STATUTORY RULES.
1916. No. 19.
PROVISIONAL REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1915.
War Precautions Regulations 1915.—Regulation 12a.—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 seventeenth 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.
Regulation 12a is cancelled, and the following substituted therefor:—
Power to close licensed premises.
“12a. (1) If in the opinion of the Minister the sale of intoxicating liquor is prejudicial to or endangers the health, training, discipline, or administration of any members of the Naval or Military Forces, he may order that all or any premises licensed for the sale of intoxicating liquor within any area specified in the order shall be closed for the sale of intoxicating liquor, except during such hours as may be specified in the order.
(2) If the holder of the licence in respect of any such premises fails to comply with the order, he shall be guilty of an offence against the Act, and the competent Naval or Military authority may cause such steps to be taken as may be necessary to enforce compliance with the order.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.2027.—Price 3d.
Overview
The War Precautions Regulations 1915, enacted under the War Precautions Act 1914-1915, were introduced by the Commonwealth Government to address immediate concerns arising from the First World War. The regulations were designed to ensure the protection and efficiency of the Naval and Military Forces by restricting the sale of intoxicating liquors where it was deemed detrimental to health, training, discipline, or administration of military personnel. The enacting body was the Governor-General in Council, and the overarching policy objective was to support the war effort by maintaining the welfare and readiness of military forces. The amendment specifically allows the Minister to close licensed premises for the sale of liquor if it is considered a threat to military operations within specified areas.
Scope and Application
The War Precautions Regulations 1915, enacted under the War Precautions Act 1914-1915, specifically address the regulation of the sale of intoxicating liquor during the period of wartime. This legislation applies to any premises licensed for the sale of such liquor within areas designated by the Minister, with a particular focus on protecting the health, training, discipline, and administration of members of the Naval or Military Forces. The authority to enforce these regulations lies with the Minister, who can order the closure of licensed premises if the sale of intoxicating liquor is deemed to be prejudicial or dangerous under the circumstances. Non-compliance with these orders by the licence holders constitutes an offence, and enforcement measures can be undertaken by the relevant Naval or Military authorities. The scope of the regulation is national, extending across the Commonwealth of Australia, and the regulations are designed to be flexible, allowing for the issuance of specific orders as deemed necessary by the Minister.
Key Provisions
The War Precautions Regulations 1915, specifically under Regulation 12a, provide the Minister with the authority to close licensed premises that sell intoxicating liquor if it is deemed to be prejudicial to or endangers the health, training, discipline, or administration of members of the Naval or Military Forces. The Minister may issue an order to close such premises within a specified area, except during specified hours. This regulation allows for flexibility in enforcing closures to mitigate risks identified by the Minister. The order can be enforced by the competent Naval or Military authority, ensuring that compliance is achieved even if the licence holder fails to act accordingly.
The obligations imposed by these regulations are primarily on the licence holders of the affected premises. If an order is issued to close their premises, they must comply by ceasing the sale of intoxicating liquor as directed. Failure to adhere to the order constitutes an offence under the Act. This places a significant responsibility on licence holders to ensure that their operations do not interfere with the health and well-being of the military forces. Additionally, the competent Naval or Military authority has the duty to enforce the order, taking necessary steps to ensure compliance, which may include the use of force if required.
Breaches of these regulations can lead to serious consequences. According to Regulation 12a, any licence holder who fails to comply with an order issued by the Minister is guilty of an offence against the War Precautions Act 1914-1915. The competent authority has the power to take necessary steps to enforce compliance, which may involve legal action or other measures to ensure that the premises adhere to the imposed restrictions. The precise civil or criminal penalties are not detailed within the regulation itself but would be subject to the broader provisions of the Act and applicable laws regarding breaches of ministerial orders.