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

STATUTORY RULES.

1915. No. 229.

 

PROVISIONAL REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1915.

War Precautions Regulations 1915—Regulation 50—Amendment.—Regulation 56R—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 twenty-ninth day of November. One thousand nine hundred and fifteen.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command.

ALBERT GARDINER.

 

War Precautions Regulations 1915.

Addition and Amendment.

Regulation 50. which reads—

Powers of Search, Arrest, Etc.

Power to search premises, &c.

“50. The competent naval or military authority, or any person duly authorized by him, if he has reason to suspect that any house, building, land, vehicle, vessel, aircraft, or other premises, or any things therein, are being or have been constructed, used, or kept for any purpose or in any way prejudicial to the public safety or the defence of the Commonwealth, or that an offence against the Act is being or has been committed thereon or therein—

(a) May enter, if need be by force, the house, building, land, vehicle, vessel, aircraft, or premises at any time of the day or night, and examine, search, and inspect the same, or any part thereof; and

(b) may seize anything found therein which he has reason to suspect is being used or intended to be used for any such purpose as aforesaid, or is being kept or used in contravention of these Regulations (including, where a report or statement in contravention of Regulation 28 has appeared in any newspaper or other printed publication, any type or other plant used or capable of being used for the printing or production of the newspaper or other publication); and

 

(c) may order anything so seized to be destroyed or otherwise disposed of.”

is cancelled, and the following substituted therefor—

Power to search premises, &c.

“50. The competent naval or military authority, or any person duly authorized by him, if he has reason to suspect that any house, building, land, vehicle, vessel, aircraft, or other premises, or any things therein, are being or have been constructed, used, or kept for any purpose or in any way prejudicial to the public safety or the defence of the Commonwealth, or that an offence against the Act is being or has been committed thereon or therein, or that there is thereon or therein anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of any such offence, or anything as to which there is reasonable ground for believing that it is intended to be used for the purpose of committing any such offence—

(а) may enter, if need be by force, the house, building, land, vehicle, vessel, aircraft, or premises at any time of the day or night, and examine, search, and inspect the same, or any part thereof; and

(b) may search any male person found therein, and may require any female person found therein to submit to search by a female searcher; and

(c) may seize anything found upon any such search which he has reason to suspect is being used or intended to be used for any such purpose as aforesaid, or is being kept or used in contravention of these Regulations (including, where a report or statement in contravention of Regulation 28 has appeared in any newspaper other printed publication, any type or other plant used or capable or being used for the printing or production of the newspaper or other publication), or anything which he has reasonable grounds to believe will afford evidence as to the commission if any such offence as aforesaid; and

(a) may order anything so seized to be destroyed or otherwise disposed of.”

After Regulation 56 insert the following new R

British Subjects Leaving the Commonwealth.

(1) No male British subject whose age exceeds seventeen years and does not exceed forty-five years shall leave or attempt to leave the Commonwealth unless a passport has been issued to him by the Department of External Affairs.

(2) Any person authorized for the purpose by the competent naval or military authority, or any police constable or Officer of Customs, may arrest without warrant any person who attempts to leave the Commonwealth in contravention of this Regulation.”

 

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

C.1751.—Price 3D.