STATUTORY RULES.
1905. No. 80.
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PROVISIONAL 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 certify that, on account of urgency, the following Regulations under the Defence Acts 1903-1904 should come into immediate operation and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this 14th day of December, One thousand nine hundred and five.
NORTHCOTE.
Governor-General.
By His Excellency’s Command,
T. PLAYFORD.
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 pirquets 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 case of Naval or Military, Funerals, when permission may be printed 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 Shoreline by Boats from Foreign Ships.
The surveying of shore-line by boats belonging to foreign ships will not be permitted.
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By Authority: Robt. s. Brain, Government Printer, Melbourne.
Overview
The Provisional Regulations under the Defence Acts 1903-1904 were enacted in 1905 by the Governor-General, on behalf of the Commonwealth of Australia, with the advice of the Federal Executive Council. These regulations were introduced to address immediate security concerns regarding the landing of foreign troops, the use of searchlights on foreign warships, and the surveying of shorelines by foreign vessels. The regulations required explicit permission from the Governor-General for the landing of foreign troops, permitted the landing of unarmed personnel for recreational or policing purposes, and prohibited the use of searchlights in fortified ports without prior consent from local authorities. Additionally, the surveying of shorelines by boats from foreign ships was explicitly forbidden under these regulations, aiming to safeguard Australian territorial waters and interests.
Scope and Application
The Provisional Regulations under the Defence Acts 1903-1904, established on December 14, 1905, govern the activities of foreign troops, warships, and their crews within Commonwealth territory. These regulations apply to any foreign military personnel or crews from warships that seek to land on Australian shores, use searchlights in fortified ports, or conduct shoreline surveys. The regulations require explicit permission from the Governor-General for the landing of foreign troops and crews, with specific conditions such as granting permission for unarmed men for recreational purposes or assisting local police, and exceptions for individual officers and men while permission is being sought. The use of searchlights by foreign warships in fortified ports is also strictly controlled, requiring prior consent from local port authorities, which must consult with senior naval or military officers. Additionally, the regulations prohibit the surveying of shorelines by boats from foreign ships, underscoring the stringent measures in place to safeguard Australian territorial waters and sovereignty. The scope of these regulations is extensive, applying to any foreign military presence within Australia's jurisdiction, with no stated exclusions or exemptions, thereby ensuring a robust framework for the control and oversight of foreign military activities within the Commonwealth.
Key Provisions
The Provisional Regulations under the Defence Acts 1903-1904 address several critical aspects of national security and maritime protocol. Section 1(a) specifies the landing of foreign troops and crews of warships. It mandates that any landing of soldiers or sailors from a foreign vessel must be authorised by the Governor-General, typically communicated via telegraph through the relevant Consular Officer, with the exception of individual officers or men while permission is being sought (Section 1(a)1). Typically, permission is granted for the landing of unarmed individuals for recreation, drill, or as auxiliary police, subject to the quantities specified by the Governor-General (Section 1(a)2). Additionally, during the docking of foreign warships or transports for repairs, the unarmed crew may be allowed to land and camp on shore, provided they do so in a location approved by the Naval or Military Commandant of the District (Section 1(a)3). Armed parties from foreign powers are generally prohibited from landing on Commonwealth Territory, with a specific exception for Naval or Military funerals, where armed parties may be permitted to land if authorised by the Naval or Military Commandant (Section 1(a)4).
These regulations impose specific obligations on foreign entities and individuals. Foreign powers must seek explicit permission from the Governor-General before landing troops or crews, adhering to the stipulated conditions and exceptions (Section 1(a)1). The local Port Authorities and Senior Naval or Military Officers play a significant role in overseeing these permissions, ensuring that foreign warships comply with the regulations governing the use of search lights in fortified ports (Section 1(b)). Furthermore, any surveying of the shoreline by boats from foreign ships is strictly prohibited, reinforcing the need for meticulous oversight and control over maritime activities near Commonwealth shores (Section 1(c)).
Violations of these regulations carry potential penalties and consequences. While the specific penalties are not detailed in the text, breaches of these provisions could lead to legal action under the Defence Acts 1903-1904. Non-compliance might result in civil or criminal penalties, depending on the severity and nature of the breach. For example, unauthorised landing of armed personnel could lead to significant legal repercussions, including fines or other punitive measures. Given the sensitive nature of these regulations, adherence is crucial to maintaining national security and maritime order.