War Precautions Regulations 1915 (Amendment) (Cth)

STATUTORY RULES.

1916. No. 151.

 

REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1916.

War Precautions Regulations 1916—Regulations 2, 12a, 15a, 17a, 17b, 17d, 20, 21a, 28a, 46a, 46b, 47a, and 63a.

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. 19 of 1916............................................	17th February, 1916
No. 24 of 1916............................................	1st March, 1916
No. 30 of 1916............................................	15th March, 1916
No. 37 of 1916............................................	23rd March, 1916
No. 48 of 1916............................................	5th April, 1916
No. 67 of 1916............................................	19th April, 1916
No. 81 of 1916............................................	3rd May, 1916
No. 88 of 1916............................................	10th May, 1916

Dated this nineteenth day of July, 1916.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

 

War Precautions Regulations 1916.

Amendments and Additions.

Paragraph 2 is amended by omitting the words—

“His Majesty’s Naval and Military Forces” include the Commonwealth Naval and Military Forces; and “Naval or Military Forces” and “Forces” include both His Majesty’s Forces and the Commonwealth Forces,

and substituting in their place the words—

“His Majesty’s Naval and Military Forces” include the Commonwealth Naval and Military Forces and the Naval and Military Forces of any part of the British Empire; and “Naval or Military Forces” and “Forces” include His Majesty’s Forces and the Commonwealth Forces, and the Naval or Military Forces of any part of the British Empire.

C.8834.—Price 3d.

Regulation 12a is cancelled, and the following substituted therefor:—

Power to close licensed premises.

“12a. (1) If in the opinion of the Minister the sale of intoxicating liquor is prejudicial to or endangers the health, training, discipline, or administration of any members of the Naval or Military Forces, he may order that all or any premises licensed for the sale of intoxicating liquor within any area specified in the order shall be closed for the sale of intoxicating liquor, except during such hours as may be specified in the order.

(2) If the holder of the licence in respect of any such premises 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 with the order.”

Sub-paragraph (2) of paragraph 15a which reads:—

(2) Any person who fails to comply with an order given to him under this paragraph may be arrested forthwith by the officer by whom such order is given, or by any person authorized by him, and removed from the vicinity of the place of internment, camp, fort, hospital, or post.

is cancelled and the following substituted therefor:—

(2) If any person fails to comply with an order given to him under this paragraph he shall be guilty of an offence against the Act and may be arrested forthwith by the officer by whom such order is given, or by any person authorized by him, and removed from the vicinity of the place of internment, camp, fort, hospital, or post.

Paragraph 17a (Statutory Rule No. 22 of 1916, dated 25th February, 1916), which reads as follows:—

Persons not to enter British merchant ships without permission.

17a. (1) If any person shall enter on board a British merchant ship which engages in oversea or Inter-State trade while such ship is moored alongside any wharf, or is in any harbor, without the permission, in writing, of the competent naval or military authority, or of the owners of, or agents for, the ship, he shall be guilty of an offence against the Act:

Provided that this Regulation does not apply to—

(a) any person employed by the Commonwealth or State who enters the ship on duty; or

(b) any member of the naval or military forces on duty; or

(c) any person employed by the harbor authorities; or

(d) any member of the ship’s crew, or any person who has engaged a passage in the ship.

(2) If the master or any member of the ship’s crew permits any person to enter on board the ship in contravention of this Regulation he shall be guilty of an offence against this Act.

(3) Any person authorized for the purpose by the competent naval or military authority, or any police constable, or officer of Customs, or any person employed by the harbor authorities, may arrest, without warrant, any person who commits, or attempts to commit, a breach of this Regulation.

is cancelled, and the following substituted:—

Persons not to enter British merchant ships without permission.

17a. (1) If any person shall enter on board a British merchant ship which engages in oversea or Inter-State trade, while such ship is moored alongside any wharf, or is in any harbor, without the

 

permission, in writing, of the competent naval or military authority, or of the owners of, or agents for, the ship, he shall be guilty of an offence against the Act:

Provided that this Regulation shall not apply to—

(a) any person employed by the Commonwealth or State who enters the ship on duty; or

(b) any member of the naval or military forces on duty; or

(c) any person employed by the harbor authorities; or

(d) any member of the ship’s crew, or any person who has engaged a passage in the ship.

(2) The master of any such ship shall maintain a sufficient guard on each gangway by which the ship can be entered, and if he fails to do so he shall be guilty of an offence against the Act.

(3) If the master or any member of the ship’s crew permits any person to enter, or negligently fails to prevent any person from entering, on board the ship in contravention of this Regulation, he shall be guilty of an offence against the Act.

(4) Any person employed by the harbor authorities may, for the purpose of enforcing this Regulation, enter on board any ship.

(5) Any person authorized for the purpose by the competent naval or military authority, or any police constable, or officer of Customs, or any person employed by the harbor authorities, may arrest, without warrant, any person who commits, or attempts to commit, a breach of this Regulation.

After paragraph 17a, the following new paragraph is inserted:—

Persons not to enter enclosed wharfs, &c.

