关于知识产权 知识产权培训 树立尊重知识产权的风尚 知识产权外联 部门知识产权 知识产权和热点议题 特定领域知识产权 专利和技术信息 商标信息 工业品外观设计信息 地理标志信息 植物品种信息(UPOV) 知识产权法律、条约和判决 知识产权资源 知识产权报告 专利保护 商标保护 工业品外观设计保护 地理标志保护 植物品种保护(UPOV) 知识产权争议解决 知识产权局业务解决方案 知识产权服务缴费 谈判与决策 发展合作 创新支持 公私伙伴关系 人工智能工具和服务 组织简介 与产权组织合作 问责制 专利 商标 工业品外观设计 地理标志 版权 商业秘密 WIPO学院 讲习班和研讨会 知识产权执法 WIPO ALERT 宣传 世界知识产权日 WIPO杂志 案例研究和成功故事 知识产权新闻 产权组织奖 企业 高校 土著人民 司法机构 遗传资源、传统知识和传统文化表现形式 经济学 金融 无形资产 性别平等 全球卫生 气候变化 竞争政策 可持续发展目标 前沿技术 移动应用 体育 旅游 PATENTSCOPE 专利分析 国际专利分类 ARDI - 研究促进创新 ASPI - 专业化专利信息 全球品牌数据库 马德里监视器 Article 6ter Express数据库 尼斯分类 维也纳分类 全球外观设计数据库 国际外观设计公报 Hague Express数据库 洛迦诺分类 Lisbon Express数据库 全球品牌数据库地理标志信息 PLUTO植物品种数据库 GENIE数据库 产权组织管理的条约 WIPO Lex - 知识产权法律、条约和判决 产权组织标准 知识产权统计 WIPO Pearl(术语) 产权组织出版物 国家知识产权概况 产权组织知识中心 产权组织技术趋势 全球创新指数 世界知识产权报告 PCT - 国际专利体系 ePCT 布达佩斯 - 国际微生物保藏体系 马德里 - 国际商标体系 eMadrid 第六条之三(徽章、旗帜、国徽) 海牙 - 国际外观设计体系 eHague 里斯本 - 国际地理标志体系 eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange 调解 仲裁 专家裁决 域名争议 检索和审查集中式接入(CASE) 数字查询服务(DAS) WIPO Pay 产权组织往来账户 产权组织各大会 常设委员会 会议日历 WIPO Webcast 产权组织正式文件 发展议程 技术援助 知识产权培训机构 COVID-19支持 国家知识产权战略 政策和立法咨询 合作枢纽 技术与创新支持中心(TISC) 技术转移 发明人援助计划(IAP) WIPO GREEN 产权组织的PAT-INFORMED 无障碍图书联合会 产权组织服务创作者 WIPO Translate 语音转文字 分类助手 成员国 观察员 总干事 部门活动 驻外办事处 职位空缺 采购 成果和预算 财务报告 监督
Arabic English Spanish French Russian Chinese
法律 条约 判决 按管辖区浏览

Defence Transition (Residual Provisions) Act 1952 (consolidated as of June 19, 2000), 澳大利亚

返回
废止文本 
详情 详情 版本年份 2000 日期 生效: 1953年1月1日 议定: 1952年11月18日 文本类型 其他文本 主题 工业品外观设计, 知识产权及相关法律的执行, 其他

可用资料

主要文本 相关文本
主要文本 主要文本 英语 Defence Transition (Residual Provisions) Act 1952 (consolidated as of June 19, 2000)        
 Defence Transition (Residual Provisions) Act 1952 (consolidated as of June 19, 2000)

Defence Transition (Residual Provisions) Act 1952 Act No. 104 of 1952 as amended

[Note: This Act is repealed by Act No. 118 of 1999]

This compilation was prepared on 19 July 2000 taking into account amendments up to Act No. 118 of 1999

The text of any of those amendments not in force on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting, Attorney-General’s Department, Canberra

Contents 1 Short title [see Note 1].......................................................................1 2 Commencement.................................................................................1 3 Interpretation .....................................................................................1 4 Application of Act to Territories .......................................................1 5 Certain regulations to be in force.......................................................1 6 Certain orders to be in force ..............................................................2 7 Savings ..............................................................................................2 8 Power to amend or revoke orders ......................................................4 9 Application of certain sections of the Defence (Transitional

Provisions) Act ..................................................................................4 10 Preservation of rights, obligations etc. ..............................................4 11 Certain awards, orders etc. to be in force...........................................5

The Schedules 6 First Schedule 6 Part I 6 Part II 7 Second Schedule 8 Notes 9

Defence Transition (Residual Provisions) Act 1952 iii

An Act to give the Force of Law to certain Regulations and Orders, and for other purposes

1 Short title [see Note 1]

This Act may be cited as the Defence Transition (Residual Provisions) Act 1952.

