War Precautions Regulations 1915 (Amendment) (Cth)

STATUTORY RULES.

1916. No. 282.

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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 ninth day of November, 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.

Regulations 2 (Amendment), 41b and 4 (Additions), 46 and 46b

(Amendments).

Regulation 2 is amended by inserting the following words after the definition of “Matter”:—

“ ‘Officer of Police’ includes any member of the Police Force”; and by inserting the following words after the definition of “The Minister”:—

“War Material” includes arms, ammunition warlike stores and equipment, and everything required for or in connexion with the production thereof.

After Regulation 41a insert the following new Regulation:.

Use of drugs interfering with medical examination prohibited.

41b.—(1) For the purposes of this Regulation—

The word “recruit” includes any person called upon by proclamation under the Defence Act 1903-1915 or under any other Act to enlist in or serve as a member of His Majesty’s Naval or Military Forces and any person about to or liable to present himself for medical examination to determine his fitness to serve as a member of His Majesty’s Naval or Military Forces.

The expression “prohibited substance” includes any substance or article the effect of which upon or the use of which by a recruit might result in a medical examiner being deceived as to the normal mental or physical condition of the recruit.

(2) Any person who sells or supplies or who offers to sell or supply to or for the use of a recruit a prohibited substance or a substance for the purpose of being used as a prohibited substance shall be guilty of an offence against the Act.

(3) Any merchant, trader, dealer, or shopkeeper on whose behalf or at whose place of business any prohibited substance 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.

C.14346.—Price 3d.

 

After Regulation 42b insert the following new Regulation:—

Prohibition of sale of phosphorus without permission.

42c.—(1) Any person who, without the written permission of a competent naval or military authority or of a police constable, buys or sells, exchanges, trades in, gives away or in any manner whatsoever disposes of or deals in phosphorus shall be guilty of an offence against the Act.

(2) Any merchant, trader, dealer, or shopkeeper on whose behalf or at whose place of business phosphorus 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.

Regulations 46 and 46b are cancelled, and the following substituted therefor:—

46.—If any person-

Forgery, personation, &c.

(a)forges, alters, or tampers with any naval, military, police, or official pass, permit, certificate, licence, or other document, or any passport, certificate of naturalization, letter of safe conduct, consular certificate or other official document evidencing the nationality or identity of the person named in it, or without lawful authority uses or has in his possession any such forged, altered, or irregular pass or other document; or

(b) personates, or falsely represents himself to be or not to be a person to whom such a pass or other document has been duly issued, or with intent to obtain such pass or other document whether for himself or for any other person, knowingly makes any false statement; or

(c) destroys, makes away with, by wilful neglect loses, or without lawful authority allows any other person to have possession of, any such pass or other document issued for his use alone; or without lawful authority has in his possession any such pass or other document issued for the use of some person other than himself; or

(d)on obtaining possession of any such pass or other document, by finding or otherwise, neglects or fails to restore or send it to the person or authority by whom or for whose use it was issued or to a police constable; or

(e) without lawful authority applies to any vessel, building structure, premises, vehicle or other article, any lights letters, colours, or other marks, for the time being used to indicate that the vessel, building, structure, premise vehicle or other article to which they are applied are used for naval or military purposes, or any lights, letters colours, or marks, so nearly resembling the same as to be calculated to deceive, or any lights, letters, colours or marks, calculated to lead to the belief that the vessel building, structure, premises, vehicle or other article is the property or is being used for the service of His Majesty or any Government Department; or removes defaces, alters or adds to any such lights, letters, colours or marks which have been lawfully so applied; or

(f) without lawful authority or excuse, applies to any war material any mark for the time being duly authorized to be used to indicate that the material to which it is applied is of a particular quality or quantity, or has

 

been tested or submitted or selected for test by or on behalf of the Admiralty or Army Council or the Minister for the Navy or the Minister for Defence, or any mark so nearly resembling the same as to be calculated to deceive, or removes, defaces, alters, or adds to any such mark which has been lawfully so applied; or

(g)without lawful authority or excuse, applies to any paper, any die, seal, or other mark for the time being used to indicate that the paper to which it is applied is used for naval or military purposes, or any die, seal, or mark so resembling the same as to be calculated to deceive, or uses any paper to which any such die, seal, or other mark has been lawfully so applied; or

(h)personates or falsely represents himself to be a person in the employment of or acting for or on behalf of His Majesty or the Government of the Commonwealth or of any State or of any part of the British Empire or any foreign Government or, without lawful authority or excuse, makes any statement or does any act or thing calculated to induce the belief that he is in any way connected with any such Government; or

(i) makes any statement or does any act intended or calculated to mislead or deceive any person in the employment of or acting for or on behalf of His Majesty or the Government of the Commonwealth or of any State or of any part of the British Empire, or the Government of any Allied State as to the quantity or quality of any war material or other goods, or otherwise in relation to the manufacture, testing or supply thereof, or with the like intent withholds any information in his possession—

he 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.