STATUTORY RULES.
1915. No. 130.
REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1915.
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 1914-1915, to come into operation forthwith:—
Such Regulations shall supersede the Provisional Regulations (Statutory Rules 1915, No. 77) under the said Act, made on the 19th day of May, 1915; the Provisional Regulations (Statutory Rules 1915, No. 81) under the said Act, made on the 26th day of May, 1915; the Provisional Regulations (Statutory Rules 1915, No. 105) under the said Act, made on the 23rd day of June, 1915; and the Provisional Regulations (Statutory Rules 1915, No. 119) under the said Act, made on the 14th day of July, 1915.
Dated this twenty-eighth day of July, One thousand nine hundred and fifteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
THE WAR PRECAUTIONS REGULATIONS 1915.
Introductory.
Short title
1. These Regulations may be cited as the War Precautions Regulations 1915.
2. In these Regulations—
Definitions
“Competent naval or military authority” means any commissioned officer of His Majesty’s Naval or Military Forces, or of the Commonwealth Naval or Military Forces, not below the rank of Lieutenant-Commander in the Navy or Field Officer in the Army, appointed by the Naval Board or the Military Board under Regulation 63 of these Regulations, or by the Admiralty or Army Council, as the case may be, to perform in any place the duties of such an authority, and includes any person to whom the powers of the competent naval or military authority are delegated in accordance with that regulation.
“His Majesty’s Naval and Military Forces” include the Commonwealth Naval and Military Forces; and “Naval or Military Forces” and “Forces” include both His Majesty’s Forces and the Commonwealth Forces.
“The Act” means the War Precautions Act 1914-1915.
“The Minister” means the Minister of State for Defence.
C.9761.—Price 1s.
Directions as to non-interference with persons and property.
3. (1) The ordinary avocations of life and the enjoyment of property shall be interfered with as little as may be permitted by the exigencies of the measures required to be taken for securing the public safety and the defence of the Commonwealth, and ordinary civil offences dealt with by the civil tribunals in the ordinary course of law.
(2) Nothing in these Regulations shall be construed as affecting the right to trial by a civil court of persons, other than alien enemies or persons subject to the Naval Discipline Act or to military law, for offences against the Act.
(3) The Naval and Military Boards, and members of the Naval and Military Forces, and other persons executing the following Regulations shall, in carrying those Regulations into effect, observe these general principles.
Powers in regard to Land, Buildings, &c.
Power to take possession of land, &c.
4. It shall be lawful for the competent naval or military authority and any person duly authorized by…
Overview
The War Precautions Regulations 1915 were introduced to address the urgent need for measures to ensure national security and the defence of the Commonwealth during times of war. Enacted under the War Precautions Act 1914-1915 by the Governor-General in Council, these regulations were designed to provide the necessary powers to competent naval and military authorities to take actions that safeguard public safety and the nation's defence. The policy objective of these regulations was to enable swift and effective responses to threats, including the protection of critical infrastructure, the regulation of activities that could compromise security, and the control of information that might be detrimental to the war effort.
Scope and Application
The War Precautions Regulations 1915 apply to all persons within the Commonwealth of Australia, including both citizens and non-citizens, and extend to any property, vehicles, and other assets located within Australian jurisdiction. These regulations are designed to provide comprehensive measures for securing public safety and the defence of the Commonwealth during a state of war. They cover a wide range of activities, including the requisitioning of land and buildings for military purposes, the control of vehicles and goods, the regulation of factories producing war materials, and the management of licensed premises. The regulations also address the control of communication and information, prohibiting the collection, communication, or possession of information that might be useful to the enemy, and restrict the use of various forms of communication equipment. Additionally, the regulations cover the prevention of various activities that could endanger public safety or military defence, such as the unauthorized possession of firearms and explosives, the spread of alarming reports, and the use of signalling devices. Compliance with these regulations is mandatory, and failure to comply can result in severe penalties, including fines and imprisonment. The regulations are enforced by designated competent naval or military authorities, who have extensive powers to search, arrest, and detain individuals suspected of violating the regulations. The Minister of State for Defence has the authority to issue orders and make decisions regarding the application of these regulations, and the powers conferred by these regulations are supplementary to any other powers exercisable for the purpose of securing public safety and defence.
Key Provisions
- The War Precautions Regulations 1915, made under the War Precautions Act 1914-1915, provide a comprehensive set of provisions aimed at ensuring public safety and the defence of the Commonwealth during a period of war. The Regulations cover various aspects, including the protection of property, control over communications, restrictions on the movement of people, and the regulation of activities that could pose a threat to national security. These Regulations, as referenced in Section 1, supersede previous Provisional Regulations made earlier in 1915.
- Key provisions of the Regulations include the authority to take possession of land and property for the purposes of national defence (Section 4), the power to requisition factories and their outputs (Section 10), the ability to close licensed premises and extinguish lights (Sections 12 and 13), and the authority to prevent the embarkation of persons suspected of communicating with the enemy (Section 24). Additionally, the Regulations prohibit the possession and use of various items such as firearms, carrier pigeons, and wireless telegraphic apparatus (Sections 22-23), and they impose restrictions on the publication and communication of sensitive information (Section 19). They also mandate compliance with navigation regulations in harbours and the prohibition of trespass on and injury to railways and military works (Sections 37-39).
- The Regulations impose several obligations on individuals and entities, such as complying with orders to remove property, provide information, or cease certain activities (Sections 8-9). They also require the production of permits or permissions when requested by authorised personnel (Section 62). Furthermore, the Regulations mandate the duty of compliance with orders issued by the competent naval or military authority or other authorised persons (Section 48).
- Breach of the Regulations results in various offences, with potential civil and criminal consequences. Offences under the Act can be tried either by a civil court or by a court martial, depending on the nature of the offence and the status of the accused (Sections 57-58). Penalties for offences include fines and imprisonment, with the specific maximum penalties varying depending on the offence (as per Section 58). Additionally, the Regulations provide for the forfeiture of goods in respect of which the offence has been committed (Section 59).
- Overall, the War Precautions Regulations 1915 represent a broad and detailed framework designed to address the exigencies of wartime by providing the necessary legal authority to safeguard the nation's interests and ensure public safety.
- Area of Law
- National Security Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Offence Provisions
- Enforcement Powers
- Prohibited Conduct
- Review & Sunset Clauses