War Precautions Regulations 1915 (Amendment) (Cth)

STATUTORY RULES.

1916. No. 207.

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REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914–1916.

War Precautions Regulations 1915—Regulations 2, 15, 25b, 40a, 42a, 47b, 50b, and 63b.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the War Precautions Act 1914–1916, to come into operation forthwith.

Such Regulations shall supersede the Provisional Regulations contained in the following Statutory Rules:—

No. of Statutory Rule.	Made.
No. 98 of 1916.........................	18th May, 1916
No. 102 of 1916.......................	18th May, 1916
No. 105 of 1916.......................	24th May, 1916
No. 106 of 1916.......................	24th May, 1916
No. 111 of 1916.......................	31st May, 1916
No. 117 of 1916.......................	14th June, 1916

Dated this thirtieth day of August, 1916.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

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War Precautions Regulations 1915.

Amendments and Additions.

Regulation 2, add—

“Police constable” includes any member of the police force. Paragraph 15 which reads as follows: —

Power to clear areas of inhabitants.

15. (1) The competent naval or military authority may by order require the whole or any part of the inhabitants of any area specified in the order to leave that area if the removal of such inhabitants from that area is necessary for naval or military reasons.

(2) If any person to whom the order relates fails to comply with the order, he shall be guilty of an offence against the Act, and the competent naval or military authority may cause such steps to be taken as may be necessary to enforce compliance therewith.

is cancelled and the following substituted:—

Power to clear areas of inhabitants.

15. (1) If in the opinion of the competent naval or military authority the removal of the whole or any part of the inhabitants of any area is necessary for naval or military reasons, the competent naval or military authority may by order require the whole or any part of such inhabitants to leave that area.

C.10883.—Price 3d.

 

(2) If any person to whom the order relates fails to comply with the order, he shall be guilty of an offence against the Act, and the competent naval or military authority may cause such steps to be taken as may be necessary to enforce compliance therewith.

The following paragraph is inserted after paragraph 25a: —

Accommodation addresses for the receipt of letters, telegrams, and other postal packets.

25b. Every person who carries on, or proposes to carry on, either alone or with some other business, the business of receiving for reward letters, telegrams, or any other postal packets for delivery, or forwarding to the person for whom they are intended, shall comply with the following provisions: —

(1) He shall at once inform the Censor for the District in which he carries on business that he is carrying on or proposes to carry on the business, giving his full name and the address or addresses where the business is, or will be, carried on.

(2) He shall at once inform the Censor if he changes his place of business.

(3) He shall keep a book in which he must enter—

(a) the full name and address of every person who asks that any letter, telegram, or any other postal packet may be delivered or forwarded, and all instructions given him by any such person, as in Form A;

(b) full particulars regarding every letter, telegram., or other postal packet received for delivery or forwarding, as in Form B.

The particulars under heads 1–5 of Form B must be recorded immediately the letter is received, and the remaining particulars, under heads 6–8, when it is delivered or forwarded.

(4) He shall not deliver any letter, telegram, or any other postal packet to any person without first obtaining his receipt for it in the place provided in the book he keeps. (Column 8, of Form B).

(5) The book or books containing the particulars mentioned above and all letters, telegrams, and other postal packets, received for delivery or forwarding must be produced for inspection, if required, by any police constable or any person appointed by the competent naval or military authority, or any person employed in the Censorship staff.

Form “A.”

Particulars of every person asking that letters, &c, may be received for delivery or forwarding: —

Date of Application. 1. Full name and address of person asking that letters, &c, may be received. 2. Full name and address of the person to whom the letters, &c. are to be delivered or forwarded, and any other instructions received. 3.

Form “B.”

Particulars of each letter received for delivery or forwarding: —

Date of Receipt.	Letter, Postcard, Telegram, or Parcel.	Name of Addressee.	Where posted and date of postmark.	If registered office of registration and number.	Full name and address of person to whom delivered or forwarded.	Date of delivery or forwarding.	Signature of person receiving the letter, &c., if delivered.
1.	2.	3.	4.	5.	6.	7.	8.

The War Precautions Regulations 1915 are amended by inserting therein, after Regulation 40, the following Regulation —

Endangering vessels.

“40a. Any person who, by any act or default, endangers the safety of any vessel shall be guilty of an offence.”

Paragraph 42a (Statutory Rule No. 47 of 1916) is amended by inserting the following sub-paragraph after sub-paragraph (2): —

(3) Any merchant, trader, dealer or shopkeeper on whose behalf or at whose place of business any article as aforesaid is offered or exposed for sale or is sold, exchanged, traded in or disposed of contrary to this Regulation, whether contrary to the instructions of such merchant, trader, dealer or shopkeeper or otherwise, shall be guilty of an offence against the Act.

Allotment of soldier’s pay and separation allowance not to be assignable.

The following new paragraph is inserted after paragraph 47a: —

47b. (1) In this Regulation “allottee” includes any person to whom an allotment from the pay of a soldier enlisted for service during the present war has been made and any person entitled to a separation allowance in respect of a soldier.

(2) The right of any allottee toreceive allotments of pay or separation allowance shall be incapable of assignment whether absolutely or by way of pledge or mortgage or otherwise.

(3) Any such assignment made prior to the making of this Regulation shall as from the making of this Regulation be void.

(4) Any person who, and the manager or other responsible officer or employee of any corporate body which, accepts any such assignment shall be guilty of an offence against the Act.

(5) Any allottee may demand the return of an allotment certificate from any person who claims to hold it by way of assignment, and any such person who after demand fails to return such certificate to the allottee shall be guilty of an offence against the Act.

(6) If any officer whose duty it is to make payments on behalf of the Department of Defence has reason to believe that any person holding an authority to receive allotments of pay or separation allowance on behalf of an allottee, is an agent for or is collecting such allotment of pay or allowance on behalf of any person claiming the same by way of assignment, the officer may refuse to pay to the person holding the authority.

The following new Regulation is inserted after Regulation 50a: —

Powers of search of persons.

50b. Any person authorized for the purpose by the competent naval or military authority, or any police constable, or officer of Customs, may search any male person and may require any female person to submit to search by a female searcher, if the behaviour of such person is of such a nature as to give reasonable grounds for suspecting that such person has acted, or is acting, or is about to act, in a manner prejudicial to the public safety or the defence of the Commonwealth, and may seize any article, book, letter, or other document, the possession of which gives grounds for such a suspicion.

After paragraph 63a the following new paragraph is inserted: —

Aliens Restriction Order 1915 to apply to British subjects who are also enemy subjects.

63b. (1) The provisions of the Aliens Restriction Order 1915 (including any provisions amended or inserted by any Order made after the making of this paragraph) with reference to alien enemies shall apply to any British subject who is also a subject of a Sovereign or State which is at war with His Majesty to the same extent as if such person were not a British subject.

(2) For the purposes of this paragraph, any person whose conduct has been such as to show that he considers himself an enemy subject, or who has been treated by an enemy Sovereign or State as a subject of such Sovereign or State, may be deemed to be a subject of such Sovereign or State.

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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.