STATUTORY RULES.
1916. No. 129.
PROVISIONAL REGULATION UNDER THE WAR PRECAUTIONS ACT 1914-1916.
I, SIR ARTHUR STANLEY, Governor of the State of Victoria and its Dependencies, in the Commonwealth of Australia, acting as the Deputy for the Governor-General in accordance with the provisions of the Constitution, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulation under the War Precautions Act 1914-1916 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this twenty-eighth day of June, 1916.
A. L. STANLEY,
Deputy of the Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
War Precautions (Supplementary) Regulations 1916.
(Statutory Rules 1916, No. 97, as amended by Statutory Rules 1916, Nos. 112, 122, and 128.)
The War Precautions (Supplementary) Regulations are amended by inserting at the end thereof the following regulation:—
No action to be taken against State authority.
“10. No person shall, without the consent of the Attorney-General, institute any action or other proceeding or take any further steps in any action or other proceeding, brought against the Government of any State of the Commonwealth, the Attorney-General of the State, or the Railway Commissioner or Commissioners, or any other authority of a State, in respect or in consequence of the refusal or failure of the State or any State authority to supply the person with trucks for the conveyance of wheat from any place.”
__________________
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.8456.—Price 3d.
Overview
The War Precautions (Supplementary) Regulations 1916 were enacted to address urgent issues arising during the First World War, specifically to prevent legal actions against state authorities in relation to the refusal to supply trucks for the conveyance of wheat. The regulation was made under the authority of the War Precautions Act 1914-1916 and came into immediate operation as a Provisional Regulation by Sir Arthur Stanley, acting as the Deputy for the Governor-General, on the advice of the Federal Executive Council. The policy objective of these regulations was to ensure that wartime necessities, such as the transport of essential supplies like wheat, could be met without legal impediments, thereby supporting the war effort and maintaining public order.
Scope and Application
The War Precautions (Supplementary) Regulations 1916, as amended, apply to any individual or entity that seeks to initiate legal proceedings against a state authority in Victoria, or more broadly, against the Government of any State of the Commonwealth, the Attorney-General of the State, the Railway Commissioner or Commissioners, or any other state authority. Specifically, this regulation pertains to actions taken in consequence of a state or state authority's refusal or failure to supply trucks for the conveyance of wheat from any location. The geographic reach of this regulation is confined to the states within the Commonwealth of Australia, particularly focusing on the state of Victoria during the period of its enactment. The regulation does not explicitly exclude any specific persons or entities from its scope, meaning that it broadly applies to all who may seek to challenge state authorities in the specified context. Furthermore, the regulation extends its application through subordinate instruments, which may provide further details and amendments as necessary, thereby providing flexibility and adaptability to changing circumstances.
Key Provisions
The War Precautions (Supplementary) Regulations 1916, as amended, introduce a significant provision (Regulation 10) that impacts legal proceedings against state authorities. Specifically, it stipulates that no person can initiate or continue any legal action against the government of any state within the Commonwealth, the state's Attorney-General, the Railway Commissioner or Commissioners, or any other state authority, without first obtaining the consent of the Attorney-General. This prohibition applies to any action or proceeding stemming from a state or state authority's refusal or inability to provide trucks for the transport of wheat from any location. The intent behind this regulation is to prevent legal challenges against state authorities in relation to their failure to supply transport for wheat, likely due to the urgency and resource constraints of the wartime context.
Under these regulations, individuals or entities who seek to pursue legal action against the specified state authorities must first secure the consent of the Attorney-General. This requirement places a burden on potential litigants to obtain prior approval, which may involve demonstrating the merits of their case and the necessity of legal recourse. The regulation effectively restricts the ability to challenge state actions in court without the Attorney-General's consent, potentially influencing the accessibility of justice for those affected by the state's decisions regarding wheat transportation.
The breach of Regulation 10 could have significant legal and practical consequences. Although the regulations themselves do not explicitly state penalties for non-compliance, the act of instituting legal proceedings without the required consent may be considered an unlawful act under the broader framework of the War Precautions Act 1914-1916. Consequently, individuals who proceed with legal action in violation of this regulation could face legal repercussions, including fines, imprisonment, or other penalties prescribed under the Act. The severity of these penalties would depend on the specific provisions of the War Precautions Act and any relevant case law interpreting the scope and application of Regulation 10.