STATUTORY RULES.
1916. No. 8.
PROVISIONAL REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1915.
War Precautions Regulations 1915—Regulation 12a—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 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 nineteenth day of January, One thousand nine hundred and sixteen
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
War Precautions Regulations 1915.
Addition.
After Regulation 12 insert the following new Regulation:—
Power to close licensed premises in vicinity of camps, &c.
“12a. (1) If in the opinion of the Governor-General the sale of intoxicating liquor in the vicinity of any camp, fort, post, or hospital at which any troops are stationed on duty is prejudicial to or endangers the health, training, discipline, or administration of the troops, the Governor-General may, by Order published in the Gazette, direct that all or any premises licensed for the sale of intoxicating liquor and situate within five miles of the camp, fort, post, or hospital shall be closed for the sale of intoxicating liquor at Six o’clock of the afternoon.
(2) If the holder of the licence in respect of any such premises fails to comply with the Order, he shall be guilty of an offence against the Act, and the competent naval or military authority may cause such steps to be taken as may be necessary to enforce compliance with the Order.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.394.—Price 3d.
Overview
The War Precautions Regulations 1915, enacted under the War Precautions Act 1914-1915, were introduced to address the urgent need for maintaining discipline and health among troops stationed in or near military installations during World War I. This statutory rule, numbered C1916L00008, was made by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and came into immediate operation due to the exigent circumstances of the time. The primary policy objective of this regulation was to prevent any potential negative impact on the troops' health, training, discipline, or administration caused by the sale of intoxicating liquors in close proximity to military camps, forts, posts, or hospitals. By allowing the Governor-General to close licensed premises within a five-mile radius of these installations, the regulation aimed to create a controlled environment conducive to the effective functioning of the military.
Scope and Application
The War Precautions Regulations 1915, specifically Regulation 12a, applies to all persons or entities holding a licence for the sale of intoxicating liquor within a five-mile radius of any military camp, fort, post, or hospital where troops are stationed. This regulation was enacted under the urgency of the War Precautions Act 1914-1915, and it is intended to protect the health, training, discipline, or administration of the troops by restricting the sale of intoxicating liquor in close proximity to these military installations. The geographic reach of this regulation is national, applying throughout the Commonwealth of Australia. The regulation extends the Governor-General's authority to issue orders to close licensed premises, and any failure to comply with such orders constitutes an offence under the Act. Enforcement of these orders may be carried out by the appropriate naval or military authority. This regulation does not specify any exclusions, exemptions, or thresholds but instead operates broadly to cover all licensed premises within the designated areas.
Key Provisions
The War Precautions Regulations 1915, specifically under Regulation 12a, introduces a new provision aimed at safeguarding the health, training, discipline, and administration of troops stationed in camps, forts, posts, or hospitals. According to section (1) of this regulation, the Governor-General has the authority to close licensed premises within a five-mile radius of such military sites if the sale of intoxicating liquor is deemed to be detrimental to the troops' welfare. This decision is made based on the Governor-General's opinion and must be formally published in the Gazette as an Order. The closures take effect at six o'clock in the afternoon, providing a clear and specific timeframe for compliance.
The obligations imposed by this Act are twofold. Firstly, the Governor-General must exercise their discretion prudently, ensuring that any decision to close licensed premises is genuinely based on the potential harm that the sale of intoxicating liquor might cause to the troops. Secondly, the holders of the licences for the affected premises are required to adhere to the Order published in the Gazette. Failure to comply with this directive constitutes an offence under the Act, which carries certain consequences as outlined in section (2).
In the event that a licence holder fails to comply with the Order to close the premises for the sale of intoxicating liquor, they are liable for an offence under the War Precautions Act 1914-1915. The competent naval or military authority is empowered to take necessary steps to ensure compliance, which may include enforcement actions. While the specific penalties for such an offence are not detailed in the excerpt provided, the implications of non-compliance could include legal repercussions and potential repercussions for the operation of the licensed premises. The gravity of these consequences underscores the importance of adhering to the Governor-General's directives in the interest of military welfare and discipline.