STATUTORY RULES.
1916. No. 15.
PROVISIONAL REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1915.
War Precautions Regulations 1915.—Regulation 23 (1)—Amendment; Regulation 47a—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 Regulations under the War Precautions Act 1914-1915 should come into immediate operation, and to make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this second day of February, One thousand nine hundred and sixteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
War Precautions Regulations 1915.
Amendment and Addition.
Regulation 23 (1)—Amendment—
For the words “Postmaster-General.” substitute the words “Minister for the Navy.”
After Regulation 47 insert the following new Regulation: —
Protection from distress &c. of means of livelihood &c. of female dependants of soldiers.
“47a. (1) No person shall under a bill of sale, or writ of execution, or other process issued by a Court, or by way of distress, seize or take possession of—
(а) Any chattels, which are used by any female dependant of any member of a force raised for service beyond Australia to support or assist in supporting herself or any of the family of such member; or
(b) any furniture or wearing apparel belonging to any such member or female dependant; provided that if the furniture and wearing apparel belonging to such member and his female dependants exceed in value £50, any articles may be seized and taken possession of under due authority of law if the articles remaining are not less in value than £50.
(2) If any person contravenes the provisions of this paragraph, he shall be guilty of an offence against the Act.
(3) For the purpose of this paragraph female dependant shall mean any female who is wholly or partly dependent for her support upon the pay of a member of a force raised for service beyond Australia.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.1049.—Price 3d.
Overview
The War Precautions Regulations 1915, introduced as a statutory rule in 1916, were enacted by the Governor-General in Council under the authority of the War Precautions Act 1914-1915. This legislative instrument was a response to the urgent needs arising from the First World War, aimed at protecting the means of livelihood of female dependants of soldiers serving beyond Australian borders. The regulations were designed to prevent the seizure of essential chattels, furniture, and wearing apparel that female dependants of soldiers might need for their support and to ensure that the financial burden did not fall disproportionately on these families during the war. The policy objective was to provide immediate relief and support to the families of servicemen, recognising the critical role they played in maintaining the morale and well-being of the soldiers.
Scope and Application
The War Precautions Regulations 1915, enacted under the War Precautions Act 1914-1915, apply to all persons and entities within the Commonwealth of Australia. The regulations are particularly concerned with the protection of the means of livelihood and possessions of female dependants of soldiers serving beyond Australia. These regulations amend existing provisions and introduce new protections, ensuring that essential chattels, furniture, and apparel used or belonging to female dependants and soldiers are safeguarded from seizure, thereby supporting their livelihoods during the war effort. However, items exceeding £50 in value may be subject to seizure if the remaining items are valued at least £50, providing a threshold for legal action. The regulations are enforced nationally, applying uniformly across all states and territories within Australia, and any breaches of these provisions are considered offences under the Act. The regulations may be further extended or modified through subordinate instruments as necessitated by the exigencies of the war.
Key Provisions
The War Precautions Regulations 1915 contain two main provisions: an amendment to Regulation 23(1) and the addition of a new Regulation 47a. Regulation 23(1) has been amended to replace the term "Postmaster-General" with "Minister for the Navy." This change likely reflects an adjustment in the administrative oversight of wartime measures, transferring certain responsibilities from the Postmaster-General to the Minister for the Navy. Regulation 47a introduces new provisions aimed at protecting the means of livelihood of female dependants of soldiers. Specifically, it prohibits the seizure of any chattels used by a female dependant of a service member to support herself or her family, as well as any furniture or wearing apparel belonging to the service member or their female dependant, unless the value of the remaining items exceeds £50.
Under these Regulations, there are specific obligations imposed on individuals and entities. Persons are prohibited from seizing or taking possession of certain chattels and personal belongings of female dependants of soldiers under any legal process such as a bill of sale, writ of execution, or distress. This protection extends to any items used by the female dependant for self-support or those belonging to the service member or their dependant, unless the value of the remaining items after seizure exceeds £50. This provision is designed to safeguard the essential possessions of women who rely on the income of service members for their livelihood.
Failure to comply with the provisions of Regulation 47a constitutes an offence under the War Precautions Act. Specifically, anyone who seizes or takes possession of prohibited items in contravention of this regulation shall be guilty of an offence. The Regulations do not explicitly state the penalties for such offences, but under the War Precautions Act, penalties for breaches of regulations can include fines and imprisonment. The exact penalties would be determined based on the specific breach and the provisions of the overarching Act.