WAR PRECAUTIONS.
No. 10 of 1914.
An Act to enable the Governor-General to make Regulations and Orders for the safety of the Commonwealth during the present state of war.
[Assented to 29th October, 1914.]
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 incorporation.
1. This Act may be cited as the War Precautions Act 1914, and shall be incorporated and read as one with the Defence Act 1903–1912.
Duration of Act.
2.—(1.) This Act shall continue in operation during the continuance of the present state of war, and no longer.
(2.) For the purposes of this Act, the present state of war means the period from the fourth day of August One thousand nine hundred and fourteen, at the hour of eleven o’clock post meridiem reckoned according to Greenwich standard time, until the issue of a proclamation by the Governor-General that the war between His Majesty the King and the German Emperor and between His Majesty the King and the Emperor of Austria King of Hungary has ceased.
Application of Act to regulations, &c., made since commencement of state of war.
3. All regulations and orders made by the Governor-General since the commencement of the present state of war shall be deemed to have been made in pursuance of the powers conferred by this Act, and any contravention thereof or non-compliance therewith, whether before or after the commencement of this Act, shall be deemed to be an offence against this Act and shall be punishable accordingly.
Regulations.
4.—(1.) The Governor-General may make regulations for securing the public safety and the defence of the Commonwealth, and for conferring such powers and imposing such duties as he
thinks fit, with reference thereto, upon the Naval Board and the Military Board and the members of the Naval and Military Forces of the Commonwealth.
(2.) The regulations may authorize the trial by Courts-Martial and punishment of persons contravening any of the provisions of such regulations designed—
(a) to prevent persons communicating with the enemy, or obtaining information for that purpose or for any purpose calculated to jeopardize the success of the operations of any of His Majesty’s forces, in Australia or elsewhere, or to assist the enemy; or
(b) to secures the safety of any means of communication, or of any railways, docks, harbors, or public works; or
(c) to prevent the spread of reports likely to cause disaffection or alarm,
in like manner as if such persons were members of the Military Forces of the Commonwealth and had on active service committed an offence under section five of the Army Act.
Orders in Council.
5. The Governor-General may by order published in the Gazette make provision for any matters which appear necessary or expedient with a view to the public safety and the defence of the Commonwealth, and…
Overview
The War Precautions Act 1914 was enacted by the Parliament of the Commonwealth of Australia to address the pressing need for regulatory measures during the state of war that commenced on 4 August 1914. This legislation was designed to empower the Governor-General to make necessary regulations and orders to ensure the safety and defence of the Commonwealth. The Act was intended to remain in effect only for the duration of the war, ceasing upon the proclamation of its conclusion by the Governor-General. The primary policy objective of this Act was to facilitate the establishment of stringent controls over activities that could potentially compromise national security, including restrictions on communication with the enemy, the protection of critical infrastructure, and the management of information dissemination to prevent disaffection or alarm.
The Act authorises the Governor-General to create regulations aimed at securing public safety and defence, which include the imposition of penalties for contraventions. Additionally, it allows for the issuance of orders in council to manage various aspects such as the prohibition of aliens from entering or residing in Australia, their deportation, and the imposition of specific conditions on their residence and activities. This comprehensive legislative framework was critical in ensuring that the Commonwealth could respond effectively to the exigencies of war.
Scope and Application
The War Precautions Act 1914 applies to all persons within the Commonwealth of Australia during the specified period of war, as defined by the Act. It empowers the Governor-General to issue regulations and orders for the safety and defence of the Commonwealth, thereby extending its reach to include any individuals, entities, and industries operating within Australia's borders. The Act authorises the Governor-General to control the movement and activities of aliens and naturalized persons, manage the flow of information, and regulate the sending of goods and money outside of Australia. Additionally, the Act provides for the trial and punishment of individuals who contravene its regulations or orders through Courts-Martial, with the potential for penalties including fines and imprisonment. The Act also extends its authority through subordinate instruments, allowing for the creation, revocation, and alteration of regulations and orders as deemed necessary for public safety and defence.
Key Provisions
- The War Precautions Act 1914 (sections 1-11) provides the Governor-General with extensive powers to make regulations and orders aimed at ensuring public safety and the defence of the Commonwealth during the First World War. The Act is incorporated and read as one with the Defence Act 1903–1912 (section 1). It is in effect only for the duration of the war, specifically from August 4, 1914, until a proclamation by the Governor-General declares the war's end (section 2). All regulations and orders issued by the Governor-General since the war's commencement are deemed to be made under the authority of this Act, with any non-compliance being an offence punishable under the Act (section 3).
- The Governor-General has the authority to make regulations for public safety and defence, including the trial and punishment of individuals who contravene regulations (section 4). These regulations may target actions such as communication with the enemy, threats to communication means, and the spread of alarming or disaffecting reports. Additionally, the Governor-General can make orders in Council to prohibit or control the actions of aliens and others, including prohibiting landing, deporting, restricting residence, requiring registration, preventing the export of goods, and appointing officers to enforce these measures (section 5).
- Contravention of any regulation or order made under the Act is an offence, punishable by a fine of up to one hundred pounds, imprisonment for up to six months, or both (section 6). Aiding, abetting, counselling, or procuring any offence under the Act is considered the commission of that offence itself (section 7). Courts have the power to require individuals convicted of offences under the Act to enter into recognizances to comply with regulations or orders, with failure to comply resulting in imprisonment for up to six months (section 8). The onus of proving non-alien status lies with the accused (section 9), and the Governor-General can revoke or alter orders as necessary (section 10). The powers granted under this Act are supplementary to other powers (section 11).
- Area of Law
- National Security Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Regulatory Standards
- Enforcement Powers