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

Legislation au C1917L00304 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1917. No. 304.

REGULATIONS 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 Regulations, under the War Precautions Act 1914-1916, to come into operation forthwith.

Dated this 19th day of November, 1917.

A. L. STANLEY,

Deputy of the Governor-General.

By His Excellency’s Command,

LITTLETON E. GROOM,

for the Minister of State for Defence.

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

(Statutory Rules 1917, No. 290.)

1. Regulation 3 of the War Precautions (Military Service Referendum) Regulations 1917 is amended—

(a) by inserting in paragraph (c) of the definition of “authorized witness”, after the word “Commonwealth”, first occurring, the words “(including the service of the Territory)”; and

(b) by omitting from paragraph (b) of the definition of “prescribed officer” the words “the Government Secretary of the Territory” and inserting in their stead the words “the Deputy Chief Judicial Officer for the Territory.”

2. Regulation 12 of the War Precautions (Military Service Referendum) Regulations 1917 is amended by inserting, at the commencement of paragraph (a) of Sub-regulation (1) thereof, the following words: “so far as military or naval considerations will permit,”.

3. Regulation 22 of the War Precautions (Military Service Referendum) Regulations 1917 is amended by omitting from paragraphs (b) and (c) of Sub-regulation (4) the words “or authorized witness.”

C.15532.—Price 3d.


4. Sub-regulation (1) of Regulation 25 of the War Precautions (Military Service Referendum) Regulations 1917 is amended by inserting after the word “referendum”, first occurring, the words “, and shall put to any person—

(a) who he has reason to believe is a naturalized British subject who was born in an enemy country within the meaning of these Regulations; or

(b) whose father he has reason to believe was born in an enemy country within the meaning of these Regulations,”.

5. Sub-regulation (3) of Regulation 25 of the War Precautions (Military Service Referendum) Regulations 1917 is amended by inserting after the words “person specified” the words “in the proviso to Sub-regulation (2) or”.

6. Sub-regulation (4) of Regulation 25 of the War Precautions (Military Service Referendum) Regulations 1917 is amended by omitting the words “paragraph (a) or (b)” and inserting in their stead the words “the proviso to Sub-regulation (2) or paragraph (a), (b), or (c)”.

7. Sub-regulation (1) of Regulation 28 of the War Precautions (Military Service Referendum) Regulations 1917 is amended by omitting the words “made by a naturalized British subject who was born in an enemy country within the meaning of these Regulations” and inserting in their stead the words “made by—

(a) a naturalized British subject who was born in an enemy country within the meaning of these Regulations; or

(b) a person whose father was born in an enemy country within the meaning of these Regulations,”.

8. The form of application contained in Sub-regulation (1) of Regulation 28 of the War Precautions (Military Service Referendum) Regulations 1917 is amended by omitting paragraphs (1) and (2) thereof and inserting in their stead the following paragraph: —

“(1) I am [a natural-born British subject and my father was born at                                                                                        on or about                                                                                     or a naturalized British subject and was so naturalized by a certificate of naturalization granted to (here insert me or my father or my mother, as the case may be, specifying the name of the said father or mother, as the case may be) at                                          on                                          ]”.

9. Regulation 29 of the War Precautions (Military Service Referendum) Regulations 1917 is amended by omitting (the words “by a person who was born in an enemy country within the meaning of these Regulations” and inserting in their stead the words “by—

(a) a naturalized British subject who was born in an enemy country within the meaning of these Regulations; or

(b) a person whose father was born in an enemy country within the meaning of these Regulations.”


10. After Regulation 30 of the War Precautions (Military Service Referendum) Regulations 1917, the following regulation is inserted in Part V. —

Non-application of this Part to Northern Territory and Territory of Papua.

“30a.—(1) Nothing in this Part shall prevent any person in the Northern Territory or the Territory of Papua whose name is on the prescribed electoral list from voting at the Referendum.

(2) In compiling the prescribed electoral list the prescribed officer for the Territory shall not place thereon the name of—

(a) any person who he has reason to believe is a naturalized British subject who was born in an enemy country within the meaning of these Regulations; or

(b) any person whose father he has reason to believe was born in an enemy country within the meaning of these Regulations,

unless that person produces to him a declaration made by that person and witnessed by a person in the service of the Commonwealth (including the service of the Territory) which satisfies him that the person—

(a) was a natural-born citizen or subject of France. Italy, or Denmark, and arrived in Australia before the date upon which the territory in which he was born became part of Germany or Austria, as the case may be; or

(b) is or has been a member of the Forces; or

(c) has applied for enlistment as a member of the Forces and has been rejected as medically unfit; or,

(d) is a person at least one-half of whose sons not under the age of 18 years and under the age of 45 years are or have been members of the Forces, or have applied for enlistment as members of the Forces, and have been rejected as medically unfit.”

11. After Regulation 41 the following Regulation is inserted:—

False statements.

