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Part First Schedule [see Note 3] - Defence (Transitional Provisions) Act 1946 - First Schedule [see Note 3] | Zoe

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Defence (Transitional Provisions) Act 1946

First Schedule [see Note 3]First Schedule [see Note 3]

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First Schedule [see Note 3]

Section 6

First ColumnRegulations	Second ColumnDepartment by which Administered	Third ColumnAmendments
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”
National Security (Beef Shortage) Regulations	Commerce and Agriculture	Regulation 5:Omit from paragraph (a) “for the efficient prosecution of the war”
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Regulations	Treasury	Omit regulation 2Regulation 3:Omit subregulation (1)Omit from subregulation (2) “Regulations so repealed”, insert “previous Regulations”Regulation 5:Omit definition of “the previous regulations”, insert “ ‘the previous Regulations’ means any regulations in force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’.”
National Security (Coal Mining Industry Employment) Regulations	Labour and National Service
National Security (Disposal of Commonwealth Property) Regulations	Supply and Shipping
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.”

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)

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