STATUTORY RULES.
1915. No. 191.
PROVISIONAL REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1915.
War Precautions Regulations 1915—Regulation 64b—Addition.
I, SIR ARTHUR STANLEY, Governor of the State of Victoria and its Dependencies, in the Commonwealth of Australia, acting as the Deputy for the Governor-General in accordance with the provisions of the Constitution, 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 sixth day of October, One thousand nine hundred and fifteen.
A. L. STANLEY,
Deputy for the Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
War Precaution Regulations 1915.
The following Regulation is inserted after Regulation 64a:—
“64b. Any person who without the written permission of the Minister for Defence remits or attempts to remit from the Commonwealth—
(a) to any enemy subject (wherever resident), or
(b) to any naturalized person (wherever resident), who has at any time been the subject of a State which is at war with the King,
shall be guilty of an offence.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.14103.—Price 3d.
Overview
The War Precautions Regulations 1915, enacted in response to the exigencies of World War I, were designed to provide immediate legislative measures to safeguard Australia's national security and interests during a period of conflict. This legislative instrument, issued under the War Precautions Act 1914-1915, aimed to address the urgent need to control and restrict the movement of funds and resources that could potentially aid enemy forces or individuals affiliated with enemy states. The War Precautions Regulations 1915 were promulgated by the Governor of the State of Victoria, acting as the Deputy for the Governor-General, on the advice of the Federal Executive Council. The policy objective was to ensure that no financial or material support would be inadvertently provided to the enemy through the remittance of funds or resources from Australian soil, thereby maintaining the integrity of national defence efforts. The regulation specifically targeted the unauthorised remittance of funds to enemy subjects or naturalised persons from enemy states, imposing criminal penalties on those who violated these provisions without explicit ministerial approval.
Scope and Application
The War Precautions Regulations 1915, as certified by the Governor of the State of Victoria and applicable throughout the Commonwealth, extend to any individual or entity within the jurisdiction of Australia. Specifically, Regulation 64b targets any person who attempts to remit funds or other valuables to an enemy subject or to a naturalized person from a state at war with the King, without the written permission of the Minister for Defence. This regulation applies broadly to all residents of Australia, ensuring that any attempts to transfer assets to individuals affiliated with enemy states are prohibited and subject to penal consequences. The geographic reach of these regulations encompasses the entire Commonwealth, enforcing uniformity across state lines. This regulation is particularly significant during wartime, as it aims to prevent the outflow of resources that could potentially aid enemy combatants. The regulation does not specify exclusions or exemptions but mandates strict adherence to the prohibition of unapproved remittances to designated individuals, thereby reinforcing national security measures during times of conflict.
Key Provisions
The War Precautions Regulations 1915, particularly under Regulation 64b, introduce a stringent provision concerning the remittance of funds from the Commonwealth. This regulation states that any individual who remits or attempts to remit money from the Commonwealth to an enemy subject or to a naturalized person who has previously been a subject of a state at war with the King, without obtaining written permission from the Minister for Defence, commits an offence (Regulation 64b(a) and (b)). This regulation aims to prevent financial support to enemies during times of conflict by controlling and monitoring remittances.
Under these regulations, the primary obligation imposed on individuals is the requirement to obtain written permission from the Minister for Defence before remitting funds to certain specified recipients. This means that any person intending to remit money must first seek and receive explicit authorisation from the relevant authority to ensure compliance with the regulation. The necessity for prior written permission creates a clear administrative process that must be followed to avoid contravening the law.
Failure to comply with the requirements of Regulation 64b constitutes an offence. The seriousness of the breach is underscored by the potential for criminal liability. While the specific penalties for such an offence are not detailed within the regulation itself, it is reasonable to infer that the consequences could include fines, imprisonment, or both, as is common with regulatory breaches of this nature under Australian law. The precise penalties would typically be determined by the courts, taking into account the circumstances of the offence.