Civil Defence (Emergency Powers) Act 1940 (WA)
| No. 261 Civil Defence (Emergency Powers). | [19610. |
CIVIL DEFENCE (EMERGENCY
POWERS).
4° GEO. VI., No. XXVI.
No. 26 of 1940.
AN ACT to make provision for the taking of precautions for the protection of Persons and Property in this State from injury or damage in the event of hostile attack, and generally to make provision with respect to Civil Defence and the security and protection of the People of this State during the ? res snt state of War.
[Assented to 2nd December, 1940.]
RE it enacted by the King's Most Excellent Majesty,
by and with the advice and consent of the Legis-
lative Council and Legislative Assembly of Western
Australia, in this present Parliament assembled, and by
| Short title. | the authority of the same, as follows:— |
| et. Vie. 3, Geo. | |
| VI., 1939, |
| No. 4645, a. 1; | 1. | This Act may be cited as the Civil Defence (Emer- |
| QM. 3. |
| Geo. VI., No | gency Powers) Act, 1940. |
| 35 of 1939, a. 1; | |
| Tas. 3 & 4, |
| Geo. VI., | 2. | In this Act, unless the context otherwise requires— |
| No. 59 of |
| 1939, s. 1. | "Council" means the Civil Defence Council | estab- |
lished by the Governor under the authority of
| Interpreta | - |
| tion. | this Act. |
"Department" means a department of the Govern-
ment of the State.
"Local authority" means a municipal council or a
road board.
| 1940.] | Civil Defence (Emergency Powers). [No. 26. "Minister" means the Minister of the Crown for the time being and from time to time charged with the administration of this Act. |
| "Present state of war" means the war with Germany mid with Italy in which His Majesty is at the date of the commencement of this Act engaged and with any allies of Germany and Italy in that war. |
3. (1) The Governor may establish a council, to be ailure
known as the Civil Defence Council, for the purposes of itt. Vie. 3,
Geo. VI.,
| this Act. | 1939, No. 4645, . 4 ; |
| (2) | The Council shall consist of persons appointed by Tos. |
the Governor, upon the recommendation of the Minister, :79 ec 1939,
and shall hold office during the pleasure of the Governor. s'
The number of members of the Council shall be
unlimited and may be increased or reduced, as the Gov-
ernor may think fit:
(3)
Provided that the Council shall consist of at least five members, and at least one member shall be representa- tive of local authorities hi the State.
| (4) | Three members of the Council shall constitute a |
quorum thereof.
(5)
The Governor shall, on the recommendation of the Minister, appoint one of the members of the Council to be the chairman thereof, and the member so appointed shall hold that office during the pleasure of the Governor.
4. The powers, functions, and duties of the Council 'd'itlijoersr"
| shall be— | Council. |
| (a) | to formulate plans and measures for the pro- |
| tection and safety of the civil population 4645: 3° | .. 4; |
of this State during the present state of go: 31,71t, no.
| war; | 59 of 1939, |
| (b) | to make such inquiries and investigations and to collect such information as the Council thinks necessary to enable it to advise the Government of this State and any depart- ment, local authority, public body, corpora- tion, or person in respect of matters relat- ing to the protection and safety of the civil population and to advise accordingly; |
| (c) | to take such measures and precautions, and make such arrangements with departments, local authorities, public bodies, corpora- |
| No. 26.] Civil Defence (Emergency Powers). | [1940. |
tions, and persons as are necessary or desirable to carry out and give effect to the provisions of this Act, in so far as they relate to the protection of persons and pro- perty from injury or damage in the event of hostile attack and generally to make pro- vision for civil defence during the present state of war; and
(d) to exercise such other powers and to perform such other duties as are conferred or imposed upon the Council by the regula- tions made by the Governor under this Act.
Allowances
The payment of allowances and expenses to the members of the Council in respect of their services as such members shall be such as may, in the discretion of the Governor, be fixed or prescribed by regulations, hut no such payment shall be made to any member of the Council except on the recommendation of the Minister and with the approval of the Treasurer of the State.
| and expenses | 5. |
of Council.
