of the last preceding subsection, but so that any such amendment shall be in respect of a matter dealt with by that order.\n\n##### 8 Savings\n\n  (1) Subject to subsection (3) of this section, each order, rule and by‑law in force or subsisting immediately prior to the commencement of this Act and made under any provision of any Regulations under the National Security Act the title of which is specified in the First Schedule, shall, if the Regulations having the same title as in force by virtue of this Act contain substantially the same provision, be in force or subsisting as if made under the last‑mentioned Regulations and those Regulations shall apply to them accordingly.\n  (2) Subject to the next succeeding subsection, each declaration, determination, exemption, delegation, notice, guarantee, authority, approval, consent, permit, requirement, valuation, certificate, licence, report, register, direction and other instrument or document in force or subsisting immediately prior to the commencement of this Act and made, given, issued or established:\n\n(a) under any provision of any Regulations under the National Security Act the title of which is specified in the First Schedule, if the Regulations having the same title as in force by virtue of this Act contain substantially the same provision;\n\n(b) under any order, rule or by‑law under any such provision; or\n\n(c) under any order specified in the Second Schedule, shall be in force or subsisting as if made, given, issued or established under the Regulations, order, rule or by‑law as in force by virtue of this Act and those Regulations, or that order, rule or by‑law, shall apply to it accordingly.\n\n  (3) Each award, order and determination in force or subsisting immediately prior to the commencement of this Act and made or given by any industrial authority having power to fix rates of pay or conditions of employment under any regulation under the National Security Act, shall remain in force or subsisting until revoked by competent authority.\n  (4) Each authority constituted or holding office and each person employed, immediately prior to the commencement of this Act:\n\n(a) under any provision of any Regulations under the National Security Act the title of which is specified in the First Schedule, if the Regulations having the same title as in force by virtue of this Act contain substantially the same provision; or\n\n(b) under any order, rule or by‑law made under any such provision, shall be deemed to be constituted, to hold office or to be employed, as the case may be, under the Regulations, order, rule or by‑law as in force by virtue of this Act.\n\n  (5) Any contract or agreement:\n\n(a) to which the Commonwealth, a Minister or any authority of the Commonwealth is a party;\n\n(b) which was subsisting immediately prior to the commencement of this Act; and\n\n(c) which was entered into under regulations made under the National Security Act, shall, subject to the next succeeding sub‑section, continue in full force and effect.\n\n  (6) 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.\n  (7) Where, immediately prior to the commencement of this Act, an authority of the Commonwealth constituted under any regulations under the National Security 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.\n  (8) Where, immediately prior to the commencement of this Act, property or assets were, under any regulations under the National Security Act, vested in an authority of the Commonwealth and that authority has ceased to exist, that property or those assets shall be deemed to be vested in the Commonwealth.\n\n##### 9 Power to amend or revoke orders\n\n  Any order, rule or by‑law in force by virtue of subsection (1) of the last preceding section may be amended or revoked by the authority having power under any regulations in force by virtue of this Act to make orders, rules or by‑laws with respect to the matter dealt with by that order, rule or by‑law.\n\n## Part III‑Amendment of Certain Acts \\[see Note 2\\]\n\n##### 10 Amendments of Acts\n\n  (1) The Acts specified in the first column of the Third Schedule are amended as respectively specified in the second column of that Schedule.\n  (2) Each Act specified in the first column of the Fourth Schedule, as amended by this Act, may be cited in the manner specified in the second column of that Schedule opposite to the reference to that Act in the first column.\n\n##### 11 Amendments of the Seamen’s War Pensions and Allowances Act\n\n  (1) The Seamen’s War Pensions and Allowances Act 1940 is in this section referred to as the Principal Act.\n  (2) The Principal Act, as amended by this section, may be cited as the Seamen’s War Pensions and Allowances Act 1940‑1946.\n\n  \n\n## Part IV‑Miscellaneous\n\n##### 13 War‑time compensation preservation\n\n  (1) In this section, the Regulations means the National Security (Civil Constructional Corps Compensation) Regulations, the National Security (Civil Defence Workers’ Compensation) Regulations and the National Security (War Injuries Compensation) Regulations, as in force immediately prior to the commencement of this Act.\n  (2) Notwithstanding that the Regulations ceased to have effect at midnight on the thirty‑first day of December, One thousand nine hundred and forty‑six (in this subsection referred to as “that time”):\n\n(a) any pension granted under the Regulations which is in force at that time, shall, subject to the provisions of the Regulations under which it was granted and the conditions under which it was granted, continue to be payable after that time;\n\n(b) any pension, or determination in relation to a pension, granted or made under the Regulations may, in accordance with the provisions of the Regulations under which it was granted or made, be reviewed after that time and any such pension or determination may be varied or cancelled or a new pension or determination may be granted or made;\n\n(c) where any right to make a claim for a pension under the Regulations has accrued before that time, the person entitled to make the claim may, within three months after that time, make a claim in accordance with the provisions of the Regulations under which the right accrued;\n\n(d) any claim made in accordance with the last preceding paragraph, and any claim, made under the Regulations prior to that time but not dealt with prior to that time, may, after that time, be considered and dealt with in the manner specified in the Regulations; and\n\n(e) any person or authority appointed, constituted or specified by or under the Regulations shall, for the purposes of paragraphs (a), (b), (c) and (d) of this subsection, continue to hold that appointment or to remain constituted or specified after that time, and shall have and may exercise all the powers and functions specified in the Regulations which are necessary to give effect to the provisions of paragraphs (a), (b), (c) and (d) of this subsection.\n\n  (3) For the purposes of the last preceding subsection, “pension” includes compensation of a periodical nature.\n\n##### 14 Provisions in respect of orders\n\n  (1) Sections forty‑eight and forty‑nine of the Acts Interpretation Act 1901‑1941 shall apply to orders, rules and by‑laws made under this Act or made under any regulation in force by virtue of this Act which are of a legislative and not of an executive character, in like manner as they apply to regulations.\n  (2) Orders, rules and by‑laws so made shall not be deemed to be Statutory Rules within the meaning of the Rules Publication Act 1903‑1939.\n  (3) The Acts Interpretation Act 1901‑1941 shall apply to the interpretation of all orders, rules or by‑laws so made in like manner as it applies to the interpretation of regulations, and, for the purpose of section forty‑six of that Act, as so applied, all such orders, rules and by‑laws shall be deemed to be regulations.\n\n##### 15 Trial of offences\n\n  (1) Any person who contravenes, or fails to comply with, any provision of any regulation in force by virtue of this Act, or of any order, rule or by‑law in force by virtue of this Act, or made under any such regulation, shall be guilty of an offence against this Act.\n  (2) An offence against this Act may be prosecuted either summarily or upon indictment, but an offender shall not be liable to be punished more than once in respect of the same offence.\n  (3) The punishment for an offence against this Act shall be:\n\n(a) if the offence is prosecuted summarily‑a fine not exceeding Two hundred dollars or imprisonment for a term not exceeding six months; or\n\n(b) if the offence is prosecuted upon indictment‑a fine not exceeding One thousand dollars or imprisonment for a term not exceeding two years.\n\n  (4) An offence against this Act shall not be prosecuted summarily without the written consent of the Attorney‑General, or a person thereto authorized in writing by the Attorney‑General or of the Director of Public Prosecutions, and an offence against this Act shall not be prosecuted on indictment except in the name of the Attorney‑General or the Director of Public Prosecutions.\n  (5) For the purpose of the trial of a person summarily or upon indictment for an offence against this Act, the offence shall be deemed to have been committed either at the place in which it was actually committed or at any place in which the person may be.\n  (6) In addition to any other punishment, a court may, if it thinks fit, order the forfeiture of any money or goods in respect of which an offence against this Act has been committed.\n\n##### 16 Offences by corporations\n\n  Where a person convicted of an offence against this Act is a body corporate, every person who, at the time of the commission of the offence, was a director or officer of the body corporate shall be deemed to be guilty of the offence, unless he proves that the offence was committed without his knowledge, or that he used all due diligence to prevent the commission of the offence.\n\n##### 17 Power to order recognizances\n\n  (1) When any person is convicted of an offence against this Act, the court before which he is convicted may, either in addition to or in lieu of any punishment provided for the offence, require him to enter into recognizances with or without sureties to comply with the provisions of the regulations, orders, rules or by‑laws in relation to which the offence was committed.\n  (2) If any person fails to comply with an order of the court requiring him to enter into recognizances, the court may order him to be imprisoned for any term not exceeding six months.\n\n##### 18 Delegation of powers under regulations\n\n  (1) A Minister may, in relation to any matters or class of matters, or in relation to any particular State or part of Australia, by writing under his hand, delegate all or any of his powers and functions under any regulation in force by virtue of this Act (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters, or the State or part of Australia, specified in the instrument of delegation.\n  (2) Every delegation under this section shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Minister.\n  (3) Where in any regulation in force by virtue of this Act the exercise of any power or function by a Minister, or the operation of any provision of that regulation, is dependent upon the opinion, belief or state of mind of a Minister in relation to any matter, that power or function may be exercised by the person to whom that power or function has been delegated by the Minister or that provision may operate, as the case may be, upon the opinion, belief or state of mind of that person in relation to that matter.\n  (4) Any delegation made by a Minister under the National Security Act which is in force immediately prior to the commencement of this Act and relates to the exercise of any power or function under any regulation in force by virtue of this Act shall continue in force as if made under this Act.\n\n##### 19 General preservation of rights, obligations etc.\n\n  The provisions of section eight of the Acts Interpretation Act 1901‑1941 shall apply in relation to the termination of the National Security Act 1939‑1946, and of any regulations made thereunder and of any orders, rules and by‑laws made under any such regulation, as if that termination were a repeal and any such regulation, order, rule or by‑law were an Act.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Amendments of Acts","content":"##### 10 Amendments of Acts\n\n  (1) The Acts specified in the first column of the Third Schedule are amended as respectively specified in the second column of that Schedule.\n  (2) Each Act specified in the first column of the Fourth Schedule, as amended by this Act, may be cited in the manner specified in the second column of that Schedule opposite to the reference to that Act in the first column.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Amendments of the Seamen’s War Pensions and Allowances Act","content":"##### 11 Amendments of the Seamen’s War Pensions and Allowances Act\n\n  (1) The Seamen’s War Pensions and Allowances Act 1940 is in this section referred to as the Principal Act.