Unlawful Associations Act 1917

Legislation au C1917A00014 Not in force Act

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UNLAWFUL ASSOCIATIONS.

 

No. 14 of 1917.

An Act to amend the Unlawful Associations Act 1916.

[Assented to 27th July, 1917.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Unlawful Associations Act 1917.

(2.) The Unlawful Associations Act 1916 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Unlawful Associations Act 1916–1917.

Unlawful associations.

2. Section three of the Principal Act is amended by adding at the end thereof the following words:— “; and

(c) any association which the Governor-General, by notice published in the Gazette, declares to be in his opinion an unlawful association within the meaning of the last preceding paragraph.

Provided that this last sub-section shall not apply in the case of any association registered under any Arbitration law of the Commonwealth or any State, or any law relating to Trades Unions in any State.”

3. After section three of the Principal Act the following section is inserted:—

Becoming or continuing to be a member of an unlawful association.

“3a. Whoever—

(a) becomes a member of an unlawful association; or

(b) after the expiration of one month, from the commencement of this section, continues to be a member of an unlawful association,

shall be guilty of an offence.

Penalty: Imprisonment for six months”.

Deportation.

4. Section six of the Principal Act is amended—

(a) by omitting the words “not being a natural-born British subject born in Australia” ; and

(b) by omitting the words “either of the last two preceding sections” and inserting in their stead the words “any one of the last three preceding sections and who fails to satisfy the Attorney-General that he is a natural-born British subject born in Australia.”


5. After section seven of the Principal Act the following sections are inserted:—

Giving or soliciting contributions for unlawful association.”

“7a. Whoever—

(a) knowingly gives or contributes money or goods to an unlawful association; or

(b) receives or solicits subscriptions or contributions of money or goods for an unlawful association,

shall be guilty of an offence.

Penalty: Imprisonment for six months.

Books, &c., Issued by unlawful association not transmissible by post

“7b.—(1.) No book, periodical, pamphlet, handbill, poster or newspaper issued by or on behalf or in the interests of any unlawful association shall—

(a) if posted in Australia be transmitted through the post; or

(b) in the case of a newspaper, be registered as a newspaper under the provisions of the Post and Telegraph Act 1901–1916.

“(2.) Any newspaper registered prior to the commencement of this section which is issued by or on behalf or in the interests of any unlawful association shall, as soon as practicable after the commencement of this section, be removed from the register.

“(3.) Any book, periodical, pamphlet, handbill, poster or newspaper posted in Australia, the transmission of which would be a contravention of this Act, shall be forwarded to the General Post Office of the State in which it was posted, and shall be forfeited to the Commonwealth and shall be destroyed or disposed of as the Minister directs.

Prohibition of sale of books, &c., issued by unlawful association.

“7c. Any person who knowingly prints, publishes, sells or exposes for sale any book, periodical, pamphlet, handbill, poster or newspaper issued or intended to be issued by or on behalf or in the interests of any unlawful association shall be guilty of an offence.

Penalty: Imprisonment for six months.

Members of unlawful association to be ineligible for Public Service.

“7d. After the expiration of one month from the commencement of this section, no member of an unlawful association shall be eligible to be or to continue to be a member of the Public Service of the Commonwealth, or to hold any office or employment, permanent or temporary, under the Commonwealth or any authority of the Commonwealth.

Forfeiture of property held by an unlawful association.

“7e.—(1.) All property of any kind, real or personal, belonging to an unlawful association, or held by any person for or on behalf of an unlawful association, may be taken possession of or seized by any person thereto authorized by a Minister of State or by a prescribed authority, and shall thereupon be forfeited to the Commonwealth.

“(2.) All books, periodicals, pamphlets, hand-bills, posters, or newspapers issued by or on behalf of an unlawful association, or advocating an unlawful association or its propaganda, may be seized by any person thereto authorized by a Minister of State or by a prescribed authority, and shall thereupon be forfeited to the Commonwealth.


“(3.) Where any property has been taken possession of or seized as forfeited under this Act, unless any claimant thereafter enters an action against the Commonwealth within one month for recovery of the property and after due prosecution of the action establishes his claim, the property shall be deemed to be condemned without further proceedings, and may be disposed of as directed by the Minister.

Proof of membership of an association.

“7f. In any prosecution under this Act, proof that the defendant has at any time since the beginning of the present war been a member of an association shall, in the absence of proof to the contrary, be evidence that he has continued to be a member of the association at all times material to the case and proof that the defendant has since the beginning of the war repeatedly—

(a) attended meetings of the association; or

(b) spoken publicly in advocacy of the association; or

(c) distributed literature of the association,

shall, in the absence of proof to the contrary, be evidence that he was a member of the association.

