STATUTORY RULES.
1916. No. 14.
PROVISIONAL REGULATION UNDER THE WAR CENSUS ACT 1915.
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 Regulation under the War Census Act 1915 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this second day of February, One thousand nine hundred and sixteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
H. MAHON,
Acting Attorney-General.
The War Census Act 1915.
Declaration by Persons acting on an Enlistment Committee—Section 12.
I...........................of............................. being a person acting on an Enlistment Committee in connexion with the War Census and the scheme of enlistment thereunder, and executing duties imposed under the above-named Act or the Regulations, do solemnly and sincerely promise and declare that I will faithfully and to the best of my ability execute the duties so imposed, and that I will not wilfully or without lawful authority alter any document or form under the said Act, or wilfully sign any untrue document or form, or, except as allowed by the said Act or the Regulations, divulge the contents of any form filled up in pursuance of the said Act, or any information furnished in pursuance of the said Act.
Declared at....................this........................day of ,19
*.............................
Before me†..........................
Signature of Officer.
Signature of Justice of the Peace, or Commissioner for Affidavits, or Commissioner for Declarations.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.1048.—Price 3d.
Overview
The Provisional Regulation under the War Census Act 1915 was enacted in 1916 by the Governor-General in Council, in response to the urgent need to manage the census and enlistment processes during the First World War. This legislative instrument was introduced to ensure that individuals acting on enlistment committees were properly bound to their duties and to maintain the integrity of the documents and information collected under the War Census Act 1915. The policy objective of these regulations was to uphold the reliability and security of the census and enlistment records, which were critical for the war effort. This Provisional Regulation came into immediate effect to address the pressing circumstances of the time, demonstrating the legislative agility required to respond to national emergencies.
Scope and Application
The Provisional Regulation under the War Census Act 1915 applies to any individual acting on an Enlistment Committee in connection with the war census and the scheme of enlistment. This includes those executing duties imposed under the Act or the Regulations. These persons are required to make a solemn and sincere declaration that they will faithfully and to the best of their ability execute their duties, and refrain from altering any documents without lawful authority, signing any untrue documents, or divulging the contents of any form or information furnished under the Act unless allowed. The regulation is enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and comes into immediate operation due to urgency. The geographic reach of this legislation is national, applying across the Commonwealth of Australia. There are no stated exclusions, exemptions, or thresholds in the provided excerpt of the regulation. However, the scope and application of the regulation may be extended or restricted through subordinate instruments, as indicated by the use of the term "Regulations" in the text.
Key Provisions
The main operative sections of this Statutory Rule establish the Provisional Regulation under the War Census Act 1915, which comes into immediate effect due to urgency (Section 1). This regulation mandates the declaration by individuals acting on Enlistment Committees in relation to the War Census and the enlistment scheme. Specifically, Section 12 requires these individuals to solemnly and sincerely declare their commitment to faithfully executing their duties, refraining from altering documents without lawful authority, signing any untrue documents, or divulging the contents of forms or information provided under the Act without permission.
The obligations and requirements imposed by this Act are primarily centred on the integrity and confidentiality of the information collected during the War Census and the enlistment process. Individuals acting on Enlistment Committees must adhere strictly to the duties imposed upon them, ensuring that they do not alter, missign, or improperly disclose any information related to the census or enlistment activities. They must also ensure that all documents and forms are completed accurately and truthfully. The solemn declaration outlined in Section 12 serves as a formal commitment to these obligations, reinforcing the importance of honesty and fidelity in their roles.
Failure to comply with the provisions of the War Census Act 1915 and the Provisional Regulation could result in various civil or criminal consequences. While specific penalties are not detailed in the Statutory Rule, breaches of such declarations could potentially be pursued under the general provisions of the Act. Offences related to the wilful alteration of documents, signing of untrue documents, or improper disclosure of information could attract penalties as outlined in the main Act, which may include fines or imprisonment depending on the severity and intent of the breach. The solemnity of the declaration in Section 12 underscores the seriousness with which the law regards these obligations.