War Precautions Regulations 1915 (Amendment) (Provisional)

Legislation au C1916L00030 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1916. No. 30.

 

PROVISIONAL REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1915.

War Precautions Regulations 1915—Regulation 17a—Amendment.

Regulation 17b—Addition.

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 fifteenth day of March, One thousand nine hundred and sixteen.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

 

War Precautions Regulations 1915.

Amendment and Addition.

Paragraph 17a (Statutory Rule No. 22 of 1916, dated 25th February, 1916), which reads as follows:—

Persons not to enter British merchant ships without permission.

17a. (1) If any person shall enter on board a British merchant ship which engages in oversea or Inter-State trade while such ship is moored alongside any wharf, or is in any harbor, without the permission, in writing, of the competent naval or military authority, or of the owners of, or agents for, the ship, he shall be guilty of an offence against the Act:

Provided that this Regulation does not apply to—

(a) any person employed by the Commonwealth or State who enters the ship on duty; or

(b) any member of the naval or military forces on duty; or

(c) any person employed by the harbor authorities; or

(d) any member of the ship’s crew, or any person who has engaged a passage in the ship.

(2) If the master or any member of the ship’s crew permits any person to enter on board the ship in contravention of this Regulation he shall be guilty of an offence against this Act.

C.3311.—PRICE 3D.

(3) Any person authorized for the purpose by the competent naval or military authority, or any police constable, or officer of Customs, or any person employed by the harbor authorities, may arrest, without warrant, any person who commits, or atempts to commit, a breach of this Regulation.

is cancelled, and the following substituted:—

Persons not to enter British merchant ships without permission.

17a. (1) If any person shall enter on board a British merchant ship which engages in oversea or Inter-State trade, while such ship is moored alongside any wharf, or is in any harbor, without the permission, in writing, of the competent naval or military authority, or of the owners of, or agents for, the ship, he shall be guilty of an offence against the Act:

Provided that this Regulation shall not apply to—

(a) any person employed by the Commonwealth or State who enters the ship on duty; or

(b) any member of the naval or military forces on duty; or

(c) any person employed by the harbor authorities; or

(d) any member of the ship’s crew, or any person who has engaged a passage in the ship,

(2) The master of any such ship shall maintain a sufficient guard on each gangway by which the ship can be entered, and if he fails to do so he shall be guilty of an offence against the Act.

(3) If the master or any member of the ship’s crew permits any person to enter, or negligently fails to prevent any person from entering, on board the ship in contravention of this Regulation, he shall be guilty of an offence against the Act.

(4) Any person employed by the harbor authorities may, for the purpose of enforcing this Regulation, enter on board any ship.

(5) Any person authorized for the purpose by the competent naval or military authority, or any police constable, or officer of Customs, or any person employed by the harbor authorities, may arrest, without warrant, any person who commits, or attempts to commit, a breach of this Regulation.

Persons not to enter enclosed wharfs, &c.,

After paragraph 17a, the following new paragraph is inserted:—

17b. (1) If any person shall enter on any wharf which is enclosed or shut off by walls, fences, hurdles, or other obstacles erected to prevent or regulate access thereto, without the permission, in writing, of the competent naval or military authority, or of the owners or occupiers of the wharf, he shall be guilty of an offence against the Act.

Provided that this Regulation shall not apply to—

(a) any person employed by the Commonwealth or State who enters the ship on duty; or

(b) any member of the naval or military forces on duty; or

(c) any person employed by the harbor authorities; or

(d) any member of the crew of a ship moored at such wharf, or any person who enters such wharf for the purpose of embarking therefrom in any ship or boat.

(2) Any person authorized for the purpose by the competent naval or military authority, or any police constable, or officer of Customs, or any person employed by the harbor authorities, may order any person found on any wharf (whether enclosed or not), unless such person has permission, in writing, from the competent naval or military authority, or from the owners or occupiers of the wharf, to be thereon, to leave such wharf forthwith, and any person who fails to comply with any such order shall be guilty of an offence against the Act.

