WAR PRECAUTIONS.
No. 37 of 1918.
An Act to extend the duration of the War Precautions Act 1914–1916 and for other purposes.
[Assented to 25th December, 1918.]
Preamble.
WHEREAS by the War Precautions Act 1914–1916 it is enacted that the Governor-General may make Regulations and Orders for securing the public safety and the defence of the Commonwealth:
And whereas the said Act and the Regulations and Orders thereunder continue in operation during the continuance of the present state of war, and no longer:
And whereas it may not be possible before the war has ceased to make complete provision for a return to the normal conditions of peace:
And whereas the expiration of the said Act and of all Order’s and Regulations made thereunder, in the absence of such provision, would cause great public danger and inconvenience:
Be it therefore enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1.—(1.) This Act may be cited as the War Precautions Act 1918.
(2.) The War Precautions Act 1914–1916 is in this Act referred to as the Principal Act.
(3.) The Principal Act as amended by this Act may be cited as the War Precautions Act 1914–1918.
Duration of Act.
2.—(1.) Section two of the Principal Act is amended by inserting in sub-section (1.) thereof after the words “state of war” the words “and for a period of three months thereafter or until the thirty-first day of July One thousand nine hundred and nineteen, whichever period is the longer,”.
(2.) The period during which the Principal Act continues in operation by virtue of sub-section (1.) of this section is in this Act referred to as “the extended period during which the Principal Act remains in force”.
Continuation of existing Regulations, &c.
3. All regulations orders and proclamations lawfully made pursuant to the Principal Act shall, except in so far as they are amended or repealed, continue in operation during the extended period during which the Principal Act remains in force and no longer:
Provided that any regulation order or proclamation heretofore made, or any provision therein contained, operating by force of its terms for a longer period than the extended period during which the Principal Act remains in force shall remain in force unless amended or repealed during the period provided in such regulation order proclamation or provision.
Application of terms used in Principal Act.
4. The terms “enemy”, “alien enemies” and “persons having enemy associations or connexions” used in the Principal Act in relation to any person, shall apply, during the operation of that Act, to any person to whom they would have applied during the continuance of the present war.
Overview
The War Precautions Act 1918, enacted by the Parliament of Australia, extends the duration of the War Precautions Act 1914–1916 to mitigate public safety risks and ensure national defence during the post-war transition. The original Act was intended to provide emergency powers during the First World War, but the 1918 Act recognises the potential for continued instability and public danger even after the war has formally ended. It aims to provide a legal framework for the Governor-General to maintain necessary regulations and orders until a stable peace can be assured, with the Act remaining in effect for at least three months after the cessation of hostilities or until 31 July 1919, whichever is longer. This extension allows for a measured approach to dismantling wartime measures, ensuring that the Commonwealth can respond to any unforeseen challenges that may arise during the transition period.
Scope and Application
The War Precautions Act 1918 applies to any person, entity, or conduct that falls within the definitions and scope of the War Precautions Act 1914–1916, which it amends and extends. This includes provisions related to the public safety and defence of the Commonwealth. Geographically, the Act operates under the jurisdiction of the Commonwealth of Australia and applies nationally. The Act extends the duration of the Principal Act, thereby continuing its application for a period of three months after the end of the war or until 31 July 1919, whichever is the longer. Any regulations, orders, or proclamations made under the Principal Act continue to apply during this extended period unless amended or repealed. Notably, any regulations, orders, or provisions that are set to operate beyond the extended period will remain in force unless specifically altered during this period. There are no explicit exclusions or exemptions stated in the Act, and its application may be further defined through subordinate instruments.
Key Provisions
The main operative sections of the War Precautions Act 1918 (section 1) provide that this Act may be cited as such and refers to the previous Act as the Principal Act. Section 2 amends the Principal Act to extend its duration beyond the end of the state of war, specifically until the longer of three months after the war's end or 31 July 1919. This extended period is referred to as "the extended period during which the Principal Act remains in force". Under section 3, all regulations, orders, and proclamations made under the Principal Act remain in force unless amended or repealed, provided they do not exceed the extended period. Section 4 ensures that the definitions of "enemy", "alien enemies", and "persons having enemy associations or connections" from the Principal Act continue to apply during this extended period.
The Act imposes several obligations on the parties it governs, primarily concerning the continuation and enforcement of regulations, orders, and proclamations made under the Principal Act. It mandates that these existing measures remain in effect unless specifically amended or repealed within the extended period (section 3). The Act also ensures that the definitions of key terms such as "enemy" and "alien enemies" remain unchanged and applicable during this period (section 4). This implies that authorities responsible for implementing these measures must ensure they are still valid and enforceable beyond the end of the war.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the provided text of the Act. However, given the nature of wartime legislation, it is reasonable to infer that any breaches of the regulations, orders, or proclamations continued under this Act could lead to legal action. Typically, such actions might include fines, imprisonment, or other penalties as prescribed by the existing regulations or other applicable laws. The exact nature and severity of these penalties would be determined by the specific provisions of the regulations, orders, or proclamations themselves, rather than the Act itself.