War Precautions (Supplementary) Regulations 1916 (Amendment)

Overview

The War Precautions (Supplementary) Regulations 1916, as amended by Statutory Rules 1919 No. 184, were introduced to address the need for specific regulations concerning the sale and consumption of intoxicating liquors on Peace Celebration Day, 19 July 1919. These regulations were enacted by the Deputy of the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, under the authority of the War Precautions Act 1914-1918. The objective of this particular amendment was to ensure that licensed premises did not operate for the sale or consumption of alcohol on the designated Peace Celebration Day, thereby maintaining public order and decorum during the national celebrations marking the end of World War I. The regulations also held both licence holders and their employees accountable for any contraventions of these rules.

Scope and Application

The War Precautions (Supplementary) Regulations 1916, as amended, under the War Precautions Act 1914-1918, apply to all holders of a licence granted under any State Act or any Ordinance for the sale of intoxicating liquor, effectively covering all entities and individuals engaged in the sale of alcohol within the Commonwealth of Australia. These regulations are particularly concerned with the prohibition of the sale, consumption, or availability of intoxicating liquor on Peace Celebration Day, which in this instance is specified as the nineteenth day of July, 1919. This restriction extends to any acts by employees that would constitute a breach if performed by the licence holder. Notably, the regulation does not apply to any sale or consumption of intoxicating liquor that would be legally permissible if the Peace Celebration Day were a Sunday, as per the laws of the respective State or Territory. This regulation underscores the legislative intent to enforce a unified approach to the celebration of peace, reflecting the significant national event and its implications for public order and safety.

Key Provisions

The main operative sections of these regulations, found in regulation 55, establish the prohibition on the sale and consumption of intoxicating liquor on the specific date of 19 July 1919, referred to as "Peace Celebration Day." Regulation 55(1) mandates that the holder of a liquor licence granted under any State Act or Ordinance must not keep their premises open for the sale of intoxicating liquor during Peace Celebration Day. Regulation 55(2) prohibits the sale of any intoxicating liquor or permitting such sales on this day. Regulation 55(3) further extends this prohibition to the consumption of intoxicating liquor on or taken from the licensed premises on Peace Celebration Day. Regulation 55(4) holds both the employer and the employee accountable if the employee performs any act that would contravene the regulation if done by the employer. Regulation 55(5) provides an exception for actions that would be permitted by State or Territory law if Peace Celebration Day were a Sunday. Lastly, regulation 55(6) defines "Peace Celebration Day" as 19 July 1919. These regulations impose several obligations and requirements on the holders of liquor licences. Primarily, they must ensure that their premises are not open for the sale of intoxicating liquor and must not permit the sale or consumption of any intoxicating liquor on Peace Celebration Day. This requirement extends to any actions by employees, which if done by the employer, would constitute a breach of the regulation. Licence holders must also ensure that their employees understand and comply with these restrictions. Additionally, the regulations necessitate that any actions taken by employees that would breach the regulations if done by the employer are treated as a breach by both the employee and the employer. Breaches of these regulations can lead to both civil and criminal consequences. While the regulations do not explicitly state penalties, under the War Precautions Act 1914-1918, breaches of regulations made under this Act can result in fines and, in serious cases, imprisonment. The exact penalties would be determined by the courts based on the specific circumstances of the breach. Given the context of the regulations and the potential public order implications, penalties could be significant, especially if the breach involves public consumption or sale of alcohol on a day meant to be a celebration of peace.