STATUTORY RULES.
1916. No. 105.
PROVISIONAL REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1915.
War Precautions Regulations 1915—Regulation 63b.
Addition.
I, SIR ARTHUR STANLEY, Governor of the State of Victoria and its Dependencies in the Commonwealth of Australia, acting as the Deputy of 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 twenty-fourth day of May, One thousand nine hundred and sixteen.
A. L STANLEY,
Deputy for the Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
War Precautions Regulations 1915.
Addition.
After paragraph 63a the following new paragraph is inserted:—
Aliens Restriction Order 1915 to apply to British subjects who are also enemy subjects.
63b. (1) The provisions of the Aliens Restriction Order 1915 (including any provisions amended or inserted by any Order made after the making of this paragraph) with reference to alien enemies shall apply to any British subject who is also a subject of a Sovereign or State which is at war with His Majesty to the same extent as if such person were not a British subject.
(2) For the purposes of this paragraph, any person whose conduct has been such as to show that he considers himself an enemy subject, or who has been treated by or enemy Sovereign or State as a subject of such Sovereign or State, may be deemed to be a subject of such Sovereign or State.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C. 6716.—Price 3d.
Overview
The War Precautions Regulations 1915, enacted as Statutory Rules 1916 No. 105, were introduced to address the urgent needs arising from the First World War, particularly in relation to the security and control of individuals who posed a potential threat to the nation. This legislation was established under the War Precautions Act 1914-1915, and it was enacted by the Governor of the State of Victoria, Sir Arthur Stanley, acting as the Deputy of the Governor-General. The primary objective of these regulations was to extend the provisions of the Aliens Restriction Order 1915 to British subjects who were also subjects of enemy nations, ensuring that they were subject to the same restrictions as alien enemies. This measure aimed to mitigate any potential risks posed by individuals who might have divided loyalties during wartime.
Scope and Application
The War Precautions Regulations 1915, specifically Regulation 63b, extend the application of the Aliens Restriction Order 1915 to include British subjects who are also subjects of an enemy sovereign or state. This regulation applies to any individual who is considered to be an enemy subject due to their conduct or treatment by an enemy sovereign or state. The scope of this regulation is to ensure that the restrictions imposed on alien enemies are equally applicable to British subjects who are also enemies, thereby maintaining the integrity of wartime measures against potential threats from within. The regulation applies on a national level across the Commonwealth of Australia, reinforcing the jurisdiction of wartime measures throughout the country. Notably, the regulation does not specify any exclusions or exemptions, thereby encompassing all British subjects who are also subjects of enemy states. The application of this regulation is further extended through any amendments or insertions made to the Aliens Restriction Order 1915, ensuring that the measures remain current and effective against evolving wartime circumstances.
Key Provisions
The War Precautions Regulations 1915, specifically under Regulation 63b, extend the provisions of the Aliens Restriction Order 1915 to include British subjects who are also subjects of enemy states. This means that individuals who hold dual citizenship with an enemy state engaged in conflict with His Majesty are to be subject to the same restrictions and requirements as those imposed on alien enemies. This application of restrictions is detailed in subsection (1), which explicitly states that the regulations will apply to such individuals as if they were not British subjects. Subsection (2) further clarifies that any person who behaves in a manner indicating allegiance to an enemy state or is treated as such by an enemy sovereign or state can be considered a subject of that enemy state for the purposes of this regulation.
Under these provisions, the obligations placed on individuals who fall under this regulation are significant. They must adhere to the same restrictions and requirements as alien enemies, which likely includes limitations on their movement, communications, and possibly their ability to conduct certain activities that could be detrimental to national security. This could involve reporting to authorities, restrictions on travel, and other measures designed to prevent espionage, sabotage, or other activities that could aid the enemy.
Failure to comply with these regulations could result in serious consequences. While the specific penalties are not detailed within the excerpt provided, breaches of wartime regulations typically result in substantial penalties. In the context of the War Precautions Act 1914-1915, penalties for non-compliance could include fines, imprisonment, or both, depending on the severity of the breach and the discretion of the courts. The overarching aim is to ensure that individuals who are considered a security risk due to their dual allegiances are effectively controlled and monitored to safeguard national interests during wartime.