War Precautions Regulations 1915 (Amendment)

Legislation au C1918L00286 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1918. No. 286.

 

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

Dated this twenty-fourth day of October, 1918.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

 

War Precautions Regulations 1915.

Regulation 42 (Statutory Rule No. 242 of 1917 as amended by Statutory Rule 154 and 219 of 1918) and regulation 42a (Statutory Rule No. 217 of 1916 as amended by Statutory Rule No. 154 of 1918) are cancelled and the following substituted:—

Prohibition of unauthorized use of uniforms, medals, badges, &c.

42. (1) In this regulation “Prohibited article” means

(a) any naval, military, or police uniform, decoration, medal, medal ribbon or badge or any portion of any such uniform, or

(b) any badge supplied or authorized by the Department of Defence or the Department of the Navy, or by the Police, or

(c) any uniform, portion of uniform, decoration, medal, medal ribbon, or badge so nearly resembling any such official uniform, decoration, medal, medal ribbon or badge as to be calculated to deceive, or

(d) any miniature or other representation of any such decoration, medal, medal ribbon or badge, or

(e) any brooch or personal ornament designed to imitate any such decoration, medal, medal ribbon or badge.

(2) Any person

(a) who without lawful authority uses or wears any prohibited article; or

(b) who falsely represents himself to be a person who is or has been entitled to use or wear any prohibited article; or

(c) who without the written authority of a competent naval or military authority supplies or offers to supply any prohibited article to any person not authorized to use or wear the same:

shall be guilty of an offence against the Act.


(3) This regulation shall not be deemed to prohibit the wearing as an ornament by any woman or girl of

(a) any military badge, other than an “Imperial Silver War Badge,” an “Australian Returned Soldier’s Badge” an “Australian Medically Unfit Badge,” an “Australian Home Service Badge (Debarred from Enlisting),” an “Australian Munition Worker’s Badge” or a “Badge issued to nearest female relative of a member of the Australian Imperial Force”; or

(b) any miniature or other representation of, or any brooch or personal ornament designed to imitate, any military badge, other than an “Imperial Silver War Badge,” an “Australian Returned Soldier’s Badge,” an “Australian Medically Unfit Badge,” an “Australian Home Service Badge (Debarred from Enlisting),” an “Australian Munition Worker’s Badge” or a “Badge issued to nearest female relative of a member of the Australian imperial Force,” if the size of the miniature or other representation or imitation does not exceed one-half of the original badge.

(4) This regulation shall not be deemed to prohibit the supplying without the written authority of a competent naval or military authority of

(a) any representation in metal or enamel of any regimental colour badge on which no unit number or unit designation is shown; or

(b) any miniature or other representation of, or any brooch or personal ornament designed to imitate, any military badge other than an “Imperial Silver War Badge,” an “Australian Returned Soldier’s Badge,” an “Australian Medically Unfit Badge,” an “Australian Home Service Badge (Debarred from Enlisting),” an “Australian Munition Worker’s Badge” or a “Badge issued to nearest female relative of a member of the Australian Imperial Force,” if the size of the miniature or other representation or imitation does not exceed one-half of the original badge.

(5) Any merchant, trader, dealer or shopkeeper on whose behalf or at whose place of business any article is supplied or offered contrary to this regulation, whether contrary to the instructions of such merchant, trader, dealer or shopkeeper or otherwise, shall be guilty of an offence against this Act.

Prohibition of sale, &c., of uniforms without authority.

42a. (1) In this regulation “Prohibited article” means

(a) any uniform of the Defence Forces, military accoutrement or equipment, or regimental or other distinctive mark; or

(b) any portion of any such uniform, accoutrement, equipment or mark; or


(c) any colorable imitation of any such uniform, accoutrement, equipment or mark;

but does not include any medal ribbon, decoration ribbon, regimental colour badge, Officer’s rank badge, Warrant and Non-commissioned Officer’s rank badge, gold wound stripe, service chevron, or rank chevron.

