STATUTORY RULES.
1918. No. 104.
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REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1916.
War Precautions Regulations 1915—Regulation 19a—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 Regulation under the War Precautions Act 1914-1916, to come into operation forthwith.
Dated this seventeenth day of April, 1918,
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.
Amendment.
Regulation 19a (Statutory Rules No. 47, of 1916) is cancelled, and the following substituted:—
Prohibition against communication with enemy agents.
“19a. Where a person without lawful authority or excuse, either within or without the Commonwealth, at any time since the commencement of the war, has been in communication with or has attempted to communicate with an enemy agent, and is subsequently found within the Commonwealth, he shall be guilty of an offence against these Regulations unless he proves that he did not know and had no reason to suspect that the person with whom he so communicated or attempted to communicate was an enemy agent.
For the purposes of this regulation, but without prejudice to the generality of the foregoing provision—
(a) a person shall, unless he proves the contrary, be deemed to have been in communication with an enemy agent if—
(i) he has either within or without the Commonwealth, visited the address of an enemy agent or consorted with an enemy agent; or
(ii) either within or without the Commonwealth the name or address or any other information regarding an enemy agent has been found in his possession or has been supplied by him to any other person, or has been obtained by him from any other person;
C.5805.—Price 3d.
(b) the expression ‘enemy agent’ includes any person who is or has been, or is reasonably suspected of being or having been, employed by the enemy either directly or indirectly for the purpose of committing an act either within or without the Commonwealth which, if done within the Commonwealth would be a contravention of these Regulations or who has, or is reasonably suspected of having, either within or without the Commonwealth, committed or attempted to commit such an act with the intention of assisting the enemy;
(c) any address, whether within or without the Commonwealth, reasonably suspected of being an address used for the receipt of communications intended for the enemy, or any address at which an enemy agent resides or to which he resorts, shall be deemed to be the address of an agent and communications addressed to such an address to be communications with an enemy agent.”
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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, enacted in 1918, were made under the authority of the War Precautions Act 1914-1916. These regulations were introduced by the Commonwealth Parliament to address the urgent need to maintain national security during the ongoing conflict. The primary objective of these amendments was to criminalise communication with enemy agents, thereby preventing espionage and acts of sabotage. This was achieved by imposing strict penalties on individuals found to be in contact with enemy agents without lawful authority or excuse. The regulation presumes guilt unless the accused can prove they were unaware of the other party's status as an enemy agent, thus ensuring a robust legal framework to safeguard national interests during wartime.
Scope and Application
The War Precautions Regulations 1915, as amended by Statutory Rules No. 104 of 1918, pertain to any person found within the Commonwealth of Australia who, either within or outside the country, has been in communication with or attempted to communicate with an enemy agent since the commencement of the war. This applies regardless of whether the communication or attempt occurred within or outside the Commonwealth. The legislation imposes a criminal offence on such individuals unless they can prove that they did not know and had no reason to suspect that the person they communicated with was an enemy agent. The definition of 'enemy agent' encompasses anyone employed by the enemy to commit acts that contravene the Regulations or who has committed such acts with the intent to assist the enemy. The scope of the Act extends to any address suspected of being used for enemy communications or where an enemy agent resides or frequents, treating communications to such addresses as communications with an enemy agent. These regulations are intended to restrict and penalise any interaction with enemy agents, ensuring that individuals within the Commonwealth are held accountable for such activities.
Key Provisions
The War Precautions Regulations 1915, specifically amended through Regulation 19a, establish stringent measures against communication with enemy agents. This regulation applies to any person who, without lawful authority or excuse, has been in communication with or attempted to communicate with an enemy agent at any time since the commencement of the war, and is found within the Commonwealth (Regulation 19a). A person is presumed to have been in communication with an enemy agent if they have visited an enemy agent’s address, consorted with them, or possessed, supplied, or obtained information regarding an enemy agent (Regulation 19a(a)). Furthermore, the regulation presumes that any address suspected of being used for enemy communications or an enemy agent’s residence is an address of an enemy agent, and any communication sent to such an address is considered communication with an enemy agent (Regulation 19a(c)).
Entities and individuals governed by these regulations must adhere to the prohibition against any form of communication with enemy agents. This includes refraining from visiting or consorting with known or suspected enemy agents, possessing, supplying, or obtaining information about enemy agents, or sending communications to suspected enemy agent addresses. Failure to meet these obligations can lead to severe consequences as outlined in the regulation.
Breaching Regulation 19a can result in criminal liability. A person found to have communicated or attempted to communicate with an enemy agent without lawful authority or excuse is guilty of an offence unless they can prove they did not know and had no reason to suspect that the person was an enemy agent (Regulation 19a). The regulation does not explicitly state the penalties for such an offence, but as it is an offence under the War Precautions Regulations 1915, it would typically be subject to the penalties prescribed under the War Precautions Act 1914-1916, which could include fines and imprisonment. The exact penalties would depend on the specific provisions of the Act and any subsequent legislation or regulations.