\n  (2) The Principal Act, as amended by this section, may be cited as the Seamen’s War Pensions and Allowances Act 1940‑1946.","sortOrder":12},{"sectionNumber":"Part IV","sectionType":"part","heading":"‑Miscellaneous","content":"An Act to make provision for the Security and Defence of the Commonwealth during a Time of Transition from War Conditions to Conditions of Peace, and for other purposes\n\nPreamble\n\nWHEREAS a state of war still exists between His Majesty and Germany, Japan and other countries:\n\nAND WHEREAS legislative provision is required in order to bring about a gradual and orderly return to conditions of peace:\n\nAND WHEREAS it is now necessary, for the peace, order and good government of the Commonwealth:\n\n(a) to make certain provisions to operate during a time of transition from war conditions to conditions of peace;\n\n(b) to make provision for the carrying on or completion, during that time of transition, of arrangements, activities, actions and proceedings entered upon or subsisting in pursuance of certain of the regulations made under the National Security Act 1939‑1946 and of the orders, rules and by‑laws made under those regulations; and\n\n(c) to provide for matters incidental to the termination of that Act and of the regulations made thereunder and of the orders, rules and by‑laws made under any of those regulations:\n\nBE it therefore enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:\n\n## Part I‑Preliminary\n\n##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Defence (Transitional Provisions) Act 1946‑1973.\n\n##### 2 Commencement\n\n  This Act shall come into operation on the first day of January, One thousand nine hundred and forty‑seven.\n\n##### 4 Interpretation\n\n  (1) In this Act, the National Security Act means the National Security Act 1939, and includes that Act as amended from time to time.\n  (2) Any reference in this Act to a Schedule shall be read as a reference to a Schedule to this Act.\n\n##### 5 Application of Act to Territories\n\n  Where any regulation, order, rule or by‑law in force by virtue of this Act, contains provisions which specifically require its application in any external Territory, that regulation, order, rule or by‑law shall have effect in that Territory accordingly and this Act shall extend to that Territory to the extent necessary to give effect to that regulation, order, rule or by‑law.\n\n## Part II‑Temporary preservation of certain Regulations and Instruments\n\n##### 6 Operation of certain Regulations\n\n  (1) The Regulations the titles of which are specified in the first column of the First Schedule, being the Regulations having those respective titles as in force under the National Security Act immediately prior to the commencement of this Act, shall, subject to this Act, be in force until midnight on the thirty‑first day of December, One thousand nine hundred and fifty‑two (in this Act and in the Regulations in force by virtue of this section referred to as “the prescribed time”) and no longer, with such amendments (if any) as are respectively specified in the third column of that Schedule.\n  (2) The Governor‑General may, before the prescribed time, make regulations:\n\n(a) repealing any Regulations in force by virtue of the last preceding subsection; and\n\n(b) amending any of those Regulations, but so that any such amendment shall be in respect of a matter dealt with by those Regulations.\n\n  (3) Regulations made under the last preceding subsection may include provision for:\n\n(a) conferring original jurisdiction on the High Court in any matter arising under the regulations;\n\n(b) defining the jurisdiction of any federal court, other than the High Court, with respect to any matter arising under the regulations; and\n\n(c) investing any court of a State with federal jurisdiction with respect to any matter arising under the regulations.\n\n##### 7 Temporary preservation of certain orders\n\n  (1) The orders specified in the first column of the Second Schedule, as in force immediately prior to the commencement of this Act, shall, subject to this Act, be in force until the prescribed time and no longer, with such amendments (if any) as are respectively specified in the fourth column of that Schedule.\n  (2) A Minister may, before the prescribed time, by order, amend or revoke any order in force by virtue of the last preceding subsection, but so that any such amendment shall be in respect of a matter dealt with by that order.\n\n##### 8 Savings\n\n  (1) Subject to subsection (3) of this section, each order, rule and by‑law in force or subsisting immediately prior to the commencement of this Act and made under any provision of any Regulations under the National Security Act the title of which is specified in the First Schedule, shall, if the Regulations having the same title as in force by virtue of this Act contain substantially the same provision, be in force or subsisting as if made under the last‑mentioned Regulations and those Regulations shall apply to them accordingly.\n  (2) Subject to the next succeeding subsection, each declaration, determination, exemption, delegation, notice, guarantee, authority, approval, consent, permit, requirement, valuation, certificate, licence, report, register, direction and other instrument or document in force or subsisting immediately prior to the commencement of this Act and made, given, issued or established:\n\n(a) under any provision of any Regulations under the National Security Act the title of which is specified in the First Schedule, if the Regulations having the same title as in force by virtue of this Act contain substantially the same provision;\n\n(b) under any order, rule or by‑law under any such provision; or\n\n(c) under any order specified in the Second Schedule, shall be in force or subsisting as if made, given, issued or established under the Regulations, order, rule or by‑law as in force by virtue of this Act and those Regulations, or that order, rule or by‑law, shall apply to it accordingly.\n\n  (3) Each award, order and determination in force or subsisting immediately prior to the commencement of this Act and made or given by any industrial authority having power to fix rates of pay or conditions of employment under any regulation under the National Security Act, shall remain in force or subsisting until revoked by competent authority.\n  (4) Each authority constituted or holding office and each person employed, immediately prior to the commencement of this Act:\n\n(a) under any provision of any Regulations under the National Security Act the title of which is specified in the First Schedule, if the Regulations having the same title as in force by virtue of this Act contain substantially the same provision; or\n\n(b) under any order, rule or by‑law made under any such provision, shall be deemed to be constituted, to hold office or to be employed, as the case may be, under the Regulations, order, rule or by‑law as in force by virtue of this Act.\n\n  (5) Any contract or agreement:\n\n(a) to which the Commonwealth, a Minister or any authority of the Commonwealth is a party;\n\n(b) which was subsisting immediately prior to the commencement of this Act; and\n\n(c) which was entered into under regulations made under the National Security Act, shall, subject to the next succeeding sub‑section, continue in full force and effect.\n\n  (6) 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.\n  (7) Where, immediately prior to the commencement of this Act, an authority of the Commonwealth constituted under any regulations under the National Security 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.\n  (8) Where, immediately prior to the commencement of this Act, property or assets were, under any regulations under the National Security Act, vested in an authority of the Commonwealth and that authority has ceased to exist, that property or those assets shall be deemed to be vested in the Commonwealth.\n\n##### 9 Power to amend or revoke orders\n\n  Any order, rule or by‑law in force by virtue of subsection (1) of the last preceding section may be amended or revoked by the authority having power under any regulations in force by virtue of this Act to make orders, rules or by‑laws with respect to the matter dealt with by that order, rule or by‑law.\n\n## Part III‑Amendment of Certain Acts \\[see Note 2\\]\n\n##### 10 Amendments of Acts\n\n  (1) The Acts specified in the first column of the Third Schedule are amended as respectively specified in the second column of that Schedule.\n  (2) Each Act specified in the first column of the Fourth Schedule, as amended by this Act, may be cited in the manner specified in the second column of that Schedule opposite to the reference to that Act in the first column.\n\n##### 11 Amendments of the Seamen’s War Pensions and Allowances Act\n\n  (1) The Seamen’s War Pensions and Allowances Act 1940 is in this section referred to as the Principal Act.\n  (2) The Principal Act, as amended by this section, may be cited as the Seamen’s War Pensions and Allowances Act 1940‑1946.\n\n  \n\n## Part IV‑Miscellaneous\n\n##### 13 War‑time compensation preservation\n\n  (1) In this section, the Regulations means the National Security (Civil Constructional Corps Compensation) Regulations, the National Security (Civil Defence Workers’ Compensation) Regulations and the National Security (War Injuries Compensation) Regulations, as in force immediately prior to the commencement of this Act.\n  (2) Notwithstanding that the Regulations ceased to have effect at midnight on the thirty‑first day of December, One thousand nine hundred and forty‑six (in this subsection referred to as “that time”):\n\n(a) any pension granted under the Regulations which is in force at that time, shall, subject to the provisions of the Regulations under which it was granted and the conditions under which it was granted, continue to be payable after that time;\n\n(b) any pension, or determination in relation to a pension, granted or made under the Regulations may, in accordance with the provisions of the Regulations under which it was granted or made, be reviewed after that time and any such pension or determination may be varied or cancelled or a new pension or determination may be granted or made;\n\n(c) where any right to make a claim for a pension under the Regulations has accrued before that time, the person entitled to make the claim may, within three months after that time, make a claim in accordance with the provisions of the Regulations under which the right accrued;\n\n(d) any claim made in accordance with the last preceding paragraph, and any claim, made under the Regulations prior to that time but not dealt with prior to that time, may, after that time, be considered and dealt with in the manner specified in the Regulations; and\n\n(e) any person or authority appointed, constituted or specified by or under the Regulations shall, for the purposes of paragraphs (a), (b), (c) and (d) of this subsection, continue to hold that appointment or to remain constituted or specified after that time, and shall have and may exercise all the powers and functions specified in the Regulations which are necessary to give effect to the provisions of paragraphs (a), (b), (c) and (d) of this subsection.\n\n  (3) For the purposes of the last preceding subsection, “pension” includes compensation of a periodical nature.\n\n##### 14 Provisions in respect of orders\n\n  (1) Sections forty‑eight and forty‑nine of the Acts Interpretation Act 1901‑1941 shall apply to orders, rules and by‑laws made under this Act or made under any regulation in force by virtue of this Act which are of a legislative and not of an executive character, in like manner as they apply to regulations.\n  (2) Orders, rules and by‑laws so made shall not be deemed to be Statutory Rules within the meaning of the Rules Publication Act 1903‑1939.\n  (3) The Acts Interpretation Act 1901‑1941 shall apply to the interpretation of all orders, rules or by‑laws so made in like manner as it applies to the interpretation of regulations, and, for the purpose of section forty‑six of that Act, as so applied, all such orders, rules and by‑laws shall be deemed to be regulations.\n\n##### 15 Trial of offences\n\n  (1) Any person who contravenes, or fails to comply with, any provision of any regulation in force by virtue of this Act, or of any order, rule or by‑law in force by virtue of this Act, or made under any such regulation, shall be guilty of an offence against this Act.\n  (2) An offence against this Act may be prosecuted either summarily or upon indictment, but an offender shall not be liable to be punished more than once in respect of the same offence.\n  (3) The punishment for an offence against this Act shall be:\n\n(a) if the offence is prosecuted summarily‑a fine not exceeding Two hundred dollars or imprisonment for a term not exceeding six months; or\n\n(b) if the offence is prosecuted upon indictment‑a fine not exceeding One thousand dollars or imprisonment for a term not exceeding two years.\n\n  (4) An offence against this Act shall not be prosecuted summarily without the written consent of the Attorney‑General, or a person thereto authorized in writing by the Attorney‑General or of the Director of Public Prosecutions, and an offence against this Act shall not be prosecuted on indictment except in the name of the Attorney‑General or the Director of Public Prosecutions.