CTHRepealedAct
Defence (Transitional Provisions) Act 1946
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(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.
(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:
(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;
(b) under any order, rule or by‑law under any such provision; or
(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.
(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.
(4) Each authority constituted or holding office and each person employed, immediately prior to the commencement of this Act:
(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
(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.
(5) Any contract or agreement:
(a) to which the Commonwealth, a Minister or any authority of the Commonwealth is a party;
(b) which was subsisting immediately prior to the commencement of this Act; and
(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.
(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.
(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.
(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.