STATUTORY RULES.
1917. No. 302.
REGULATION UNDER THE WAR PRECAUTIONS ACT 1914-1916.
I, SIR ARTHUR LYULPH STANLEY, Governor of the State of Victoria and its Dependencies, acting as the Deputy of the Governor-General in accordance with the provisions of the Constitution, 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 14th day of November, 1917.
A. L. STANLEY,
Deputy of the Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
Amendment of War Precautions (Supplementary) Regulations.
Regulation 7 of the War Precautions (Supplementary) Regulations is repealed and the following Regulation is inserted in its stead:—
Libel and slander proceedings by persons alleged to be enemy subjects.
“7. No person shall, without the written consent of the Attorney-General, bring any action for relief, or take any step in any action brought, or institute criminal proceedings, or take any step in any criminal proceedings instituted, against any person in respect of anything said or done or permitted to be said or done by the defendant which states or implies that the plaintiff or prosecutor (as the case may be) is an enemy subject or a person of enemy origin or associations, or influenced or controlled by enemy subjects, or having or intending to have any connexion with enemy subjects or with subjects of a country with which the King is now at war, either personally or in his trade or business. Provided that, if the Attorney-General is satisfied that the statement or implication has been made maliciously or recklessly, he shall not withhold consent.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.15484.—Price 3d.
Overview
The Statutory Rules 1917 No. 302, enacted under the War Precautions Act 1914-1916, were introduced to address the heightened tensions and legal challenges arising from World War I. The regulation, promulgated by Sir Arthur Lyulph Stanley, acting as the Deputy of the Governor-General, with the advice of the Federal Executive Council, seeks to control and restrict actions related to libel and slander proceedings by individuals claiming to be subjects of enemy nations. This regulatory measure was designed to prevent and mitigate the malicious or reckless dissemination of information that could potentially incite public disorder or exacerbate tensions during wartime. The policy objective was to ensure that any legal actions involving allegations of enemy association or origin required the written consent of the Attorney-General, thus providing a safeguard against unfounded or harmful accusations during a period of national conflict.
Scope and Application
The War Precautions (Supplementary) Regulations, established under the War Precautions Act 1914-1916, apply to any individual or entity seeking to initiate legal proceedings against another person on the basis that the latter is an enemy subject or has associations with enemy subjects. This legislation is intended to protect individuals from unfounded accusations that could arise during times of conflict, thereby preventing the escalation of hostilities through legal means. The regulation's geographic reach is national, as it is enacted by the Commonwealth of Australia, thereby applying across all states and territories. The regulation stipulates that no action for libel or slander can be taken without the written consent of the Attorney-General, who has the discretion to withhold consent if the statements are deemed to have been made maliciously or recklessly. The Attorney-General's role is pivotal in determining the legitimacy of such actions, ensuring that legal proceedings are not abused for personal or political vendettas during wartime.
Key Provisions
The key operative section of this statutory rule is Regulation 7, which is newly inserted under the War Precautions (Supplementary) Regulations. Regulation 7 (7) states that no person shall bring or proceed with any libel or slander action, or institute criminal proceedings, against another person for statements that suggest the latter is an enemy subject or has associations with enemy subjects or countries at war with the King. This applies to both personal and business-related matters. However, if the Attorney-General determines that the statements were made maliciously or recklessly, consent may still be withheld.
This regulation imposes a significant obligation on individuals who might otherwise seek legal redress for defamatory statements. Essentially, they must first obtain written consent from the Attorney-General before proceeding with any legal action of this nature. The Attorney-General has the discretion to withhold consent if they believe the statements were made maliciously or recklessly, thereby providing a safeguard against misuse of the regulation for frivolous or vexatious litigation.
The regulation also includes a provision for potential penalties and consequences for breaches. While the statutory rule does not explicitly detail the penalties, breaches of such regulations under the War Precautions Act 1914-1916 could typically lead to criminal charges. If found guilty, individuals could face imprisonment and fines. The exact penalties would depend on the specific nature of the breach and the applicable laws in place at the time.
Moreover, the regulation ensures that the Attorney-General retains the power to intervene in cases where defamatory statements are made with malicious or reckless intent. This oversight mechanism aims to prevent abuse of the legal process while still allowing for the protection of individuals who may genuinely be the subject of defamatory claims. The regulation thus balances the need to protect individuals from defamation with the broader public interest in maintaining order during times of war.