\n  (5) For the purpose of the trial of a person summarily or upon indictment for an offence against this Act, the offence shall be deemed to have been committed either at the place in which it was actually committed or at any place in which the person may be.\n  (6) In addition to any other punishment, a court may, if it thinks fit, order the forfeiture of any money or goods in respect of which an offence against this Act has been committed.\n\n##### 16 Offences by corporations\n\n  Where a person convicted of an offence against this Act is a body corporate, every person who, at the time of the commission of the offence, was a director or officer of the body corporate shall be deemed to be guilty of the offence, unless he proves that the offence was committed without his knowledge, or that he used all due diligence to prevent the commission of the offence.\n\n##### 17 Power to order recognizances\n\n  (1) When any person is convicted of an offence against this Act, the court before which he is convicted may, either in addition to or in lieu of any punishment provided for the offence, require him to enter into recognizances with or without sureties to comply with the provisions of the regulations, orders, rules or by‑laws in relation to which the offence was committed.\n  (2) If any person fails to comply with an order of the court requiring him to enter into recognizances, the court may order him to be imprisoned for any term not exceeding six months.\n\n##### 18 Delegation of powers under regulations\n\n  (1) A Minister may, in relation to any matters or class of matters, or in relation to any particular State or part of Australia, by writing under his hand, delegate all or any of his powers and functions under any regulation in force by virtue of this Act (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters, or the State or part of Australia, specified in the instrument of delegation.\n  (2) Every delegation under this section shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Minister.\n  (3) Where in any regulation in force by virtue of this Act the exercise of any power or function by a Minister, or the operation of any provision of that regulation, is dependent upon the opinion, belief or state of mind of a Minister in relation to any matter, that power or function may be exercised by the person to whom that power or function has been delegated by the Minister or that provision may operate, as the case may be, upon the opinion, belief or state of mind of that person in relation to that matter.\n  (4) Any delegation made by a Minister under the National Security Act which is in force immediately prior to the commencement of this Act and relates to the exercise of any power or function under any regulation in force by virtue of this Act shall continue in force as if made under this Act.\n\n##### 19 General preservation of rights, obligations etc.\n\n  The provisions of section eight of the Acts Interpretation Act 1901‑1941 shall apply in relation to the termination of the National Security Act 1939‑1946, and of any regulations made thereunder and of any orders, rules and by‑laws made under any such regulation, as if that termination were a repeal and any such regulation, order, rule or by‑law were an Act.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"War‑time compensation preservation","content":"##### 13 War‑time compensation preservation\n\n  (1) In this section, the Regulations means the National Security (Civil Constructional Corps Compensation) Regulations, the National Security (Civil Defence Workers’ Compensation) Regulations and the National Security (War Injuries Compensation) Regulations, as in force immediately prior to the commencement of this Act.\n  (2) Notwithstanding that the Regulations ceased to have effect at midnight on the thirty‑first day of December, One thousand nine hundred and forty‑six (in this subsection referred to as “that time”):\n\n(a) any pension granted under the Regulations which is in force at that time, shall, subject to the provisions of the Regulations under which it was granted and the conditions under which it was granted, continue to be payable after that time;\n\n(b) any pension, or determination in relation to a pension, granted or made under the Regulations may, in accordance with the provisions of the Regulations under which it was granted or made, be reviewed after that time and any such pension or determination may be varied or cancelled or a new pension or determination may be granted or made;\n\n(c) where any right to make a claim for a pension under the Regulations has accrued before that time, the person entitled to make the claim may, within three months after that time, make a claim in accordance with the provisions of the Regulations under which the right accrued;\n\n(d) any claim made in accordance with the last preceding paragraph, and any claim, made under the Regulations prior to that time but not dealt with prior to that time, may, after that time, be considered and dealt with in the manner specified in the Regulations; and\n\n(e) any person or authority appointed, constituted or specified by or under the Regulations shall, for the purposes of paragraphs (a), (b), (c) and (d) of this subsection, continue to hold that appointment or to remain constituted or specified after that time, and shall have and may exercise all the powers and functions specified in the Regulations which are necessary to give effect to the provisions of paragraphs (a), (b), (c) and (d) of this subsection.\n\n  (3) For the purposes of the last preceding subsection, “pension” includes compensation of a periodical nature.","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Provisions in respect of orders","content":"##### 14 Provisions in respect of orders\n\n  (1) Sections forty‑eight and forty‑nine of the Acts Interpretation Act 1901‑1941 shall apply to orders, rules and by‑laws made under this Act or made under any regulation in force by virtue of this Act which are of a legislative and not of an executive character, in like manner as they apply to regulations.\n  (2) Orders, rules and by‑laws so made shall not be deemed to be Statutory Rules within the meaning of the Rules Publication Act 1903‑1939.\n  (3) The Acts Interpretation Act 1901‑1941 shall apply to the interpretation of all orders, rules or by‑laws so made in like manner as it applies to the interpretation of regulations, and, for the purpose of section forty‑six of that Act, as so applied, all such orders, rules and by‑laws shall be deemed to be regulations.","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Trial of offences","content":"##### 15 Trial of offences\n\n  (1) Any person who contravenes, or fails to comply with, any provision of any regulation in force by virtue of this Act, or of any order, rule or by‑law in force by virtue of this Act, or made under any such regulation, shall be guilty of an offence against this Act.\n  (2) An offence against this Act may be prosecuted either summarily or upon indictment, but an offender shall not be liable to be punished more than once in respect of the same offence.\n  (3) The punishment for an offence against this Act shall be:\n\n(a) if the offence is prosecuted summarily‑a fine not exceeding Two hundred dollars or imprisonment for a term not exceeding six months; or\n\n(b) if the offence is prosecuted upon indictment‑a fine not exceeding One thousand dollars or imprisonment for a term not exceeding two years.\n\n  (4) An offence against this Act shall not be prosecuted summarily without the written consent of the Attorney‑General, or a person thereto authorized in writing by the Attorney‑General or of the Director of Public Prosecutions, and an offence against this Act shall not be prosecuted on indictment except in the name of the Attorney‑General or the Director of Public Prosecutions.\n  (5) For the purpose of the trial of a person summarily or upon indictment for an offence against this Act, the offence shall be deemed to have been committed either at the place in which it was actually committed or at any place in which the person may be.\n  (6) In addition to any other punishment, a court may, if it thinks fit, order the forfeiture of any money or goods in respect of which an offence against this Act has been committed.","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Offences by corporations","content":"##### 16 Offences by corporations\n\n  Where a person convicted of an offence against this Act is a body corporate, every person who, at the time of the commission of the offence, was a director or officer of the body corporate shall be deemed to be guilty of the offence, unless he proves that the offence was committed without his knowledge, or that he used all due diligence to prevent the commission of the offence.","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Power to order recognizances","content":"##### 17 Power to order recognizances\n\n  (1) When any person is convicted of an offence against this Act, the court before which he is convicted may, either in addition to or in lieu of any punishment provided for the offence, require him to enter into recognizances with or without sureties to comply with the provisions of the regulations, orders, rules or by‑laws in relation to which the offence was committed.\n  (2) If any person fails to comply with an order of the court requiring him to enter into recognizances, the court may order him to be imprisoned for any term not exceeding six months.","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Delegation of powers under regulations","content":"##### 18 Delegation of powers under regulations\n\n  (1) A Minister may, in relation to any matters or class of matters, or in relation to any particular State or part of Australia, by writing under his hand, delegate all or any of his powers and functions under any regulation in force by virtue of this Act (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters, or the State or part of Australia, specified in the instrument of delegation.\n  (2) Every delegation under this section shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Minister.\n  (3) Where in any regulation in force by virtue of this Act the exercise of any power or function by a Minister, or the operation of any provision of that regulation, is dependent upon the opinion, belief or state of mind of a Minister in relation to any matter, that power or function may be exercised by the person to whom that power or function has been delegated by the Minister or that provision may operate, as the case may be, upon the opinion, belief or state of mind of that person in relation to that matter.\n  (4) Any delegation made by a Minister under the National Security Act which is in force immediately prior to the commencement of this Act and relates to the exercise of any power or function under any regulation in force by virtue of this Act shall continue in force as if made under this Act.","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"General preservation of rights, obligations etc.","content":"##### 19 General preservation of rights, obligations etc.\n\n  The provisions of section eight of the Acts Interpretation Act 1901‑1941 shall apply in relation to the termination of the National Security Act 1939‑1946, and of any regulations made thereunder and of any orders, rules and by‑laws made under any such regulation, as if that termination were a repeal and any such regulation, order, rule or by‑law were an Act.","sortOrder":20},{"sectionNumber":"The Schedules","sectionType":"part","heading":"The Schedules","content":"# The Schedules\n\n# First Schedule \\[see Note 3\\]\n\nSection 6\n\n| First ColumnRegulations                                           | Second ColumnDepartment by which Administered                                       | Third ColumnAmendments                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       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|\n| National Security (Apple and Pear Acquisition) Regulations        | Commerce and Agriculture                                                            | Omit regulation 2Omit regulation 26, insert:“26. A person shall not furnish any return required to be furnished under these Regulations which is false in any particular.”Regulation 26B:After “National Security Act 1939”, insert “or the Defence (Transitional Provisions) Act 1946”                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   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                   | Commerce and Agriculture                                                            | Regulation 5:Omit from paragraph (a) “for the efficient prosecution of the war”                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  |\n| National Security (Capital Issues) Regulations                    | Treasury                                                                            | Omit regulation 2Regulation 3:Omit subregulation (1)Omit from subregulation (2) “Regulations so repealed”, insert “previous Regulations”Regulation 5:Omit definition of “the previous regulations”, insert “ ‘the previous Regulations’ means any regulations in force under the National Security Act 1939, or under that Act as amended, having the title ‘National Security (Capital Issues) Regulations’.”                