“42.—(1) Any person who, on or before the polling day for the Referendum, makes or authorizes to be made, verbally or in writing, any false statement of fact of a kind likely to affect the judgment of electors in relation to their votes, or who prints, publishes, or distributes any advertisement, notice, hand-bill, pamphlet, or card containing any such statement, shall be guilty of an offence:

Provided always that it shall be a defence to a prosecution for an offence under this Regulation if the defendant proves that he had reasonable ground for believing, and did, in fact, believe, the statement to be true.

“(2) The time for appearance to a summons for an offence against this Regulation shall, notwithstanding any provisions of State law, be not more than forty-eight hours from the service of the summons.


“(3) When any person appears or is brought before a Court of Summary Jurisdiction charged with an offence against this Regulation, the hearing and determination of the case shall take precedence of all other matters, and shall not be adjourned or postponed at the instance of the defendant, except where, in the opinion of the Magistrate, the defendant would otherwise be seriously prejudiced in his defence, and then shall not be adjourned or postponed more than once nor for more than forty-eight hours.

“(4) If any person has been convicted under this Regulation of making any false statement, no person shall make, repeat, print, or publish the same statement, or a statement substantially the same, and any person who contravenes this Sub-regulation 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.

Overview

The War Precautions (Military Service Referendum) Regulations 1917, enacted by the Governor of the State of Victoria and its Dependencies in the Commonwealth of Australia acting as the Deputy of the Governor-General, under the War Precautions Act 1914-1916, aimed to address specific concerns arising from the First World War, particularly those related to the conduct of a military service referendum. The regulations sought to ensure that the referendum was conducted in a manner that took into account military and naval considerations, while also clarifying the roles and responsibilities of certain officials within the Territories. Additionally, the regulations provided mechanisms for preventing the dissemination of false information that could potentially influence the referendum's outcome. The policy objective was to facilitate a fair and orderly process for the military service referendum amidst the exigencies of wartime.

Scope and Application

The Regulations under the War Precautions Act 1914-1916, as amended by these Statutory Rules, apply to individuals and entities within the Commonwealth of Australia, including the Northern Territory and the Territory of Papua, concerning the conduct and transactions related to the Military Service Referendum. These regulations specifically target persons born in enemy countries or whose parents were born in such countries, imposing certain restrictions on their eligibility to vote or to be registered as voters. The application of these regulations is extended to include the service of the Northern Territory and the Territory of Papua, though with certain specified exceptions. For example, persons in these territories on the prescribed electoral list can vote, provided they meet specific criteria regarding their birthplace or that of their father. The regulations also include provisions for the prosecution of those making false statements likely to influence electors, with expedited court processes for such offences. These regulations underscore the stringent measures taken during wartime to ensure the integrity of the referendum process while also considering the unique circumstances of individuals from enemy countries residing in Australia.

Key Provisions

The key provisions of the War Precautions (Military Service Referendum) Regulations 1917 (Statutory Rules 1917, No. 304) introduce several amendments to the original regulations concerning the conduct of the Military Service Referendum. Regulation 3 is amended to refine the definition of "authorized witness" and "prescribed officer" to include the service of the Territory (paragraphs 1(a) and 1(b)). Regulation 12 is modified to ensure that the conduct of the referendum is permissible within the constraints of military or naval considerations (paragraph 2). Regulation 22 is updated to exclude certain individuals from being authorized witnesses (paragraph 3). Regulation 25 is amended to extend the scope of individuals who must be asked to vote in the referendum, specifically those who are believed to be naturalized British subjects born in an enemy country or whose fathers were born in an enemy country (paragraphs 4(a), 4(b), 4(c), 5, and 6). Regulation 28 is adjusted to include additional categories of individuals who can make applications for exemption from military service (paragraph 7). The form of application in Regulation 28 is revised to streamline the information required (paragraph 8). Regulation 29 is also amended to specify the categories of individuals who can make applications for exemption (paragraph 9). A new Regulation 30a is introduced to clarify that the provisions of the Part do not apply to the Northern Territory or the Territory of Papua, with specific conditions under which individuals in these territories may vote (paragraph 10). Finally, a new Regulation 42 is added to prohibit the making, authorizing, printing, publishing, or distribution of false statements likely to affect the judgment of electors (paragraph 11). The obligations imposed by these regulations are primarily directed at ensuring the proper conduct of the Military Service Referendum. Authorized witnesses and prescribed officers must adhere to the specified definitions and procedures. Individuals eligible to vote must follow the outlined requirements and processes for the referendum. The prescribed officer for the Territory must compile an electoral list that excludes individuals who are believed to be naturalized British subjects born in enemy countries or whose fathers were born in such countries, unless specific conditions are met. Furthermore, any person making or authorizing false statements related to the referendum is subject to prosecution and penalties. Breaches of these regulations can result in significant consequences. Regulation 42 imposes an offence for making or authorizing false statements that could influence electors' votes, with a maximum penalty not specified in the text. It also stipulates that the hearing of such cases must take precedence over other matters and cannot be unduly delayed. Additionally, if an individual is convicted of making a false statement, the repetition or publication of that statement is also prohibited, with contraventions of this provision also constituting an offence. The specific penalties for these offences are not detailed in the text, but the seriousness of the offences implies potential fines or imprisonment.

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