STATUTORY RULES.
1916. No. 148.
REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1916.
War Precautions Regulations 1916—Regulation 28d—Amendment.
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 this nineteenth day of July, 1916.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
War Precaution Regulation 1916.
Amendment.
Regulation 28d is amended to read as follows:—
Submission of cinematograph film before exhibition.
28d. (1) The Chief of the General Staff or the Deputy Chief Censor or any person whom the Chief of the General Staff or the Deputy Chief Censor may authorize to exercise the power conferred by sub-regulation 1 of this Regulation may by order in writing require the owner, lessee, or person apparently in charge of any cinematograph film to submit before publication to any person named in the order, by showing the same on a proper screen, any film which relates or refers to the present war or to any subject connected therewith or arising therefrom or which depicts anything in the nature of a cartoon or otherwise that might be considered offensive to the subjects of any allied or neutral country or which relates or refers to any of the subjects mentioned in Regulation 19.
(2) An order may be given under this Regulation in respect of a particular subject or of all the subjects referred to in sub-regulation (1) of this Regulation.
(3) Any person who fails to comply with an order given under this Regulation shall be guilty of an offence against the Act.
(4) The Deputy Chief Censor or any competent naval or military authority or any person authorized by any of them, or any police constable or officer of Customs, may enter any premises suspected to contain any film within sub-regulation (1) of this Regulation, and may seize and detain any film the exhibition of which would constitute an offence under any of these Regulations or would be offensive to the subjects of any allied or neutral power.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.9357.—Price 3d.
Overview
The War Precautions Regulations 1916, made under the War Precautions Act 1914-1916, were introduced by the Commonwealth of Australia to address the need for stricter controls on the dissemination of information during the First World War. Enacted by the Governor-General in Council, these regulations were aimed at ensuring that cinematograph films did not depict content that might be considered offensive to allied or neutral countries, or that related to subjects detrimental to the war effort. The regulations provided specific powers to designated authorities to require the submission of films for review before exhibition and allowed for the seizure and detention of films that contravened the provisions. This measure was essential in maintaining public order and preventing the spread of potentially harmful information during a period of national crisis.
Scope and Application
The War Precautions Regulations 1916, specifically Regulation 28d, applies to owners, lessees, and individuals in charge of cinematograph films, mandating their submission for review before public exhibition if the content relates to the war or potentially offensive subjects. This regulation extends to films depicting cartoons or content that might offend allied or neutral countries, or matters listed in Regulation 19. The regulation's enforcement is overseen by the Chief of the General Staff, the Deputy Chief Censor, or their authorised representatives, who can order the submission and review of films. Non-compliance with these orders constitutes an offence under the Act. The geographic reach of these regulations is nationwide, as they are issued under Commonwealth authority. There are no stated exclusions or exemptions in the text, meaning that all films potentially falling under these criteria are subject to the regulation. Additionally, the power to enter and search premises and seize films is extended to the Deputy Chief Censor, military or naval authorities, and customs or police officers, reinforcing the broad jurisdictional application of these wartime measures.
Key Provisions
The War Precautions Regulations 1916, specifically under Regulation 28d, introduce provisions that require the submission of cinematograph films for review before they are exhibited to the public. Regulation 28d(1) states that the Chief of the General Staff, the Deputy Chief Censor, or an authorized representative can order the owner, lessee, or person in charge of a cinematograph film to present it to a specified individual for review. This requirement applies to films that pertain to the current war, its subjects, or anything that could be deemed offensive to allied or neutral countries, as well as those that relate to matters mentioned in Regulation 19. The order can be specific to certain films or cover all films falling under the regulation's purview.
Regulation 28d(2) clarifies that the order can target either a particular subject or all subjects as described in sub-regulation (1). This ensures that any film content deemed potentially problematic is subject to scrutiny, promoting a controlled dissemination of film content during wartime. Under Regulation 28d(3), non-compliance with an order issued under this regulation constitutes an offence under the War Precautions Act 1914-1916. This strict compliance requirement underscores the importance placed on maintaining control over film content during the war period.
Moreover, Regulation 28d(4) empowers the Deputy Chief Censor, competent naval or military authorities, or authorized individuals, including police constables and Customs officers, to enter any premises suspected of containing films that fall under the regulation. They are permitted to seize and detain such films if their exhibition would be in violation of the regulations or offensive to allied or neutral countries. This provision allows for proactive enforcement of the regulation and ensures that potentially harmful or offensive films are intercepted before they reach the public.
The consequences for breaching these regulations are significant. As stated in Regulation 28d(3), failure to comply with an order issued under the regulation is an offence against the Act. Although the specific penalties are not detailed in the provided text, such breaches could result in legal action under the War Precautions Act 1914-1916, which might include fines or imprisonment, reflecting the gravity of non-compliance during wartime. The ability of authorized individuals to seize and detain films also serves as a deterrent, ensuring adherence to the regulation's stipulations.