Meetings and
Subject to the regulations, the Council may by resolution make rules in relation to the time and place of its meetings and to the conduct of the business at meetings of the Council.
| conduct of | 6. |
business of
the Council.
| Governor may 7. (1) The Governor may make regulations provid- | make regain- . | |||
| ||||
| cf. Vic. 3, | ||||
| ||||
| 1939 ' | ||||
| ||||
|
. Vo.
| 35 of 1939 , | where there may be in this Act no provision or no suffi- |
| s. 0 ; Tas. 3 | . |
1 4, Geo. Ac.. cient provision in respect of any matter or thing neees-.5s of 1939. s. 6. sary or expedient to give effect to this Act, providing
for and supplying such omission or insufficiency, and without limiting the generality of this section, the Gov- ernor may make regulations for or in respect of all the following matters, namely:—
(i) the transaction of business and the conduct of
its business by the Council;
(ii) the powers and functions to be exercised by, and the duties to be performed by the Council in addition to those expressly con- ferred or imposed upon the Council by section four of this Act;
| 1940. | ] | Civil Defence (Emergency Powers). [No. 26. |
(iii) the allowances and expenses (if any) to be payable to members of the Council in respect of their services as such members ;
(iv) securing public safety and order;
(v) securing and regulating the supply and dis- tribution of food, water, fuel, light, heat, power, and other necessities ;
(vi) maintaining, controlling, and regulating the means of transit, transport, navigation, locomotion, and other services ;
(vii.) any purposes necessary or conducive to public safety or order or the life or health of the community;
(viii) the precautions to be taken, and the persons by whom such precautions shall be taken for the protection of persons and property from injury or damage in the event of hostile attack;
(ix) the provision to be made for the treatment of casualties occurring from hostile attack, including the acquisition of land and the erection of air raid shelters and other build- ings and the acquisition of medical stores and equipment ;
(x) the requisitioning of premises and vehicles and of any goods, articles, or things for civil defence purposes;
(xi) the obtaining of information with respect to supplies of any goods, articles, or things and providing that any officer or person to whom such information has been disclosed shall not divulge the same, except as pro- vided by the regulations ;
(xii) the appointment of air raid wardens and other officers and persons required in con- nection with civil defence and the security and protection of persons and property, and the authorities, bodies, or persons by whom such appointments may be made ;
(xiii) prescribing the powers, functions, and duties of such air raid wardens, and other officers and persons aforesaid, and either generally or in respect of particular localities or places;
| No. 26.] Civil Defence (Emergency Powers). | [1940. |
(xiv) the duties, responsibilities, obligations, and liabilities of members of the public during the period of an air raid or other hostile attack, and either generally or in respect of particular localities and places, or, with respect to particular members of the public, or any class of members of the public (including members or classes of members of the public owning, occupying, or in charge or control or apparently in charge or control of any land, building, premises, or place) ;
(xv) prescribing the authority responsible for giv- ing all. such warnings or signals as may be prescribed in relation to air raids or other hostile attacks, and either generally or for or in respect of , particular localities or places, and regulating the giving of pre- scribed warnings or signals by any such authority;
(xvi) the enrolment of volunteers to render any ser- vices in connection with any matters pro- vided for in this Act or the regulations;
(xvii) the training of air wardens and other officers and persons and volunteers appointed or enrolled;
(xviii) the evacuation of persons from areas threat- ened with air raids and other hostile attacks, including inquiries, mobilisation, transport to selected areas, rationing, requisitioning of transport and accommodation, billeting and other matters incidental thereto ;
(xix) the evacuation of livestock ;
(xx) power to erect shelters and other buildings and to require local authorities, public bodies, corporations and persons, which or who have the necessary finances available or obtainable to erect shelters and other build- ings for use by the public or for private use, as the case may be, in the event of air raids and other hostile attacks;
(xxi) power to acquire, hold, and dispose of sand bags and other materials necessary for the protection of persons and property from the effects of bombs and other missiles;
| 1940.11 | Civil Defence (Emergency Powers). [No. 26. |
(xxii) power to display on any building or place any air raid precautions posters, placards, or notices;
(xxiii) the prohibition of the use by unauthorised persons of air raid precaution names, badges, titles, literature, signs, placards, posters, notices, or other matter ;
(xxiv) the control and regulation of traffic on streets and roads, and the closure of streets and roads and all other action necessary for rescue, repair, and decontamination work or operations;
(xxv) the demolition of damaged and dangerous
structures;
(xxvi) the compensation to be paid in the event of personal injury (including death) to air raid wardens and other officers and persons appointed or acting under the authority of this Act or the regulations, when engaged in civil defence activities (as defined by the regulations) and providing that, where any injury to which the regulations apply is sus- tained by any person, no compensation or damages shall be payable in respect thereof, whether under any Act or at common law, by the employer of the injured person; and
(xxvii) any other matters in relation to which the Governor on the advice of the Council may deem it necessary or expedient to make regulations for the more efficient adminis- tration of tins Act or for more effectually carrying out the objects and purposes of this Act.
