STATUTORY RULES.
1917. No. 200.
REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1916.
War Precautions Regulations 1915—Regulation 42aa—Addition.
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 22nd day of August, One thousand nine hundred and seventeen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
War Precautions Regulations 1915.
Addition.
The War Precautions Regulations 1915 are amended by inserting the following new Regulation after Regulation 42a:—
Power of prohibited article of equipment.
“42aa. (1) For the purpose of this Regulation “prohibited article of equipment”, means any article which the Minister by notification published in the Gazette declares to be a prohibited article of equipment.
(2) The Minister may declare any article to be a prohibited article of equipment if in his opinion—
(a) use of the article by a member of the Forces would be detritrimental or dangerous; or
(b) any untrue or misleading representation is made as to the value of the article, &c., or the effect of its use upon a member of the Forces.
(3) Any person who manufactures, sells, offers or exposes for sale, barters, exchanges, trades in, gives away or disposes of a prohibited article of equipment, shall be guilty of an offence against the Act.
(4) Any manufacturer, merchant, trader, dealer or shopkeeper on whose behalf or at whose place of business any prohibited article of equipment is manufactured, sold, offered or exposed for sale, bartered, exchanged, traded in, given away or disposed of whether contrary to the instructions of such manufacturer, 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 Albert J. Mullett, Government Printer for the State of Victoria.
C.11088.—Price 3d.
Overview
The War Precautions Regulations 1915 were enacted under the War Precautions Act 1914-1916 to provide additional measures for the protection of the Commonwealth during wartime, specifically targeting the sale, trade, and distribution of articles deemed detrimental or dangerous to military personnel. This legislative instrument was introduced to address the need for stringent control over equipment and materials that could potentially harm or mislead service members. The regulation was made by the Governor-General in Council, acting on the advice of the Minister of State for Defence, aiming to ensure that only safe and accurately represented equipment is made available to those in the Forces. The overarching policy objective was to safeguard the welfare of military personnel by preventing the circulation of harmful or deceptive equipment.
Scope and Application
The War Precautions Regulations 1915, as amended, apply to the Commonwealth of Australia and encompass any person, manufacturer, merchant, trader, dealer, or shopkeeper who engages in the manufacture, sale, offer for sale, barter, exchange, trade, gift, or disposal of a prohibited article of equipment. The term "prohibited article of equipment" is defined as any item that the Minister declares, through a notification in the Gazette, to be detrimental or dangerous for use by a member of the Forces or where there is an untrue or misleading representation about its value or effects. The regulation extends its purview to cover any individual or entity involved in the handling of such prohibited articles, ensuring that the manufacture, sale, or distribution of these items is strictly controlled. The regulation does not specify exclusions, exemptions, or thresholds, thereby applying broadly to all activities involving the listed prohibited articles within the Commonwealth. The scope of application may be further extended or restricted through subordinate instruments issued by the Minister, aligning with the overarching objective of the War Precautions Act 1914-1916 to safeguard national security during wartime.
Key Provisions
The War Precautions Regulations 1915, as amended by Statutory Rules 1917 No. 200, introduce a new Regulation 42aa to address the management of prohibited articles of equipment. According to Regulation 42aa(1), the term "prohibited article of equipment" refers to any article declared by the Minister as such through a notification published in the Gazette. The Minister may designate an article as prohibited if it is deemed detrimental or dangerous for use by members of the Forces, or if there is an untrue or misleading representation about its value or its effects (Regulation 42aa(2)). This broad definition encompasses a range of articles and ensures that any potentially harmful or misrepresented equipment is subject to strict controls.
Under Regulation 42aa(3) and (4), anyone involved in the manufacturing, selling, offering for sale, bartering, exchanging, trading, giving away, or disposing of a prohibited article of equipment is committing an offence against the Act. This includes not only the individuals directly engaging in these activities but also manufacturers, merchants, traders, dealers, or shopkeepers whose businesses facilitate such actions, even if done contrary to their instructions. These provisions place a significant responsibility on businesses and individuals to ensure that they are not involved in the circulation of prohibited articles of equipment.
Breaching the provisions of Regulation 42aa results in serious legal consequences. According to the Act, any offence under this regulation is punishable by law, though the specific penalties are not detailed within the statutory rules. Generally, under the War Precautions Act 1914-1916, offences can attract substantial penalties, including fines and imprisonment, reflecting the gravity of the activities prohibited to safeguard the Forces and the public. The exact penalties would be determined by the courts based on the nature and circumstances of the offence.