War Precautions Regulations 1915 (Amendment)

Overview

The War Precautions Regulations 1915 were enacted under the War Precautions Act 1914-1916 to address the need for stringent control over the export of printed materials during wartime, particularly to neutral and enemy countries. This legislative instrument, issued by the Governor-General in Council, was aimed at preventing the dissemination of information that could potentially aid the enemy during the First World War. The specific problem it sought to resolve was the unmonitored export of newspapers, books, magazines, periodicals, and other printed materials that might compromise national security or divulge sensitive information. The policy objective, as stated, was to impose strict censorship and control over these exports to safeguard the interests of the Commonwealth.

Scope and Application

The War Precautions Regulations 1915, particularly under Regulation 25c, apply to any book published in Australia, as well as newspapers, magazines, periodicals, and other printed matter regardless of their country of origin, and extends to any person intending to export such items to a neutral or enemy country. This regulation requires that any such printed materials be subject to written permission from an officer of the censorship staff, ensuring that the content does not compromise national security. The regulation explicitly includes photographs and other pictorial representations as part of the definition of "printed matter," while specifically excluding trade circulars and catalogues. The enforcement of these regulations is to be carried out by competent naval or military authorities, or any person authorised by them, who are empowered to examine any printed matter intended for export to neutral or enemy countries and forward it to a censorship officer if necessary. Any wilful contravention of this regulation, or failure to comply with the conditions of a granted permit, constitutes an offence under the War Precautions Act 1914-1916, with corporate entities also holding their directors and officers liable for such offences unless they can prove the contravention occurred without their knowledge or consent. The regulation applies across the Commonwealth of Australia and extends to any territory in the military occupation of an enemy, excluding those under the control of His Majesty or His Allies.

Key Provisions

The War Precautions Regulations 1915 (Regulation 25c) introduce stringent controls on the export of printed matter from Australia to neutral or enemy countries. According to this regulation, books published in Australia, as well as newspapers, magazines, and periodicals regardless of their place of publication, cannot be exported to neutral or enemy countries unless they are handled by a publisher or newsagent who has obtained written permission from an officer of the censorship staff (subsection 25c(1)). Similarly, other types of printed matter also require written permission from a censorship officer before being exported (subsection 25c(2)). This permission process ensures that the content being exported is reviewed and approved to align with national security interests. Furthermore, competent naval or military authorities, or persons authorized by them, are empowered to examine any printed matter that is being, or is intended to be, exported to neutral or enemy countries, and may forward it, or any part thereof, to a censorship officer for review (subsection 25c(3)). Compliance with these regulations imposes significant obligations on publishers, newsagents, and other entities involved in the export of printed matter. These parties must ensure that any such exports are either approved by a censorship officer or are exempt from the requirement for such approval. This includes maintaining proper documentation and records to demonstrate compliance. Moreover, the regulation holds companies equally accountable; if a company contravenes the regulation, not only is the company itself liable, but also every director and officer of the company, unless they can prove that the contravention occurred without their knowledge or consent (subsection 25c(4)). This dual liability underscores the importance of rigorous internal controls and oversight within companies to prevent unauthorized or non-compliant exports. Failure to adhere to these regulations can result in serious consequences. Any person who wilfully contravenes the regulation, or fails to comply with any condition of a permit granted under this regulation, commits an offence under the War Precautions Act 1914-1916 (subsection 25c(4)). If an individual or company is found guilty of such an offence, they face legal repercussions which may include fines or imprisonment. The specifics of these penalties are not detailed in the regulation itself but would be subject to the broader provisions of the Act and applicable case law. The strict oversight and potential penalties reflect the gravity with which the regulation treats the unauthorized export of printed matter during wartime.