War Precautions Regulations 1915 (Amendment) (Provisional)

Legislation au C1916L00037 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1916. No. 37.

 

PROVISIONAL REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1915.

War Precautions Regulations 1915.—Regulation 20.—Amendment. Regulations 21a and 46a—Additions.

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 1914-15, should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated this twenty-third day of March, One thousand nine hundred and sixteen.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE.

 

War Precautions Regulations 1915.

Amendments and Additions.

Paragraph 20, which reads as follows:—

Prohibition against photographing &c. naval and military work.

“20. (1) No person shall, without the permission of the competent naval or military authority, make any photograph, sketch, plan, model, or other representation of any naval or military work, or of any dock or harbor work, or of any warship, transport, or naval vessel, or, with intent to assist the enemy, of any other place or thing.

(2) No person in the vicinity of any such work shall, without lawful authority or excuse, have in his possession any photographic or other apparatus, or other material or thing suitable for use in making any such representation.

(3) If any person contravenes the provisions of this Regulation, or without lawful authority or excuse has in his possession any representation of any such work of such a nature as is calculated to be or might be directly or indirectly useful to the enemy, he shall be guilty of an offence against the Act.

(4) For the purpose of this Regulation, the expression “harbor work” includes lights, buoys, beacons, marks, and other things for the purpose of facilitating navigation in or into a harbor.”

is cancelled and the following substituted:—

Prohibition against photographing &c. naval and military work.

“20. No person shall, without the permission of the competent naval or military authority, make any photograph, sketch, plan, model, or other representation of—

(a) any place or thing within any area for the time being specified in an order made by the competent naval or military authority, with the approval of the Naval or Military Board, as being an area within which the making of such representations is prohibited;

C.3982.—Price 3d.


(b) any naval or military work, or any dock or harbor work, wherever situate;

(c) any other place or thing of such a nature that such representations thereof are calculated to be, or might be, directly or indirectly, useful to the enemy;

and no person in any such area or in the vicinity of any such work shall without lawful authority or excuse have in his possession any photographic or other apparatus or other material or thing suitable for use in making any such representation.

If any person contravenes the provisions of this Regulation, or without lawful authority or excuse has in his possession any representation of any such work, place, or thing of such a nature that it is calculated to be or might be directly or indirectly useful to the enemy, he shall be guilty of an offence against the Act;

Provided that nothing in this Regulation shall be construed as prohibiting (where otherwise legal) the making of a photograph, sketch, plan, model, or other representation within any photographic or other studio or a private dwelling house or the garden or other premises attached thereto of any person or things therein, or as prohibiting (where otherwise legal) the possession of photographic or other apparatus, materials or things intended solely for use within such studio, dwelling house, or other premises.

For the purposes of this Regulation—

The expression “naval or military work” includes any work of defence, arsenal, dockyard, camp, depôt or building used for the accommodation of any of His Majesty’s forces, ship, aircraft, telegraph or signal station, searchlight, war material, or place where war material is or is intended to be manufactured, repaired or stored;

The expression “dock or harbor work” includes shipyard, landing stage and pier, and any light, buoy, beacon, mark, or other object or thing designed or used for the purpose of facilitating navigation in or into a harbor.”

Telephone conversation to be in the English language

After paragraph 21 the following new paragraph is inserted:—

“21a. (1) A person shall not converse with any other person by telephone in any other than the English language.

(2) The Postmaster-General may, if he thinks fit; direct that any subscriber’s telephone which the Postmaster-General believes to have been used in contravention of this Regulation be disconnected for such period and on such terms and conditions as the Postmaster General thinks fit.

(3) Any such disconnection shall be in addition to any penalty imposed for any contravention of sub-Regulation (1) of this Regulation.”

After paragraph 46 the following new paragraph is inserted:—

Assisting escape of prisoners of war an offence.

“46a. If any person assists any prisoner of war or interned person to escape, or knowingly harbors or assists any such person who has escaped, or without lawful authority transmits, either by post or otherwise, or conveys to any prisoner of war or interned person any money or valuable security or any article likely to facilitate the escape of any prisoner of war or interned person, or in any way to interfere with the discipline or administration of any place of detention for prisoners of war or interned persons, he shall be guilty of an offence against these Regulations.”

