War Precautions (Companies, Firms and Businesses) Regulations 1916 (Amendment)

Overview

This statutory instrument, numbered 1917L00328 and enacted in 1917, serves as a regulation under the War Precautions Act 1914-1916. It was made by the Governor-General in Council, acting on advice from the Federal Executive Council, and is intended to amend the War Precautions (Companies, Firms, and Businesses) Regulations. The overarching aim of these regulations is to provide necessary measures to safeguard the nation during wartime, with this specific amendment focusing on prohibiting the use of buildings or structures for amusement purposes if a contravention of the regulations has occurred. The policy objective is to ensure compliance with wartime restrictions and maintain public order and safety during periods of conflict. The regulation empowers the Treasurer to issue written notices to individuals, firms, companies, societies, clubs, or associations, or to publish such notices in the Gazette, directing that specified buildings or structures should not be used for amusement purposes either for a defined period or until the direction is revoked. Non-compliance with this directive is an offence, with penalties applicable for each day of unauthorised use. This legislative action underscores the Commonwealth Government's intent to enforce strict control over public activities and resources during times of national emergency, ensuring that such resources are not misused or endangered during critical periods.

Scope and Application

The War Precautions (Companies, Firms, and Businesses) Regulations, as amended by Statutory Rules 1916, Nos. 49, 137, and 1917, Nos. 11, 35, and 289, apply to any person, firm, company, society, club or association and encompass the prohibition of buildings or structures used for amusement purposes if a contravention of the War Precautions Act 1914-1916 is identified. The amendment made by these regulations is that the Treasurer can issue a written notice or publish it in the Gazette to direct the cessation of amusement use in a building or structure, and failure to comply with this directive can result in an offence. The regulations apply across the Commonwealth of Australia and are enforceable by the Treasurer. There are no specific exclusions, exemptions, or thresholds mentioned in the text. The scope of the application may be further extended or restricted through subordinate instruments as deemed necessary by the Treasurer under the War Precautions Act 1914-1916.

Key Provisions

The key operative section of these Regulations (Regulation 5b) allows the Treasurer to prohibit the use of specific buildings or structures for amusement purposes if there is a contravention of the War Precautions (Companies, Firms, and Businesses) Regulations. This prohibition can be communicated through a written notice to the relevant person, firm, company, society, club, or association or by publication in the Gazette. The notice can either specify a certain period during which the prohibition applies or remain in effect until the Treasurer issues a revocation. This measure aims to ensure that buildings or structures are not used for amusement if they are found to be in violation of the existing regulations. The Regulations impose several obligations and requirements on the parties governed by them. Firstly, the Treasurer has the authority to direct that a building or structure should not be used for amusement if there is a contravention of the existing regulations. This decision must be made in writing and communicated either directly to the relevant entity or through publication in the Gazette. Furthermore, any person, firm, company, society, club, or association must comply with this direction by refraining from using or permitting the use of the specified building or structure for amusement purposes during the specified period or until the direction is revoked. Failure to comply with the prohibition imposed by the Regulations can result in legal consequences. Specifically, any person, firm, company, society, club, or association that uses or permits the use of the specified building or structure for amusement during the period specified by the Treasurer or until the direction is revoked will be guilty of an offence. The Regulations do not explicitly state the penalties for such an offence, so it would be necessary to refer to the War Precautions Act 1914-1916 or other relevant legislation to determine the specific penalties that may apply.