STATUTORY RULES.
1919. No. 173.
REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914–1918.
I, SIR ARTHUR LYULPH STANLEY, the Deputy of 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 1914–1918, to come into operation forthwith.
Dated this second day of July, 1919.
A. L. STANLEY,
Deputy of the Governor-General.
By His Excellency’s Command,
E. J. RUSSELL,
Acting Minister of State for Defence.
Amendment of War Precautions (Active Service Moratorium) Regulations 1916.
(Statutory Rules 1916, No. 163, as amended by Statutory Rules 1916, No. 283, Statutory Rules 1917, No. 271, Statutory Rules 1918, Nos. 81, 238, and 314; and by Statutory Rules 1919, No. 112.)
1. Regulation 3 of the War Precautions (Active Service Moratorium) Regulations is amended by omitting the words “and not earlier” and inserting in their stead the words “as declared by the Governor-General by Proclamation, or upon the expiration of six months after the discharge of the member of the Forces, or his death before discharge, whichever last happens.”
2. Regulation 4 of the War Precautions (Active Service Moratorium) Regulations is amended—
(a) by omitting from sub-regulation (1) the words “and not earlier” (wherever occurring) ; and
(b) by adding at the end of sub-regulation (1) the words “as declared by the Governor-General by proclamation, or upon the expiration of six months after the discharge of the member of the Forces, or his death before discharge, whichever last happens.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1919 No. 173, titled "Regulations under the War Precautions Act 1914–1918," was enacted to amend the existing War Precautions (Active Service Moratorium) Regulations 1916. These regulations were introduced by the Commonwealth of Australia to manage the implications of World War I on domestic affairs and to ensure that the legal framework could adapt to the evolving situation. This legislative instrument was issued by Sir Arthur Lyulph Stanley, the Deputy of the Governor-General, acting with the advice of the Federal Executive Council, to immediately implement the required changes. The primary aim of these amendments was to align the moratorium on certain legal actions and proceedings with the cessation of active service or the conclusion of a service member's involvement in the war, thereby facilitating a smoother transition for affected individuals and maintaining legal certainty during a period of national crisis.
Scope and Application
The Statutory Rules 1919, No. 173 amends the War Precautions (Active Service Moratorium) Regulations 1916 to adjust the conditions under which certain activities related to war precautions are suspended or resumed. This legislative instrument applies to individuals and entities that were subject to the original moratorium, particularly those engaged in activities that were paused to support the war effort. The regulation pertains to the Commonwealth of Australia, extending its influence across the entire nation, as mandated by the War Precautions Act 1914–1918. The amendments affect the timing for the resumption of activities, which now depends on either a proclamation by the Governor-General or the passage of six months after the discharge of a member of the Forces, or their death before discharge, whichever occurs last. This regulation effectively extends or restricts the application of the original moratorium by modifying the criteria for its expiration, ensuring that the resumption of activities is tied to the cessation of war conditions or the conclusion of military service.
Key Provisions
The Regulations under the War Precautions Act 1914–1918, specifically amending the War Precautions (Active Service Moratorium) Regulations 1916, introduce key changes in the timing of the cessation of certain wartime moratoriums on activities such as legal proceedings. Regulation 3 is amended to allow the moratorium to end either when declared by the Governor-General through a proclamation or six months after the discharge of a member of the Forces or their death, whichever occurs last (Regulation 3). Similarly, Regulation 4 is amended to remove the restriction of not proceeding earlier and to incorporate the same timing conditions as Regulation 3 (Regulation 4). These provisions provide flexibility in the timing of resumption of activities previously halted by wartime regulations.
These Regulations impose specific obligations on parties affected by the wartime moratoriums. They require those who were subject to the moratoriums to await either the proclamation by the Governor-General or the passage of six months following the discharge or death of a member of the Forces before resuming activities such as legal proceedings (Regulations 3 and 4). This means that the timing of when such activities can be restarted is now contingent upon one of these two events, rather than being strictly bound by a set period from the end of active service or the war itself.
Failure to comply with these Regulations may lead to legal consequences. Although the specific penalties are not detailed in the excerpt, it is clear that the Regulations are intended to maintain the integrity of the wartime moratoriums until the specified conditions are met. The consequences of breaching these provisions could potentially include fines, imprisonment, or other penalties as prescribed under the overarching War Precautions Act 1914–1918. The exact penalties would be determined by the courts in accordance with the applicable laws at the time.