2 Commencement

This Act shall come into operation on the first day of January, One thousand nine hundred and fifty-three.

3 Interpretation

In this Act, the Defence (Transitional Provisions) Act means the Defence (Transitional Provisions) Act 1946, and includes that Act as amended from time to time.

4 Application of Act to Territories

Where a regulation or order in force by virtue of this Act contains provisions which specifically require its application in an external Territory, that regulation or order has effect in that Territory accordingly and this Act extends to that Territory to the extent necessary to give effect to that regulation or order.

5 Certain regulations to be in force

(1) The regulations specified in the First Schedule to this Act, being those regulations as they were in force by virtue of the Defence (Transitional Provisions) Act immediately before the commencement of this Act, shall, subject to this Act, be in force: (a) in the case of the regulations specified in Part I of that

Schedule-until midnight on the thirtieth day of June, One thousand nine hundred and fifty-three, and no longer; and

(b) in the case of the regulations specified in Part II of that Schedule-until otherwise provided by law.

Defence Transition (Residual Provisions) Act 1952 1

Section 6

(2) The Governor-General may make regulations repealing or amending any regulations in force by virtue of the last preceding subsection, but so that an amendment so made shall be in respect of a matter dealt with by those last-mentioned regulations.

6 Certain orders to be in force

(1) The orders specified in the Second Schedule to this Act, being those orders as they were in force by virtue of the Defence (Transitional Provisions) Act immediately before 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-three, and no longer.

(2) The Minister may, by order, amend or revoke an order in force by virtue of the last preceding subsection, but so that an amendment so made shall be in respect of a matter dealt with by that last-mentioned order.

7 Savings

(1) An order in force or subsisting immediately before the commencement of this Act under a regulation that was in force by virtue of the Defence (Transitional Provisions) Act shall, if the regulation is in force by virtue of this Act, be in force or subsisting as if made under the regulation as in force by virtue of this Act, and the regulation applies to that order accordingly.

(2) An instrument or document in force or subsisting immediately before the commencement of this Act under a regulation or order that was in force by virtue of the Defence (Transitional Provisions) Act shall, if the regulation or order is in force by virtue of this Act, be in force or subsisting as if made, given or issued under that regulation or order as in force by virtue of this Act, and that regulation or order applies to it accordingly.

(3) An authority constituted or holding office, or a person employed, immediately before the commencement of this Act under a regulation or order that was in force by virtue of the Defence (Transitional Provisions) Act shall, if the regulation or order is in force by virtue of this Act, be deemed to be constituted, to hold

Defence Transition (Residual Provisions) Act 19522

Section 7

office or to be employed, as the case may be, under that regulation or order as in force by virtue of this Act.

(4) A contract or agreement: (a) to which the Commonwealth, a Minister or an authority of

the Commonwealth is a party; (b) which was subsisting immediately before the commencement

of this Act; and (c) which was entered into under regulations that were in force

by virtue of the Defence (Transitional Provisions) Act, shall, subject to the next succeeding subsection, continue in full force and effect.

(5) Where an authority of the Commonwealth is a party to such a contract or agreement and that authority has ceased or ceases to exist, the Commonwealth shall be deemed to be substituted for that authority as a party to the contract or agreement.

(6) Where: (a) immediately before the commencement of this Act, an

authority of the Commonwealth constituted under a regulation that was in force by virtue of the Defence (Transitional Provisions) Act was a party to an action or other proceeding and that authority has ceased to exist; or

(b) an authority of the Commonwealth constituted under a regulation in force by virtue of this Act is a party to an action or other proceeding and that authority ceases to exist, the Commonwealth shall be substituted for that authority as a party to that action or proceeding.

(7) Where: (a) immediately before the commencement of this Act, property

or assets were, under a regulation that was in force by virtue of the Defence (Transitional Provisions) Act, vested in an authority of the Commonwealth and that authority has ceased to exist; or

(b) property or assets are, under a regulation in force by virtue of this Act, vested in an authority of the Commonwealth and that authority ceases to exist, that property or those assets shall be deemed to be vested in the Commonwealth.

Defence Transition (Residual Provisions) Act 1952 3

Section 8

8 Power to amend or revoke orders

An order 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 with respect to the matter dealt with by that order.

