STATUTORY RULES.
1916. No. 1.
PROVISIONAL REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1915.
War Precautions Regulations 1915—Regulation 15a—Addition.
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 Regulation under the War Precaution Act 1914-1915 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this twelfth day of January, One thousand nine hundred and sixteen.
R. M. FERGUSON,
Governor-General.
By his Excellency's Command,
G. F. PEARCE.
War Precautions Regulations 1915.
Addition.
After Regulation 15 insert the following new Regulation:—
“Power to Remove Persons front the Vicinity of Comps, &c.
15a. (1) If in the opinion of the officer in command or in charge of any place of internment far prisoners of war or of any camp, fort, or post at which any troops are stationed on duty, the presence of any person in the vicinity of any such place of internment, camp, fort, or post is prejudicial to the discipline or administration of the prisoners of war interned in any such place, or to the health, training, discipline, or administration of the troops at any such place, camp, fort, or post, the officer in command or in charge, and any officer authorized by him, may by order given in writing, or by word of mouth, require any such person to depart forthwith from the vicinity of such place, camp, fort, or post.
(2) Any person who fails to comply with an order given to him under this paragraph may be arrested forthwith by the officer by whom such order is given, or by any person authorized by him, and removed from the vicinity of the place of internment, camp, fort, or post.
(3) For the purpose of this paragraph the vicinity of any place of internment, camp, fort, or post shall be deemed to include any place within 2 miles of such place of internment, camp, fort, or post, and also any place to which troops stationed at such place, camp, fort, or post resort, and which is more than 2 miles but within 5 miles of such place of internment, camp, fort, or post.
Printed and Published for the Government of the Commonwealth of Australia by
Albert J. Mullett. Government Printer for the State of Victoria.
C.116.—PRICE 3D.
Overview
The War Precautions Regulations 1915, enacted by the Governor-General in Council, were introduced to address urgent needs during the First World War by providing the military authorities with the power to manage and control the immediate environment around internment camps, forts, and posts where troops were stationed. This provisional regulation, certified under the War Precautions Act 1914-1915, aimed to ensure that the presence of any individual in the vicinity of these sites did not compromise the discipline, health, training, or administration of the prisoners of war and troops. The policy objective was to safeguard military operations and the wellbeing of personnel by giving commanding officers the authority to remove individuals from designated areas if their presence posed a risk. This legislative instrument was designed to come into immediate effect due to the exigencies of wartime conditions.
Scope and Application
The Provisional Regulations under the War Precautions Act 1914-1915 pertain specifically to the powers granted to officers in command or charge of places of internment for prisoners of war or military camps, forts, or posts. These regulations empower such officers to remove any individual from the vicinity of these places if their presence is deemed prejudicial to the discipline, administration, health, training, or discipline of the troops. The regulation applies to any person found within a specified proximity, defined as within 2 miles of the place of internment, camp, fort, or post, or any location more than 2 miles but within 5 miles if troops stationed at these places frequent it. Failure to comply with an order to leave the area can result in immediate arrest and removal by the issuing officer or an authorised person. This regulation is an immediate measure enacted by the Governor-General on the advice of the Federal Executive Council, reflecting the urgent wartime context.
Key Provisions
The War Precautions Regulations 1915 (Regulation 15a) provide specific powers to officers in command or in charge of places of internment, camps, forts, or posts where prisoners of war or troops are stationed. Under Regulation 15a(1), these officers can require any person to leave the vicinity of these places if their presence is deemed prejudicial to the discipline, administration, health, training, discipline, or administration of the prisoners or troops. This order can be given in writing or verbally. Regulation 15a(2) states that any person who fails to comply with such an order may be arrested and removed from the area by the officer or a person authorised by them. Regulation 15a(3) defines the vicinity of these places to include any location within 2 miles and any place within 5 miles but more than 2 miles from the place, which troops stationed there may resort to.
These regulations impose specific obligations on officers in command or in charge of places of internment, camps, forts, or posts. They must assess whether a person’s presence in the vicinity is prejudicial to the administration or discipline of prisoners of war or troops and have the authority to issue orders for that person to leave. If a person does not comply with these orders, officers have the authority to arrest and remove that individual from the vicinity. This regulation also mandates that officers authorised by the commanding officer can enforce these orders.
The breach of Regulation 15a(2), where an individual fails to comply with an order to leave the vicinity of a place of internment, camp, fort, or post, is considered an offence under these regulations. The consequences of such a breach include immediate arrest and removal from the vicinity by the officer or an authorised person. The regulation does not specify any particular penalties for this offence, implying that the enforcement actions are the primary consequences of non-compliance. However, the context of the regulation suggests that the primary intent is to maintain order and discipline, rather than to impose punitive measures.