STATUTORY RULES.
1918. No. 133.
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REGULATION 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 Regulation under the War Precautions Act 1914-1916, to come into operation forthwith.
Dated the fifteenth day of May, 1918.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
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Amendment of War Precautions Regulations 1915.
Regulation 64c of the War Precautions Regulations 1915 is amended inserting next after the word “addressee” the words “outside Australia.”
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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 1918 No. 133, enacted under the War Precautions Act 1914-1916, was introduced to address the need for regulating communications during the period of World War I. This legislative instrument, issued by the Governor-General in Council, aims to amend the War Precautions Regulations 1915. Specifically, it updates Regulation 64c to encompass the interception and control of mail addressed outside Australia, thereby tightening the measures already in place to safeguard national security during wartime. The policy objective is to maintain stringent control over wartime communications, ensuring that any potential security risks associated with correspondence beyond Australian borders are effectively managed.
Scope and Application
The War Precautions Regulations 1918, enacted under the War Precautions Act 1914-1916, extend to any individual, corporation, or entity operating within the Commonwealth of Australia. These regulations are intended to enforce wartime measures that safeguard national security during the ongoing conflict, affecting a broad spectrum of activities and transactions that could potentially compromise defence operations or public safety. The Regulations have a nationwide jurisdictional reach, applying uniformly across the states and territories of Australia. However, the specific amendment noted, Regulation 64c, introduces a geographical restriction by specifically addressing the communication of information outside Australia, thereby extending the control over wartime information beyond the nation’s borders. Notably, these regulations do not specify particular exclusions or exemptions but rather apply broadly to the wartime context. The application and enforcement of these regulations may be further detailed or refined through additional subordinate instruments, allowing for adjustments and clarifications as the war situation evolves.
Key Provisions
The main operative section of this statutory rule, Regulation 64c of the War Precautions Regulations 1915, is the amendment that introduces the phrase "outside Australia" after the word "addressee." This insertion likely modifies the scope of communication restrictions or surveillance powers that were initially set forth in the original regulation, now extending these provisions to addressees who are located outside of Australia. The regulation is designed to enhance the control over wartime communications to prevent the dissemination of sensitive information that could be detrimental to national security.
Under this amendment, the obligations imposed on parties or entities governed by the War Precautions Regulations 1915 are expanded to include any communications intended for addressees who are not within Australian borders. This implies that the powers to intercept, monitor, or restrict mail and other forms of communication are now applicable not only to domestic addressees but also to those overseas. Such measures are likely intended to maintain strict control over the flow of information during times of war, ensuring that confidential matters do not reach unauthorised recipients.
The consequences for breach of these provisions are severe, given the context of wartime regulation. Offences under the War Precautions Act 1914-1916 can lead to both criminal and civil penalties. Although the specific penalties are not detailed in this particular statutory rule, the overarching Act provides for significant deterrents. Historically, breaches of wartime regulations could result in substantial fines and imprisonment, reflecting the gravity with which the government treated any compromise of national security during the war. The maximum penalties could vary depending on the severity and impact of the breach, but they underscore the importance of adhering to the regulations to avoid legal repercussions.