9 Application of certain sections of the Defence (Transitional Provisions) Act

The provisions of sections fourteen, fifteen, sixteen, seventeen and eighteen of the Defence (Transitional Provisions) Act apply to and in relation to regulations and orders that are in force by virtue of this Act and, in the application of those provisions: (a) references to the Defence (Transitional Provisions) Act shall

be read as references to this Act; and (b) the reference in subsection (4) of section eighteen to the

National Security Act shall be read as a reference to the Defence (Transitional Provisions) Act.

10 Preservation of rights, obligations etc.

Section eight of the Acts Interpretation Act 1901-1950 applies: (a) after the commencement of this Act, in relation to regulations

that were in force by virtue of the Defence (Transitional Provisions) Act immediately before the commencement of this Act but are not in force under this Act, and in relation to orders that were in force under those regulations immediately before the commencement of this Act, as if those regulations and orders were repealed on the date of commencement of this Act;

(b) after the thirtieth day of June, One thousand nine hundred and fifty-three, in relation to the regulations specified in Part I of the First Schedule to this Act, and in relation to orders in force under those regulations on that day, as if those regulations and orders were repealed on the day following that day; and

(c) after the thirty-first day of December, One thousand nine hundred and fifty-three, in relation to the orders specified in the Second Schedule to this Act as if those orders were

Defence Transition (Residual Provisions) Act 19524

Section 11

repealed on the day following that day, and as if each of those regulations and orders were an Act.

11 Certain awards, orders etc. to be in force

(1) An award, order, determination or decision that was in force or subsisting immediately before the commencement of this Act by virtue of the National Security (Industrial Peace) Regulations shall have the same force and effect from the commencement of this Act as it would have had if those Regulations, as in force immediately before the commencement of this Act, had continued in force.

(2) An award, order, determination or decision having force by virtue of the last preceding subsection or by virtue of subsection (3) of section eight of the Defence (Transitional Provisions) Act may, to the extent necessary for the purpose of permitting the full exercise of the powers of an industrial authority, whether of the Commonwealth or of a State, be revoked by such an authority, either expressly or by the making of inconsistent provisions.

(3) Subject to the last preceding subsection, the Conciliation and Arbitration Act 1904-1952 applies in relation to each award, order, determination and decision to which that subsection applies in like manner as it applies in relation to other awards, orders, determinations and decisions having force by virtue of that Act.

Defence Transition (Residual Provisions) Act 1952 5

The Schedules First Schedule Section 5

Part I National Security (Apple and Pear Acquisition) Regulations. National Security (War Deaths) Regulations. Regulation 66 of the National Security (General) Regulations.

Defence Transition (Residual Provisions) Act 19526

Part II Regulations 1, 3, 54, 55AA, 55A, 60B to 60G (inclusive) and 60J to 60M (inclusive) of the National Security (General) Regulations. National Security (Industrial Property) Regulations. National Security (Shipping Co-ordination) Regulations. Regulations 1, 62 and 100 of the National Security (Supplementary) Regulations. Regulation 2 of Statutory Rules 1945, No. 205.

Defence Transition (Residual Provisions) Act 1952 7

Second Schedule Section 6 Cordage and Fibre Order. Jute Goods Order.

Defence Transition (Residual Provisions) Act 19528

Notes to the Defence Transition (Residual Provisions) Act 1952

Table of Acts

Notes to the Defence Transition (Residual Provisions) Act 1952 Note 1

The Defence Transition (Residual Provisions) Act 1952 as shown in this compilation comprises Act No. 104, 1952 amended as indicated in the Tables below.

Table of Acts

Act Number and year

Date of Assent

Date of commencement

Application, saving or transitional provisions

Defence Transition 104, 1952 18 Nov 1952 1 Jan 1953 (Residual Provisions) Act 1952

Statute Law Revision Act 1973

216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9(1) and 10

Statute Stocktake Act 1999 118, 1999 22 Sept 1999 22 Sept 1999 —

Defence Transition (Residual Provisions) Act 1952 9

Notes to the Defence Transition (Residual Provisions) Act 1952

Table of Amendments

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected How affected S. 4 .......................................... am. No. 216, 1973

Defence Transition (Residual Provisions) Act 1952 10


立法 被以下文本实施 (1 文本) 被以下文本实施 (1 文本) 被以下文本废止 (1 文本) 被以下文本废止 (1 文本)
无可用数据。

WIPO Lex编号 AU557