STATUTORY RULES.
1917. No. 110.
REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1916.
WHEREAS it is expedient, for the conservation of the resources of the Commonwealth with a view to the better defence of the Commonwealth and the Empire and the successful prosecution of the war, to regulate the importation into the Commonwealth of articles of luxury, due regard being had to industrial employment and the general welfare of the community:
Now therefore 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 eighteenth day of May, 1917.
E. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
W. M. HUGHES,
for Minister of State for Defence.
The War Precautions (Luxuries Restriction) Regulations 1917.
Short title.
1. These Regulations may be cited as the War Precautions (Luxuries Restriction) Regulations 1917.
Constitution of Luxuries Board
2.—(1) For the purposes of these Regulations there shall be a Committee, consisting of not less than three persons, to be known as the Luxuries Board.
(2) The members of the Board shall be appointed by, and shall hold office during the pleasure of, the Prime Minister.
(3) The Prime Minister may appoint one of the members of the Board to be the Chairman thereof.
Duty of Luxuries Board.
3.—(1) It shall be the duty of the Luxuries Board to inquire into, and make to the Prime Minister from time to time recommendations in relation to, the goods or classes of goods, the importation of which, in the opinion of the Board, should be prohibited or restricted as being articles of luxury, or any article the importation of which is not essential to the general comfort, health or welfare of the community.
C.6310.—Price 3d.
(2) If the Board is of opinion that the importation of any particular goods or class of goods should be prohibited or restricted, and that the production or manufacture of the goods or class of goods in Australia should be induced, encouraged or stimulated either by the payment of a bounty upon such production or manufacture or by any other means the Board may make a recommendation to that effect.
Powers of Board.
4. For the purposes of these Regulations the Board and the Chairman thereof shall have and may exercise all the powers of a Royal Commission and of the President or Chairman thereof respectively under the Royal Commissions Act 1902-1912 and the provisions of that Act shall apply in relation to the Board in like manner as they apply in relation to a Royal Commission.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The War Precautions (Luxuries Restriction) Regulations 1917 were enacted to address the need for conserving Commonwealth resources during the First World War, with a focus on ensuring the successful prosecution of the war and maintaining industrial employment and the general welfare of the community. These regulations were introduced under the War Precautions Act 1914-1916 by the Governor-General in Council, acting on advice from the Federal Executive Council. The primary objective of these regulations was to restrict the importation of luxury goods, ensuring that essential resources were available for the war effort and domestic needs. The Luxuries Board, established under these regulations, was tasked with making recommendations to the Prime Minister regarding the prohibition or restriction of importing luxury goods, as well as promoting local production where necessary.
Scope and Application
The War Precautions (Luxuries Restriction) Regulations 1917 applies to the importation of luxury goods into the Commonwealth of Australia during the period of the First World War. The Act establishes a Luxuries Board, which is tasked with investigating and recommending to the Prime Minister on the prohibition or restriction of the importation of certain goods that are deemed non-essential to the general comfort, health, or welfare of the community. The Board is composed of at least three members appointed by the Prime Minister, who can also designate one member as the Chairman. The Board has the power to investigate, gather evidence, and make recommendations to the Prime Minister, who may then make regulations under the War Precautions Act 1914-1916 to prohibit or restrict the importation of such goods. The Act applies to the entire Commonwealth of Australia and has no stated exclusions or exemptions. The scope of the Act may be extended or restricted through subordinate instruments made by the Prime Minister under the War Precautions Act 1914-1916.
Key Provisions
The War Precautions (Luxuries Restriction) Regulations 1917 (hereafter referred to as the "Regulations") establish a framework for controlling the importation of luxury goods into Australia during a period of war, with a focus on conserving resources and supporting the war effort. Section 2 sets up the Luxuries Board, a committee consisting of at least three members appointed by the Prime Minister, to oversee these restrictions. This Board may recommend prohibiting or restricting the importation of luxury goods, as well as encouraging local production or manufacture of these goods, if deemed necessary (section 3). The Board and its Chairman are endowed with the powers of a Royal Commission under the Royal Commissions Act 1902-1912, ensuring that they can effectively carry out their duties (section 4).
Under these Regulations, the Luxuries Board has the primary obligation to investigate and make recommendations regarding the importation of luxury goods. These recommendations can include prohibiting or restricting the importation of certain goods, as well as promoting local production or manufacture through means such as bounties or other incentives (section 3(1) and (2)). The Board's recommendations are to be submitted to the Prime Minister, who retains the discretion to implement them. Furthermore, the Board's powers, outlined in section 4, mirror those of a Royal Commission, ensuring they can conduct thorough investigations and gather necessary information.
Failure to comply with these Regulations or the decisions of the Luxuries Board could result in significant consequences. While the specific penalties for breach are not detailed in the Regulations themselves, contravention of the War Precautions Act 1914-1916, under which these Regulations are made, could lead to both civil and criminal penalties. The exact nature and severity of these penalties would be determined by the courts, taking into account the specific circumstances of the breach. It is crucial for those governed by these Regulations to adhere strictly to the recommendations and directives issued by the Luxuries Board to avoid potential legal ramifications.