STATUTORY RULES.
1916. No. 203.
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REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914–1916.
The War Precautions Regulations 1915—Regulation 19b— Addition.—Regulation 63a—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 Regulations under the War Precautions Act 1914–1916 to come into operation forthwith.
Dated this thirtieth day of August, 1916.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
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War Precautions Regulations 1915.
Addition and Amendment.
After Regulation 19a (Statutory Rules 1915, No. 228) insert the following new Regulation:—
Evasion of censorship of postal articles for enemy countries.
19b. All letters and other postal articles intended to be sent to an enemy country or territory in occupation of the enemy shall before posting be enclosed in an outer envelope or covering which is addressed to the Censor or which bears on its face a statement that it contains a letter or postal article intended to be sent to an enemy country or territory in occupation of the enemy; and any person who sends or posts a letter or postal article in contravention of this Regulation shall be guilty of an offence against the Act.
Statutory Rules 1916, Nos. 24 and 134, and that portion of Statutory Rules 1916, No. 151 relating to Regulation 63a, are cancelled and the following substituted therefor:—
Restrictions as to aliens may be applied to natural-born subjects of enemy descent.
63a. (1) The competent naval or military authority or a senior officer of police may order that all or any of the restrictions imposed on aliens or on alien enemies by any Order made under the Act shall apply to any natural-born subject whose father or whose father’s father was a subject of a Sovereign or State who or which is at war with His Majesty.
C.11343.—Price 3d.
(2) Notice in writing of the making of the Order shall be given to any person in respect of whom an Order under this paragraph is made
(3) For the purpose of this Regulation any person who was as subject of a Sovereign or State whose territory now forms part of an enemy State shall be deemed to have been a subject of a Sovereign or State who or which is at war with His Majesty.
(4) The Minister may, by Order published in such manner as he may deem fit, order that all or any of the restrictions imposed on aliens or on alien enemies by any Order made under the Act shall apply to each natural-born subject within any area specified in the Minister’s Order whose father or whose father's father was a subject of a Sovereign or State who or which is at war with His Majesty.
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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 War Precautions Regulations 1915 were enacted in 1916 by the Governor-General, acting on advice from the Federal Executive Council, under the authority of the War Precautions Act 1914–1916. This legislation was introduced to address the need for heightened security measures during wartime, particularly in response to the First World War. The primary objective of these regulations was to prevent the dissemination of information that could be detrimental to the war effort by controlling and monitoring communications to enemy countries. The regulations sought to enforce stricter censorship on postal articles intended for enemy nations and to extend certain wartime restrictions to natural-born subjects of enemy descent, thereby tightening the measures against potential espionage and sabotage.
Scope and Application
The War Precautions Regulations 1915, made under the War Precautions Act 1914–1916, apply to the entire Commonwealth of Australia and govern the conduct of all persons within its jurisdiction, including natural-born subjects with lineage ties to enemy states. These regulations mandate that any postal articles intended for enemy countries or territories must be enclosed in an envelope addressed to the Censor or marked with a disclaimer indicating their intended destination, with violations constituting an offence. Additionally, the Regulations extend restrictions typically imposed on aliens or alien enemies to natural-born subjects whose paternal lineage is traced back to subjects of enemy states. Competent authorities, including naval or military officials and senior police officers, can enforce these restrictions, and the Minister may further specify areas where such restrictions apply through published orders. These measures underscore the broad scope and stringent controls enacted during wartime to safeguard national security and information.
Key Provisions
The War Precautions Regulations 1915, as amended by these new Statutory Rules, primarily introduce two key provisions. Firstly, under Regulation 19b, any letters or postal articles intended for an enemy country or territory must be enclosed in an outer envelope addressed to the Censor, or marked with a statement indicating their intended destination (Regulation 19b). This regulation serves to ensure that all correspondence intended for enemy territories is subject to censorship, thereby preventing the transmission of potentially sensitive information to adversaries. Secondly, Regulation 63a allows for the application of restrictions typically imposed on aliens or alien enemies to be extended to natural-born subjects of enemy descent. This means that individuals whose father or paternal grandfather was a subject of an enemy sovereign or state may be subject to the same restrictions as aliens (Regulation 63a(1)).
These Regulations impose specific obligations on the public and authorities. Postal senders must comply with the requirement to enclose letters and articles in an envelope addressed to the Censor or marked appropriately (Regulation 19b). Additionally, authorities such as naval or military officers or senior police officers can apply restrictions on individuals of enemy descent, subject to certain conditions (Regulation 63a). Written notice must be given to those affected by such orders (Regulation 63a(2)), and the Minister can issue orders specifying areas where these restrictions apply (Regulation 63a(4)).
Failure to comply with these Regulations can lead to significant legal consequences. Sending postal articles in contravention of Regulation 19b is an offence under the War Precautions Act 1914–1916. Although the specific penalties are not detailed in these Regulations, they would typically be outlined in the main Act or subsequent legislation. The Act could impose fines or imprisonment, or both, depending on the severity of the offence and the provisions of the primary Act.