Commonwealth act

National Security Act 1946

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

15 of 1946

Collection

act

Plain English Summary

2/10 complexity

This Act fixes a statutory expiry for the National Security Act 1939–1943 and all regulations, orders, rules and by‑laws made under it, so they automatically cease at midnight on 31 December 1946. It affects anyone subject to those instruments and removes the Executive’s prior power to extend them by proclamation.

The change gives legal certainty about the end of the wartime framework but leaves transitional and enforcement gaps to be resolved separately before that date.

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Current sections

Direct links to the current provisions in National Security Act 1946.

National Security Act 1946

NATIONAL SECURITY.

No. 15 of 1946.

An Act to provide for the termination of the National Security Act 1939–1943.

[Assented to 18th April, 1946.]

[Date of commencement, 16th May 1946.]

Preamble.

WHEREAS it is by the National Security Act 1939–1943 provided that that Act shall continue in operation until a date to be fixed by Proclamation, and no longer, but in any event not longer than six months after His Majesty ceases to be engaged in war:

And whereas a state of war still exists between His Majesty and Germany, Italy, Japan and other countries:

And whereas some considerable time must elapse before a state of peace comes into existence with each of the countries with which a state of war still exists, and it is desirable that the National Security Act 1939–1943 should be terminated before a state of peace with all of those countries has come into existence:

Be it therefore enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the National Security Act 1946.

(2.) The National Security Act 1939–1943 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the National Security Act 1939–1946.

Section nineteen of the Principal Act is repealed, and the following section inserted in its stead:—

Duration of Act, regulations, &c.

“19. This Act, and all regulations made thereunder, and all orders, rules and by-laws made in pursuance of any such regulation shall cease to have effect at midnight on the thirty-first day of December, One thousand nine hundred and forty-six.”.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 National Security Act 1946