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The War Precautions Regulations 1915 were enacted to address the urgent need for stringent controls during wartime to safeguard national security and military operations. These regulations, introduced by the Governor-General in Council under the War Precautions Act 1914-15, were designed to prevent any form of espionage or assistance to the enemy by prohibiting the making of photographs, sketches, plans, or models of military and naval works, docks, harbors, and other strategic locations. Additionally, the regulations aimed to ensure that communication in Australia remained in English by mandating that telephone conversations must be conducted in English only. The policy objective was to maintain order and security within the nation during a period of war by restricting potentially harmful activities and ensuring that communications were not compromised. These provisions were considered necessary to prevent any actions that could be detrimental to the war effort.

Scope and Application

The War Precautions Regulations 1915, established under the War Precautions Act 1914-1915, apply to all individuals within the Commonwealth of Australia and extend to prohibiting certain activities that could be deemed useful to an enemy force. These regulations explicitly prohibit individuals from making photographs, sketches, plans, models, or other representations of specified areas and activities without the permission of the competent naval or military authority. The prohibited areas include those specified by order as well as any naval or military work or dock or harbor work. Additionally, the regulations apply to any place or thing that might be directly or indirectly useful to an enemy. Individuals found in possession of materials suitable for creating such representations without lawful authority or excuse also contravene the regulations. Exemptions are provided for activities conducted within legal studios, private dwellings, or their attached premises. Further, the regulations mandate that telephone conversations must be conducted in the English language, with the Postmaster-General having the authority to disconnect non-compliant telephones. Moreover, the regulations criminalise actions that assist prisoners of war or interned persons to escape or interfere with detention facilities, including transmitting money, valuables, or items that might facilitate escape. These provisions underscore the Commonwealth's imperative to maintain security and order during wartime, with specific amendments and additions expanding the scope of enforcement and penalties for violations.

Key Provisions

The War Precautions Regulations 1915, as amended, contain several key provisions that mandate specific actions and prohibitions during wartime. Under the amended Regulation 20, it is now illegal for any person to make any photograph, sketch, plan, model, or other representation of certain specified areas and items without permission from the appropriate naval or military authority. This includes any place or thing within a designated area specified by an order made by the competent authority, any naval or military work, dock or harbour work, or any other place or thing that could be useful to the enemy (Regulation 20(1)). Additionally, it is prohibited for individuals to possess any photographic or other apparatus or materials suitable for making such representations in these areas or near such works without lawful authority or excuse (Regulation 20(2)). Exceptions are made for representations made within a photographic studio, private dwelling, or attached premises where such activities are otherwise legal, and for the possession of equipment intended solely for use in these places (Regulation 20(3)). The Regulations impose several obligations on individuals and entities. Firstly, they must obtain permission from the relevant naval or military authority before making any representation of the prohibited areas or items (Regulation 20(1)). Secondly, they must ensure that they do not possess any apparatus or materials that could be used to make such representations in the specified areas or near the prohibited works without lawful authority or excuse (Regulation 20(2)). Failure to comply with these obligations may result in criminal liability under the Act. Violations of these Regulations attract specific penalties. For example, under the amended Regulation 20, any person who contravenes the prohibition on making representations or possessing apparatus or materials for such purposes is guilty of an offence against the Act (Regulation 20(4)). Similarly, under the new Regulation 21a, any person who converses by telephone in a language other than English commits an offence. The Postmaster-General has the authority to disconnect a subscriber's telephone if they believe it has been used in contravention of this Regulation, in addition to any other penalties imposed (Regulation 21a(2)-(3)). Furthermore, under the new Regulation 46a, any person who assists a prisoner of war or interned person to escape, or knowingly harbours or assists such a person who has escaped, or transmits money, valuable securities, or articles likely to facilitate escape, commits an offence. These offences carry potential criminal and civil consequences, with specific penalties prescribed by the Act.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.