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   |\n| National Security (Coal Mining Industry Employment) Regulations   | Labour and National Service                                                         |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  |\n| National Security (Disposal of Commonwealth Property) Regulations | Supply and Shipping                                                                 |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  |\n| National Security (Economic Organization) Regulations             | Treasury and (Part V) Labour and National Service                                   | Omit regulations 7 and 10AAfter regulation 22 add:“23. ValidationWhere, prior to the ninth day of February, 1945:(a) the Treasurer or a delegate of the Treasurer has, acting or purporting to act in pursuance of the National Security (Economic Organization) Regulations, given his consent to any transaction to which the Public Trustee or Public Curator or the Curator of Estates of Deceased Persons, or any similar authority, of any State or Territory of the Commonwealth (in this regulation referred to as ‘the Public Officer’) was a party;(b) the consent was given on the condition that the consideration for the transaction should not exceed an amount or value specified by the Treasurer or the delegate; and(c) the consideration obtained by the Public Officer was equal to that so specified,the Public Officer shall not be subject to any liability, civil or criminal, by reason only of the fact that a greater consideration could or might have been obtained by him in respect of the transaction.”                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         |\n| National Security (Evidence) Regulations                          | Attorney‑General                                                                    | Regulation 18:Omit “made in pursuance of power given by any regulation under the National Security Act 1939‑1943”, insert “in force by virtue of the Defence (Transitional Provisions) Act 1946”Regulation 19:Omit “under the National Security Act 1939‑1943, or of any order, rule or by‑law under any such regulation”, insert “, order, rule or by‑law in force by virtue of the Defence (Transitional Provisions) Act 1946”Omit the proviso                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 |\n| Regulations 2 and 3 of Statutory Rules 1945, No. 205              | External Territories                                                                |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  |\n| National Security (Food Control) Regulations                      | Commerce and Agriculture                                                            | Omit regulation 3Regulation 9:Omit from subregulation (1) “growing, production, manufacture, processing,” and “grown, produced, manufactured, processed,” (wherever occurring)Omit regulation 15                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 |\n| National Security (General) Regulations                           | Administered by Departments appropriate to subject matter of individual regulations | Omit all regulations except the following regulations and amend the last‑mentioned regulations as specified hereunder:‑ 1, 23:Omit definition of “the Act”11:Omit all subregulations except subregulation (3A)25:Omit subregulation (1), insert:“(1) Each order under regulation 25 of the National Security (General) Regulations as in force prior to the first day of January, 1947, and subsisting immediately prior to that date shall, unless sooner revoked by a Minister, by order, be in force until the prescribed time and no longer.”Omit from subregulation (2) “made under”, insert “in force by virtue of”Omit subregulations (3) and (4)26:Omit subregulations (1) and (1A),insert“(1) Where an order for the detention of any person made under regulation 26 of the National Security (General) Regulations as in force prior to the first day of January, 1947, was subsisting immediately prior to that date, the person to whom the order relates shall be detained in accordance with the National Security (Internment Camps) Regulations as in force by virtue of the Defence (Transitional Provisions) Act 1946 and all constables and Commonwealth officers shall take such action as is necessary to give effect to the order.”Omit subregulations (2) to (9)inclusive31A:Omit from subregulation (2)“After the expiration of seven days from the date of commencement of this regulation, a”, insert “A” 3754:Omit subregulations (1) and (2), insert“(2) Where, in pursuance of subregulation (1) of regulation 54 of the National Security (General) Regulations, as in force prior to the first day of January, 1947, possession had been taken of any land and that land was, immediately prior to that date, in the possession of the Commonwealth or of any person or authority on behalf of the Commonwealth, the possession of that land may, subject to termination by a Minister, be continued and any order, authorization or direction made or given in relation to that land shall continue to have effect.”55AA and 55A:After “Regulations” (wherever occurring), insert “(as in force prior to the first day of January, 1947)”57:Omit subregulations (1), (1A), (1B) and (3)Add the following subregulation:“(10) Any reference in this regulation to an order or to a requisition in pursuance of an order shall be deemed to refer to an order or requisition made and effected under this regulation as in force prior to the first day of January, 1947.”60B:Omit from paragraph (a) “Army”, insert “Interior”60C60D:After “subregulations” (last occurring) in subregulation (1), insert “, while those regulations and subregulations were in force,”Omit from subregulation (1) “within one month after the commencement of this regulation, or, if the thing is done after the commencement of this regulation, within two months after the doing of the thing on which the claim is based, or, in either case,” insert “within two months after the doing of the thing on which the claim is based, or,”60E to 60G (inclusive)60J to 60M (inclusive)66:Omit from subregulation (1) “or the efficient prosecution of the war” insert after “carriage” in paragraph (b) of subregulation (1), “, stacking or storage”69A:Omit subregulations (2), (3) and (4)73:Omit from paragraph (a) “made under the Act”, insert “or order in force by virtue of the Defence (Transitional Provisions) Act 1946”84:Omit from subregulations (1) and (2) “a war offence” (wherever occurring), insert “an offence against the National Security Act 1939‑1946 or the Defence (Transitional Provisions) Act 1946”Omit from subregulation (5) “public safety, the defence of the Commonwealth or the efficient prosecution of the war”, insert “security or defence of the Commonwealth”8788:Omit “under the Act”, insert “in force by virtue of the Defence (Transitional Provisions) Act 1946”Omit “seventeen of the Act”, insert “twenty of that Act”91:Omit from subregulation (1) “Act”, insert “National Security Act 1939‑1946 or the Defence (Transitional Provisions) Act 1946”Omit subregulations (2), (3) and (4) |\n| National Security (Hide and Leather Industries) Regulations       | Commerce and Agriculture                                                            | Omit regulations 2 and 3                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         |\n| National Security (Industrial Peace) Regulations                  | Labour and National Service                                                         | Regulation 9A:Omit “the National Security Act 1939‑1940”, insert “or in force by virtue of the Defence (Transitional Provisions) Act 1946”Regulation 9C:Omit subregulation (2)Regulation 16AA:Omit “(Statutory Rules 1941, No. 25, as amended for the time being)”                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               |\n| National Security (Industrial Property) Regulations               | Attorney‑General                                                                    | Omit regulations 3 and 8                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         |\n| National Security (Maritime Industry) Regulations                 | Supply and Shipping                                                                 | Regulation 2:Omit “during the present war”Omit regulation 10                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     |\n| National Security (Medical Benefits for Seamen) Regulations       | Supply and Shipping                                                                 | Omit regulation 3                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                |\n| National Security (Rationing) Regulations                         | Trade and Customs                                                                   | Omit regulation 3Regulation 25:Omit from subregulation (1) “, or the National Security (Emergency Supplies) Regulations”Omit regulation 28G                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      |\n| National Security (Shipping Co‑ordination) Regulations            | Supply and Shipping                                                                 | Omit regulation 2Regulation 4:Omit “Part VII‑Cargo Protection.”Omit regulations 13, 14 and 55Omit Part VII                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       |\n| National Security (Staff of Wartime Authorities) Regulations      | Commerce and Agriculture                                                            | Second Schedule:Omit “Field Peas Board.”, “Vegetable Seeds Committee.”Omit Ninth and Tenth Schedules                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             |\n| National Security (Supplementary) Regulations                     | Administered by Departments appropriate to subject matter of individual regulations | Omit all regulations except the following regulations and amend the last‑mentioned regulations as specified hereunder: 1, 3, 4, 11, 14Regulation 16:Omit from subregulation (1) “by or under any regulations made under the National Security Act 1939 or under that Act as amended”, insert “, or deemed to be constituted, by or under any regulations in force under the Defence (Transitional Provisions) Act 1946”18, 33, 38, 47, 49, 52, 57, 58Regulation 62:Omit “in pursuance of the last preceding regulation” (wherever occurring), insert “in any order in force by virtue of the Defence (Transitional Provisions) Act 1946 whereby the assumption or use of that word or group is prohibited”Regulation 63:Subregulation (6):At the end of paragraph (c) insert “or”At the end of paragraph (d), omit “or”Omit paragraph (e)65, 80, 9091:Omit subregulations (3) and (4), insert the following subregulation:“(4) Where any person in respect of whom notice was given under subregulation (3) of regulation 91 of the National Security (Supplementary) Regulations, as in force prior to the first day of January, 1947, receives any amount referred to in that sub‑regulation, he shall forthwith pay it into the trust account opened in pursuance of that sub‑regulation.”94, 96Regulation 100:After “amended” in paragraph (a) of subregulation (3), insert “, or under the Defence (Transitional Provisions) Act 1946”Omit from paragraph (b) of subregulation (3) “that Act or under that Act as amended”, insert “or in force by virtue of either of those Acts”105, 112Regulation 116:Omit from subregulation (2) all words after “made” (second occurring), insert “in force by virtue of the Defence (Transitional Provisions) Act 1946 and includes any orders in force by virtue of that Act or made under any such regulations”120, 128, 129133:Omit from subregulation (1) “made under the National Security Act 1939, or under that Act as amended”, insert “in force by virtue of the Defence (Transitional Provisions) Act 1946”134136:Omit from subregulation (1) “made under the National Security Act 1939, or under that Act as amended”, insert “in force by virtue of the Defence (Transitional Provisions) Act 1946”139, 142                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             |\n| National Security (Tea Control) Regulations                       | Trade and Customs                                                                   | Regulation 9:Omit from subregulation (1) “the National Security (Emergency Supplies) Regulations and to”                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         |\n| National Security (War Deaths) Regulations                        | Attorney‑General                                                                    | Regulation 3:Omit sub‑regulation (1)Omit from subregulation (2) “the regulation repealed by this regulation”, insert “regulation 25 of the National Security (Supplementary) Regulations”                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        |\n| National Security (War Service Moratorium) Regulations            | Attorney‑General                                                                    | Omit regulation 3, insert:“3. (1) Nothing in these Regulations Saving. shall affect the operation of any order of a court made in pursuance of the previous Regulations and, where leave has been given to any person under the previous Regulations to do, or to continue or complete the doing of, any act, that person may, notwithstanding anything contained in these Regulations, do, or continue or complete the doing of, that act accordingly.