War Precautions (Military Service Referendum) Regulations 1917 (Amendment)

Legislation au C1917L00326 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1917. No. 326.

 

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 the eighteenth day of December, 1917.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

W. M. HUGHES,

for the Minister of State for Defence.

 

Amendment of the War Precautions (Military Service Referendum) Regulations 1917.

(Statutory Rules 1917, No. 290, as amended by Statutory Rules 1917, Nos. 304, 306, 308, 314, 315, 316, 319, 323, and 324.)

1. Regulation 12 of the War Precautions (Military Service Referendum) Regulations 1917, is amended by inserting therein after sub-regulation (2a) the following sub-regulation:—

“(2b) Notwithstanding anything contained in this regulation the time within which—

(a) a member of the Forces serving in Mesopotamia or in India; or

(b) a member of the Forces serving on a ship of war on arriving in the United Kingdom by an Australian transport on or before the third day of January, 1918; or

(c) a member of the crew of an Australian transport arriving in the United Kingdom on or before the third day of January, 1918,

who is eligible to vote under these Regulations, may vote, shall be the period from the tenth day of November, 1917, to the third day of January, 1918.”.

2. After regulation 27 of the War Precautions (Military Service Referendum) Regulations 1917 the following regulation is inserted:—

“27a.—(1) If in the case of a person who has voted as an absent voter and whose vote is enclosed in an envelope which does not bear the words ‘Regulation 25’ the officer conducting the scrutiny has reason to believe that that person is disqualified under regulation 22 of these Regulations, he may reserve the unopened

C.17119.—Price 3d.


envelope containing the ballot-paper for investigation as to whether the person is or is not so disqualified and shall thereupon notify the scrutineers if any that he has so reserved it.

“(2) A ballot-paper enclosed in an envelope so reserved shall be treated by the officer conducting the scrutiny in the same manner as a ballot-paper enclosed in an absent voter’s envelope upon which the words ‘Regulation 25’ have been indorsed by the presiding officer.”.

3. Regulation 33 of the War Precautions (Military Service Referendum.) Regulations 1917 is amended by inserting after the words “the third day of January, 1918” the words “or in the case of—

(a) a member of the Forces serving in Mesopotamia or in India; or

(b) a member of the Forces serving on a ship of war or arriving in the United Kingdom by an Australian transport on or before the third day of January, 1918; or

(c) a member of the crew of an Australian transport arriving in the United Kingdom on or before the third day of January, 1918,

up to and including the twelfth day of January, 1918.”.

4. After regulation 46 of the War Precautions (Military Service Referendum) Regulations 1917 the following regulations are inserted:—

“47.—(1) The holder of a licence granted under any State Act or any Ordinance for the sale of intoxicating liquor shall not keep his premises open, or permit his premises to be kept open, for the sale of intoxicating liquor at any time during polling day.

“(2) The holder of any such licence shall not, on polling day, sell any intoxicating liquor or permit any intoxicating liquor to be sold.

“(3) The holder of any such licence shall not permit any intoxicating liquor to be consumed on, or taken from, his licensed premises at any time during polling day.

“(4) For the purposes of this regulation any act of an employee of the holder of a licence, which if done by the employer would amount to a contravention of this regulation, shall be a contravention by the employee and also by the employer.

“(5) Notwithstanding anything in this regulation, this regulation shall not apply to any sale or consumption of intoxicating liquor, or other act or thing, which would be permitted by the law of the State or Territory if the polling day were a Sunday.

“48. No person shall publish, exhibit or announce in any theatre or place of public entertainment, any figures purporting to be results of the referendum.

“49. No person shall post up or exhibit on any hoarding, notice board, screen or wall in or visible from a public place or publicly exhibit or announce in a public place any figures purporting to be results of the referendum.”.

 

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 1917, No. 326, represent amendments to the War Precautions (Military Service Referendum) Regulations 1917, which were themselves a set of regulations created under the War Precautions Act 1914-1916. The original act was enacted to provide for measures to ensure national security and defence during the First World War. The amendments introduced through Statutory Rules 1917, No. 326 were made to address specific logistical issues related to the military service referendum, such as ensuring that service members stationed in various locations had the opportunity to vote and that the integrity of the voting process was maintained. These regulations were enacted by the Governor-General in Council, under the authority delegated by the Parliament of Australia, with the aim of facilitating a fair and orderly conduct of the referendum among military personnel.

Scope and Application

The Statutory Rules 1917 No. 326, under the War Precautions Act 1914-1916, primarily focus on amending the War Precautions (Military Service Referendum) Regulations 1917 to accommodate the voting needs of military personnel and transport crew members serving overseas during World War I. These regulations apply to Australian military personnel serving in specific regions, such as Mesopotamia and India, as well as those serving on ships of war or Australian transport ships arriving in the United Kingdom by a specified date. They extend the voting period for these individuals, allowing them to vote from the 10th of November, 1917, to the 3rd of January, 1918, with an additional extension until the 12th of January, 1918, for certain personnel. Furthermore, the regulations introduce measures to manage the scrutiny of absent voters and address the sale and consumption of intoxicating liquors on polling day. The regulations are applicable across the Commonwealth of Australia, with additional stipulations for the sale and consumption of liquor on polling days in accordance with state or territory laws.

Key Provisions

The Regulations under the War Precautions Act 1914-1916, as stipulated in Statutory Rules 1917, No. 326, primarily amend the War Precautions (Military Service Referendum) Regulations 1917. Regulation 12 is amended to extend the voting period for certain military personnel, specifically those serving in Mesopotamia or India, and for crew members of Australian transports arriving in the United Kingdom by 3 January 1918 (Reg. 1). A new regulation, 27a, allows scrutineers to reserve unopened envelopes from absent voters for investigation if there is a suspicion of disqualification under regulation 22 (Reg. 2). Regulation 33 is further amended to extend the voting deadline for the same categories of military personnel, allowing them to vote until 12 January 1918 (Reg. 3). Additionally, new regulations 47, 48, and 49 are introduced, prohibiting the sale or consumption of intoxicating liquor on polling day, the publication of unofficial referendum results in public places, and the display of unofficial results in public places (Regs. 4, 5, and 6). These regulations impose specific obligations on various parties, including military personnel and licence holders for the sale of intoxicating liquor. Military personnel serving in designated areas or on Australian transports arriving by a certain date are granted extended voting periods. Licence holders for the sale of intoxicating liquor are mandated to close their premises and refrain from selling or allowing the consumption of liquor on polling day, with exceptions for state laws permitting such activities on Sundays (Reg. 47). Furthermore, individuals are prohibited from publishing, exhibiting, or announcing unofficial referendum results in public places, including theatres, places of public entertainment, and public spaces (Regs. 48 and 49). Failure to comply with these regulations can result in civil or criminal penalties. For instance, licence holders who violate the prohibitions on the sale or consumption of intoxicating liquor on polling day may face penalties as outlined in relevant state or territory laws. Similarly, individuals who publish or exhibit unofficial referendum results may be subject to legal consequences. The exact penalties are not specified in the Regulations but would be governed by the applicable state or territory laws.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.