STATUTORY RULES.
1917. No. 308.
REGULATION UNDER THE WAR PRECAUTIONS ACT 1914-1916.
I, SIR ARTHUR LYULPH STANLEY, Governor of the State of Victoria and its Dependencies in the Commonwealth of Australia, acting as the Deputy of the Governor-General in accordance with the provisions of the Constitution, 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 twenty-seventh day of November, 1917.
A. L. STANLEY,
Deputy of the Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
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 and 306.)
Regulation 42 of the War Precautions (Military Service Referendum) Regulations 1917 is amended—
(a) by adding at the end of the proviso to sub-regulation (1) thereof the words “and in that case the magistrate may find specially that the statement is a false statement of fact of a kind likely to affect the judgment of electors in relation to their votes”; and
(b) by omitting from sub-regulation (4) thereof the words “If any person has been convicted under this regulation of making any false statement” and inserting in their stead the words “If—
(a) any person has been convicted under this regulation of making any false statement; or
(b) a magistrate finds that any statement is a false statement of fact of a kind likely to affect the judgment of electors in relation to their votes,”.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.16078.—Price 3d.
Overview
The War Precautions Act 1914-1916, enacted by the Parliament of the Commonwealth of Australia, was a response to the extraordinary circumstances of World War I, addressing the need for immediate and flexible measures to safeguard national security. This legislation was introduced to provide the executive government with the necessary powers to protect the country during wartime. The War Precautions (Military Service Referendum) Regulations 1917, made under the authority of this Act, were subsequently amended to further refine the legal framework surrounding the referendum on military service. Specifically, Statutory Rules 1917, No. 308, introduced by Sir Arthur Lyulph Stanley, the Deputy of the Governor-General, and acting on advice from the Federal Executive Council, amended Regulation 42 of the aforementioned regulations. The policy objective of these amendments was to ensure greater accuracy and accountability in statements made during the referendum process, by allowing magistrates to determine the validity of statements and the potential impact on voter judgment.
Scope and Application
The War Precautions (Military Service Referendum) Regulations 1917, as amended, applies to individuals and entities within the jurisdiction of the Commonwealth of Australia, specifically concerning conduct and transactions related to the military service referendum. This regulation is an extension of the War Precautions Act 1914-1916 and operates on a national level, impacting all states and territories under the Commonwealth. It targets those making false statements that could influence the judgment of electors in relation to their votes, with the authority vested in magistrates to determine the veracity of such statements and the potential impact on electoral judgment. This regulation can be further refined or extended through subordinate instruments, which allows for adaptability in response to evolving circumstances during the war period.
Key Provisions
The primary sections of the Regulation (Statutory Rules 1917, No. 308) amend Regulation 42 of the War Precautions (Military Service Referendum) Regulations 1917. This amendment is achieved by adding specific wording to the proviso in sub-regulation (1) and modifying sub-regulation (4). The added language in sub-regulation (1) allows a magistrate to declare a statement a false statement of fact if it is likely to influence the electors' voting decisions. The changes to sub-regulation (4) adjust the conditions under which a person can be convicted for making a false statement. Specifically, it now includes cases where a magistrate finds a statement to be false and likely to affect electors' judgments, in addition to convictions for making such statements.
The amended Regulation imposes obligations on individuals and authorities to ensure that statements made in relation to the military service referendum are truthful and not misleading. The addition of the magistrate's power to find a statement false if it is likely to affect electors' judgment adds an extra layer of scrutiny. Authorities must ensure that any public statements or materials used in the referendum process are accurate and not designed to unduly influence voters. Furthermore, the Regulation requires that any person found to have made a false statement, or where a magistrate has found such a statement, faces legal consequences as outlined in the Regulation.
The Regulation introduces specific consequences for breaches of its provisions. If a person is convicted of making a false statement under the Regulation, they may face penalties as prescribed by law. Additionally, if a magistrate finds that a statement is a false statement of fact likely to affect electors' judgments, the individual may also face legal repercussions. While the exact penalties are not specified in the Regulation, they would typically follow the penalties applicable under the War Precautions Act 1914-1916 and any related statutes. The Regulation underscores the seriousness of influencing the referendum process through false information, ensuring that such actions are met with appropriate legal responses.