STATUTORY RULES.
1918. No. 206.
REGULATION UNDER THE WAR PRECAUTIONS ACT 1914-1916.
I, SIR WALTER EDWARD DAVIDSON, Deputy of 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 second day of August, 1918.
W. E. DAVIDSON,
Deputy of the Governor-General.
By His Excellency’s Command,
W. A. WATT,
for Minister of State for Defence.
Amendment of the War Precautions Regulations as Amended to this Date.
After regulation 56a of the War Precautions Regulations the following regulation is inserted:—
Power to authorize inquiry into detentions.
“56b. (1) Where the Minister has in pursuance of the last preceding regulation ordered a person to be detained in military custody in any place during the continuance of the war, the Governor-General may, if he thinks fit, by order published in the Gazette, authorize any person (in this regulation referred to as “the authorized person”) to inquire and report what facts and circumstances disclosed by the evidence taken at the inquiry before the authorized person might in his opinion properly be taken into consideration by the Minister in deciding whether, for securing the public safety and the defence of the Commonwealth, the continued detention of the person in military custody as aforesaid is expedient.
“(2) For the purposes of the inquiry the authorized person shall have such powers with respect to the summoning of witnesses, the administration of oaths, arrest, detention, search of premises and persons, inspecting, impounding, or retention of books, documents, and papers, and otherwise, as are specified in the Order.
“(3) Any person who in any way obstructs the authorized person or refuses or fails to comply with any requirement or direction given by him, in the exercise of any powers conferred upon him in pursuance of this regulation, shall be guilty of an offence.”
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Acting Government Printer for the State of Victoria.
Overview
Statutory Rules 1918 No. 206, made under the War Precautions Act 1914-1916, addresses the need to review and potentially challenge the detention of individuals in military custody during the First World War. Enacted by the Deputy of the Governor-General, Sir Walter Edward Davidson, with the advice of the Federal Executive Council, the regulation aims to provide a formal mechanism for investigating the circumstances surrounding detentions to ensure they align with the public safety and defence needs of the Commonwealth. The regulation authorises an appointed person to conduct inquiries and report findings to the Minister, thereby creating a check on the executive's power to detain individuals. This legislative instrument seeks to balance national security imperatives with the protection of individual rights during wartime.
Scope and Application
This statutory rule, made under the War Precautions Act 1914-1916, applies to any person who has been ordered into military custody by the Minister during the ongoing war. The regulation grants the Governor-General the authority to appoint an authorized person to conduct an inquiry into the detention of such individuals. The authorized person is empowered to summon witnesses, administer oaths, and exercise various investigative powers, as specified in the Order, to ascertain whether continued detention is necessary for public safety and the defence of the Commonwealth. Any individual obstructing the authorized person or failing to comply with their requirements or directives is subject to criminal penalties. This regulation extends its application across the Commonwealth, with no specific exclusions or exemptions mentioned within the text, though it is implicitly subject to the overarching provisions of the War Precautions Act 1914-1916.
Key Provisions
The main operative sections of this statutory rule (C1918L00206) pertain to the War Precautions Regulations as amended, specifically introducing a new regulation (56b) under the War Precautions Act 1914-1916. Regulation 56b (subsection 1) establishes the authority of the Governor-General to authorise an inquiry into the detention of individuals who have been ordered to be detained in military custody during the war. This authorisation is contingent upon the Governor-General's discretion and is to be published in the Gazette. The authorised person, as defined in this regulation, is tasked with investigating the facts and circumstances surrounding the detention, with the aim of advising the Minister on whether the continued detention is necessary for public safety and the defence of the Commonwealth. The authorised person is granted specific powers (subsection 2) to facilitate this inquiry, including the ability to summon witnesses, administer oaths, and conduct searches and inspections. Any individual who obstructs the authorised person or fails to comply with their directives commits an offence (subsection 3).
The obligations imposed by this regulation on the parties and entities it governs are primarily directed towards compliance with the procedures and directives established by the authorised person. The Minister, who ordered the detention, is obliged to consider the findings and recommendations of the authorised person's inquiry. The authorised person must conduct their inquiry diligently and in accordance with the powers conferred upon them, ensuring that the investigation is thorough and that all relevant facts are considered. The individuals subject to detention are required to cooperate with the authorised person and comply with any directives given during the inquiry. Any person found obstructing the authorised person or failing to comply with the regulations commits an offence under this regulation.
The statutory rule imposes clear penalties and consequences for breaches of its provisions. Specifically, any person who obstructs the authorised person or refuses or fails to comply with any requirement or direction given by the authorised person in the exercise of their powers under this regulation is deemed to have committed an offence. While the specific penalties are not detailed in the text provided, it is reasonable to infer that the penalties for such offences would be consistent with other provisions under the War Precautions Act 1914-1916, which could include fines and/or imprisonment. The seriousness of the offence, the degree of obstruction, and the intent behind the non-compliance would likely be factors considered in determining the appropriate penalty.