(3) Any person authorized for the purpose by the competent naval or military authority, or any police constable, or officer of Customs, or any person employed by the harbor authorities, may arrest, without warrant any person who commits, or attempts to commit, a breach of this Regulation.

Overview

The War Precautions Regulations 1915 were enacted by the Governor-General in Council to address the urgent need for stringent control and security measures during wartime, specifically targeting unauthorised access to British merchant ships and enclosed wharfs. The Regulations were issued under the authority of the War Precautions Act 1914-1915, which aimed to protect national security by providing the government with the necessary powers to enforce measures to safeguard against potential threats during the war. These Provisional Regulations were introduced to immediately establish stringent controls on who could access British merchant ships and enclosed wharfs, thus preventing unauthorised entry that could potentially compromise the security of these critical maritime infrastructures. The policy objective was to ensure that only authorised personnel could access these areas, thereby safeguarding against any activities that might endanger the nation’s security during wartime.

Scope and Application

The War Precautions Regulations 1915, as amended, apply to any person entering British merchant ships engaged in oversea or interstate trade while they are moored at a wharf or in a harbour, as well as any person entering enclosed or restricted wharfs. The regulations establish that unauthorised entry to such ships or wharfs constitutes an offence under the War Precautions Act 1914-1915. However, certain individuals are exempt from these restrictions, including those employed by the Commonwealth or State on duty, members of the naval or military forces on duty, employees of the harbour authorities, and members of a ship’s crew or passengers with a booking on the ship. The regulations impose additional duties on ship masters to maintain a guard on gangways and to prevent unauthorised entry, with failure to comply being an offence. Authorised personnel, such as those from the naval or military authorities, police, Customs officers, and harbour employees, have the power to enforce the regulations, including the authority to order individuals to leave restricted areas and to arrest those who breach the regulations without a warrant.

Key Provisions

The War Precautions Regulations 1915 (section 17a) stipulate that unauthorized entry onto British merchant ships engaged in oversea or interstate trade is prohibited. This includes ships moored at any wharf or in any harbour. The only exceptions are individuals employed by the Commonwealth or State on duty, members of the naval or military forces on duty, employees of the harbor authorities, and members of the ship's crew or passengers who have booked passage. The master of the ship is required to maintain a sufficient guard on each gangway to prevent unauthorized entry (section 17a(2)). Failure to do so or permitting entry without permission makes the master or crew members guilty of an offence (section 17a(3)). Additionally, any person employed by the harbor authorities is permitted to board ships to enforce this regulation (section 17a(4)). Enforcement officers, including those authorized by the naval or military authority, police constables, Customs officers, and harbor authority employees, have the power to arrest individuals who breach this regulation without a warrant (section 17a(5)). The new Regulation 17b introduces restrictions on entering enclosed or otherwise restricted wharfs. Similar to the ship entry provisions, unauthorized entry onto these wharfs is prohibited unless written permission is obtained from the competent naval or military authority or the wharf's owners or occupiers. Exceptions include individuals employed by the Commonwealth or State on duty, members of the naval or military forces on duty, employees of the harbor authorities, and crew members or individuals boarding a ship moored at the wharf (section 17b(1)). Enforcement officers are authorized to order individuals without permission to leave the wharf and can arrest those who fail to comply or who attempt to breach this regulation without a warrant (section 17b(2) and (3)). Breaches of these regulations are treated as offences under the War Precautions Act. Those found guilty of unauthorized entry onto a ship or wharf may face legal consequences. The penalties for such offences are not explicitly stated in the excerpt, but the ability to arrest without a warrant suggests that the breaches are considered serious enough to warrant immediate enforcement action. Further details regarding specific penalties would need to be consulted in the full text of the Act or subsequent legal interpretations. The regulations impose clear obligations on ship masters to ensure compliance by maintaining guards and preventing unauthorized access. They also grant specific enforcement powers to authorized personnel, allowing them to take immediate action against offenders. These provisions are critical for maintaining security and control over maritime and wharf operations during the wartime context of 1916.

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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.