STATUTORY RULES.
1917. No. 196.
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 Regulations, under the War Precautions Act 1914-1916, to come into operation forthwith.
Dated this 20th day of August, 1917.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
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, 328, and Statutory Rules 1917, Nos. 12, 17, 37, 56, 65, 73, 94, and 182).
1. Regulation 10 of the War Precautions (Supplementary Regulations is amended by omitting the words “the person” and inserting in their stead the words “any person.”
2. After Regulation 10 the following Regulation is inserted:—
Proceedings on contracts relating to wheat and flour.
“10a. No person shall, without the consent of the Attorney-General, institute any action or other proceeding arising out of or in consequence of the non-performance of any contract for the sale or delivery of any wheat or flour, or take any further steps in any such action or other proceeding brought, against the Government of the Commonwealth or of any State or officer of the Commonwealth or of any State, or any Commonwealth or State authority or officer thereof or any person:
Provided that the Attorney-General shall not withhold his consent to the institution of the action or proceeding or the taking of further steps in any action or proceeding if he is satisfied that the non-performance of the contract was not due to the action of any Commonwealth or State authority, or of any joint Commonwealth and State authority in relation to the marketing of wheat or flour.”
Printed and Published for the Government of the Commonwealth of Australia by, Albert J. Mullett, Government Printer for the State of Victoria.
C.11087.—Price 3d.
Overview
The War Precautions (Supplementary) Regulations 1917, enacted by the Governor-General in Council, were introduced to address the need for stringent control over actions relating to wheat and flour contracts during the period of World War I. This legislative instrument amended the War Precautions (Supplementary) Regulations to ensure that any legal action or proceeding stemming from the non-performance of contracts for the sale or delivery of wheat or flour required the consent of the Attorney-General. This measure was aimed at preventing unnecessary legal disputes that could be linked to the wartime marketing of wheat and flour, thereby maintaining order and stability in essential supplies during a critical period for the nation. The enactment of these regulations reflects the overarching policy objective of the War Precautions Act 1914-1916, which was to provide comprehensive powers to the government to protect the nation's interests during the war.
Scope and Application
The War Precautions (Supplementary) Regulations, as amended by Statutory Rules 1917, No. 196, extend the application of the War Precautions Act 1914-1916 to include restrictions on legal proceedings related to wheat and flour contracts. These regulations apply to any person who seeks to initiate or continue legal action against the Commonwealth, a State, or any governmental authority or officer in connection with non-performance of contracts for the sale or delivery of wheat or flour, unless the Attorney-General consents. This consent shall not be withheld if the Attorney-General determines that the non-performance was not due to actions by any Commonwealth or State authority involved in the marketing of wheat or flour. The regulations have a national reach, affecting all persons and entities involved in wheat and flour transactions within the Commonwealth of Australia. The regulations do not specify exclusions or exemptions beyond the condition of Attorney-General's consent, and they may be further extended or restricted through additional subordinate instruments.
Key Provisions
The key provisions of the Statutory Rules 1917, No. 196 under the War Precautions Act 1914-1916, are found in the amendments to the War Precautions (Supplementary) Regulations. Regulation 10 is modified to replace the phrase "the person" with "any person," broadening the scope of individuals to whom the regulation applies. Additionally, a new Regulation 10a is inserted, which imposes restrictions on legal proceedings concerning contracts for the sale or delivery of wheat or flour. This regulation prohibits any person from initiating or continuing any legal action or proceeding against the Commonwealth, a State, or their officers or authorities, unless the Attorney-General grants consent. The Attorney-General is mandated not to withhold consent if the non-performance of the contract was not due to actions taken by any Commonwealth or State authority or joint authority involved in the marketing of wheat or flour.
The obligations imposed by these regulations on parties governed by them are significant. Firstly, any individual or entity seeking to initiate or continue legal proceedings regarding contracts for wheat or flour must obtain the consent of the Attorney-General. This requirement ensures that such actions are subject to scrutiny and approval, particularly in cases where the non-performance of the contract could be attributed to the actions of Commonwealth or State authorities. The Attorney-General's role is to assess whether the non-performance was due to official actions, thereby ensuring that legal actions are not pursued frivolously or in instances where the authorities are not at fault.
Failure to comply with these regulations could result in legal consequences. Although the specific penalties for breaches are not detailed in the text, it is clear that the regulations are designed to maintain control over legal actions during a time of war precautions. Breaches of these provisions could lead to civil or criminal proceedings, with penalties commensurate with the severity of the breach and the impact on war efforts. The regulations' purpose is to prevent disruptions in the marketing and distribution of essential goods like wheat and flour, which were critical during wartime.