17b. (1) If any person shall enter on any wharf which is enclosed or shut off by walls, fences, hurdles, or other obstacles erected to prevent or regulate access thereto, without the permission, in writing, of the competent naval or military authority, or of the owners or occupiers of the wharf, he shall be guilty of an offence against the Act.

Provided that this Regulation shall not apply to—

(a) any person employed by the Commonwealth or State who enters the ship on duty; or

(b) any member of the naval or military forces on duty; or

(c) any person employed by the harbor authorities; or

(d) any member of the crew of a ship moored at such wharf, or any person who enters such wharf for the purpose of embarking therefrom in any ship or boat.

(2) Any person authorized for the purpose by the competent naval or military authority, or any police constable, or officer of Customs, or any person employed by the harbor authorities, may order any person found on any wharf (whether enclosed or not), unless such person has permission, in writing, from the competent naval or military authority, or from the owners or occupiers of the wharf, to be thereon, to leave such wharf forthwith, and any person who fails to comply with any such order shall be guilty of an offence against the Act.

(3) Any person authorized for the purpose by the competent naval or military authority, or any police constable, or officer of Customs, or any person employed by the harbor authorities, may arrest, without warrant, any person who commits, or attempts to commit, a breach of this Regulation.

Before Regulation 18 the following new paragraph is inserted:—

Power to prevent members of Forces from entering premises.

“17d. (1) The competent naval or military authority may by order close any premises either at all times and for all purposes, or except during such hours and for such purposes as may be specified in the order, either to all members of His Majesty’s Forces or to such members of His Majesty’s Forces as may be specified in the order.

(2) If the owner or occupier of any such premises or any person employed by the owner or occupier and having charge of such premises, or (in the case of premises owned or occupied by any corporate body or by any association or unincorporated body of persons) the person or persons who have the control or management of such premises, allows any member of His Majesty’s Forces to whom an order under this paragraph relates to be upon such premises in contravention of the order he shall be guilty of an offence against the Act.”

Paragraph 20, which reads as follows:—

Prohibition against photographing, &c., naval and military work.

“20. (1) No person shall, without the permission of the competent naval or military authority, make any photograph, sketch, plan, model, or other representation of any naval or military work, or of any dock or harbor work, or of any warship, transport, or naval vessel, or, with intent to assist the enemy, of any other place or thing.

(2) No person in the vicinity of any such work shall, without lawful authority or excuse, have in his possession any photographic or other apparatus, or other material or thing suitable for use in making any such representation.

(3) If any person contravenes the provisions of this Regulation, or without lawful authority or excuse has in his possession any representation of any such work of such a nature as is calculated to be or might be directly or indirectly useful to the enemy, he shall be guilty of an offence against the Act.

(4) For the purpose of this Regulation, the expression “harbor work” includes lights, buoys, beacons, marks, and other things for the purpose of facilitating navigation in or into a harbor.”

is cancelled and the following substituted:—

Prohibition against photographing, &c., naval and military work.

“20. (1) No person shall, without the permission of the competent naval or military authority, make any photograph, sketch, plan, model, or other representation of—

(a) any place or thing within any area for the time being specified in an order made by the competent naval or military authority, with the approval of the Naval or Military Board, as being an area within which the making of such representations is prohibited;

(b) any naval or military work, or any dock or harbor work, wherever situate;

(c) any other place or thing of such a nature that such representations thereof are calculated to be, or might be, directly or indirectly, useful to the enemy;

and no person in any such area or in the vicinity of any such work shall without lawful authority or excuse have in his possession any photographic or other apparatus or other material or thing suitably for use in making any such representation.

(2) If any person contravenes the provisions of this Regulation, or without lawful authority or excuse has in his possession any representation of any such work, place, or thing of such a nature that it is calculated to be or might be directly or indirectly useful to the enemy, he shall be guilty of an offence against the Act:

(3) Provided that nothing in this Regulation shall be construed as prohibiting (where otherwise legal) the making of a photograph, sketch, plan, model, or other representation within any photographic or other studio or a private dwelling house or the garden or other premises attached thereto of any person or things therein, or as prohibiting (where otherwise legal) the possession of photographic or other apparatus, materials or things intended solely for use within such studio, dwelling house, or other premises.

(4) For the purposes of this Regulation—

The expression “naval or military work” includes any work of defence, arsenal, dockyard, camp, depôt or building used for the accommodation of any of His Majesty’s forces, ship, aircraft, telegraph or signal station, searchlight, war material, or place where war material is or is intended to be manufactured, repaired or stored;

The expression “dock or harbor work” includes shipyard, landing stage and pier, and any light, buoy, beacon, mark, or other object or thing designed or used for the purpose of facilitating navigation in or into a harbor.”

Alter paragraph 21 the following new paragraph is inserted;-—

Telephone conversations to be in the English language.

“21a. (1) A person shall not converse with any other person by telephone in any other than the English language.

(2) The Postmaster-General may, if he thinks fit, direct that any subscriber’s telephone which the Postmaster-General believes to have been used in contravention of this Regulation be disconnected for such period and on such terms and conditions as the Postmaster-General thinks fit.

