War Precautions Regulations 1915 (Amendment)

Overview

The War Precautions Regulations 1917, a legislative instrument under the War Precautions Act 1914-1916, were enacted to address the urgent need for controlling the dissemination of information that could jeopardise national security during wartime. This particular regulation was introduced by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and it came into operation immediately. The regulation specifically targets the possession, posting, delivery, and distribution of "prohibited publications", which are defined as any printed matter declared as such by the Minister through a notice in the Gazette. The overarching policy objective is to prevent the spread of potentially harmful information by criminalising the unauthorised possession and distribution of such publications, thereby ensuring that the public and military efforts remain unhindered by subversive content during times of war.

Scope and Application

The War Precautions Regulations 1917, as amended, apply to all individuals and entities within the Commonwealth of Australia, encompassing any person who engages in the possession, distribution, or printing of prohibited publications as defined by the Minister under the War Precautions Act 1914-1916. This regulation extends to any printed matter declared as a prohibited publication through a notification published in the Commonwealth of Australia Gazette, including any portion of such publications or issues of periodicals. Any person found in possession of, distributing, or involved in the publication of such material without lawful authority is subject to the penalties outlined in the regulation, which can include imprisonment or fines. The regulation applies nationally across all states and territories of Australia, providing a uniform approach to managing and controlling information deemed harmful to the war effort. Subordinate instruments may extend or further define the application of these regulations, but the primary scope remains as stated, with no specific exclusions or exemptions noted in the provided text.

Key Provisions

The main operative sections of this legislative instrument introduce a new Regulation under the War Precautions Act 1914-1916, specifically Regulation 28ab (subsections 28ab(1) to 28ab(4)). Regulation 28ab(1) defines a "prohibited publication" as any printed matter declared by the Minister in the Gazette to be prohibited. It includes any part of such a publication or any issue of a periodical. Regulation 28ab(2) establishes that it is an offence to possess, post, deliver, receive, or carry a prohibited publication without lawful authority. Regulation 28ab(3) states that printing, publishing, or distributing copies or extracts from a prohibited publication implies possession of the prohibited publication. Regulation 28ab(4) sets out that in proceedings for an offence under this regulation, the prosecutor’s claim that the printed matter is a prohibited publication is deemed proven unless proven otherwise. The obligations and requirements imposed by these Regulations include strict control over the possession, distribution, and publication of any materials deemed "prohibited publications." Any person found in possession of such materials without lawful authority is in breach of the law. Furthermore, activities such as posting, delivering, receiving, or carrying these publications, either through the postal service or otherwise, are prohibited unless authorised. The regulation also extends to those who print, publish, or distribute any part of a prohibited publication, as it presumes possession of the prohibited publication unless proven otherwise. The onus lies on the accused to disprove the prosecution's claim that the material in question is a prohibited publication. The penalties and consequences for breach of these Regulations are severe. Regulation 28ab(2) explicitly states that any person found in breach of the prohibitions outlined will be guilty of an offence against the Act. Under Regulation 28ab(3), any person who prints, publishes, or distributes copies or extracts from a prohibited publication is deemed to have been in possession of such a publication. Regulation 28ab(4) simplifies prosecution by establishing a presumption that the printed matter is a prohibited publication unless proven otherwise by the accused. Although the specific penalties are not detailed in this excerpt, the implication is that breaches are punishable under the War Precautions Act 1914-1916, potentially carrying significant legal consequences.