“(2) Any notice given under the previous Regulations which could have been given under these Regulations if they had been in force when the notice was given shall have the same effect as if these Regulations had been so in force and the notice had been given under these Regulations.“(3) A certificate issued under the previous Regulations shall have the same effect as if it had been issued under these Regulations.”Regulation 4:Omit “Part II‑Provisions relating to Mortgages and Agreements for the Purchase of Land.Part III‑Prohibition of Suspension of Proceedings.”Regulation 5:Omit the definition of “the previous Regulations”, insert “ ‘the previous Regulations’ means any Regulations in force under the National Security Act 1939, or under that Act as amended, having the title ‘National Security (War Service Moratorium) Regulations’;”Omit Parts II and IIIOmit regulations 34, 34A, 35 and 36                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        |\n\n# Second Schedule \\[see Note 4\\]\n\nSection 7\n\n| First ColumnTitle or Description of Orders.                        | Second ColumnRegulations under which Orders made.                              | Third ColumnDepartment by which Administered | Fourth ColumnAmendments                                                                                                                                                                                                                                                                                                                      |\n| ------------------------------------------------------------------ | ------------------------------------------------------------------------------ | -------------------------------------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| Control of Tinplate Order                                          | Regulation 59 of the National Security (General) Regulations                   | Supply and Shipping                          |                                                                                                                                                                                                                                                                                                                                              |\n| Cordage and Fibre Order                                            | Regulation 59 of the National Security (General) Regulations                   | Supply and Shipping                          | Paragraph 4:Omit subparagraphs (1) and (2)Omit from subparagraph (3) “after the date this Order is notified in the Gazette”Paragraph 5:Omit “On and after the fifteenth day of April One thousand nine hundred and forty‑four a”, insert “A”                                                                                                 |\n| Jute Goods Order                                                   | Regulation 59 of the National Security (General) Regulations                   | Supply and Shipping                          |                                                                                                                                                                                                                                                                                                                                              |\n| Control of New Commercial Motor Vehicles Order                     |                                                                                |                                              |                                                                                                                                                                                                                                                                                                                                              |\n| Control of New Motor Cars Order                                    | National Security (Land Transport) Regulations                                 | Transport                                    | Omit from paragraph 2 of each Order the definition of “prescribed transport authority”, insert “‘prescribed transport authority’ means a person or body of persons authorized in writing by the Minister to act under this Order.” Add at the end of subparagraph (1) of paragraph 4 of each Order “or by a prescribed transport authority.” |\n| Orders under regulation 61 of the National Security Supplementary) | Regulations Regulation 61 of the National Security (Supplementary) Regulations | Attorney‑General                             |                                                                                                                                                                                                                                                                                                                                              |\n\n# Third Schedule \\[see Note 5\\]\n\nSection 10(1)\n\n# Fourth Schedule \\[see Note 6\\]\n\nSection 10(2)\n\n| First ColumnActs Amended                                               | Second ColumnCitations                                                 |\n| ---------------------------------------------------------------------- | ---------------------------------------------------------------------- |\n| Black Marketing Act 1942                                               | Black Marketing Act 1942‑1946                                          |\n| Crimes Act 1914‑1941                                                   | Crimes Act 1914‑1946                                                   |\n| Papua‑New Guinea Provisional Administration Act 1945                   | Papua‑New Guinea Provisional Administration Act 1945‑1946              |\n| Patents, Trade Marks, Designs and Copyright (War Powers) Act 1939‑1940 | Patents, Trade Marks, Designs and Copyright (War Powers) Act 1939‑1946 |\n| Post and Telegraph Act 1901‑1934                                       | Post and Telegraph Act 1901‑1946                                       |\n| Wool Realization Act 1945                                              | Wool Realization Act 1945‑1946                                         |","sortOrder":21},{"sectionNumber":"First Schedule [see Note 3]","sectionType":"part","heading":"First Schedule [see Note 3]","content":"# First Schedule \\[see Note 3\\]\n\nSection 6\n\n| First ColumnRegulations                                           | Second ColumnDepartment by which Administered                                       | Third ColumnAmendments                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         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|\n| National Security (Apple and Pear Acquisition) Regulations        | Commerce and Agriculture                                                            | Omit regulation 2Omit regulation 26, insert:“26. A person shall not furnish any return required to be furnished under these Regulations which is false in any particular.”Regulation 26B:After “National Security Act 1939”, insert “or the Defence (Transitional Provisions) Act 1946”                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          |\n| National Security (Beef Shortage) Regulations                     | Commerce and Agriculture                                                            | Regulation 5:Omit from paragraph (a) “for the efficient prosecution of the war”                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  |\n| National Security (Capital Issues) Regulations                    | Treasury                                                                            | Omit regulation 2Regulation 3:Omit subregulation (1)Omit from subregulation (2) “Regulations so repealed”, insert “previous Regulations”Regulation 5:Omit definition of “the previous regulations”, insert “ ‘the previous Regulations’ means any regulations in force under the National Security Act 1939, or under that Act as amended, having the title ‘National Security (Capital Issues) Regulations’.”                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   |\n| National Security (Coal Mining Industry Employment) Regulations   | Labour and National Service                                                         |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  |\n| National Security (Disposal of Commonwealth Property) Regulations | Supply and Shipping                                                                 |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  |\n| National Security (Economic Organization) Regulations             | Treasury and (Part V) Labour and National Service                                   | Omit regulations 7 and 10AAfter regulation 22 add:“23. ValidationWhere, prior to the ninth day of February, 1945:(a) the Treasurer or a delegate of the Treasurer has, acting or purporting to act in pursuance of the National Security (Economic Organization) Regulations, given his consent to any transaction to which the Public Trustee or Public Curator or the Curator of Estates of Deceased Persons, or any similar authority, of any State or Territory of the Commonwealth (in this regulation referred to as ‘the Public Officer’) was a party;(b) the consent was given on the condition that the consideration for the transaction should not exceed an amount or value specified by the Treasurer or the delegate; and(c) the consideration obtained by the Public Officer was equal to that so specified,the Public Officer shall not be subject to any liability, civil or criminal, by reason only of the fact that a greater consideration could or might have been obtained by him in respect of the transaction.”                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         |\n| National Security (Evidence) Regulations                          | Attorney‑General                                                                    | Regulation 18:Omit “made in pursuance of power given by any regulation under the National Security Act 1939‑1943”, insert “in force by virtue of the Defence (Transitional Provisions) Act 1946”Regulation 19:Omit “under the National Security Act 1939‑1943, or of any order, rule or by‑law under any such regulation”, insert “, order, rule or by‑law in force by virtue of the Defence (Transitional Provisions) Act 1946”Omit the proviso                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 |\n| Regulations 2 and 3 of Statutory Rules 1945, No. 205              | External Territories                                                                |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  |\n| National Security (Food Control) Regulations                      | Commerce and Agriculture                                                            | Omit regulation 3Regulation 9:Omit from subregulation (1) “growing, production, manufacture, processing,” and “grown, produced, manufactured, processed,” (wherever occurring)Omit regulation 15                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 |\n| National Security (General) Regulations                           | Administered by Departments appropriate to subject matter of individual regulations | Omit all regulations except the following regulations and amend the last‑mentioned regulations as specified hereunder:‑ 1, 23:Omit definition of “the Act”11:Omit all subregulations except subregulation (3A)25:Omit subregulation (1), insert:“(1) Each order under regulation 25 of the National Security (General) Regulations as in force prior to the first day of January, 1947, and subsisting immediately prior to that date shall, unless sooner revoked by a Minister, by order, be in force until the prescribed time and no longer.”Omit from subregulation (2) “made under”, insert “in force by virtue of”Omit subregulations (3) and (4)26:Omit subregulations (1) and (1A),insert“(1) Where an order for the detention of any person made under regulation 26 of the National Security (General) Regulations as in force prior to the first day of January, 1947, was subsisting immediately prior to that date, the person to whom the order relates shall be detained in accordance with the National Security (Internment Camps) Regulations as in force by virtue of the Defence (Transitional Provisions) Act 1946 and all constables and Commonwealth officers shall take such action as is necessary to give effect to the order.”Omit subregulations (2) to (9)inclusive31A:Omit from subregulation (2)“After the expiration of seven days from the date of commencement of this regulation, a”, insert “A” 3754:Omit subregulations (1) and (2), insert“(2) Where, in pursuance of subregulation (1) of regulation 54 of the National Security (General) Regulations, as in force prior to the first day of January, 1947, possession had been taken of any land and that land was, immediately prior to that date, in the possession of the Commonwealth or of any person or authority on behalf of the Commonwealth, the possession of that land may, subject to termination by a Minister, be continued and any order, authorization