(3) Any such disconnection shall be in addition to any penalty imposed for any contravention of sub-Regulation (1) of this Regulation.”

Regulation 28a (inserted as a Provisional Regulation by Statutory Rule No. 228 of 1915, dated 24th November, 1915) which reads as follows:—

Submission of matter before printing or publication.

“28a. (i) The Chief of the General Staff or the Deputy Chief Censor, or any person whom the Chief of the General Staff or the Deputy Chief Censor may authorize to exercise the powers conferred by this Regulation, may by order in writing require the editor or printer or publisher of any newspaper or periodical, or the author or printer or publisher of any matter intended to be printed and published, to submit before publication any matter (whether in manuscript or print) intended for publication which relates to any of the subjects mentioned in Regulation 19, or the publication of which would be an offence under Regulation 28.

(ii) An order may be given under this paragraph in respect of a particular subject, or of all the subjects or matters referred to in sub-paragraph (1) of this Regulation, and in. the case of a newspaper or periodical may be given in respect of a particular issue or of all the issues for a specified period of such newspaper or periodical.

(iii) Any person who fails to comply with, an order given under this Regulation shall be guilty of an offence against the Act.”

is cancelled and the following substituted:—

Submission of matter before printing or publication.

“28a. (1) The Chief of the General Staff or the Deputy Chief Censor, or any person whom the Chief of the General Staff or the Deputy Chief Censor may authorize to exercise the powers conferred by sub-regulation (1) of this Regulation, may by order in writing require the editor or printer or publisher of any newspaper or periodical, or the author or printer or publisher of any matter intended to be printed and published, to submit before publication to any person named in the order any matter (whether in manuscript or print) intended for publication which relates or refers to the present war or to any subject connected therewith or arising therefrom or to any of the subjects mentioned in Regulation 19, or the publication of which would be an offence under Regulation 28.

(2) An order may be given under this Regulation in respect of a particular subject, or of all the subjects or matters referred to in sub-regulation (1) of this Regulation and in the case of a newspaper or periodical may be given in respect of a particular issue or of all the issues for a specified period of such newspaper or periodical.

(3) Any person who fails to comply with an order given under this Regulation shall be guilty of an offence against the Act.

(4) In any case in which an order has been given under this Regulation in respect of any newspaper or periodical or other publication the Minister may give authority for any person or persons appointed by the Chief of the General Staff or the Deputy Chief Censor or any person whom the Chief of the General Staff or the Deputy Chief Censor may authorize to exercise the powers conferred by sub-regulation (1) of this Regulation—

(a) to enter any premises in which any part of any such publication is being set up or printed; and

(b) to remain in such premises so long as there is therein any type or other appliance which has been or is being used or is intended to be used or is in a condition adapted for use in the production of such publication; and

(c) if any such publication contains or is intended to contain—

(i) any matter to which this Regulation relates and which has not been submitted in accordance with this Regulation; or

(ii) any matter to which this Regulation relates and which has been submitted in accordance with this Regulation but which is printed or is intended to be printed either without the permission of the person to whom such matter has been submitted or with alterations not approved by such person.

to seize all copies of such publication or of any part thereof and any type or other appliance which has been or is being used or

is intended to be used or is in a condition adapted for use in the production of such copies and may retain them during the Minister’s pleasure.”

After paragraph 46 the following new paragraph is inserted:—

Assisting escape of prisoners of war an offence.

“46a. If any person assists any prisoner of war or interned person to escape, or knowingly harbors or assists any such person who has escaped, or without lawful authority transmits, either by post or otherwise, or conveys to any prisoner of war or interned person any money or valuable security or any article likely to facilitate the escape of any prisoner of war or interned person, or in any way to interfere with the discipline or administration of any place of detention for prisoners of war or interned persons, he shall be guilty of an offence against these Regulations.”

The following new paragraph is inserted after paragraph 46a:—

Personating officers, &c.

46b. If any person personates or falsely represents himself to be an officer of the Naval or Military Forces or a person employed by the Imperial Government or by the Government of the Commonwealth or of any State or of any part of the British Empire, he shall be guilty of an offence against the Act.

Paragraph 47a is amended by inserting after the word “distress” in the second line of the paragraph the words “or under the provisions of a hire-purchase agreement made prior to the 1st day of June, 1916.”

Regulation 63a is cancelled and the following substituted therefor:—

Restrictions as to aliens may be applied to natural-born subjects of enemy descent.

63a. (1) The competent naval or military authority, or a senior officer of police, may order that all or any of the restrictions imposed on aliens or on alien enemies by any Order made under the Act shall apply to any natural-born subject whose father or whose father’s father was a subject of a Sovereign or State who or which is at war with His Majesty.

(2) Notice in writing of the making of the order shall be given to any person in respect of whom an order under this paragraph is made.

(3) For the purpose of this Regulation any person who was a subject of a Sovereign or State whose territory now forms part of an enemy State shall be deemed to have been a subject of a Sovereign or State who or which is at war with His Majesty.”

 

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