STATUTORY RULES.
1916. No. 81.
PROVISIONAL REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914–1915.
War Precautions Regulations 1915—Regulation 17d—Addition.
I, SIR ARTHUR STANLEY, Governor of the State of Victoria , and its Dependencies, in the Commonwealth of Australia, acting as the Deputy of the Governor-General in accordance with the provision of the Constitution, 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 at a Provisional Regulation.
Dated this third day of May, One thousand nine hundred and sixteen.
A. L. STANLEY,
Deputy for the Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
War Precautions Regulations 1915.
Amendment.
Power to prevent members of Forces from entering premises.
“ 17d. (1) The competent naval or military authority may by order close any premises either at all times and for all purposes, or except during such hours and for such purposes as may be specified in the order, either to all members of His Majesty’s Forces as to such members of His Majesty’s Forces as may be specified in the order.
(2) If the owner or occupier of any such premises or any person employed by the owner or occupier and having charge of such premises, or (in the case of premises owned or occupied by any corporate body or by any association or unincorporated body of persons) the person or persons who have the control or management of such premises, allows any member of His Majesty’s Forces to whom an order under this paragraph relates to be upon such premises in contravention of the order he shall be guilty of an offence against the Act.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.5788.—Price 3D.
Overview
The War Precautions Regulations 1915, enacted as Statutory Rules 1916 No. 81, were introduced to address the urgent need to control access to certain premises by members of His Majesty's Forces during World War I. This legislative instrument, issued under the War Precautions Act 1914–1915, was promulgated by Sir Arthur Stanley, the Governor of Victoria acting as Deputy for the Governor-General, in consultation with the Federal Executive Council. The primary policy objective was to grant the competent naval or military authority the power to close any premises to members of His Majesty's Forces, either at all times or during specified hours and for certain purposes, in order to maintain security and order during the war effort. This regulation aimed to prevent any member of His Majesty’s Forces from entering restricted areas, with penalties for non-compliance set out in the Act.
Scope and Application
The War Precautions Regulations 1915, established under the War Precautions Act 1914–1915, specifically regulate the access of members of His Majesty's Forces to certain premises. These regulations apply to any premises that may be closed to such members by order of a competent naval or military authority, which can include residential, commercial, or public spaces. The authority to close premises can be either total or conditional, specifying certain hours or purposes under which access is permitted. The regulation is enforced against the owner, occupier, or manager of the premises, including corporate or unincorporated bodies, if they allow a member of His Majesty’s Forces to be present in contravention of the order. The geographic reach of these regulations is within the Commonwealth of Australia, with specific enforcement noted for the State of Victoria. The regulations do not specify exclusions, exemptions, or thresholds but instead rely on the discretionary powers of the naval or military authorities to determine the necessity and specifics of premises closures. The scope of the regulations can be further extended or detailed through subordinate instruments issued under the authority of the Act.
Key Provisions
The main operative sections of the War Precautions Regulations 1915 (Section 17d) provide the authority for the competent naval or military authority to close any premises to members of His Majesty’s Forces. This closure can either be complete, prohibiting all access at all times and for all purposes, or it can be partial, allowing access during specified hours and for specified purposes as outlined in the order. This is intended to safeguard the security and interests of His Majesty’s Forces during the wartime context. The regulation is explicit in stating that any owner, occupier, or person in charge of the premises, or those controlling or managing corporate or unincorporated bodies’ premises, must ensure compliance with these orders to prevent unauthorised access by specified members of His Majesty’s Forces.
The obligations imposed by these regulations are clear and stringent. Owners, occupiers, and persons in charge of the premises are required to strictly adhere to the orders issued by the competent naval or military authority. They must ensure that no member of His Majesty’s Forces, who is subject to the restriction order, enters the premises in violation of the order. This includes any form of entry, whether deliberate or accidental. The regulation further extends these obligations to corporate or unincorporated bodies, requiring those in control or management of the premises to enforce the orders diligently.
Failure to comply with these regulations can result in serious consequences. As per the regulation, any breach of the order by allowing a member of His Majesty’s Forces onto the premises in contravention of the order constitutes an offence against the War Precautions Act. While the specific penalties for such offences are not detailed in the regulation itself, it is understood that violations can lead to criminal charges under the Act. The precise nature and severity of penalties would typically be determined by the courts, taking into account the circumstances of each case. However, it is clear that the intent is to enforce strict compliance to uphold the security measures necessary during wartime.