Evidence of unlawful intent or purpose.

“7g. Where, in any prosecution under the law of the Commonwealth, any question of unlawful intent or purpose is in issue, the fact that the accused is a member of an unlawful association which practises, advocates or incites to action with that intent or purpose, shall be deemed to be relevant to the issue.

Power to enter premises and seize documents.

“7h. Any person thereto authorized by a Minister of State, or by a prescribed authority, may at any hour of the day or night, with such assistance as he may require, break into and enter any premises or place owned or occupied by an unlawful association, or in which any member of an unlawful association or any property of an unlawful association is believed to be, and seize any articles, books, documents or papers found therein.”

 

Overview

The Unlawful Associations Act 1917, enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, aimed to address the problem of unlawful associations during a time of heightened national security concerns, particularly in the context of World War I. This Act sought to strengthen the existing framework under the Unlawful Associations Act 1916 by expanding the definition of unlawful associations and imposing stricter penalties and prohibitions. The primary policy objective was to prevent and suppress the activities of associations that could be deemed a threat to national security, including those advocating for actions against the Commonwealth. The Act empowered the Governor-General to declare associations as unlawful, restricted the membership of such associations, and imposed penalties for membership, financial contributions, and the distribution of association materials. Additionally, the Act disqualified members of unlawful associations from public service positions and allowed for the forfeiture of their property.

Scope and Application

The Unlawful Associations Act 1917 amends the Unlawful Associations Act 1916 to extend the scope and penalties associated with unlawful associations, with a particular focus on prohibiting membership and activities related to such associations. The Act applies to any person who becomes or continues to be a member of an association declared unlawful by the Governor-General. The Act further imposes penalties on those who knowingly contribute to or receive funds for unlawful associations, as well as those who distribute or sell literature issued by these associations. Additionally, the Act prohibits the transmission of such literature through the postal service and mandates the forfeiture of property belonging to unlawful associations. The Act also excludes associations registered under arbitration or trade union laws of the Commonwealth or any State from being declared unlawful. The legislation extends its reach to the entire Commonwealth of Australia, encompassing all states and territories. The Act does not explicitly state exclusions or exemptions, but it does provide certain protections and procedures, such as the requirement for a claimant to enter an action against the Commonwealth within one month for recovery of forfeited property. The application of the Act can be further extended or restricted through subordinate instruments, as authorised by a Minister of State or a prescribed authority.

Key Provisions

The main operative sections of the Unlawful Associations Act 1917 (C1917A00014) amend and expand upon the provisions of the Unlawful Associations Act 1916. Section 2(c) adds to the definition of "unlawful association" by allowing the Governor-General to declare an association unlawful through a notice in the Gazette, except for those registered under arbitration or trade union laws. Section 3a criminalises becoming or continuing to be a member of an unlawful association, with a penalty of imprisonment for six months. Section 4 modifies the deportation criteria by removing specific eligibility conditions and requiring the Attorney-General's confirmation of British subject status. Additionally, sections 7a to 7h introduce further offences related to financial contributions, distribution of association materials, eligibility for public service positions, and the forfeiture of property held by unlawful associations. The Act imposes various obligations and requirements on parties and entities it governs. Firstly, it mandates that members of unlawful associations cannot remain in the Public Service or hold any Commonwealth office or employment after one month from the Act's commencement (section 7d). Secondly, it prohibits the transmission of books, periodicals, pamphlets, handbills, posters, or newspapers issued by unlawful associations through the post or their registration as newspapers (section 7b). Thirdly, it forbids the sale or exposure for sale of such materials (section 7c). Furthermore, the Act requires the seizure and forfeiture of any property belonging to unlawful associations or held for their benefit (section 7e). Additionally, it allows authorised persons to enter and search premises associated with unlawful associations and seize relevant documents (section 7h). Breaches of the Act carry specific offences and penalties. For instance, becoming or continuing to be a member of an unlawful association after one month from the Act's commencement is an offence punishable by imprisonment for six months (section 3a). Similarly, knowingly giving or soliciting contributions for an unlawful association is an offence with the same penalty (section 7a). Distributing materials issued by unlawful associations through the post or selling such materials is also an offence, each carrying a penalty of imprisonment for six months (sections 7b and 7c). Additionally, the Act provides for the seizure and forfeiture of property belonging to unlawful associations, with no further proceedings required if a claimant does not pursue legal action within one month (section 7e(3)). Failure to comply with these provisions results in criminal charges and associated penalties.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.