STATUTORY RULES.
1915. No. 135.
PROVISIONAL REGULATION UNDER THE WAR PRECAUTIONS ACT 1915.
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 1915 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this fourth day of August, One thousand nine hundred and fifteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
The War Precautions Regulations 1915 are amended by inserting after Regulation 56 the following new Regulation:—
Arrest of persons of hostile origin or association.
“56a.—(1.) Where in the opinion of the Minister, for securing the public safety and the defence of the Commonwealth, it is expedient in view of the hostile origin or associations of any person that he should be detained in military custody, the Minister may, by warrant under his hand, order him to be detained in military custody in such place as he thinks fit during the continuance of the present war:
Provided that the order shall, in the case of any person who is not a subject of a State at war with His Majesty, include express provision for the due consideration by the Minister of any representations he may make against the order.
(2.) The Minister may telegraph a copy of any such warrant to the competent naval or military authority, and action may be taken on such telegraphed copy as if it were the original.
(3.) Nothing in this Regulation shall be construed to restrict or prejudice the application and effect of Regulations 55 and 56, or any power of interning aliens who are subjects of any State at war with His Majesty.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.10616—Price 3d.
Overview
The War Precautions Regulations 1915 were introduced by the Commonwealth Government to provide a legal framework for addressing potential threats to national security during the period of World War I. Enacted under the authority of the War Precautions Act 1915, these regulations aimed to provide the necessary powers for the Minister of Defence to detain individuals deemed to pose a risk to public safety and the defence of the Commonwealth due to their hostile origin or associations. This Provisional Regulation, specifically Regulation 56a, allows the Minister to order the detention of such individuals in military custody for the duration of the war, while also ensuring that non-subjects of enemy states have the opportunity to make representations against such orders. The urgency and gravity of the situation necessitated the immediate implementation of these measures, reflecting the Commonwealth's commitment to safeguarding national interests during times of conflict.
Scope and Application
The War Precautions Regulations 1915, as amended by Statutory Rules 1915 No. 135, extend to the detention of individuals deemed to be of hostile origin or association for the purposes of ensuring public safety and the defence of the Commonwealth during the war. This regulation applies to any person whose detention is deemed necessary by the Minister, with special consideration provided for those who are not subjects of a state at war with His Majesty. The regulation allows for the Minister to issue a warrant for the detention of such individuals in military custody, with the provision that the order must include a mechanism for considering any representations made against the detention. The regulation also provides for the communication of these warrants via telegraph to relevant authorities, who may act on the copy as if it were the original. It is important to note that this regulation does not affect the application of existing regulations or the powers of interning aliens who are subjects of a state at war with His Majesty. The regulation has a national jurisdictional reach as it is a Provisional Regulation under the Commonwealth's War Precautions Act 1915.
Key Provisions
The key provision introduced by this legislation is Regulation 56a (C1915L00135), which allows the Minister, for reasons of public safety and the defence of the Commonwealth, to order the detention in military custody of any person deemed to have a hostile origin or association, during the continuance of the present war. The Minister can issue a warrant under their hand to effect this detention (subsection 56a(1)). This regulation also mandates that if the detained person is not a subject of a State at war with His Majesty, the order must include provisions for the Minister to consider any representations made by the individual against the order (subsection 56a(1)). The Minister may communicate the warrant to the relevant naval or military authority via telegraph, with the authority acting on the telegraphed copy as if it were the original document (subsection 56a(2)). Importantly, this regulation does not restrict or affect the application of Regulations 55 and 56 or any powers relating to the internment of aliens who are subjects of a State at war with His Majesty (subsection 56a(3)).
The obligations imposed by this regulation on the Minister include the responsibility to assess whether detaining a person in military custody is necessary for public safety and the defence of the Commonwealth, considering their hostile origin or association. The Minister must ensure that any order issued under this regulation includes a provision for considering representations from individuals who are not subjects of a State at war with His Majesty. Furthermore, the Minister has the authority to communicate the warrant to the appropriate military or naval authority, who must act on the telegraphed copy of the warrant.
There are no explicit offences, penalties, or civil or criminal consequences stated within this regulation. However, any actions taken under this regulation, such as the detention of an individual, must comply with the requirements set out in the regulation. Breaches of the regulation, if they were to occur, would likely be addressed under the general legal framework governing the administration of the War Precautions Act 1915 and related legislative instruments.