| (2) Any regulations made under this Act— | Application and operattnn |
| (a) | may be made so as to apply to or have opera- Lrseguia |
-tion throughout the whole or any part of
the State;
| (b) | may, subject to this Act, be made so as to operate for any period or periods or for any time or times or for any occasion or occa- sions specified therein; |
| (c) | may be of general operation. or of specially limited operation, according to time, place, conditions, or restrictions; and |
| No. 26.] Civil Defence (Emergency Powers). | [1940_ |
(d) subject to the Interpretation Act, 1918, shall have effect notwithstanding anything in- consistent therewith, contained in any enact- ment other than this Act.
Arrange-
| ments with | 8. (1) The Governor may enter into arrangements |
| Common- |
| wealth. | with the Governor General of the Commonwealth pro- |
| Vic. 3, Geo. | viding for any matter necessary or convenient for the |
| VI., 1939, No. | |
| 4645, s. 3 | purpose of carrying out or giving effect to any Common- |
| (2) ; Ta g. 3 & | |
| 4, Geo. VI., | wealth Act relating to defence or national security or |
| No. 59 of | |
| 1939, a. 7. | any order or regulations made thereunder. |
| (2) Regulations may be made under this Act for or with respect to the carrying into effect of any powers or duties conferred on or delegated to the Government of the State by the Government of the Commonwealth or for giving effect to any arrangement made under this section, or for taking measures complementary to, or necessary to implement, measures taken by the Common- wealth in relation to national security. | |
| Powers and |
| duties may be | 9. The Governor, by any regulations made under this |
| conferred and Act, may confer such powers and impose such duties as | imposed by | |||
| ||||
| cf. VIC. 3, | ||||
| ||||
| 1939, No. | ||||
| ||||
| Powers of | ||||
| ||||
| ties with | ||||
| ||||
| cf. Vie. 3, | ||||
| ||||
| 1939, No. | ||||
| ||||
| (4); Lis. 3 | ||||
| ||||
| No. 59 of | ||||
|
(2) The costs, charges, and expenses incurred by a
local authority in exercising any of the powers or per-
forming any of the duties conferred or imposed upon
1940. j Civil Defence (Emergency Powers). [No. 26. it by this Act or the regulations may be borne by and paid out of the funds and revenues of the local authority, and, in so far as such funds and revenues are and will be insufficient for the purpose of discharging such costs, charges, and expenses the local authority may, in accord- ance with its borrowing powers under its local govern- ment Act, but subject as hereinafter provided, borrow moneys for the purpose of discharging such costs, charges, and expenses or ally portion thereof :
Provided that, when a local authority proposes to borrow any money for the purpose of discharg- ing any of the costs, charges, and. expenses afore- said, and the Minister is satisfied, and so certifies by writing under his hand that the need for bor- rowing moneys by the local authority is urgent, the local authority may proceed forthwith to borrow moneys for the purpose aforesaid without publishing any notice of its intention or proposal so to do, and without giving or affording to any persons an opportunity to call for a referendum on the question, whether or not the local authority shall be permitted to borrow moneys as pro- posed or intended, notwithstanding any provisions to the contrary contained in the local government Act of such local authority:
Provided further, nevertheless, that no local authority shall propose or be required under the provisions of this section to borrow money (without complying with the provisions of the local government Act of such local authority) in excess of forty per centum of the maximum amount which at the time such local authority is author- ised to borrow under such local. government Act.
