STATUTORY RULES.
1915. No. 65.
PROVISIONAL REGULATION UNDER THE WAR PRECAUTIONS ACT 1914-1915.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulation under the War Precautions Act 1914-1915 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this fourth day of May, 1915.
R. M. FERGUSON
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
Amendment of War Precautions Regulations 1914 (Statutory Rules 1914, No. 154).
After Regulation 26 of the War Precautions Regulations 1914, the following Regulation is inserted:—
“26a. (1) Where the Minister has reason to believe that any natural-born British subject, one at least of whose parents was or is a subject of a State which is at war with the King, is disaffected or disloyal, he may, by warrant under his hand, order him to be detained in military custody in such place as he thinks fit during the continuance of the present state of war:
“Provided that, if any person so detained satisfies a Justice of the High Court that he is not disaffected or disloyal, the Justice may order him to be released, and he shall be released accordingly.
“(2) The Minister may telegraph a copy of any such warrant to the competent Naval or Military authority, and action may be taken on such telegraphed copy as if it were the original.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.6090.—Price 3d.
Overview
The Statutory Rules 1915, No. 65, introduced a Provisional Regulation under the War Precautions Act 1914-1915, responding to the urgent need to address disaffection and disloyalty among individuals of certain backgrounds during a time of war. Enacted by the Governor-General in Council, the regulation aimed to provide the Minister with the authority to detain natural-born British subjects who were deemed disaffected or disloyal if at least one of their parents was or is a subject of a state at war with the King. This regulation was introduced to enhance national security by allowing for the detention of potentially dangerous individuals, with the caveat that detainees could be released if they could prove their loyalty to a Justice of the High Court. The policy objective was to swiftly and effectively manage threats to national security during wartime.
Scope and Application
The Provisional Regulation under the War Precautions Act 1914-1915 applies to natural-born British subjects who are deemed disaffected or disloyal based on the status of their parent being a subject of a state at war with the King. The regulation allows the Minister, upon suspicion of disloyalty, to order the detention of such individuals in military custody for the duration of the war. This regulation aims to safeguard the national security during wartime by targeting individuals whose allegiance may be compromised due to their familial ties with enemy states. The geographic and jurisdictional reach of this regulation is nationwide, applying across the Commonwealth of Australia. Furthermore, the regulation can be extended through subordinate instruments such as warrants issued by the Minister, which can be communicated via telegraph to relevant authorities for enforcement. This regulation does not specify any exclusions or exemptions but provides a mechanism for release if the detained individual can satisfy a Justice of the High Court of their loyalty.
Key Provisions
The main operative section of this Provisional Regulation, section 26a(1), provides the Minister with the authority to detain any natural-born British subject, who is the child of a parent from a state at war with the King, if there is reason to believe they are disaffected or disloyal. This detention can occur in any location deemed suitable by the Minister, and it will continue for the duration of the war. Importantly, section 26a(1) also stipulates that if such a detained individual can convince a Justice of the High Court that they are not disaffected or disloyal, the Justice may order their release. Section 26a(2) allows for the Minister to send a copy of the detention warrant via telegraph to relevant Naval or Military authorities, granting them the power to act on the copy as if it were the original warrant.
The obligations imposed by this Act primarily fall on the Minister, who is tasked with the responsibility of determining whether there are grounds to detain individuals under the provisions of section 26a. This involves a preliminary assessment of loyalty and disaffection based on the available information. Additionally, the Act requires the Minister to ensure that any detained individual has the opportunity to seek release through a Justice of the High Court if they can demonstrate their non-disaffection or loyalty. The Act also imposes obligations on Justices of the High Court, who must be available to review the cases of detainees and make determinations on their release.
Failure to comply with the provisions of this Provisional Regulation can lead to significant legal consequences. While the specific nature of these consequences is not detailed within the text, it is reasonable to infer that breaches could result in criminal charges or civil penalties under the broader framework of the War Precautions Act 1914-1915. For instance, acting contrary to the detention provisions could potentially be prosecuted as an offence under the Act, with penalties that could include imprisonment or fines, as per the applicable legal standards of the time. Additionally, the Act's enabling of telegraphed warrants suggests that procedural missteps could also lead to administrative or disciplinary actions against those responsible for enforcement.