War Precautions (Supplementary) Regulations 1916 (Amendment)

Overview

The War Precautions (Supplementary) Regulations 1917, enacted by the Governor-General in Council, under the War Precautions Act 1914-1916, aim to provide the Federal Government with additional powers to address wartime challenges. These Regulations were introduced to provide a comprehensive legal framework for managing activities deemed a risk during the war, particularly focusing on the control of intoxicating liquors. The enactment of these Regulations by the Federal Executive Council demonstrates a policy objective to ensure public safety and maintain order by restricting activities that could potentially compromise national security or public morality during the war. The Regulations empower the Minister to declare specific areas, including Broken Hill and Port Pirie, where the sale and consumption of intoxicating liquors are prohibited, reflecting a broader strategy to manage wartime resources and public conduct effectively.

Scope and Application

The Regulation under the War Precautions Act 1914-1916 targets the holders of licences for the sale of intoxicating liquor in specific areas, namely the towns of Broken Hill in New South Wales and Port Pirie in South Australia, as well as any additional areas subsequently declared by the Minister in the Commonwealth Gazette. The Act aims to prevent the operation of licensed premises for the sale of intoxicating liquor, the sale of such liquor, and its consumption on licensed premises in these designated areas. This regulation is an extension of the War Precautions (Supplementary) Regulations, which have been amended multiple times to adapt to the evolving wartime context. The regulation applies to any actions of employees of the licence holders that, if performed by the licence holders themselves, would constitute a breach of the regulation. The Minister retains the authority to rescind the application of this regulation to any specific area via a notice in the Gazette. The regulation also specifies that it does not apply to the sale or consumption of intoxicating liquor on Sundays, which is permitted by state or territory law. This regulation underscores the Commonwealth's power to implement stringent measures in times of war to safeguard national security and public order.

Key Provisions

The main operative sections of this regulation (Regulation 29) primarily concern the prohibition of certain activities related to the sale and consumption of intoxicating liquors in specified areas. Regulation 29(1) explicitly prohibits the holder of a licence under any State Act or Ordinance for the sale of intoxicating liquor from keeping their premises open, selling intoxicating liquor, or permitting its consumption on or from their licensed premises. Regulation 29(2) specifies that this prohibition applies to the town of Broken Hill in New South Wales, the town of Port Pirie in South Australia, and any other areas declared by the Minister through a notice in the Gazette. Regulation 29(3) allows the Minister to declare, via Gazette notice, that the regulation shall cease to apply to any particular area, thereby exempting it from the prohibitions set out in Regulation 29. This regulation imposes significant obligations on the holders of liquor licences in the specified areas. They are prohibited from keeping their premises open for the sale of intoxicating liquor, selling any intoxicating liquor, or permitting any intoxicating liquor to be consumed on or taken from their licensed premises. Furthermore, Regulation 29(4) extends the prohibition to the actions of employees of the licence holder, treating any contravention by an employee as a contravention by both the employee and the employer. This means that not only must the licence holder refrain from these activities, but they must also ensure that their employees do not engage in them. Regulation 29(5) provides an exception to the regulation, allowing sales or consumption of intoxicating liquor that would otherwise be permitted by the law of the State or Territory on a Sunday. Breach of the provisions of Regulation 29 may result in civil or criminal consequences, depending on the nature and severity of the contravention. Regulation 29(4) makes it clear that any act by an employee that would be a contravention if done by the employer constitutes a breach by both the employee and the employer. The specific penalties for contraventions are not detailed in the regulation itself, but under the War Precautions Act 1914-1916, penalties for breaches of regulations can include fines and imprisonment. The maximum penalties would be determined by the specific provisions of the Act and any applicable State or Territory laws.