STATUTORY RULES.
1916. No.27.
PROVISIONAL REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1915.
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 Regulations under the War Precautions Act 1914-1915 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this eighth day of March, 1916.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
Amendment of the War Precautions Regulations 1915.
(Statutory Rules 1915, No. 130 as amended by Statutory Rules 1916, No. 11 and No. 13.)
1. Regulation 49da of the War Precautions Regulations is amended by omitting from the definition of “Public Trustee” the words “a person nominated by the Governor-General as a public trustee”, and inserting in their stead the words “the Comptroller-General of Customs.”
2. After Regulation 49da of the War Precautions Regulations, the following Regulation is inserted:—
Delegation by public trustee.
“49daa.—(1) The public trustee may in relation to any particular matters or class of matters or to any particular State, part of the Commonwealth, or part of the British Dominions, by writing under his hand delegate all or any of his powers and functions under the War Precautions Regulations (except this power of delegation) so that the delegated powers and functions may be exercised by the delegate with respect to the matters or class of matters or the State, part of the Commonwealth, or part of the British Dominions, specified in the instrument of delegation.
“(2) Every delegation under this section shall be revocable at will, and no delegation shall prevent the exercise of any power by the public trustee.”
C.2743.—Price 3d.
3. After Regulation 49dh of the War Precautions Regulations, the following Regulation is inserted:—
Companies to supply lists of shareholders.
“49di.—(1) Within one month after the date of the making of this Regulation or within such further time as the Attorney-General, upon application made to him in writing within such period of one month, allows, every company incorporated in Australia shall forward to the Attorney-General a list, verified by Statutory Declaration of the Managing Director, Manager, Secretary, or other proper officer of the company, setting forth the names and addresses of all persons, being shareholders in that company on the twenty-ninth day of January, 1916, who are—
(a) enemy subjects, or
(b) naturalized persons of enemy origin,
and the number of shares held by each such person.
“(2) Any company incorporated in Australia may require any or all of its shareholders to file with the company a statutory declaration or other evidence acceptable to the Company setting out his or their nationality, (and, in the case of a naturalized person of enemy origin, his nationality prior to such naturalization) and any shareholder refusing or failing to do so within a reasonable time after being so required shall be guilty of an offence.”
Printed, and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1916, No. 27, enacted under the authority of the War Precautions Act 1914-1915, introduce Provisional Regulations to address urgent wartime needs during the First World War. These regulations were issued by the Governor-General in Council, reflecting the urgency of the situation and the need for immediate action to safeguard national security and maintain order. The primary policy objective of these regulations was to streamline the administrative processes concerning the identification and management of enemy subjects and naturalized persons of enemy origin within Australia. This was achieved by amending existing regulations to allow for the delegation of powers and functions of the public trustee to the Comptroller-General of Customs, and by requiring Australian companies to supply lists of their shareholders who were either enemy subjects or naturalized persons of enemy origin.
Scope and Application
The Provisional Regulations under the War Precautions Act 1914-1915, as certified by the Governor-General and coming into immediate operation, apply broadly to entities and individuals within Australia and its territories during wartime. These regulations specifically mandate that companies incorporated in Australia must furnish the Attorney-General with a list of shareholders who are enemy subjects or naturalized persons of enemy origin, verified by a statutory declaration from a company officer. Additionally, the public trustee is empowered to delegate certain regulatory functions to other entities or individuals for specific matters or regions, with these delegations being revocable at will. This legislation encompasses companies operating within Australia, requiring them to disclose detailed information about their shareholders to the Attorney-General. These regulations extend their reach to cover all states and territories within the Commonwealth and the British Dominions, ensuring compliance with wartime measures.
Key Provisions
The key provisions of the Provisional Regulations under the War Precautions Act 1914-1915, as outlined in Statutory Rules 1916, No. 27, involve amendments and additions to the War Precautions Regulations 1915. Regulation 49da (1) of these Regulations is amended to replace the definition of "Public Trustee" with the "Comptroller-General of Customs" (Reg. 1). Additionally, a new Regulation 49daa is inserted (Reg. 2), which allows the public trustee to delegate certain powers and functions related to the War Precautions Regulations to a delegate, with the delegation being revocable at will (Reg. 49daa(2)). Another new Regulation, 49di, requires every company incorporated in Australia to furnish a list of shareholders who are enemy subjects or naturalized persons of enemy origin, verified by a statutory declaration from an appropriate company officer (Reg. 49di(1)). Companies may require shareholders to declare their nationality, and failure to comply is an offence (Reg. 49di(2)).
These Regulations impose specific obligations on companies incorporated in Australia and the public trustee. Companies must provide a verified list of shareholders who meet the criteria of being enemy subjects or naturalized persons of enemy origin, including the number of shares held by each such person, to the Attorney-General within one month of the regulation or within an extended period if an application is made (Reg. 49di(1)). Companies can also require shareholders to declare their nationality and, in the case of naturalized persons of enemy origin, their nationality prior to naturalization. Failure to comply with these requirements within a reasonable time after being asked by the company is an offence (Reg. 49di(2)). The public trustee, now defined as the Comptroller-General of Customs, may delegate certain powers and functions under the War Precautions Regulations to a delegate, with the delegation being revocable at will (Reg. 49daa).
The Regulations establish civil consequences for non-compliance by companies and their shareholders. Companies that fail to provide the required list of shareholders who are enemy subjects or naturalized persons of enemy origin, as verified by a statutory declaration, do not comply with Regulation 49di(1). Furthermore, shareholders who do not provide the required declarations of nationality within a reasonable time after being requested by their company are guilty of an offence under Regulation 49di(2). Although the specific penalties for these offences are not detailed in the Regulations, they would generally involve fines or other legal repercussions under applicable laws.