STATUTORY RULES.
1918. No. 274.
REGULATION UNDER THE WAR PRECAUTIONS ACT 1914-1916.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation, under the War Precautions Act 1914-1916, to come into operation forthwith.
Dated this ninth day of October, 1918.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
Amendment of War Precautions (Companies, Firms and Businesses) Regulations.
(Statutory Rules 1916, No. 49, as amended by Statutory Rules 1916, No. 137, and by Statutory Rules 1917, Nos. 11, 35, 289, and 328.)
After regulation 5b of the War Precautions (Companies, Firms and Businesses) Regulations the following regulation is inserted:—
Construction of tramways and public buildings.
“5ba. It shall not be lawful for any person, firm, company, society, club, association or organization, or any Public Department of a State, or any authority constituted under the law of a State, to undertake, without the written consent of the Treasurer of the Commonwealth, the construction or erection of any—
(a) tramway or tramway building or office;
(b) market or market building;
(c) building to be used for a club, library, art gallery, school of art, mechanics’ institute, museum or exhibition of animals;
(d) hall or building to be owned or controlled by a friendly society or other society, association or organization;
(e) church or building to be owned or controlled by an organization connected with a church the cost of which exceeds one thousand pounds;
(f) building in which intoxicating liquors are to be sold; or
(g) additions or alterations, involving an expenditure exceeding two hundred and fifty pounds, to a work or building of any of the classes specified in this regulation.”.
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Acting Government Printer for the State of Victoria.
Overview
Statutory Rules 1918, No. 274, made under the War Precautions Act 1914-1916, addresses the need to regulate construction activities during the First World War to ensure that resources were not diverted from the war effort. Enacted by the Governor-General in Council, this regulation aims to prevent the construction or significant alterations of certain public and commercial buildings without the approval of the Commonwealth Treasurer. The policy objective is to conserve materials and labour for the war effort by restricting the construction of non-essential infrastructure. The regulation specifically targets the construction or alteration of tramways, public buildings, and places of worship, among other structures, thereby imposing strict controls on private and public sector construction activities to support the national war effort.
Scope and Application
The War Precautions (Companies, Firms and Businesses) Regulations made under the War Precautions Act 1914-1916 apply to any person, firm, company, society, club, association, organization, or public department of a state or authority constituted under state law. The regulations specifically prohibit these entities from undertaking the construction or erection of various types of infrastructure without the written consent of the Treasurer of the Commonwealth. These include tramways, market buildings, buildings intended for cultural or educational purposes, buildings controlled by societies or organizations, churches and related buildings exceeding a cost of one thousand pounds, and buildings intended for the sale of intoxicating liquors, among others. Furthermore, any additions or alterations costing more than two hundred and fifty pounds to the specified classes of buildings also require consent. The geographic reach of these regulations is national, affecting all states and territories within the Commonwealth of Australia. There are no exclusions or exemptions explicitly stated in this regulation, and it extends the application of the War Precautions Act by imposing stringent controls on construction activities during the wartime period.
Key Provisions
The main operative sections of the Statutory Rules 1918, No. 274 under the War Precautions Act 1914-1916, focus on imposing restrictions on the construction and alteration of certain types of infrastructure during wartime. Section 5ba inserts a new regulation prohibiting the construction or erection of specific buildings and structures without written consent from the Treasurer of the Commonwealth. This includes tramways, market buildings, cultural and educational institutions, halls or buildings owned or controlled by societies or organizations, churches exceeding a cost of one thousand pounds, and buildings where intoxicating liquors are sold. Additionally, it restricts any additions or alterations involving an expenditure exceeding two hundred and fifty pounds to the aforementioned classes of buildings. These provisions aim to control and manage resources and activities during the wartime period.
The obligations and requirements imposed by this legislation on the parties or entities it governs are stringent. Any person, firm, company, society, club, association, organization, or public department of a State, as well as any authority constituted under the law of a State, must obtain written consent from the Treasurer of the Commonwealth before undertaking any construction or erection activities specified in the regulation. This includes obtaining prior approval for the construction of tramways, market buildings, cultural and educational institutions, and any additions or alterations involving significant expenditure. The purpose of this requirement is to ensure that wartime resources are allocated efficiently and effectively, and to prevent any unauthorised activities that could potentially disrupt the war effort.
There are no explicit offences, penalties, or civil/criminal consequences outlined for breaches of these regulations. However, the regulation itself implies a serious consequence for non-compliance, as it mandates the need for written consent from the Treasurer of the Commonwealth. Failure to obtain such consent could result in legal action or other forms of enforcement to ensure compliance with the wartime restrictions. The gravity of the potential consequences is underscored by the context of wartime, where such activities could be seen as critical to the national effort and security.