STATUTORY RULES.
1918. No. 37.
REGULATION UNDER THE WAR PRECAUTIONS ACT 1914-1916
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the War Precautions Act 1914-1916, to come into operation forthwith.
Dated this sixth day of February, 1918.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
E. J. RUSSELL,
for Minister of State for Defence.
Amendment of the War Precautions (Shipping) Regulations.
(Statutory Rules 1916, No. 63, as amended by Statutory Rules, 1917; Nos. 245, 263, and 294.)
After regulation 4 of the War Precautions (Shipping) Regulations the following regulation is inserted:—
Control of coastal shipping.
“5. (1) The masters, owners, agents and charterers of every vessel registered in Australia or engaged in the coasting trade shall severally comply with every direction given by the Commonwealth Shipping Board in relation to the movements and use of the vessel and the carriage of cargo.
“(2) The Prime Minister may cancel or vary, as in his opinion the case may require, any contract the carrying out of which is in his opinion inconsistent with any directions given by the Commonwealth Shipping Board in pursuance of this regulation.
“(3) For the purposes of this regulation a vessel shall be deemed to be engaged in the coasting trade if she takes on board passengers or cargo at any port in a State, or a Territory which is part of the Commonwealth, to be carried to, or landed at, any other port in the same State or Territory, or in any other State or other such Territory.
Provided that a vessel shall not be deemed to be engaged in the coasting trade by reason of the fact that she carries—
(a) Passengers who hold through tickets to or from a port beyond Australia and the Territories under the authority of the Commonwealth; or
(b) Cargo consigned on a through bill of lading to or from a port beyond Australia and these Territories and which is not transhipped to or from any vessel trading exclusively in Australian waters; or
(c) Mails between any ports in Australia or in any of these Territories.
“(4) Any direction purporting to be signed by the Chairman or Deputy Chairman or by the Secretary of the Commonwealth Shipping Board by authority of the Board, shall until the contrary is shown be deemed to have been given by the Board.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.1974.—Price 3d.
Overview
The Statutory Rules 1918, No. 37, under the War Precautions Act 1914-1916, was enacted by the Governor-General in Council to address the need for stringent control over coastal shipping during the First World War. This regulation, introduced by the Commonwealth of Australia, aimed to ensure that the movements and use of vessels and the carriage of cargo aligned with the national interests and war efforts. The regulation mandates that masters, owners, agents, and charterers of vessels registered in Australia or engaged in the coasting trade must comply with directives from the Commonwealth Shipping Board. Furthermore, the Prime Minister was granted authority to cancel or vary contracts deemed inconsistent with these directives, thereby ensuring that maritime activities supported the broader objectives of the wartime efforts.
Scope and Application
The War Precautions (Shipping) Regulations made under the War Precautions Act 1914-1916 apply to the masters, owners, agents, and charterers of vessels registered in Australia or engaged in the coasting trade. The regulations specifically govern the movements and use of these vessels and the carriage of cargo, ensuring compliance with directives issued by the Commonwealth Shipping Board. This regulation extends to vessels carrying out coastal trade within Australia, including ports in states and territories that are part of the Commonwealth. Notably, the regulations exclude vessels carrying passengers on through tickets to or from ports beyond Australia, cargo consigned on a through bill of lading to or from such ports, and mails between any Australian ports or territories, provided the cargo or mails are not transhipped to or from vessels exclusively trading within Australian waters. The Prime Minister has the authority to cancel or vary any contract deemed inconsistent with the directives of the Commonwealth Shipping Board. Directions issued by the Chairman, Deputy Chairman, or Secretary of the Commonwealth Shipping Board are considered valid until proven otherwise, thereby extending the reach and enforcement of the regulations.
Key Provisions
The main operative sections of the War Precautions (Shipping) Regulations (Statutory Rules 1916, No. 63, as amended) include Regulation 5, which mandates that the masters, owners, agents, and charterers of every vessel registered in Australia or involved in coastal shipping must comply with every direction given by the Commonwealth Shipping Board regarding the vessel's movements, use, and cargo carriage (Section 5(1)). This regulation also empowers the Prime Minister to cancel or modify any contract deemed inconsistent with the directions issued by the Commonwealth Shipping Board (Section 5(2)). Furthermore, it stipulates that a vessel is considered engaged in the coasting trade if it carries passengers or cargo within Australia or between Australian states or territories, excluding through tickets, through consignments, and mails between Australian ports (Section 5(3) and the proviso).
The Act imposes specific obligations on the masters, owners, agents, and charterers of vessels. They must adhere to all directives issued by the Commonwealth Shipping Board concerning the movement, use, and cargo handling of their vessels. This requirement extends to all vessels registered in Australia or participating in the coasting trade, which includes the carriage of passengers and cargo between ports within Australia, excluding certain exceptions such as through tickets and consignments involving ports outside Australia (Section 5(1) and (3)). Additionally, these parties must ensure that their contracts do not conflict with the directives from the Commonwealth Shipping Board, as the Prime Minister has the authority to cancel or vary such contracts as necessary (Section 5(2)).
Failure to comply with the provisions of these regulations may result in civil or criminal consequences. While the specific penalties are not detailed in the text provided, under the War Precautions Act 1914-1916, non-compliance with regulations made under the Act could lead to fines and imprisonment. The exact penalties would be determined by the courts based on the nature and severity of the breach. Furthermore, the Prime Minister’s authority to cancel or vary contracts inconsistent with the Commonwealth Shipping Board’s directions underscores the seriousness of adhering to the regulatory framework established by the Act.