STATUTORY RULES.
1932. No. 127.
REGULATIONS UNDER THE WAR PRECAUTIONS ACT REPEAL ACT 1920-1928.
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 Repeal Act 1920-1928, to come into operation forthwith.
Dated this ninth day of November, 1932.
ISAAC A. ISAACS
Governor-General.
By His Excellency’s Command,
J. A. LYONS
Prime Minister.
Amendment of Publication of Newspapers in Foreign Languages Regulations 1921.
(Statutory Rules 1921, No. 140.)
1. Regulation 2 of the Publication of Newspapers in Foreign Languages Regulations 1921 is repealed and the following regulation inserted in its stead:—
Publication of newspapers in foreign languages.
“2.—(I.) Any person who, without the consent in writing of the Prime Minister or of some person thereto authorized by the Prime Minister, publishes in a foreign language any newspaper or periodical, or any portion thereof, shall be guilty of an offence.
Penalty: One hundred pounds or imprisonment for six months or both.
(2.) The provisions of sub-regulation (1.) of this regulation shall not apply to the publication in a foreign language of any portion of a newspaper or periodical where the portion does not exceed two hundred words.”.
Conditions of consent.
2. Regulation 3 of the Publication of Newspapers in Foreign Languages Regulations 1921 is amended—
(a) by inserting, after the word “periodical”, the words “, or any portion thereof,”; and
(b) by adding at the end thereof the words “, and may be withdrawn at any time by notice served personally on the publisher or by registered letter addressed to him at his last known address, or by notice published in the Gazette”
3547.—Price 3d.
Translation of matter may be required.
3. Regulation 4 of the Publication of Newspapers in Foreign Languages Regulations 1921 is amended by inserting, after the word “periodical”, the words “, or any portion thereof,”.
4. After regulation 4 of the Publication of Newspapers in Foreign Languages Regulations 1921 the following regulation is inserted:—
Publisher to supply copy of newspaper if required.
“4a. The publisher of any newspaper or periodical published in a foreign language shall, whenever so required by notice in writing signed by or on behalf of the Secretary, Prime Minister’s Department, forward or deliver to him or to a person specified in the notice copies of all issues of the newspaper or periodical published during a period stated in the notice, or a copy of any issue specified in the notice.”
By Authority L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1932, No. 127, Regulations under the War Precautions Act Repeal Act 1920-1928, were enacted to make amendments to existing regulations concerning the publication of newspapers in foreign languages. This legislative instrument was introduced to address the need for more stringent control over the dissemination of information in languages other than English, particularly in the context of national security and the aftermath of wartime measures. The Governor-General, Isaac Isaacs, acting with the advice of the Federal Executive Council, made these regulations to come into operation immediately. The overarching objective of these regulations is to ensure that any publication in a foreign language requires explicit consent from the Prime Minister or an authorised person, and to provide the authority to require translations or copies of such publications as necessary.
Scope and Application
The Regulations under the War Precautions Act Repeal Act 1920-1928, specifically amending the Publication of Newspapers in Foreign Languages Regulations 1921, apply to any person who publishes newspapers or periodicals in a foreign language within the Commonwealth of Australia. This encompasses individuals and entities engaged in the publication of such materials. The regulation imposes stringent controls on the publication of foreign language newspapers and periodicals, requiring written consent from the Prime Minister or an authorised delegate to publish any portion of these publications. Exceptions to this requirement include publications not exceeding two hundred words, which are exempt from the need for prior consent. The amended regulations also provide for the potential withdrawal of consent at any time and require publishers to supply copies of their publications upon request. The regulations are applicable nationwide, covering the entire Commonwealth of Australia, and extend to all foreign languages, not limited to any specific geographic area or industry. The penalties for non-compliance are substantial, with fines of up to one hundred pounds, imprisonment for up to six months, or both.
Key Provisions
The Regulations under the War Precautions Act Repeal Act 1920-1928, as amended, provide specific provisions regarding the publication of newspapers and periodicals in foreign languages. Regulation 2 (1) states that any person publishing a newspaper or periodical in a foreign language without the written consent of the Prime Minister or an authorised person shall be guilty of an offence, with penalties including a fine of one hundred pounds, imprisonment for six months, or both (Reg. 2 (1)). However, this provision does not apply to publications that do not exceed two hundred words in a foreign language (Reg. 2 (2)). Regulation 3 clarifies that the consent granted may be withdrawn at any time by serving notice personally, by registered letter, or by publishing in the Gazette (Reg. 3). Regulation 4 (4a) mandates that publishers of foreign language newspapers or periodicals must supply copies to the Secretary, Prime Minister’s Department, upon request, for the specified period or particular issues mentioned in the written notice (Reg. 4a).
The Act imposes several obligations on publishers of foreign language newspapers or periodicals. Primarily, they must obtain written consent from the Prime Minister or an authorised person before publication and may be required to supply copies of their publications to the Secretary, Prime Minister’s Department, upon request (Reg. 2 and Reg. 4a). Consent can be withdrawn at any time, and failure to comply with these requirements can lead to legal consequences (Reg. 3). Publishers must ensure that their publications adhere to the regulations set out in the Act and maintain accurate records of any consents and notices received.
The Regulations establish clear consequences for breaches of the Act. Any person publishing a newspaper or periodical in a foreign language without the required consent commits an offence, with penalties including a fine of one hundred pounds, imprisonment for six months, or both (Reg. 2 (1)). Additionally, failure to supply copies of the publication as required by the Secretary, Prime Minister’s Department, may result in further legal action. These penalties serve as a deterrent to non-compliance and ensure that the provisions of the Act are enforced effectively.