or direction made or given in relation to that land shall continue to have effect.”55AA and 55A:After “Regulations” (wherever occurring), insert “(as in force prior to the first day of January, 1947)”57:Omit subregulations (1), (1A), (1B) and (3)Add the following subregulation:“(10) Any reference in this regulation to an order or to a requisition in pursuance of an order shall be deemed to refer to an order or requisition made and effected under this regulation as in force prior to the first day of January, 1947.”60B:Omit from paragraph (a) “Army”, insert “Interior”60C60D:After “subregulations” (last occurring) in subregulation (1), insert “, while those regulations and subregulations were in force,”Omit from subregulation (1) “within one month after the commencement of this regulation, or, if the thing is done after the commencement of this regulation, within two months after the doing of the thing on which the claim is based, or, in either case,” insert “within two months after the doing of the thing on which the claim is based, or,”60E to 60G (inclusive)60J to 60M (inclusive)66:Omit from subregulation (1) “or the efficient prosecution of the war” insert after “carriage” in paragraph (b) of subregulation (1), “, stacking or storage”69A:Omit subregulations (2), (3) and (4)73:Omit from paragraph (a) “made under the Act”, insert “or order in force by virtue of the Defence (Transitional Provisions) Act 1946”84:Omit from subregulations (1) and (2) “a war offence” (wherever occurring), insert “an offence against the National Security Act 1939‑1946 or the Defence (Transitional Provisions) Act 1946”Omit from subregulation (5) “public safety, the defence of the Commonwealth or the efficient prosecution of the war”, insert “security or defence of the Commonwealth”8788:Omit “under the Act”, insert “in force by virtue of the Defence (Transitional Provisions) Act 1946”Omit “seventeen of the Act”, insert “twenty of that Act”91:Omit from subregulation (1) “Act”, insert “National Security Act 1939‑1946 or the Defence (Transitional Provisions) Act 1946”Omit subregulations (2), (3) and (4) |\n| National Security (Hide and Leather Industries) Regulations       | Commerce and Agriculture                                                            | Omit regulations 2 and 3                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         |\n| National Security (Industrial Peace) Regulations                  | Labour and National Service                                                         | Regulation 9A:Omit “the National Security Act 1939‑1940”, insert “or in force by virtue of the Defence (Transitional Provisions) Act 1946”Regulation 9C:Omit subregulation (2)Regulation 16AA:Omit “(Statutory Rules 1941, No. 25, as amended for the time being)”                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               |\n| National Security (Industrial Property) Regulations               | Attorney‑General                                                                    | Omit regulations 3 and 8                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         |\n| National Security (Maritime Industry) Regulations                 | Supply and Shipping                                                                 | Regulation 2:Omit “during the present war”Omit regulation 10                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     |\n| National Security (Medical Benefits for Seamen) Regulations       | Supply and Shipping                                                                 | Omit regulation 3                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                |\n| National Security (Rationing) Regulations                         | Trade and Customs                                                                   | Omit regulation 3Regulation 25:Omit from subregulation (1) “, or the National Security (Emergency Supplies) Regulations”Omit regulation 28G                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      |\n| National Security (Shipping Co‑ordination) Regulations            | Supply and Shipping                                                                 | Omit regulation 2Regulation 4:Omit “Part VII‑Cargo Protection.”Omit regulations 13, 14 and 55Omit Part VII                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       |\n| National Security (Staff of Wartime Authorities) Regulations      | Commerce and Agriculture                                                            | Second Schedule:Omit “Field Peas Board.”, “Vegetable Seeds Committee.”Omit Ninth and Tenth Schedules                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             |\n| National Security (Supplementary) Regulations                     | Administered by Departments appropriate to subject matter of individual regulations | Omit all regulations except the following regulations and amend the last‑mentioned regulations as specified hereunder: 1, 3, 4, 11, 14Regulation 16:Omit from subregulation (1) “by or under any regulations made under the National Security Act 1939 or under that Act as amended”, insert “, or deemed to be constituted, by or under any regulations in force under the Defence (Transitional Provisions) Act 1946”18, 33, 38, 47, 49, 52, 57, 58Regulation 62:Omit “in pursuance of the last preceding regulation” (wherever occurring), insert “in any order in force by virtue of the Defence (Transitional Provisions) Act 1946 whereby the assumption or use of that word or group is prohibited”Regulation 63:Subregulation (6):At the end of paragraph (c) insert “or”At the end of paragraph (d), omit “or”Omit paragraph (e)65, 80, 9091:Omit subregulations (3) and (4), insert the following subregulation:“(4) Where any person in respect of whom notice was given under subregulation (3) of regulation 91 of the National Security (Supplementary) Regulations, as in force prior to the first day of January, 1947, receives any amount referred to in that sub‑regulation, he shall forthwith pay it into the trust account opened in pursuance of that sub‑regulation.”94, 96Regulation 100:After “amended” in paragraph (a) of subregulation (3), insert “, or under the Defence (Transitional Provisions) Act 1946”Omit from paragraph (b) of subregulation (3) “that Act or under that Act as amended”, insert “or in force by virtue of either of those Acts”105, 112Regulation 116:Omit from subregulation (2) all words after “made” (second occurring), insert “in force by virtue of the Defence (Transitional Provisions) Act 1946 and includes any orders in force by virtue of that Act or made under any such regulations”120, 128, 129133:Omit from subregulation (1) “made under the National Security Act 1939, or under that Act as amended”, insert “in force by virtue of the Defence (Transitional Provisions) Act 1946”134136:Omit from subregulation (1) “made under the National Security Act 1939, or under that Act as amended”, insert “in force by virtue of the Defence (Transitional Provisions) Act 1946”139, 142                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             |\n| National Security (Tea Control) Regulations                       | Trade and Customs                                                                   | Regulation 9:Omit from subregulation (1) “the National Security (Emergency Supplies) Regulations and to”                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         |\n| National Security (War Deaths) Regulations                        | Attorney‑General                                                                    | Regulation 3:Omit sub‑regulation (1)Omit from subregulation (2) “the regulation repealed by this regulation”, insert “regulation 25 of the National Security (Supplementary) Regulations”                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        |\n| National Security (War Service Moratorium) Regulations            | Attorney‑General                                                                    | Omit regulation 3, insert:“3. (1) Nothing in these Regulations Saving. shall affect the operation of any order of a court made in pursuance of the previous Regulations and, where leave has been given to any person under the previous Regulations to do, or to continue or complete the doing of, any act, that person may, notwithstanding anything contained in these Regulations, do, or continue or complete the doing of, that act accordingly.“(2) Any notice given under the previous Regulations which could have been given under these Regulations if they had been in force when the notice was given shall have the same effect as if these Regulations had been so in force and the notice had been given under these Regulations.“(3) A certificate issued under the previous Regulations shall have the same effect as if it had been issued under these Regulations.”Regulation 4:Omit “Part II‑Provisions relating to Mortgages and Agreements for the Purchase of Land.Part III‑Prohibition of Suspension of Proceedings.”Regulation 5:Omit the definition of “the previous Regulations”, insert “ ‘the previous Regulations’ means any Regulations in force under the National Security Act 1939, or under that Act as amended, having the title ‘National Security (War Service Moratorium) Regulations’;”Omit Parts II and IIIOmit regulations 34, 34A, 35 and 36                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        |","sortOrder":22},{"sectionNumber":"Second Schedule [see Note 4]","sectionType":"part","heading":"Second Schedule [see Note 4]","content":"# Second Schedule \\[see Note 4\\]\n\nSection 7\n\n| First ColumnTitle or Description of Orders.                        | Second ColumnRegulations under which Orders made.                              | Third ColumnDepartment by which Administered | Fourth ColumnAmendments                                                                                                                                                                                                                                                                                                                      |\n| ------------------------------------------------------------------ | ------------------------------------------------------------------------------ | -------------------------------------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| Control of Tinplate Order                                          | Regulation 59 of the National Security (General) Regulations                   | Supply and Shipping                          |                                                                                                                                                                                                                                                                                                                                              |\n| Cordage and Fibre Order                                            | Regulation 59 of the National Security (General) Regulations                   | Supply and Shipping                          | Paragraph 4:Omit subparagraphs (1) and (2)Omit from subparagraph (3) “after the date this Order is notified in the Gazette”Paragraph 5:Omit “On and after the fifteenth day of April One thousand nine hundred and forty‑four a”, insert “A”                                                                                                 |\n| Jute Goods Order                                                   | Regulation 59 of the National Security (General) Regulations                   | Supply and Shipping                          |                                                                                                                                                                                                                                                                                                                                              |\n| Control of New Commercial Motor Vehicles Order                     |                                                                                |                                              |                                                                                                                                                                                                                                                                                                                                              |\n| Control of New Motor Cars Order                                    | National Security (Land Transport) Regulations                                 | Transport                                    | Omit from paragraph 2 of each Order the definition of “prescribed transport authority”, insert “‘prescribed transport authority’ means a person or body of persons authorized in writing by the Minister to act under this Order.” Add at the end of subparagraph (1) of paragraph 4 of each Order “or by a prescribed transport authority.” |\n| Orders under regulation 61 of the National Security Supplementary) | Regulations Regulation 61 of the National Security (Supplementary) Regulations | Attorney‑General                             |                                                                                                                                                                                                                                                                                                                                              |","sortOrder":23},{"sectionNumber":"Third Schedule [see Note 5]","sectionType":"part","heading":"Third Schedule [see Note 5]","content":"# Third Schedule \\[see Note 5\\]\n\nSection 10(1)","sortOrder":24},{"sectionNumber":"Fourth Schedule [see Note 6]","sectionType":"part","heading":"Fourth Schedule [see Note 6]","content":"# Fourth Schedule \\[see Note 6\\]\n\nSection 10(2)\n\n| First ColumnActs Amended                                               | Second ColumnCitations                                                 |\n| ---------------------------------------------------------------------- | ---------------------------------------------------------------------- |\n| Black Marketing Act 1942                                               | Black Marketing Act 1942‑1946                                          |\n| Crimes Act 1914‑1941                                                   | Crimes Act 1914‑1946                                                   |\n| Papua‑New Guinea Provisional Administration Act 1945                   | Papua‑New Guinea Provisional Administration Act 1945‑1946              |\n| Patents, Trade Marks, Designs and Copyright (War Powers) Act 1939‑1940 | Patents, Trade Marks, Designs and Copyright (War Powers) Act 1939‑1946 |\n| Post and Telegraph Act 1901‑1934                                       | Post and Telegraph Act 1901‑1946                                       |\n| Wool Realization Act 1945                                              | Wool Realization Act 1945‑1946                                         |","sortOrder":25}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"This Act stayed firmly within its original purpose throughout. It was always conceived as a finite transitional mechanism — a legal bridge between the emergency wartime regime and normal peacetime law — and that is precisely what it does. It preserves, modifies, and winds down wartime instruments rather than creating new or expanded powers. The sunset deadline of 31 December 1952 was baked in from the start. The 1973 citation update reflected in the short title is a minor administrative change, not a substantive expansion of scope. There is no evidence in the text of mission creep or use as a vehicle to introduce new regulatory regimes unrelated to the post-war transition."},"complexity_factors":["Heavy reliance on external instruments: the Act's substantive effect depends almost entirely on reading it alongside the First and Second Schedules (which list and amend 20+ sets of wartime regulations) and the now-omitted Third Schedule","Multiple layered savings provisions in section 8, with eight distinct subsections each addressing a different category of pre-existing legal instrument (orders, rules, contracts, proceedings, property, personnel, awards)","Conditional logic throughout: provisions only apply 'if the Regulations having the same title as in force by virtue of this Act contain substantially the same provision' — requiring comparison between two sets of instruments","Cross-references to multiple Acts: Acts Interpretation Act 1901-1941 (sections 8, 46, 48, 49), Rules Publication Act 1903-1939, National Security Act 1939-1946, and various scheduled Acts","Time-sensitive and now historically obscure sunset mechanism: the 'prescribed time' (31 December 1952) and the pre-commencement cut-off dates (1 January 1947, 31 December 1946) create multiple temporal conditions that must be tracked across provisions","Dual prosecution regime in section 15: offences can be tried either summarily or on indictment with different penalties, requiring Attorney-General or Director of Public Prosecutions consent thresholds","First Schedule contains dense, regulation-by-regulation amendments to 20 sets of existing wartime regulations — essentially embedding a micro-amending statute within a schedule","Corporate officer liability provision (section 16) inverts the normal burden of proof, requiring directors to prove innocence rather than the prosecution proving guilt","Delegation provisions in section 18 include a complex opinion/belief/state-of-mind carryover mechanism for ministerial powers","Significant structural repetition in the document itself (sections and schedules appear to be duplicated multiple times), adding to navigational difficulty"],"plain_english_summary":"## Defence (Transitional Provisions) Act 1946 — Plain English Summary\n\n### What is this law about?\n\nThis Act is Australia's legal \"bridge\" from wartime back to peacetime. When World War II ended, the Commonwealth had been running the country under sweeping emergency powers granted by the **National Security Act 1939** — a wartime law that allowed the government to make regulations (rules with the force of law) controlling almost every aspect of Australian life: food, shipping, employment, capital investment, property, rationing, and more. When the war ended and the National Security Act expired, the government couldn't just switch everything off overnight — contracts existed, pensions were being paid, people were employed under wartime rules, and court cases were ongoing. This Act manages that wind-down in an orderly way.\n\n### Who does it affect?\n\nBroadly, **anyone whose rights, obligations, or arrangements existed under wartime regulations**, including:\n- **Workers and employers** covered by wartime employment rules (e.g. coal mining, maritime industry)\n- **Businesses** subject to wartime controls on goods like food, rationing, tinplate, motor vehicles, shipping, and capital investment\n- **Injured workers and civilians** receiving war-related compensation or pensions (e.g. civil defence workers, construction corps members, war injury claimants)\n- **Commonwealth agencies and authorities** that were created under wartime rules and had contracts, property, or legal proceedings\n- **Seamen** covered by medical benefits and war pension arrangements\n\n### What does it actually do?\n\nThe Act has four main jobs:\n\n1. **Keeps certain wartime regulations alive temporarily.** A long list of National Security regulations (set out in the First Schedule) were kept in force — with some modifications to strip out war-specific language — until the end of 1952 at the latest (\"the prescribed time\"). This gave industries, workers, and businesses time to transition to normal peacetime laws.\n\n2. **Preserves existing rights and instruments.** Any licence, permit, certificate, contract, court order, or industrial award that existed under the old wartime rules is treated as still valid — just as if it had been made under the new transitional regulations. If a government body that held a contract or owned property no longer existed, the Commonwealth itself stepped in as the substitute party.\n\n3. **Protects war compensation payments.** Even though the war compensation regulations technically expired at the end of 1946, any pension already being paid kept flowing. People who had earned the right to claim a pension but hadn't yet done so were given three months to lodge their claim. Claims already lodged but not decided were still processed.\n\n4. **Amends a handful of other Acts** to update their citations and make minor consequential changes needed for the transition (e.g. the Crimes Act, the Black Marketing Act, the Post and Telegraph Act).\n\n### Key rules and penalties\n\n- Breaking any transitional regulation is an offence punishable by up to **$200 fine or 6 months imprisonment** (for minor matters dealt with quickly) or up to **$1,000 fine or 2 years imprisonment** (for more serious matters tried before a jury — called \"on indictment\").\n- **Company directors and officers** can be held personally responsible for offences committed by their company, unless they can prove they didn't know about it or took all reasonable steps to prevent it.\n- Courts can also order the **forfeiture** (permanent loss) of money or goods connected to an offence.\n\n### Why does it matter?\n\nThis Act is a classic example of post-emergency \"sunset\" legislation — law designed not to create new permanent powers, but to ensure a smooth, fair, and legally certain unwinding of extraordinary wartime controls. Without it, thousands of contracts, pensions, licences, and employment arrangements could have been left in legal limbo the moment the National Security Act expired."},"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"Preamble","severity":"medium","reasoning":"The Act commences 1 January 1947 per s.2. Both Germany and Japan had formally surrendered in 1945. The Preamble's assertion of a continuing state of war was factually incorrect at commencement, undermining the constitutional and practical justification for the Act's wartime emergency framing. While the formal legal state of war may have persisted pending peace treaties (particularly with Japan, where the Treaty of San Francisco was not signed until 1951), the claim sits in serious tension with the Act's own purpose of transitioning away from war conditions.","confidence":0.82,"description":"The Preamble solemnly declares that 'a state of war still exists between His Majesty and Germany, Japan and other countries,' yet the Act is titled a transitional provision moving Australia from war to peace. Germany surrendered on 8 May 1945 and Japan on 2 September 1945 — both more than a year before this Act commenced on 1 January 1947. The foundational factual premise of the legislation was historically false before the Act even came into force."},{"type":"other","section":"Section 1 (Short Title)","severity":"low","reasoning":"This is a standard Australian legislative consolidation practice where short titles are updated to reflect the year of the last amending Act. However, taken literally, an Act passed in 1946 purporting from its own text to be cited with a 1973 suffix is logically absurd — a 1946 Act cannot, on its face, reference a year 27 years in its future. It is an amusing artifact of the consolidation process rather than a genuine drafting flaw.","confidence":0.75,"description":"The Act is titled the 'Defence (Transitional Provisions) Act 1946' in its heading, but s.1 directs that it may be cited as the 'Defence (Transitional Provisions) Act 1946‑1973'. The year 1973 is incorporated into the short title of a 1946 Act, meaning the Act itself purports to cite a year that did not yet exist at the time of enactment. This is a citation of future amendments baked into the original text — the 1973 citation was inserted by later amendment but now appears in the Act as if it were always there, creating temporal absurdity on the face of the instrument."},{"type":"other","section":"Section 13(2)","severity":"low","reasoning":"This is intentional legislative design — the compensation regulations expired at midnight 31 December 1946, and the Act commenced 1 January 1947, with s.13 immediately preserving those expired rights. However, it produces the logical curiosity that the Act's core protective purpose is triggered before it legally exists. In practice this works, but it highlights the razor-thin temporal gap that could have left claimants in legal limbo.","confidence":0.7,"description":"Section 13(2) preserves rights and obligations under Regulations that 'ceased to have effect at midnight on the thirty-first day of December, One thousand nine hundred and forty-six' — i.e., the day before this Act commenced (1 January 1947 per s.2). The Act therefore purports to preserve, from its very first moment of operation, the consequences of regulations that expired the instant before it came into force. This creates the paradox of an Act that, on day one, is entirely retrospective with respect to its primary subject matter."},{"type":"self_contradicting","section":"Section 14(1) and 14(3)","severity":"medium","reasoning":"The distinction between legislative and executive instruments is critical in Australian administrative law. Section 14(1) carefully limits the Statutory Rules publication and tabling requirements to legislative instruments. But s.14(3) appears to apply the interpretive provisions to all orders, rules and by-laws without that qualification. While these provisions serve different purposes, the inconsistent application of the legislative/executive distinction within the same section creates genuine ambiguity about the legal character and treatment of executive instruments made under the Act.","confidence":0.72,"description":"Section 14(1) applies ss.48 and 49 of the Acts Interpretation Act 1901-1941 to orders, rules and by-laws of a 'legislative and not executive character.' Section 14(3) then applies s.46 of the same Act to ALL such orders, rules and by-laws, deeming them to be regulations — without the legislative/executive character qualification. This creates an internal inconsistency: s.14(1) limits the application of parliamentary scrutiny provisions to legislative instruments only, but s.14(3) then deems all instruments to be regulations for interpretation purposes without that qualification, potentially expanding the scope beyond what s.14(1) intends."