War Precautions Regulations 1915 (Amendment) (Cth)

STATUTORY RULES.

1917. No. 191.

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REGULATION 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 fifteenth day of August, 1917.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

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Amendments of War Precautions Regulations re Ships and Wharfs.

Regulation 17a is cancelled, and the following substituted:—

Persons not to enter ships without permission.

17a. (1) If any person enters on board any merchant ship which engages in oversea or Inter-State trade or any other ship to which the Naval Board may from time to time order that this Regulation shall apply, while such ship is moored alongside any wharf or pier, or is in any harbor or in the territorial waters adjacent to the Commonwealth, 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 Naval Board may from time to time give directions as to any matter relating to the granting of permission to enter on board ships, and any person who fails to comply with any such direction shall be guilty of an offence against the Act.

(3) 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.

(4) 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.

C.10796—Price 3d.

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

(6) 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.

Regulation 17b is amended by inserting after the word “wharf” wherever occurring the words ‘‘or pier’’ and by inserting after sub-regulation (1) the following sub-regulation:—

(1a) The Naval Board may from time to time give directions as to any matter relating to the granting of permission to enter on any wharf or pier and any person who fails to comply with any such direction shall be guilty of an offence against the Act.

The following new Regulations are inserted after Regulation 17e : —

Safeguarding Ships and Wharfs.

Enclosure, lighting and provision of buildings on wharfs.

17ee. The Naval Board may by order in writing fixed to any wharf or pier require the owner thereof to do to the satisfaction of the Naval Board in all respects in accordance with any directions contained in any order made by the Naval Board any of the following things in respect of the wharf or pier or any specified part thereof:—

(a) To enclose the same.

(b) To provide lights thereon and to maintain any lighting apparatus thereon in an efficient condition and to light any lights thereon at such times and to keep them lighted during such periods as the Naval Board may from time to time direct.

(c) To provide and erect thereon buildings for use by guards and by workmen engaged in loading or unloading ships and tables, forms, hooks or other furniture or equipment for use in the said buildings.

If any such order is not complied with to the satisfaction of the Naval Board, the Naval Board may do all things directed by this order to be done, and the cost thereof shall be deemed to be a debt due from the said owner to the King on behalf of the Commonwealth, and may be recovered in any Court of competent jurisdiction at the suit of the Naval Secretary.

Power to search persons and goods at ships and wharfs.

17f. Any person authorized for the purpose by the competent Naval or Military authority, or any police constable, or any officer of Customs may—

(a) Search any male person who is on or about to enter upon any wharf, pier or ship.

(b)Require any female person who is on or about to enter upon any wharf, pier or ship to submit to search by a female searcher.

(c) Search any package, parcel, bundle, cask, box, case, billy, bag, trunk or other receptacle of whatever kind which is on or about to be brought upon any wharf, pier or ship.

(d) Prohibit the carrying on to any specified wharfs, piers, or ships of any package, parcel, bundle, cask, box, case, billy, bag, trunk, or other receptacle of whatever kind

 

save and except bonâ fide cargo, bonâ fide passengers’ luggage and bonâ fide stores or other necessary articles for the ship.

If any person resists or obstructs any such search or acts in contravention of such prohibition, he shall be guilty of an offence against the Act.

Removal of dangerous goods from wharfs.

17g. Any person authorized by the competent Naval or Military authority may order the owner or occupier of any wharf, pier or part thereof on which explosive or highly combustible goods are placed or stored, or the owner or consignee of any such goods, to remove the same from the wharf, pier or part thereof within a reasonable specified time, and any person who fails to comply with any order given under this Regulation shall be guilty of an offence against the Act.

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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.