STATUTORY RULES.
1916. No. 122.
PROVISIONAL 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 certify that, on account of urgency, the following Regulations under the War Precautions Act 1914-1916 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this 21st day of June, 1916.
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 1916.
(Statutory Rules 1916, No. 97, as amended by Statutory Rules 1916, No. 112.)
The War Precautions (Supplementary) Regulations are amended by adding at the end thereof the following Regulations:—
Libel and slander proceedings by persons alleged to be enemy subjects, &c.
“7. No person shall, without the written consent of the Attorney-General, bring any action, or take any step in any action brought, against any person, for relief in respect of anything said or done or permitted to be said or done by the defendant which states or implies that the plaintiff 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 His Majesty 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 his consent.
Proceedings for refusal to employ or work with persons alleged to be enemy subjects, &c.
“8. No person shall, without the written consent of the Attorney-General, bring any action or take any step in an action brought—
(a) against any employer, or
(b) against any association or body of persons, or any member or officer of any such association or body,
for relief in respect of any matter (not being a matter of contract) arising out of the refusal or failure of the employer to employ or
C.7043.—Price 3d.
continue to employ the person, or the refusal or failure of any or all of the members of the association or body to work or associate with the person, on the ground that he is an enemy subject or a person who has been a subject of a country with which the King is now at war:
Provided that if the Attorney-General is satisfied that the person—
(a) is neither an enemy subject nor a person who has been a subject of a country with which the King is now at war, and
(b) is not disloyal.
he shall not withhold his consent.”
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 1916, No. 122, entitled "Provisional Regulations under the War Precautions Act 1914-1916", was enacted in response to the urgent needs arising from the First World War, to address issues related to wartime security and the protection of individuals from unfounded allegations. This legislative instrument was made by the Governor-General in Council, under the authority conferred by the War Precautions Act 1914-1916. The policy objective of these regulations was to prevent frivolous or malicious legal actions against individuals or entities that might arise from wartime tensions, particularly those targeting persons of enemy origin or associations. The regulations specifically address libel and slander proceedings, as well as actions related to employment refusals, by requiring the consent of the Attorney-General before such actions can proceed, unless the Attorney-General determines that the allegations are malicious or reckless.
Scope and Application
The Provisional Regulations under the War Precautions Act 1914-1916 apply to individuals and entities within the Commonwealth of Australia, specifically addressing actions related to libel and slander against persons alleged to be of enemy origin or associations, as well as actions concerning employment or association with such individuals. These regulations prohibit any person from initiating or continuing legal proceedings against another individual or entity for defamatory statements implying the plaintiff's connection to enemy subjects without the written consent of the Attorney-General. The consent shall not be withheld if the Attorney-General determines that the defamatory statement was made maliciously or recklessly, or if the person alleged to be of enemy origin is not actually an enemy subject and is not disloyal. The regulations extend across the entire Commonwealth, providing a national scope to ensure uniformity in the handling of such cases during wartime. Subordinate instruments may further extend or restrict the application of these regulations as deemed necessary by the Attorney-General.
Key Provisions
The Provisional Regulations under the War Precautions Act 1914-1916, as specified in Statutory Rules 1916, No. 122, contain several key provisions that directly affect legal proceedings related to the war. Regulation 7 (C.7042) stipulates that no one can initiate or continue a legal action against another party for defamation or slander, unless they have obtained the written consent of the Attorney-General. This restriction applies to any claims where the plaintiff is alleged to be an enemy subject or associated with enemy interests. However, if the Attorney-General determines that the statements or implications were made maliciously or recklessly, they are required to grant consent. Regulation 8 (C.7043) further extends these restrictions by prohibiting actions against employers or associations for employment or association refusals based on the plaintiff being an enemy subject or connected with enemy interests. Again, the Attorney-General's consent is necessary, unless they determine that the plaintiff is neither an enemy subject nor disloyal.
These regulations impose specific obligations on individuals who wish to bring legal actions related to the war. They must seek and obtain the written consent of the Attorney-General before proceeding with any action. The Attorney-General's role is crucial in determining whether consent should be granted, taking into account factors such as the maliciousness or recklessness of the statements made and the loyalty of the plaintiff. These requirements ensure that legal actions are carefully vetted to prevent frivolous or harmful claims that could arise from wartime tensions.
Failure to comply with these regulations can result in significant legal consequences. Individuals who initiate or continue actions without the Attorney-General's consent may face legal penalties. While the exact penalties are not detailed in the provided text, it is clear that unauthorised actions could lead to civil or criminal repercussions. The gravity of these consequences underscores the importance of adhering to the regulations, especially in a period of heightened national security concerns.