STATUTORY RULES.
1919. No. 74.
REGULATION UNDER THE DEFENCE ACT 1903–1918.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation, under the Defence Act, 1903–1918, to come into operation forthwith.
Dated this second day of April, 1919.
R. M. FERGUSON
Governor-General.
By His Excellency’s Command,
E. J. RUSSELL,
Acting Minister of State for Defence.
Amendment of Australian Military Regulations 1916.
(Statutory Rules 1916, No. 166, as amended to this date.)
After regulation 1320 of the Australian Military Regulations the following regulation is inserted:—
Defacing posters, &c.
“1321.—(1) Any person who without lawful authority damages, defaces, removes or destroys any poster, notice or other document displayed by or under the authority of the Department of Defence or the Department of the Navy or any officer of either of those Departments shall be guilty of an offence and shall, on conviction by a Court of summary jurisdiction, be liable to a penalty not exceeding Twenty pounds, or imprisonment, with or without hard labour, for a period not exceeding three months.
“(2) In any proceedings for an offence under this regulation the averment of the prosecutor that a poster, notice or other document was displayed by or under the authority of the Department of Defence or the Department of the Navy or any officer of either of those Departments shall be deemed to be proved in the absence of proof to the contrary.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1919, No. 74, made under the Defence Act 1903–1918, address the need for stricter measures to protect military communications and documents from unauthorised interference. Enacted by the Governor-General in Council, this regulation aims to safeguard the integrity of posters, notices, and other documents displayed by or under the authority of the Department of Defence or the Department of the Navy. By imposing penalties for damaging, defacing, removing, or destroying such materials without lawful authority, the regulation seeks to deter such actions and maintain the security and order within the military. The objective of these provisions is to ensure that military communications and directives are not compromised, thereby supporting the overall operational effectiveness and discipline of the armed forces.
Scope and Application
The regulation introduced by Statutory Rules 1919, No. 74 under the Defence Act 1903–1918 pertains to the defacement of posters and other documents authorised by the Department of Defence or the Department of the Navy. This regulation applies to any person who damages, defaces, removes, or destroys any poster, notice, or other document displayed by or under the authority of these departments or any of their officers without lawful authority. The regulation imposes a penalty on conviction by a Court of summary jurisdiction, which can include a fine not exceeding twenty pounds or imprisonment for a period not exceeding three months, with or without hard labour. This regulation serves to protect official communications and materials used by the Department of Defence and the Department of the Navy, ensuring their integrity and availability for the purposes of national defence. The regulation extends to the entire Commonwealth of Australia and applies equally to all persons within its jurisdiction, without any stated exclusions or exemptions. The regulation does not explicitly mention any subordinate instruments that might extend or restrict its application, implying that it stands as is without further legislative modification.
Key Provisions
The Regulation under the Defence Act 1903–1918 amends the Australian Military Regulations 1916 by inserting a new regulation, numbered 1321, following regulation 1320. This new regulation, section 1321, prohibits any person from damaging, defacing, removing, or destroying any poster, notice, or other document displayed by or under the authority of the Department of Defence, the Department of the Navy, or any officer of either department without lawful authority. Conviction for such an offence can result in a fine of up to Twenty pounds or imprisonment for up to three months, with or without hard labour, at the discretion of a Court of summary jurisdiction.
Under this Regulation, the obligations imposed on individuals are clear: any interaction with posters, notices, or documents displayed by the Department of Defence, the Department of the Navy, or their officers must be done with lawful authority. This means that if someone were to damage, deface, remove, or destroy such documents without permission, they would be in breach of the law. Furthermore, the onus of proof lies on the prosecutor to establish that the document in question was indeed displayed by the authorised department or officer, unless disproven by the defence.
In terms of the penalties and consequences for breaches of this Regulation, section 1321 specifies that any person found guilty of damaging, defacing, removing, or destroying an authorised document will face a penalty of up to Twenty pounds or imprisonment for up to three months, with the option for hard labour. The penalty is to be determined by a Court of summary jurisdiction, indicating that the matter will be heard in a court with limited jurisdiction, typically dealing with less severe criminal matters. The severity of the penalties underscores the importance of adhering to the regulation and respecting the authority of the Defence and Navy departments in their operations.