STATUTORY RULES.
1915. No. 105.
PROVISIONAL REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1915.
Regulation 46.—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 regulation under the War Precautions Act 1914-1915 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this twenty-third day of June, One thousand nine hundred and fifteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
War Precautions Regulations.
Amendment.
Regulation 46 is cancelled, and the following substituted therefor:—
Forging and personation.
46. If any person—
(a) forges, alters, or tampers with any naval, military, or police pass, permit, or other document, or any passport, certificate of naturalization, letter of safe conduct, consular certificate or other official document evidencing the nationality of the person named in it; or
(b) uses or has in his possession any such forged, altered, or irregular pass, or other document; or
(c) personates any person to whom such a pass or other document has been duly issued; or
(d) allows any other person to have possession of any such pass or other document issued to him; or
(e) applies to any building, structure, premises or vehicle any lights, letters or marks, for the time being used to indicate that buildings, structures, premises, or vehicles, to which they are applied are used for naval or military purposes, or any lights, letters or marks, so nearly resembling the same as to be calculated to deceive,
he 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.8422.—Price 3d.
Overview
The Statutory Rules 1915 No. 105, titled "Provisional Regulations Under the War Precautions Act 1914-1915," was enacted in 1915 by the Governor-General in Council under the authority granted by the War Precautions Act 1914-1915. This legislation was introduced to address the urgent need to protect national security during the First World War by penalising acts that could undermine military and naval operations or deceive authorities regarding the use of buildings or vehicles for military purposes. The policy objective of this regulation was to prevent the forgery, alteration, or misuse of official documents and to prohibit the impersonation of military personnel or the unauthorised possession of military passes or documents.
The regulation was enacted by the Governor-General in Council on behalf of the Commonwealth of Australia, reflecting the gravity of the situation and the immediate need to impose stringent measures to safeguard the nation's interests during wartime. The amendment to Regulation 46, which substitutes the original regulation, underscores the severity of the offences, including forgery and personation, by imposing penalties on those who engage in such activities. This legislative instrument was published by the Government Printer for the State of Victoria and was designed to come into immediate operation due to the urgency of the wartime context.
Scope and Application
The Provisional Regulations under the War Precautions Act 1914-1915 apply to any person who engages in certain activities that could be considered detrimental to national security during wartime. Specifically, the Act targets those who forge, alter, tamper with, use, possess, or allow others to possess official documents such as naval, military, or police passes, permits, passports, certificates of naturalization, letters of safe conduct, consular certificates, or any other document evidencing nationality. Additionally, the Act prohibits the impersonation of individuals issued with such documents and the unauthorised application of lights, letters, or marks that could be mistaken for those used to indicate buildings or vehicles used for naval or military purposes. This regulation extends to the entire Commonwealth of Australia, reflecting the national scope of the wartime measures. The Act does not specify exclusions or exemptions, applying broadly to any person engaging in the prohibited conduct within the jurisdiction. The regulations can be further extended or restricted through subordinate instruments, which may provide additional details or clarifications on the application of the Act.
Key Provisions
The main operative sections of this Statutory Rule, specifically Regulation 46 under the War Precautions Regulations, outline specific prohibitions and offences related to forgery and personation, particularly in the context of military, naval, or police passes and other official documents (reg. 46(a)–(d)). It also includes prohibitions on the application of certain markings that might indicate naval or military use (reg. 46(e)). These sections aim to prevent the misuse of official documents and to protect the integrity of the documents used for national security purposes.
The obligations and requirements imposed by this Act include strict prohibitions against forging, altering, or tampering with official documents such as passes, permits, passports, and certificates (reg. 46(a)). It also requires that individuals do not possess or use any such forged or altered documents (reg. 46(b)). Furthermore, the Act mandates that individuals do not personate others to whom such passes or documents have been issued (reg. 46(c)), nor do they allow others to possess these documents (reg. 46(d)). Lastly, it is an offence to apply any lights, letters, or marks that could be mistaken for those used by naval or military forces (reg. 46(e)).
In terms of offences and penalties, Regulation 46 specifies that any person found guilty of the offences listed in the regulation shall be guilty of an offence against the War Precautions Act 1914-1915. While the specific penalties are not detailed in the Statutory Rule itself, under the overarching War Precautions Act, breaches of regulations can result in significant penalties. Historically, these could include substantial fines and imprisonment, reflecting the gravity of the offences against national security and the potential for causing harm during wartime. The precise penalties would be determined by the courts, taking into account the circumstances of each case.