STATUTORY RULES.
1917. No. 233.
REGULATIONS 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 Regulations, under the War Precautions Act 1914-1916, to come into operation forthwith.
Dated this thirteenth day of September, One thousand nine hundred and seventeen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE
Minister of State for Defence.
War Precautions (Control of Sports) Regulations.
Short title.
1. These Regulations may be cited as the War Precautions (Control of Sports) Regulations 1917
Control of sports.
2.—(1.) The Minister, or any person duly authorized in that behalf by him, may by notice in the Gazette or by notification served on any person, club or association concerned, prohibit the holding of any race meeting for horses or any competition or contest in boxing, football, foot-racing or other atheltic game or sport:
Provided that the Minister or any such authorized person may, on such terms and conditions as he thinks fit, permit the holding of any race meeting, competition or contest which has been prohibited in pursuance of this Regulation.
(2.) Any notification by the Minister in pursuance of this Regulation—
(a) may be served on the person to whom it is addressed; or
(b) may be left at the last known address of the person;
or, in the case of clubs and associations—
(c) may be served on the president, chairman, secretary or other proper officer of the club or association: or
(d) may be left at the office of the club or association, and any notification so served or left shall, for the purposes of these Regulations, be deemed to have been duly served.
Promoting prohibited race meeting &c.
3. Any person who promotes, organizes, holds, or knowingly takes part in any race meeting, competition, contest, game or sport prohibited in pursuance of these Regulations shall be guilty of an offence.
Permitting prohibited race meeting, &c., to be held on racecourse, &c.
4. If any person who is the owner, lessee, or occupier of, or who has control of, any race-course, recreation ground or other place, suffers or permits to be held thereon any race meeting, competition, contest, game or sport which is prohibited in pursuance of these Regulations, he 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.
C.12367.—Price 3d.
Overview
The War Precautions (Control of Sports) Regulations 1917 were enacted by the Governor-General in Council under the authority of the War Precautions Act 1914-1916 to address the need for stringent measures to be implemented during wartime, including the control of sports and recreational activities that could potentially distract from the war effort or otherwise be deemed detrimental under the circumstances. The enacting body, the Governor-General in Council, was exercising powers delegated by the Commonwealth Parliament to ensure national security and to manage resources efficiently in the context of World War I. The policy objective of these regulations was to maintain public order and to focus national attention and resources on the war effort by prohibiting certain sports and athletic events deemed unnecessary or potentially hazardous during the war.
Scope and Application
The War Precautions (Control of Sports) Regulations 1917 apply to all individuals, clubs, associations, and entities that organise or participate in sports activities within the Commonwealth of Australia. The Act empowers the Minister or any duly authorized person to prohibit the holding of any horse race meeting or any competition or contest in boxing, football, foot-racing, or other athletic games or sports. This prohibition can be communicated through notices in the Gazette or through direct notification to the relevant parties. The Act stipulates that such notifications can be deemed served if they are left at the last known address of the individual or the office of the club or association. Additionally, the Act criminalises the promotion, organisation, or participation in any prohibited race meeting, competition, contest, game, or sport. Furthermore, it holds accountable any person who permits such prohibited activities to be held on their property, whether they are the owner, lessee, occupier, or controller of the premises. These regulations extend to the entire Commonwealth and are not restricted to specific states or territories, reflecting a nationwide approach to controlling sports activities during the war.
Key Provisions
The War Precautions (Control of Sports) Regulations 1917 (Regulations) primarily provide the Minister with the authority to prohibit the holding of certain sports events during the war period. Section 2(1) allows the Minister, or an authorized person, to prohibit any race meeting for horses or competitions in boxing, football, foot-racing, or other athletic games or sports by issuing a notice in the Gazette or directly notifying the relevant person, club, or association. However, the Minister or the authorized person may permit these prohibited events to be held under certain conditions as deemed fit. The notification under this section can be served personally, left at the last known address, or delivered to the club's or association's president, chairman, secretary, or other proper officer, or left at their office, and it is considered duly served if these procedures are followed.
The Regulations impose several obligations on the parties they govern. Firstly, they require individuals or entities involved in the promotion, organization, or participation in sports events to comply with the Minister's decisions. Under Section 3, any person who promotes, organizes, holds, or knowingly takes part in any race meeting, competition, contest, game, or sport that has been prohibited under these Regulations commits an offence. Additionally, Section 4 places a responsibility on the owners, lessees, occupiers, or those in control of any racecourse, recreation ground, or other place, to ensure that no prohibited race meeting, competition, contest, game, or sport is held on their property.
Breach of these Regulations can lead to various civil and criminal consequences. According to Section 3, any person who promotes, organizes, holds, or knowingly takes part in a prohibited event is guilty of an offence. Similarly, under Section 4, any person who suffers or permits a prohibited event to be held on their property is also guilty of an offence. While the exact penalties for these offences are not specified in the text provided, typically, such breaches could result in fines or other penalties as prescribed by the relevant legislation or courts. The severity of the penalty might depend on the nature of the offence and any relevant case law.