War Precautions (Supplementary) Regulations 1916 (Amendment) (Provisional)

Legislation au C1916L00112 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1916. No. 112.

 

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 thirty-first day of May, 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.)

The War Precautions (Supplementary) Regulations are amended by adding at the end thereof the following Regulations: —

Certain actions on contract not to be brought without Attorney-General’s consent.

“3. No person or company shall, without the written consent of the Attorney-General, bring any action, or take any step in any action brought, against any person or company upon any contract or agreement relating to the sale or delivery of goods, the bringing or continuation of which is certified by the Attorney-General, by certificate in writing served on the person or company bringing or threatening to bring the action, to be in his opinion unfair by reason of the person or company against which the action is brought or threatened having, before the date of the making of this Regulation, entered into any agreement with, or given any undertaking to, the Government of the Commonwealth or of the United Kingdom, or with or to any Munitions Board.

C.7040 —Price 3d.


Power of Clubs to suspend or cancel membership.

“4. Any club or association, and the committee of any club or association, the members of which, have not a proprietary interest in the property thereof, may, notwithstanding anything in the constitution or rules of the club or association, suspend or cancel the membership of any number who is an enemy subject or a person who has been a subject of a country with which the King is now at war; and no person whose membership has been so suspended or cancelled shall be entitled to any relief in respect of the suspension or cancellation.

Requisitioning of goods for munitions.

“5. (1) The Minister may, by writing under his hand, requisition any goods which in his opinion are required for the production of, or to maintain or facilitate the output of, munitions, and require the owner of any such goods to deliver them up to the Minister or to a person nominated by him, at a time and place appointed by the Minister.

“(2) Any owner who refuses or fails to comply with any requirement of the Minister in pursuance of this Regulation shall be guilty of an offence.

“(3) The compensation payable to an owner in respect of any goods requisitioned in pursuance of this Regulation shall in default of agreement be assessed in the first instance by a Board of three persons appointed or approved by the Minister, and be determined by the Minister upon such basis as he thinks fair.

Requisitioning of vessels for carriage of foodstuffs, &c.

“6. (1) The Minister may, by writing under his hand, requisition any vessel required for the purposes of the conveyance from or to any place in the Commonwealth to or from any other place in the Commonwealth or to or from any place in any other part of the British Dominions or any allied country, of any foodstuffs, or of any article the conveyance of which in the opinion of the Minister is necessary with a view to the more effectual prosecution of the war.

“(2) The owner or charterer of any vessel, who refuses or fails to comply with any requisition of the Minister in pursuance of this Regulation shall be guilty of an offence.

“(3) The compensation payable to an owner or charterer for the use of any vessel which has been requisitioned in pursuance of this Regulation shall in default of agreement be assessed in the first instance by a Board of three persons appointed, or approved by the Minister, and be determined by the Minister upon such basis as he thinks fair.”

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The War Precautions (Supplementary) Regulations 1916, enacted under the War Precautions Act 1914-1916, were introduced to address the urgent needs arising from the First World War. The War Precautions Act 1914-1916 itself was designed to enable the Commonwealth to take necessary measures for the protection of the Commonwealth during wartime, and these regulations provided further clarification and additional measures to support this objective. The Provisional Regulations were issued by the Governor-General in Council under the authority of the Act, recognising the urgency of the wartime situation. The policy objective behind these regulations was to facilitate the efficient management of resources and the protection of national interests during the conflict by restricting legal actions against certain contracts, allowing clubs to suspend or cancel membership of enemy subjects, and enabling the requisitioning of goods and vessels essential for the war effort.

Scope and Application

The Provisional Regulations under the War Precautions Act 1914-1916 apply to all individuals and companies within the Commonwealth of Australia. The regulations aim to control certain actions and activities deemed necessary for the war effort, particularly focusing on the control of contracts, membership of associations, and requisitioning of goods and vessels. The geographic reach of these regulations is nationwide, affecting all states and territories within Australia. Notably, the regulations exclude actions that have the consent of the Attorney-General and provide exemptions for certain agreements with the government or Munitions Boards. The Minister holds significant power under these regulations, including the authority to requisition goods and vessels for war purposes, with the compensation for such requisitions determined by the Minister. The regulations also allow clubs to suspend or cancel the membership of enemy subjects or those from countries at war with the King. The application of these regulations can be extended or restricted through subordinate instruments, providing flexibility in their enforcement.

Key Provisions

The main operative sections of these Provisional Regulations under the War Precautions Act 1914-1916 (section 3) prohibit any person or company from bringing legal action or proceeding with an existing action against another party regarding a contract or agreement for the sale or delivery of goods, unless the Attorney-General has given written consent (section 3). Additionally, these Regulations permit clubs and associations, or their committees, to suspend or cancel the membership of any person who is an enemy subject or a subject of a country at war with the King, without any entitlement to relief for those affected (section 4). Furthermore, the Regulations empower the Minister to requisition any goods deemed necessary for munitions production or output, and vessels required for the transportation of foodstuffs or other necessary articles, to aid in the prosecution of the war (sections 5 and 6). The obligations imposed by these Regulations on the parties or entities they govern include obtaining the Attorney-General's written consent before initiating or continuing legal action against another party on a contract or agreement relating to the sale or delivery of goods, as specified (section 3). Clubs and associations must comply with the authority to suspend or cancel the membership of enemy subjects or individuals from countries at war with the King (section 4). Owners or charterers of goods or vessels must comply with the Minister’s requisition orders for the requisitioning of goods for munitions or vessels for the carriage of foodstuffs and other articles (sections 5 and 6). If an owner or charterer refuses or fails to comply with a requisition order, they become liable for an offence under the Regulations (sections 5(2) and 6(2)). The Regulations outline specific offences and penalties for non-compliance. Firstly, any person or company that brings or proceeds with an action against another party on a contract or agreement without the Attorney-General's consent is prohibited (section 3). Secondly, owners or charterers who refuse or fail to comply with the Minister’s requisition orders for goods or vessels are guilty of an offence (sections 5(2) and 6(2)). While the Regulations do not explicitly state the penalties for these offences, they provide a framework for the Minister to assess and determine fair compensation in case of disagreement, with the ultimate decision resting with the Minister (sections 5(3) and 6(3)). The potential civil or criminal consequences for breach of these Regulations would depend on the specific nature of the non-compliance and any applicable laws or regulations at the time.

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