11. (1) Where by any regulation made under this le'lrs= ad: a
| Act a duty or obligation to do any act-, matter, or thing fnno bc;;; oc& | a | r |
is imposed upon any local authority, public body, cor- etc.
poration, or person and such local authority, public body, corporation, or person refuses or neglects properly to perform or carry out such duty or obligation, the Min- ister may serve notice in writing under his hand upon such local authority, public body, corporation, or person requiring it within a time specified in the notice to per- form or carry out the act, matter, or thing which by the regulation it or he is required to perform or carry out.
| No. 26.1 Civil Defence (Emergency Powers). | [1940, |
(2) On default of due compliance with the requisi- tion of any notice given under subsection (1) of this- section, the Minister may take such measures and employ such servants or other agents as may be necessary to. perform and carry out the act, matter, or thing specified in the notice, and any expense incurred by the Minister in relation thereto shall be a debt owing to the Minister by the local authority, public body, corporation, or person aforesaid and as such shall be recoverable by the Min- ister in any court of competent jurisdiction:
Provided that such court shall not give judgment for the Minister in excess of the amount which in the opinion of the court was sufficient to carry out in a reasonably efficient manner such duty or obligation.
| Offences and | 12. (1) Every person who contravenes or fails to |
Pena/ties.
| vic.3 | comply with any provision of any regulation made under |
Geo. v.E.,
| 1939, No. | this Act shall be guilty of au offence against this Act. |
| 4645, E. | 7; |
| Tas. 3 & | Penalty: Five hundred pounds or imprisonment for |
| Geo. V/., No. c |
| 59 or 1939, | twelve months. |
| s 6. |
(2)
Every person who commits or is alleged to have committed an offence against this Act may be arrested either with or without warrant and be taken before the justices.
Every person who aids, abets, incites, counsels, or procures or is in any way directly or indirectly know- ingly concerned in the commission of any offence against this Act shall be deemed to have committed that offence and shall be punishable accordingly.
(3)
Every corporation shall be liable for any offence against this Act as if such corporation were a private person, and shall be subject to the same penalties as if it were a private person, and if any chairman, member of the governing body, director, manager, secretary, or officer of such corporation knowingly authorises or per- mits the commission of any such offence, he shall be deemed to have committed such offence and shall be punishable accordingly.
(4)
All prosecutions for offences against this Act shall be instituted, heard, and determined, and all penalties for such offences shall be recoverable summarily under and in accordance with the provisions of the Justices Act, 1902-1936.
(5)
| 1940.] | Civil Defence (Emergency Powers). [No. 26. |
No remedy
| No action, claim, or demand whatsoever shall lie or be made or allowed by or in favour of any person | against Crown, etc., |
| except com- pensation for | |
| whomsoever against 13is Majesty or any Minister of the | property used |
| Crown, or the Council or any local authority, body, cor- | or taken. cf. Vic. 3, |
| poration, air raid warden, officer, or person acting in | Geo. VI., 1939, No. |
| good faith in the execution of this Act, or of any regula- | 4645, s. 8 Tas. 3 & 4 |
| tion made under this Act for or in respect of any damage, | Geo. VI., No 59 of 1939 |
| loss, or injury sustained or alleged to have been sus- | s. 11. |
| tained by reason of the passing or operation of this Act, or of anything done or purporting to be done thereunder, save only in respect of reasonable compensation for any property used or taken by or on behalf of His Majesty in pursuance of any powers conferred by or under this Act. | |
| Saving of | |
| other powers |
13.
| All powers conferred by or under this Act shall he in aid of and hi addition to and not in derogation from | cf. Vic. 3, Geo. VI., |
| 1939, No.4645, s. 9 | |
| any other powers exercisable apart from this Act. | Tas. 3 & 4, Geo. VI., No 59 of 1939 |
14.
propr ia-
The costs and expenses of the administration of this Act, and any expenses incurred by or on behalf of His Majesty in the doing or carrying out of any act, mat- ter, or thing for effectuating the objects and purposes of this Act, shall be paid out of moneys to be appropriated by the Parliament to such purposes.
15.
| This Act shall, unless sooner repealed, continue in operation during the continuance of the present state of war and for a period of six months-thereafter and no longer. | Duration of |
| Mt. |
16.
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0
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