War Precautions Regulations 1915 (Amendment) (Cth)

STATUTORY RULES.

1918. No. 104.

_______

REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1916.

War Precautions Regulations 1915—Regulation 19a—Amendment.

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

Dated this seventeenth day of April, 1918,

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

_____

War Precautions Regulations 1915.

Amendment.

Regulation 19a (Statutory Rules No. 47, of 1916) is cancelled, and the following substituted:—

Prohibition against communication with enemy agents.

“19a. Where a person without lawful authority or excuse, either within or without the Commonwealth, at any time since the commencement of the war, has been in communication with or has attempted to communicate with an enemy agent, and is subsequently found within the Commonwealth, he shall be guilty of an offence against these Regulations unless he proves that he did not know and had no reason to suspect that the person with whom he so communicated or attempted to communicate was an enemy agent.

For the purposes of this regulation, but without prejudice to the generality of the foregoing provision—

(a) a person shall, unless he proves the contrary, be deemed to have been in communication with an enemy agent if—

(i) he has either within or without the Commonwealth, visited the address of an enemy agent or consorted with an enemy agent; or

(ii) either within or without the Commonwealth the name or address or any other information regarding an enemy agent has been found in his possession or has been supplied by him to any other person, or has been obtained by him from any other person;

C.5805.—Price 3d.

(b) the expression ‘enemy agent’ includes any person who is or has been, or is reasonably suspected of being or having been, employed by the enemy either directly or indirectly for the purpose of committing an act either within or without the Commonwealth which, if done within the Commonwealth would be a contravention of these Regulations or who has, or is reasonably suspected of having, either within or without the Commonwealth, committed or attempted to commit such an act with the intention of assisting the enemy;

(c) any address, whether within or without the Commonwealth, reasonably suspected of being an address used for the receipt of communications intended for the enemy, or any address at which an enemy agent resides or to which he resorts, shall be deemed to be the address of an agent and communications addressed to such an address to be communications with an enemy agent.”

__________________________

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