War Precautions Regulations 1915 (Amendment) (Provisional) (Cth)

STATUTORY RULES.

1916. No. 30.

 

PROVISIONAL REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1915.

War Precautions Regulations 1915—Regulation 17a—Amendment.

Regulation 17b—Addition.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the War Precautions Act 1914-1915 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations:—

Dated this fifteenth day of March, One thousand nine hundred and sixteen.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

 

War Precautions Regulations 1915.

Amendment and Addition.

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.

C.3311.—PRICE 3D.

(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 atempts 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.

Persons not to enter enclosed wharfs, &c.,

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

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.