STATUTORY RULES.
1915. No.228.
PROVISIONAL REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1915.
War Precautions Regulations 1915—Regulations 19a, 23a, 25a, 28a, 50a, 54a, 59a, 59b—Additions, Regulation 53—Amendment.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the War Precautions Act 1914-1915 should come into immediate operation and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this twenty-fifth day of November, One thousands nine hundred and fifteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
War Precaution Regulation 1915.
ADDITIONS AND AMENDMENT.
The following new Regulations are inserted:—
Prohibition against communications with spies.
“19a. Where a person without lawful authority or excuse has been in communication, or has attempted to communicate, with a spy, 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 a spy.
For the purposes of this Regulation—
(a) A person shall, unless he proves the contrary, he deemed to be in communication with a spy if the name or address or any other information regarding a spy is found in his possession, or is supplied by him to any other person, in such circumstances as to give reasonable ground for suspecting that he is in communication with the spy.
(b)The expression “spy” includes—(i) any person who has committed or attempted to commit an offence under Regulation 19, and who is reasonably suspected of having done so with the intention of assisting the enemy, and (ii) any person out of the Commonwealth who is or in reasonably suspected of being a person to whom information has been communicated or attempted to be communicated in contravention of that Regulation.
(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 shall be deemed to be the address of a spy, and communications addressed to that address shall be deemed to be communications with a spy.”
Prohibition on use, possession or non-disclosure of key to cipher or code.
“23a. (i) If any person, without lawful authority or excuse, uses or has in his possession or under his control any cipher, code, or other means adapted for secretly communicating naval or military information, he shall be guilty of an offence against these Regulations, unless he proves that the cipher, code, or other means of secret communication is intended and used solely for commercial or other legitimate purposes.
(ii) Any person who has in his possession or under his control any cipher, code, or other means of secret communication shall, if required by the Competent Naval are Military Authority, or any person authorized by him, or by any police constable, supply the key or other means for deciphering it, and if he fails to do so shall be guilty of an offence against these Regulations.”
Prohibition against conveyance of letters, &c., to or from interned persons
“25a.(i) If any person conveys to or receives from any person interned or detained in any Camp or place for the internment or detention of prisoners of war or of persons detained under these Regulations, any letter, post-card, letter-card, written communication or written message, newspaper or periodical, or other printed matter without the authority of the Officer Commanding such Camp or place, he shall be guilty of an offence against the Act.
(ii) The Officer Commanding such Camp or place, or any person authorized by him, may arrest without warrant any person who is known or suspected to have committed an offence under this Regulation, and may search such person and seize anything which he is found to be conveying in contravention of this Regulation.”
Submission of matter before printing or publication.
“28a. (i) The Chief of the General Staff, or the Deputy Chief Censor, or any person whom the Chief of the General Staff or the Deputy Chief Censor may authorize to exercise the powers conferred by this Regulation, may by order in writing require the editor or printer or publisher of any newspaper or periodical, or the author or printer or publisher of any matter intended to be printed and published, to submit before publication any matter (whether in manuscript or print) intended for publication, which relates to any of the subjects mentioned in Regulation 19, or the publication of which would be an offence under Regulation 28.
(ii) An order may be given under this paragraph in respect of a particular subject, or of all the subjects or matters referred to in sub-paragraph (i) of this Regulation, and in the case of a newspaper or periodical may be given in respect of a particular issue or of all the issues for a specified period of such newspaper or periodical.
(iii) Any person who fails to comply with an order given under this Regulation shall be guilty of an offence against the Act.”
Power to seize prohibited documents.
“50a. (i) If a justice of the peace is satisfied by information in writing upon oath laid before him by a Competent Naval or Military Authority, or any person duly authorized by him, that any document containing any information, report, or statement the publication whereof would be an offence against Regulation 19 or Regulation 28, is about to be issued for publication or dispersion
from, or that copies thereof are upon any premises, or that preparations are being made on any such premises for the publication of any such information, report, or statement, the justice may issue a warrant authorizing a constable to enter at any time, and, if need be by force, to search the premises and to seize any such document and any written or printed copies thereof, and any type or other appliance which has been or is being used, or is intended to be used, or is in a condition adapted for use in the production of such copies, and bring them before a Court of summary jurisdiction.
(ii) The Court before which they are brought may issue a summons calling upon the owner to show cause why the articles so seized should not be destroyed, and if he does not appear in obedience to the summons, or if upon appearance he does not satisfy the Court that the articles in question are not of such character or as adopted as in this Regulation hereinbefore mentioned, the Court may order them to be destroyed or otherwise disposed of, and in any other case shall order them to be restored after the expiration of seven clear days to the owner.
(iii) For the purposes of this Regulation a summons shall be deemed to be duly served if addressed to the owner of the articles without further name or description, and left at or sent by registered post to the premise on which the articles were seized.
(iv) If, in the course of any proceedings under this Regulation, application is made by or on behalf of the informant that in the public interest all or any portion of the public should be excluded during any part of the hearing, the Court may make an order to that effect.”
Embarkation of suspected persons may be prohibited.
“54a. (i) If the behavior of any person is of such a nature as to give reasonable grounds for suspecting that he has acted, or is acting, or is about to act, in a manner prejudicial to the public safety or the defence of the Commonwealth, the competent Naval or Military authority, or any person authorized by him, or any officer of police or Customs may, by order in writing, forbid such person to leave the Commonwealth or to enter on board any vessel about to leave the Commonwealth.
(ii) Any person who leaves, or attempts to leave, the Commonwealth, or enters or attempts to enter on board any vessel in contravention of an order given under this Regulation, shall be guilty of an offence against the Act.
(iii) Any person to whom an order is given under this Regulation shall be informed that any representations he may make against the order will be transmitted to and duly considered by the Minister.
Burden of proof of lawful authority or excuse on accused.
“59a. Where under these Regulations any act if done without lawful authority or without lawful authority or excuse is an offence against these Regulations, the burden of proving that the act was done with lawful authority or with lawful authority or excuse shall rest on the person accused.”
Evidence of orders of competent Naval or Military authority.
“59b. Every document purporting to be an order or other instrument issued by a competent Naval or Military authority and to be signed by such an authority shall be received in evidence and be deemed to be such an order or instrument without further proof unless the contrary is shown.
Regulation 53 is amended as follows:—
After the word “Commonwealth,” in the second line thereof, insert the words “and any person who by reason of his occupation or habits has special opportunities of communicating with the crews and passengers of vessels.”'
Printed and Published for the Government of the Commonwealth of Australia by Albert J, Mullett, Government Printer for the State of Victoria.
C.16353.—Price 3D.