War Precautions Regulations 1915 (Amendment) (Cth)

STATUTORY RULES.

1918. No. 257.

REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1916.

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.

Dated this twenty-fifth day of September, 1918.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

 

Amendment of War Precautions Regulations as Amended to this Date.

1. Regulations 28a and 28aa of the War Precautions Regulations are repealed and the following regulation is inserted in their stead:—

Submission of matter before printing or publication. Power to prohibit printing.

“28a.—(1.) For the purposes of this regulation—‘Censor’ includes—

(a) the Chief of the General Staff;

(b) the Deputy Chief Censor;

(c) any officer of the Censorship Staff doing duty in the subject-matter in relation to which the expression is used; and

(d) any person whom the Chief of the General Staff or the Deputy Chief Censor from time to time authorizes to exercise all or any of the powers conferred on a Censor by this regulation:

‘Matter’ means any words or pictorial representation—

(a) relating or referring to the present war or to any subject connected therewith or arising therefrom or to any of the subjects mentioned in regulation 19; or

(b) the printing or publishing of which would be contrary to any regulation:

‘Possession’ includes exclusive, joint and common ownership, possession, custody, control, occupation and use of the matter or premises or place, in relation to which the expression is used:

‘Publication’ includes a newspaper, periodical and any form of printed words or pictorial representation intended or apparently intended for circulation or distribution:

‘Type’, in connection with a publication or unlawful matter, includes any type or other appliance which has been or is being used, or is intended or apparently intended to be used, or is in a condition adapted for use, in the printing or production of the publication or unlawful matter.

‘Unlawful matter’ means any matter the writing, printing, publishing or distributing of which would be—

(a) likely to be injurious to the public safety or welfare; or

(b) contrary to any regulation, or to any direction of a Censor:

“(2.) A Censor may from time to time by a Censor’s Order to Submit, served upon—

(a) the editor, printer or publisher of a newspaper; or

(b) the author, printer or publisher of any matter intended to be printed or published—

require any matter intended to be printed or published to be submitted to the Censorship in accordance with the terms of the Order.

“(3.) Every Order served by a Censor and not withdrawn prior to the commencement of this regulation, by which any person was required to submit before publication any matter intended to be printed and published, shall be deemed to be, and shall have the effect of, a Censor’s Order to Submit validly made and served under this regulation.

“(4.) A Censor’s Order to Submit shall be in writing, signed by a Censor, and—

(a) may relate to any matter intended to be printed or published; or

(b) may relate to one or more classes of matter; or

(c) in the case of a newspaper or periodical may relate to one or more issues or to all issues for a specified period of the newspaper or periodical.

“(5.) A Censor’s Order to Submit may—

(a) in the case of the editor, printer or publisher of a newspaper or periodical, be served by being left at the office of the newspaper or periodical with some person apparently employed therein and apparently over the age of sixteen years; and

(b) in any other case, be served upon the author, printer or publisher of the matter intended to be printed or published.

“(6.) If after a Censor’s Order to Submit has been served upon the editor, printer or publisher of a newspaper or periodical any matter to which the Order relates is published in the newspaper or periodical—

(a) without having been submitted to the Censorship in accordance with the terms of the Order; or

(b) without having been approved by a Censor—

the editor, printer, publisher and proprietor of the newspaper or periodical shall be guilty of an offence against this Act.

“(7.) If after a Censor’s Order to Submit has been served upon the author, printer or publisher of any matter intended to be printed or published, the matter is printed or published—

(a) without having; been submitted to the Censorship in accordance with the terms of the Order; or

(b) without having been approved by a Censor—

the author, printer and publisher of the matter shall be guilty of an offence against the Act.

“(8) (a) Any person who, without lawful authority (proof whereof shall lie upon him) prints (otherwise than for submission to the Censorship), publishes, sells or distributes any matter—

(i) which has not been previously submitted to the Censorship; or

(ii) which has not been previously approved by a Censor—

shall be guilty of an offence against the Act.

“(b) This sub-regulation shall not apply to any matter published in a newspaper registered under the Post and Telegraph Act 1901-1916.

“(9.) A Censor may either orally or in writing forbid the printing, publishing or distributing of the whole or any part of any matter or of any class of matter within the meaning of this regulation.

“(10.) Any person who prints, publishes, sells or distributes any matter the printing, publishing or distributing of which has been forbidden by a Censor, shall be guilty of an offence against the Act.

“(11.) In any prosecution for an offence under this regulation a certificate signed by a Censor, stating one or more of the following, namely:—

(a) that the matter referred to in the certificate was printed or published without having been submitted to the Censorship in accordance with the Censor’s Order to Submit relating to the matter;

(b) that the matter referred to in the certificate was printed or published without having been approved by a Censor;

(c) that the matter referred to in the certificate was printed, published, sold or distributed without having been previously submitted to the Censorship;

(d) that the matter referred to in the certificate was printed, published, sold or distributed without having been previously approved by a Censor; and

(e) that the printing, publishing or distributing of the matter referred to in the certificate was forbidden by a Censor—

shall be evidence of the fact stated.

“(12.) Whenever a Censor’s Order to Submit has been served under this regulation, any Censor thereto authorized in writing by the Minister may—

(a) enter any premises in which any part of the publication referred to in the Censor’s Order to Submit is being set up or printed; and

(b) remain in the premises so long as there is therein any type for the publication.

“(13.) If the publication referred to in the last preceding sub-regulation contains or is apparently intended to contain—

(a) any matter not submitted to the Censorship; or

(b) any matter the printing, publishing or distributing of which has been forbidden by a Censor—

the Censor may seize all copies of the publication or of any parts thereof and any type for the publication.

“(14.) A Censor may—

(a) enter, if need be by force, and search any premises in which he suspects there may be unlawful matter, or any type for unlawful matter; and

(b) seize any unlawful matter and any type for unlawful matter.

“(15.) Anything seized under this regulation may be destroyed or otherwise disposed of or dealt with as the Deputy Chief Censor directs.

“(16.) (a) Any person who has unlawful matter in his possession or on any premises or place in his possession in circumstances indicating that the matter is to be printed, published, sold or distributed either by him or by any other person, shall be guilty of an offence against the Act.

“(b) Possession by any person of two or more copies of any unlawful matter shall be evidence that the matter is intended to be distributed by the person.

“(17.) Any order, direction or approval by a Censor under this regulation may be served or given by post or by telegraph, and on proof of posting, or lodging of the telegram for transmission, shall, unless the contrary be shown, be deemed to have been duly served upon or given to and received by the addressee on the day and at the time when in the ordinary course it should have been received at the place to which it was addressed.”.

2. Regulation 28ad of the War Precautions Regulations is repealed.

 

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Acting Government Printer for the State of Victoria.