(2) Any person who without the written authority of a competent naval or military authority

(a) sells, barters, exchanges, trades in, gives away, or in any manner whatsoever disposes of or deals in, or

(b) offers or exposes for sale,

any prohibited article, shall be guilty of an offence against the Act.

(3) Any merchant, trader, dealer, or shopkeeper on whose behalf or at whose place of business any article is offered or exposed for sale or is sold, exchanged, traded in or disposed of contrary to this regulation, whether contrary to the instructions of such merchant, trader, dealer, or shopkeeper or otherwise, shall be guilty of an offence against the Act.

 

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Acting Government Printer for the State of Victoria.

Overview

The War Precautions Regulations 1915, enacted by the Governor-General in Council under the authority of the War Precautions Act 1914-1916, were designed to address the need for stringent measures to prevent the unauthorised use and sale of military and police uniforms, decorations, and badges during the First World War. These regulations sought to ensure that such items were not misused, which could potentially deceive the public or undermine the authority and integrity of the armed forces and police. The policy objective was to maintain public order and security by prohibiting the unauthorised handling of military and police paraphernalia, thereby preventing any potential misuse that could be exploited for fraudulent or deceptive purposes. The regulations were intended to be enforced strictly, with penalties for those found in violation, including merchants and traders who facilitated such unauthorised transactions.

Scope and Application

The War Precautions Regulations 1915, under the War Precautions Act 1914-1916, apply to all individuals and entities within the Commonwealth of Australia. The regulations focus on prohibiting the unauthorized use, wearing, sale, or distribution of military uniforms, medals, badges, and other related items that closely resemble official military insignia. These regulations aim to prevent deception and the misuse of military symbols. Specific exclusions apply, such as allowing women or girls to wear certain military badges as ornaments, provided they do not exceed half the size of the original badge. Additionally, the sale of certain items, such as representations of regimental colour badges without unit numbers or designations, is permitted without written military authority. The regulations extend their application to merchants, traders, dealers, or shopkeepers who facilitate the sale or distribution of prohibited articles, making them equally liable for offences under the Act. This legislation underscores the Commonwealth's intent to regulate and control the misuse of military symbols during wartime, ensuring they are not exploited for unauthorised purposes.

Key Provisions

The War Precautions Regulations 1915, as amended, include several key provisions that govern the unauthorized use and sale of military uniforms, decorations, and related items. Regulation 42 (section 1) defines "Prohibited article" as any naval, military, or police uniform, decoration, medal, medal ribbon, badge, or any imitation thereof that might deceive. It also includes miniatures, representations, and brooches designed to imitate such items. This regulation prohibits any person from using or wearing a prohibited article without lawful authority, falsely representing themselves as entitled to such items, or supplying these items without written authority from a competent naval or military authority. There are specific exceptions, such as allowing women or girls to wear certain military badges as ornaments, provided they are not larger than half the original size. Similarly, Regulation 42a (section 2) prohibits the sale, barter, exchange, trade, or disposal of uniforms, military accoutrements, equipment, or distinctive marks without written authority. This includes any portion of these items or colorable imitations, excluding certain badges and ribbons. The regulations impose several obligations on individuals and businesses. Individuals are required to ensure they have lawful authority to use or wear any military-related items and must not falsely represent their entitlement to such items. They must also obtain written authority from a competent naval or military authority before supplying these items to others. Businesses are held accountable for the sale or supply of prohibited articles on their premises, regardless of whether the actions were taken with or without their knowledge or consent. This means that merchants, traders, dealers, and shopkeepers must ensure that their businesses do not facilitate the unauthorized sale or supply of military items. Breaches of these regulations result in criminal offences under the War Precautions Act 1914-1916. Individuals found guilty of using, wearing, or supplying prohibited articles without lawful authority, or businesses facilitating such activities, can face penalties as prescribed by the Act. The specific penalties are not detailed in the regulations but would typically include fines and possibly imprisonment, depending on the severity and intent of the offence. These provisions are crucial for maintaining the integrity and respect of military and naval honors and preventing the misuse of military-related items during times of war or national emergency.

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