STATUTORY RULES.
1915. No. 119.
PROVISIONAL REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1915.
War Precautions Regulation No. 52 (2) (a)—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 fourteenth day of July, One thousand nine hundred and fifteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
War Precautions Regulation No. 52 (2) (a).
Amendment.
The War Precautions Regulations 1915 (Statutory Rules 1915, No. 77), are amended by repealing sub-paragraph (2) (a) of paragraph 52, and by inserting the following in its place:—
“(2) (a) The Minister or any competent naval or military authority may, by order, require any corporation or person of any class or description to furnish him, either verbally or in writing, with such information, and to produce to him such documents, books and papers, relative to any matter affecting the public safety or the defence of the Commonwealth, as may be specified in the order, and the Minister or the competent naval or military authority may take copies of or extracts from such documents, books and papers, and may impound and retain such documents, books and papers, for such time as he thinks necessary.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.9284.—Price 3d.
Overview
The War Precautions Act 1914-1915 was enacted to provide the federal government with extensive powers to implement measures necessary for the public safety and defence of the Commonwealth during the First World War. In response to the urgent needs arising from the war, the War Precautions Regulation No. 52 (2) (a) was introduced as a Provisional Regulation on 14 July 1915. This regulation, made by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, aimed to amend existing regulations by allowing the Minister or any competent naval or military authority to require corporations or individuals to provide specified information and documents related to matters affecting public safety or national defence. The policy objective was to enhance the ability of the government to gather essential information and documents promptly to safeguard the nation during the war.
Scope and Application
The War Precautions Regulation No. 52 (2) (a) amends the existing War Precautions Regulations 1915, applying to any corporation or person of any class or description within the Commonwealth of Australia. This regulation specifically empowers the Minister or any competent naval or military authority to require individuals or entities to furnish information and produce documents, books, and papers that pertain to matters affecting public safety or the defence of the Commonwealth. The regulation allows these authorities to take copies or extracts and to impound and retain the original documents for a period deemed necessary. The regulation's application extends nationally, covering all jurisdictions within the Commonwealth, and its enforcement is intended to be immediate due to the urgency of wartime conditions. There are no stated exclusions, exemptions, or thresholds within the regulation itself, but the scope of its application may be further defined or restricted through subordinate instruments issued under the authority of the War Precautions Act 1914-1915.
Key Provisions
The War Precautions Regulation No. 52 (2) (a) introduces a significant amendment to the existing regulations under the War Precautions Act 1914-1915. Specifically, it replaces the previous provision (sub-paragraph (2) (a) of paragraph 52) with a new stipulation (section 1). The new regulation empowers the Minister or any competent naval or military authority to issue an order requiring any corporation or person to provide specified information and produce relevant documents, books, and papers that pertain to matters affecting public safety or the defence of the Commonwealth. This provision allows for either verbal or written submissions and permits the authorities to take copies, extracts, or even impound and retain the original documents as deemed necessary for the duration they consider appropriate.
This regulation imposes certain obligations on corporations and individuals. Primarily, they are required to furnish the requested information and produce the specified documents, books, and papers in response to an order issued by the Minister or a competent naval or military authority. This could involve a wide range of documents, from business records to personal identification, depending on the nature of the inquiry and its relevance to public safety or defence. Failure to comply with such an order could have serious repercussions, as the regulation outlines a clear mandate for compliance.
Breach of this regulation can lead to civil or criminal consequences. Although the specific penalties are not detailed in the statutory rules provided, under the broader War Precautions Act 1914-1915, non-compliance with orders issued under the Act can result in penalties, including fines and potential imprisonment. The exact penalties would depend on the severity of the breach and could be determined by the courts based on the specific circumstances of each case. It is clear, however, that the Act takes a stern stance against non-compliance, reflecting the urgent and critical nature of the matters it governs.