STATUTORY RULES.
1917. No. 79.
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REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1916.
WHEREAS it is desirable, for the better defence of the Empire and the Commonwealth, and for the better conduct of the war, that the Commonwealth should have control and management of certain wharves at Port Pirie in the State of South Australia:
Now therefore I, Sir Ronald Craufurd Munro Ferguson, 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 fourth day of April, 1917.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
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War Precautions (Wharf) regulations.
Short title.
1. These Regulations may be cited as the War Precautions (Wharf) Regulations.
Commonwealth may enter upon and take possession of wharf.
2. The Prime Minister, or any person or authority authorized by him, may, upon publication of a notice in the Gazette, or service upon the owner, of his intention to do so, enter upon and take possession and control of any wharf situated at Port Pirie in the State of South Australia.
Claim by person affected by exercise of powers.
3. Any person having any claim arising out of anything done by or on behalf of the Prime Minister under these Regulations shall, within twenty-one days after the doing of the thing, forward particulars of his claim to the Prime Minister at the Commonwealth Offices, Melbourne, and the Prime Minister shall deal with such claim.
Functions of State Authority may be exercised by Commonwealth Authority.
4. Any function exercisable, under the laws of the State of South Australia, by any authority of that State in relation to any wharf specified in a notice published in pursuance of these Regulations, may be exercised by the Prime Minister or the person or authority specified by the Prime Minister.
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.4454. —PRICE 3d.
Overview
The War Precautions (Wharf) Regulations 1917 were enacted under the authority of the War Precautions Act 1914-1916. These regulations were introduced to address the need for the Commonwealth to have control and management of specific wharves at Port Pirie in South Australia for the purposes of better defending the Empire and the Commonwealth, and for the efficient conduct of the war. Enacted by the Governor-General in Council, the primary objective of these regulations was to allow the Commonwealth to take possession and control of specified wharves, as well as to enable the exercise of state functions by the Commonwealth authorities during the wartime context. This was achieved through the issuance of notices in the Gazette or directly to the owners, thereby facilitating the necessary administrative measures for wartime defence and operational needs.
Scope and Application
The War Precautions (Wharf) Regulations, made under the War Precautions Act 1914-1916, aim to provide the Commonwealth with control and management of specific wharves at Port Pirie in South Australia for the purposes of national defence and wartime conduct. These regulations permit the Prime Minister, or a person or authority authorised by the Prime Minister, to enter and take possession of any wharf at Port Pirie upon publishing a notice in the Commonwealth Gazette or serving a notice directly to the wharf owner. Any claims arising from such actions must be submitted to the Prime Minister within twenty-one days. Additionally, the regulations empower the Commonwealth to perform any functions that the South Australian state authority would typically exercise over the specified wharves, as indicated in notices published under these regulations. This legislative instrument pertains solely to the geographic area of Port Pirie in South Australia and does not extend to other areas or wharves unless specifically mentioned in subsequent notices.
Key Provisions
The War Precautions (Wharf) Regulations, which are an instrument under the War Precautions Act 1914-1916, provide for the Commonwealth's control and management of certain wharves at Port Pirie in South Australia (Reg. 1). Specifically, Regulation 2 empowers the Prime Minister, or any person or authority authorized by the Prime Minister, to enter upon and take possession and control of any wharf at Port Pirie upon publishing a notice in the Gazette or serving a notice upon the owner. Regulation 3 mandates that any individual with a claim arising from actions taken under these Regulations must submit particulars of their claim to the Prime Minister within twenty-one days of the action. Regulation 4 allows the Prime Minister, or a specified person or authority, to exercise any function that would otherwise be exercisable by a South Australian authority over the specified wharves.
The Regulations impose specific obligations on the parties affected by them. For example, any person whose property rights are affected by the Commonwealth's exercise of powers under these Regulations must submit their claims to the Prime Minister within a specified timeframe (Reg. 3). Additionally, the Prime Minister or an authorized person or authority is tasked with exercising the functions that would typically be carried out by South Australian authorities concerning the specified wharves (Reg. 4).
The Regulations also outline the consequences of non-compliance. While the document does not explicitly state the penalties for breach, it is reasonable to infer that non-compliance with these Regulations could lead to legal action under the War Precautions Act 1914-1916. The War Precautions Act itself provides for a range of offences, including contraventions of regulations, which can result in criminal penalties such as fines and imprisonment. The exact penalties would be determined in accordance with the provisions of the principal Act and the specific circumstances of the breach.