},{"type":"self_contradicting","section":"Section 15(4)","severity":"medium","reasoning":"Section 15(2) says an offender shall not be 'punished more than once' for the same offence — note it says punished, not prosecuted. Section 15(3)-(4) establishes two entirely separate prosecution pathways with different penalties. The provision against being 'punished more than once' does not technically prevent sequential prosecutions, only sequential punishments. However, if a summary prosecution results in acquittal, can an indictment then follow for the same conduct? The section does not address this, and the interaction between ss.(2) and (4) creates genuine procedural ambiguity.","confidence":0.65,"description":"Section 15(4) requires the written consent of the Attorney-General (or their delegate or the DPP) before a summary prosecution can proceed, AND requires an indictment prosecution to proceed in the name of the Attorney-General or DPP. However, s.15(2) states the same offence cannot be prosecuted 'more than once.' Read together: if the Attorney-General consents to a summary prosecution that fails, it is unclear whether the AG can then bring an indictment prosecution for the same conduct — the double jeopardy-lite protection in s.15(2) conflicts with the dual-pathway structure in s.15(3)-(4)."},{"type":"other","section":"Section 16","severity":"high","reasoning":"The provision creates a situation where individual directors and officers are 'deemed guilty' of a criminal offence purely by operation of law following a corporate conviction, without any separate trial or finding of fact specific to their individual conduct. While the due diligence defence is available, the starting position — deemed guilt — inverts the fundamental presumption of innocence. Absent a separate prosecution and conviction of the individual, it is unclear what legal consequence flows from this 'deemed guilt.' If it is purely notional without a separate proceeding, the provision is largely meaningless; if it has substantive criminal consequences, it is constitutionally questionable.","confidence":0.8,"description":"Section 16 provides that where a body corporate is convicted of an offence, every director or officer at the time of the offence is 'deemed to be guilty of the offence' unless they prove lack of knowledge or due diligence. The section triggers on conviction of the corporation but extends automatic deemed guilt to individuals who were never charged, tried or convicted in their own right. This reverse-onus deemed guilt provision is logically absurd: it makes a person 'guilty' of an offence through a legal fiction triggered by another entity's conviction, with no requirement that the individual be separately prosecuted."},{"type":"impossible_compliance","section":"Section 9 (cross-reference to Section 8)","severity":"medium","reasoning":"The power to amend or revoke transitional orders under s.9 is parasitic on the existence of current regulations granting that power. If the Governor-General repeals the relevant regulations under s.6(2)(a), the amending/revoking authority identified by s.9 may cease to exist, leaving transitional orders under s.8(1) permanently stranded — unable to be amended or revoked by anyone. This is a genuine structural gap in the legislation's own amendment machinery.","confidence":0.68,"description":"Section 9 allows amendment or revocation of orders 'in force by virtue of subsection (1) of the last preceding section' (i.e., s.8(1)) by 'the authority having power under any regulations in force by virtue of this Act to make orders, rules or by-laws.' However, s.8(1) deals with orders that were transitioned across from the National Security Act regime. If no regulations are currently in force by virtue of this Act that grant the relevant power — for instance, because the Governor-General has exercised the power in s.6(2)(a) to repeal the parent regulations — then there may be no 'authority having power' to amend or revoke these transitional orders. The amendment/revocation mechanism may collapse if the parent regulations are repealed."},{"type":"impossible_compliance","section":"Second Schedule (Control of New Commercial Motor Vehicles Order)","severity":"medium","reasoning":"Section 7(2) allows a Minister to amend or revoke orders preserved by s.7(1), but the Second Schedule entry for this Order does not identify which Minister is responsible (no administering department listed). Section 9 allows amendment by the authority under the parent regulations, but no parent regulations are identified. The Order thus floats free of any administrative or legal anchor, making compliance with — and administration of — this Order effectively impossible to attribute to any responsible authority.","confidence":0.78,"description":"The Second Schedule entry for the 'Control of New Commercial Motor Vehicles Order' lists no regulation under which it was made (the 'Second Column — Regulations under which Orders made' is blank), no administering department, and no amendments. The Act preserves this Order under s.7 but provides no parentage, no administrator, and no modification pathway. An order with no identified parent regulation, no administering department, and no amendment mechanism is practically unenforceable and unadministrable."}],"contradictions":[{"severity":"medium","section_a":"Section 6(1)","section_b":"Section 13(2)","confidence":0.65,"description":"Section 6(1) preserves the First Schedule regulations until 'the prescribed time' (midnight 31 December 1952). Section 13(2) deals with compensation regulations that ceased to have effect at midnight 31 December 1946 — before this Act commenced. The compensation regulations named in s.13(1) do not appear in the First Schedule, meaning they are deliberately excluded from the s.6 preservation regime. However, s.13(2)(e) continues the appointment of persons 'by or under the Regulations' indefinitely (subject only to the operational purposes in paras (a)-(d)), creating a parallel indefinite preservation mechanism that sits alongside — and potentially conflicts with — the strictly time-limited preservation framework of s.6(1)."},{"severity":"medium","section_a":"Section 14(2)","section_b":"Section 14(3)","confidence":0.7,"description":"Section 14(2) explicitly states that orders, rules and by-laws made under the Act 'shall not be deemed to be Statutory Rules within the meaning of the Rules Publication Act 1903-1939.' Section 14(3) then deems ALL such instruments to be 'regulations' for the purpose of s.46 of the Acts Interpretation Act. If they are 'deemed to be regulations' for interpretation purposes, this raises the question of whether they acquire the character of statutory rules by that back-door route — directly contradicting the exclusion in s.14(2). The two subsections pull in opposite directions on the regulatory character of these instruments."},{"severity":"high","section_a":"Section 8(3)","section_b":"Section 6(1)","confidence":0.85,"description":"Section 6(1) preserves all First Schedule regulations until the prescribed time (31 December 1952), subject to the Act. Section 8(3) preserves industrial awards and determinations made under National Security Act regulations 'until revoked by competent authority' — with no sunset date at all. Awards under the transitional regulations are thus not subject to the 31 December 1952 expiry that applies to the parent regulations themselves under s.6(1). This creates the anomaly that awards made under regulations that expire in 1952 may themselves survive indefinitely, potentially operating in a legal vacuum after the parent regulations expire."},{"severity":"medium","section_a":"Section 15(2)","section_b":"Section 15(3)","confidence":0.6,"description":"Section 15(2) states an offender 'shall not be liable to be punished more than once in respect of the same offence.' Section 15(3) prescribes two separate and distinct punishment regimes — summary (fine up to $200 or 6 months imprisonment) and indictment (fine up to $1,000 or 2 years imprisonment) — for what is defined as the same offence under s.15(1). The prohibition on double punishment in s.15(2) is self-evidently triggered only if both pathways are somehow traversed for the same conduct, but the existence of two punishment scales for the same offence, combined with the prohibition on double punishment, creates ambiguity about whether a convicted offender who received a summary penalty can face any additional penalty if subsequently prosecuted on indictment for the same facts."},{"severity":"low","section_a":"Section 17(1)","section_b":"Section 17(2)","confidence":0.6,"description":"Section 17(1) allows a court to require a convicted person to 'enter into recognizances with or without sureties to comply with the provisions of the regulations, orders, rules or by-laws in relation to which the offence was committed.' Section 17(2) then provides that failure to enter into recognizances may result in imprisonment for up to 6 months. This creates a situation where a person could be imprisoned not for committing an offence (already punished under s.15(3)) but for failing to enter into a future compliance undertaking — meaning the refusal to make a promise is itself punishable by imprisonment at the same maximum as the original summary offence. The mechanism is circular: the court punishes for non-compliance with an order to promise future compliance."}]},"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2569},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This Act represents the original transitional framework enacted in 1946. It was specifically designed as a temporary bridge between war and peace, with built-in expiry mechanisms (the 'prescribed time' of 31 December 1952) and preservation of specific wartime regulatory schemes. The scope remains consistent with its original purpose of orderly transition."},"complexity_factors":["Four schedules containing detailed textual amendments to dozens of wartime regulations (omitting, inserting, and substituting specific words and provisions)","Extensive cross-referencing to the National Security Act 1939 and preserved subordinate legislation","Multi-layered savings provisions protecting instruments, contracts, authorities, industrial awards, and property rights","Conditional preservation logic requiring comparison of 'substantially the same provision' across different regulatory versions","Sunset clause mechanics with 'prescribed time' definitions linking to 31 December 1952","Dual-track criminal procedure allowing prosecution either summarily or by indictment with different penalty scales"],"plain_english_summary":"**What this law does**\n\nThis is a \"bridge\" law passed at the end of World War II to manage Australia's transition from war back to peace. Instead of suddenly cancelling all wartime emergency rules on 1 January 1947, this Act keeps selected regulations alive temporarily and protects legal arrangements made during the war.\n\n**Key points**\n\n- **Extends emergency powers**: Many National Security Regulations (covering things like food control, rationing, capital issues, and industrial relations) remain in force until 31 December 1952. The Governor-General can amend or repeal these during this period, but only within the subject matter of the original regulation.\n\n- **Protects existing decisions**: All orders, contracts, licenses, and approvals made under wartime regulations remain legally valid and enforceable as if they were made under this new Act. If a government wartime authority no longer exists, the Commonwealth automatically steps into its place for any contracts, court cases, or property holdings.\n\n- **Preserves war compensation**: People receiving pensions or periodic compensation for war injuries—including civil defence workers and construction corps members—continue to receive payments even after the original war regulations expire at the end of 1946. Claims can still be lodged within three months and processed under the old rules.\n\n- **Criminal offences**: Breaking any preserved regulation is a crime punishable by fines up to $1,000 or two years prison (or $200/six months for minor cases). Company directors can be held personally liable unless they prove they tried to prevent the offence. The Attorney-General must consent to any prosecution.\n\n- **Updates other laws**: Amends several other Acts (including the Crimes Act, Black Marketing Act, and Seamen's War Pensions Act) to ensure they work properly after the war emergency ends.\n\n**Why it matters**\n\nThis prevents legal chaos when the war officially ends. Businesses, workers, and individuals who relied on wartime permits, contracts, or compensation schemes don't suddenly find themselves in legal limbo. It provides an orderly six-year wind-down period for emergency controls while maintaining essential protections for injured workers and veterans."}},"importantCases":[],"_links":{"self":"/api/acts/defence-transitional-provisions-act-1946","history":"/api/acts/defence-transitional-provisions-act-1946/history","analysis":"/api/acts/defence-transitional-provisions-act-1946/analysis","conflicts":"/api/acts/defence-transitional-provisions-act-1946/conflicts","importantCases":"/api/acts/defence-transitional-provisions-act-1946/important-cases","documents":"/api/acts/defence-transitional-provisions-act-1946/documents"}}