STATUTORY RULES.
1906. No. 48.
REGULATIONS UNDER THE DEFENCE ACTS 1903–1904.
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 Defence Acts 1903–1904, to come into operation on the 1st day of July, 1906.
Dated this twenty-second day of June, One thousand nine hundred and six.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
T. PLAYFORD.
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(Issued provisionally as Statutory Rules No. 80, of 1905.)
Regulations Governing—
(a) The landing of foreign troops and crews of warships;
(b) The use of search lights on board foreign warships; and
(c) The surveying of shore-line by boats from foreign ships.
(a) Landing of Foreign Troops.
1. No parties of soldiers or sailors in the service of any foreign power may be landed from any vessel without permission from His Excellency the Governor-General, obtained by telegraph or otherwise, through the Consular Officer of the country to which the troops belong. An exception is, however, made in the case of individual officers and men while such permission is being obtained.
2. Permission will in ordinary circumstances be granted for the landing of unarmed men for purposes of recreation and for drill, or as picquets to assist the local police, in the numbers, specified by His Excellency the Governor-General.
3. During the docking of a foreign man-of-war or transport for repairs, the crew, &c., thereof may be permitted, if unarmed, to land and camp (or to be quartered) on shore in a locality approved by the Naval or Military Commandant of the District.
4. No armed parties in the service of any foreign power will be allowed to land on Commonwealth Territory, except in the ease of Naval or Military Funerals, when, permission may be granted by the Naval or Military Commandant for the landing of armed parties of sufficient strength to fire the customary salutes.
(b) Use of Search Lights on board Foreign Warships.
Foreign ships of war will not be permitted to use their search lights when visiting any of the fortified Ports of the Commonwealth without permission having first been obtained from the local Port Authorities, who will not grant permission without reference to the Senior Naval or Military Officer at the Station.
(c) Surveying of Shore-line by Boats from Foreign Ships.
The surveying of shore-line by boats belonging to foreign ships will not be permitted.
By Authority: J. Kemp, Acting Government Printer, Melbourne.
Overview
Statutory Rules 1906 No. 48, made under the Defence Acts 1903–1904, was enacted to address concerns about the landing of foreign troops, the use of searchlights on foreign warships, and the surveying of the shoreline by foreign vessels within Australian territory. The regulations came into effect on 1 July 1906, issued by the Governor-General with the advice of the Federal Executive Council. This legislative instrument aims to provide a structured approach to the management of foreign military activities within Australian waters and territory, ensuring that any actions by foreign forces are authorised and controlled, thereby maintaining national security and sovereignty. The regulations stipulate that landing of foreign troops requires prior permission from the Governor-General, with specific conditions for unarmed personnel and during repair periods. The use of searchlights by foreign warships in fortified ports is also subject to local port authorities' approval, and shoreline surveying by foreign vessels is strictly prohibited.
Scope and Application
These regulations, issued under the Defence Acts 1903–1904, establish strict controls over the activities of foreign military personnel and vessels within Australian territory. Specifically, the regulations govern the landing of foreign troops and crews of warships, the use of searchlights on board foreign warships, and the surveying of the shoreline by boats from foreign ships. The rules require that any landing of soldiers or sailors from foreign powers must be authorised by the Governor-General, with certain exceptions for individual officers and men while permission is being sought. Similarly, the use of searchlights on foreign warships in fortified ports is prohibited without prior permission from the local port authorities, who must consult with the senior naval or military officer at the station. Additionally, the regulations prohibit the surveying of the shoreline by boats from foreign ships. These measures are designed to protect Australia's security and sovereignty by ensuring that foreign military activities are closely monitored and controlled within Australian territory.
Key Provisions
The regulations set out in this statutory instrument detail specific requirements and restrictions regarding the activities of foreign troops, warships, and vessels within Australian Commonwealth territory. Under section 1 of the regulation, it is stipulated that any landing of soldiers or sailors serving a foreign power must be authorised by the Governor-General, communicated via telegraph or another method, through the consular officer of the country of the troops. This rule includes an exception for individual officers and men while permission is being sought. Section 2 allows for the landing of unarmed men for recreational activities, drills, or to assist local police, provided the numbers are specified by the Governor-General. Section 3 permits the landing of unarmed crew members of foreign vessels docked for repairs, provided they camp or are quartered in an approved location designated by the Naval or Military Commandant. Section 4 permits armed parties to land for naval or military funerals, with permission granted by the Naval or Military Commandant, and limited to the number necessary to perform customary salutes.
The obligations imposed by these regulations primarily rest on the parties seeking to land foreign troops or conduct activities involving foreign warships and vessels. Section 1 obligates those seeking to land troops to obtain prior permission from the Governor-General. Section 2 requires that any request to land unarmed personnel for recreational or policing purposes must specify the number of individuals involved. Section 3 imposes the obligation on the crew of a foreign vessel in need of repairs to seek permission to land from the Naval or Military Commandant, with the condition that they do so in an approved location. Section 5 mandates that any foreign ship of war wishing to use searchlights in fortified ports must first obtain permission from the local Port Authorities, who must consult with the Senior Naval or Military Officer at the station. Finally, Section 6 prohibits the surveying of the shoreline by boats belonging to foreign ships without explicit permission.
Breaches of these regulations may result in civil or criminal consequences, although the specific penalties are not outlined in the text. However, given the context of national security and the control of military activities within Commonwealth territory, violations could potentially lead to penalties such as fines, imprisonment, or other legal repercussions as deemed appropriate under relevant Australian laws. The severity of the penalties would depend on the nature and extent of the breach, as well as any additional laws or regulations that may apply.