STATUTORY RULES.
1918. No. 111.
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REGULATIONS 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 eighth day of May, 1918.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
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Amendment of the War Precautions (Supplementary) Regulations.
(Statutory Rules 1916, No. 97, as amended by Statutory Rules 1916, Nos. 112, 122, 128, 129, 135, 167, 218, 219, 250, 253, 254, 255, 263, 271, 272, 289, 293, 298, 300, 301, 303, and 328, and Statutory Rules 1917, Nos. 12, 17, 37, 56, 65, 73, 94, 182, 196, 211, 222, 243, 254, 281, and 282, and Statutory Rules 1918, Nos. 56, 77, 85, 89, 97, 98, and 99.)
After regulation 44 of the War Precautions (Supplementary) Regulations the following regulation is inserted:—
Application of Acts Interpretation Acts to Regulations.
“45. The Acts Interpretation Act 1901-1916 and the Acts Interpretation Act 1904-1916 shall, so far as applicable, apply to all regulations made under the War Precautions Act 1914-1916 and to all orders and rules made thereunder, in like manner as if the regulations, orders and rules were Acts.”
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1918, No. 111, made under the War Precautions Act 1914-1916, were introduced by the Commonwealth Parliament to provide a legislative framework for addressing the exigencies of war. Enacted on 8 May 1918 by the Governor-General in Council, these regulations aimed to ensure that the provisions of the War Precautions Act and its supplementary regulations were interpreted consistently with the Acts Interpretation Acts. This regulatory amendment was intended to streamline the application of statutory interpretation principles to the wartime measures, thereby maintaining clarity and coherence in the legislative process during the period of conflict. The overarching policy objective was to support the efficient administration of war precautions by ensuring that the regulations were subject to the same interpretative standards as other acts of Parliament.
Scope and Application
The War Precautions (Supplementary) Regulations, as amended by Statutory Rules 1918, No. 111, apply to all regulations made under the War Precautions Act 1914-1916 and to any orders and rules made thereunder. This legislation applies broadly to a wide range of entities and individuals within the Commonwealth of Australia, encompassing both public and private sectors, to ensure compliance with the overarching War Precautions Act. The regulations are designed to govern conduct and transactions that may impact national security and defence efforts during times of war or national emergency. The geographic scope of these regulations extends across the entire Commonwealth of Australia, thus including all states and territories within its jurisdiction. The application of these regulations is extensive, with few exclusions, though specific industries or activities may be subject to further delineation through subordinate instruments. The Regulations explicitly state that the Acts Interpretation Act 1901-1916 and the Acts Interpretation Act 1904-1916 shall apply to them, ensuring consistency in interpretation and enforcement across various legal contexts.
Key Provisions
The Regulation under the War Precautions Act 1914-1916 introduces a new regulation (Regulation 45) that applies the Acts Interpretation Acts 1901-1916 and 1904-1916 to all regulations, orders, and rules made under the War Precautions Act. This means that the interpretation provisions of these Acts will govern how the War Precautions Regulations and any subsidiary rules are to be understood and applied (Regulation 45).
The inclusion of these interpretation Acts imposes certain obligations on those who must comply with the War Precautions Regulations. It requires a consistent and coherent approach to interpreting the various provisions of the regulations, ensuring that they are read and applied in a manner that is as clear and unambiguous as possible. This is essential for both the enforcement of the regulations and for those subject to them to understand their obligations and rights.
Failure to comply with the War Precautions Regulations could lead to various legal consequences. Under the War Precautions Act 1914-1916, breaches of the regulations could result in criminal charges, with penalties that may include fines and imprisonment. The specific penalties would depend on the nature and severity of the breach, as outlined in the Act itself or in related legislation. Additionally, civil remedies may be available to those who suffer loss or damage as a result of a breach of the regulations. The precise consequences of non-compliance would be determined by the courts based on the facts of each case and the relevant provisions of the War Precautions Act and other applicable laws.