STATUTORY RULES
1919. No. 183.
REGULATION UNDER THE WAR PRECAUTIONS ACT 1914-1918.
I, SIR ARTHUR LYULPH STANLEY, Deputy of the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, herein make the following Regulation under the War Precautions Act 1914-1918, to come into operation forthwith.
Dated this sixteenth day of July, 1919.
A. L. STANLEY,
Deputy of the Governor-General.
By His Excellency’s Command,
E. J. RUSSELL,
for Minister of State for Defence.
Amendment of the War Precautions (Coal) Regulations.
(Statutory Rules 1917, No. 195, as amended by Statutory Rules 1917, Nos. 240 and 252, and by Statutory Rules 1919, Nos. 103, 119, 141, 147, and 182.)
After regulation 8a of the War Precautions (Coal) Regulations the following regulation is inserted:—
Restrictions on tram and train services.
“8b.—(1) The Minister or a Coal Board may by notice published in the Gazette impose restrictions subject to such conditions and limitations as the Minister or the Board thinks fit, on the running of electric, steam or cable trams or trains other than trams or trains the property of a State.
(2) The restrictions may include restrictions as to the number of trams or trains which may be run, or the times within or during which trams or trains may be run, and may apply to the whole of the Commonwealth or to the part of the Commonwealth specified in the notice.
(3) Any person firm or company who or which propels any tram or train in contravention of any notice published under this regulation, shall be guilty of an offence.”
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. 183 is a legislative instrument enacted under the War Precautions Act 1914-1918, introduced by the Australian Federal Parliament to address the pressing need for wartime regulations in response to the First World War. This regulation was made by the Deputy of the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and was intended to provide the government with the necessary tools to manage resources and public transportation during the war. The policy objective of this regulation is to allow the Minister or a Coal Board to impose restrictions on the operation of trams and trains, including the number of services and the times they can operate, to ensure efficient use of resources and maintain public safety during the war. The regulation underscores the government's commitment to managing the nation's infrastructure effectively during times of conflict.
Scope and Application
The War Precautions (Coal) Regulations, established under the War Precautions Act 1914-1918, apply to tram and train services across the Commonwealth of Australia, with the exception of those owned by a State. The regulations allow the Minister or a Coal Board to impose restrictions on the operation of electric, steam, or cable trams and trains. These restrictions can pertain to the number of vehicles running or the specific times during which they may operate, and can apply either to the entire Commonwealth or to specified parts of it. Any individual, firm, or company contravening these restrictions by operating trams or trains without compliance shall be considered guilty of an offence. The authority to enact these regulations is vested in the Deputy of the Governor-General, acting with the advice of the Federal Executive Council. This legislative instrument thus extends the scope of wartime precautions to include public transport, ensuring coordination and control over essential services to support the overarching wartime efforts.
Key Provisions
The primary operative sections of these regulations are found under the War Precautions (Coal) Regulations, specifically regulation 8b. This regulation allows the Minister or a Coal Board to impose restrictions on the operation of electric, steam, or cable trams and trains that are not the property of a State. The regulation (8b(1)) authorises the Minister or the Board to publish notices in the Gazette detailing these restrictions. The scope of the restrictions can be tailored to the specific needs of the situation, including limits on the number of trams or trains that can operate and the times during which they can operate (8b(2)). These restrictions can apply to the entire Commonwealth or a specified part of it. It is essential to note that any person, firm, or company contravening these restrictions is committing an offence (8b(3)).
The obligations and requirements imposed by these regulations on the parties or entities they govern are clear and direct. Operators of trams and trains must comply with any notices issued by the Minister or the Coal Board under regulation 8b. This means they must adhere to any restrictions placed on the number of trams or trains they operate and the times during which they can operate. Failure to comply with these published restrictions constitutes an offence, which is explicitly stated in the regulation.
The Act imposes significant consequences for breaches of its provisions. According to regulation 8b(3), any person, firm, or company that propels any tram or train in contravention of any notice published under this regulation commits an offence. While the specific penalties are not detailed in the provided text, it is common for breaches of such regulations to attract penalties under the primary Act, which could include fines or other civil or criminal penalties. The severity of these penalties can vary, but they are designed to ensure compliance with the wartime restrictions imposed by the regulation.