I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, in pursuance of the powers conferred by the Defence Act 1903-1939 and all other powers me thereunto enabling, hereby make the following Regulations.
Dated this twenty-fifth day of August, 1930.
GOWRIE
Governor-General.
By His Excellency’s Command,
PERCY C. SPENDER,
for Minister of State for Defence.
DEFENCE (NATIONAL SECURITY—GENERAL) REGULATIONS.
Part I.—Preliminary.
Citation.
These Regulations may be cited as the Defence (National Security—General) Regulations.
Parts.
These Regulations are divided into Parts as follows:—
Part I.—Preliminary.
Part II.—Espionage and Acts likely to assist an Enemy,
Part III.—Public Safety and Order.
Part IV.—Ships and Aircraft.
Part V.—Essential Supplies and Work.
Part VI.—Miscellaneous.
Definitions.
3.—(1.) In these Regulations, unless the contrary intention appears—
“aircraft” means any machine which can support itself in the atmosphere from the reactions of the air upon it, and includes balloons, whether fixed or free, airships, gyroplanes, aeroplanes, gliders and kites;
“ammunition” means ammunition for any firearm, and includes grenades, bombs and other like missiles, whether capable of use with a firearm or not;
“billeting” means the provision of accommodation by way of lodging, or food or both and either with or without attendance;
“Commonwealth officer” means any person holding office under the Commonwealth, and includes any person permanently or temporarily employed in the Public Service of the Commonwealth or in or in connexion with the Defence Force, or in the service of any authority or body constituted by or under any Act ;
“constable” includes any member of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth, and any Peace Officer appointed in pursuance of the Peace Officers Act 1925;
* Notified in the Commonwealth Gazette on 25th August, 1939.
5324.—Price 1s. 9d.
“Defence Force” means the Defence Force of the Commonwealth;
“document” includes part of a document;
“enemy alien” means a person who, not being either a British subject or a person enjoying His Majesty’s protection, possesses the nationality of a State at war with His Majesty;
“essential services” means such services as are declared by order of the Minister to be of public utility or to be essential for the prosecution of the war or essential to the life of the community;
“firearm” means any lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged, and includes any weapon whatsoever which the Minister by order declares to be a firearm;
“fire brigade” means a fire brigade maintained in accordance with law and includes any fire brigade maintained by a local governing authority or employed for the purposes of an undertaking engaged in the performance of essential services;
“information” means any information, whether true or false, and includes—
(a) any opinion relating to any person, place or thing; and
(b) the report of any conversation relating to any person, place or thing;
“land” includes, without prejudice to any of the provisions of section twenty-two of the Acts Interpretation Act 1901-1937, land covered with water, and buildings or parts of buildings ;
“law” means law of the Commonwealth or of any State or Territory of the Commonwealth ;
“local governing authority” means a municipal council or like body;
“mayor” means the chairman of a local governing body, and includes any person presiding over a local governing body;
“member of a fire brigade” includes any auxiliary fireman attached to a fire brigade;
“munitions of war” includes the whole or any part of any ship, submarine, aircraft, tank or similar engine, arms, ammunition, bomb, torpedo, mine, or other article, material or device (whether actual or proposed), intended or adapted for use in war ;
“police” means police of the Commonwealth or of a State or Territory of the Commonwealth;
“postal article” has the same meaning as in the Post and Telegraph Act 1901-1934;
“prisoner of war” means a prisoner of war in the power of His Majesty;
“prohibited place” means premises declared in pursuance of these Regulations to be a prohibited place for the purposes of these Regulations;
“protected area” means an area declared in pursuance of these Regulations to be a protected area for the purposes of these Regulations ;
“public utility undertaking” means any of the following undertakings the carrying on of which is authorized by or under any law, that is to say:—
(a) any undertaking for the supply of electricity, gas or water;
(b) any transport, dock, harbour or pier undertaking;
(c) any sewerage or sewage disposal undertaking, or any undertaking for the collection or disposal of refuse ; or
(d) any undertaking of a drainage authority,
and includes any such undertaking which is carried on by a local governing authority;
“quartering” has the same meaning as “billeting” ;
“requisitioned” means, in relation to any property, taken possession of or required to be placed at the disposal of the requisitioning authority and “requisitioning” has a corresponding meaning ;
“seaplane” includes a flying boat and any other aircraft designed to manœuvre on the water ;
“submarine cable” means any submarine cable used or capable of being used for telegraphic or telephonic purposes, and includes all stations, instruments, land wires and appliances used in connexion with any submarine cable;
“the war” means any war in which His Majesty is at any time engaged;
“war offence” means—
(a) treason, in so far as it consists in adhering to the King’s enemies, giving them aid and comfort; or
(b) an offence against these Regulations;
“wireless receiving apparatus” means apparatus for receiving communications or information made or given by wireless telegraphy, wireless telephony or wireless television;
“wireless transmitting apparatus” means apparatus for making communications by means of wireless telegraphy, wireless telephony or wireless television.
(2.) For the purposes of these Regulations, the person for the time being in charge of any vessel or aircraft shall be deemed to be the master of the vessel or the pilot of the aircraft, as the case may be.
(3.) Any reference to the making, sending or receiving of communications which is made in any of the provisions of these Regulations relating to wireless telegraphy, wireless telephony or wireless television shall be construed as including a reference to the giving of warning or information or, as the case may be, to the receiving of warning or information.
(4.) The Acts Interpretation Act 1901-1937 shall apply to the interpretation of any orders, rules or by-laws made under these Regulations as it applies to the interpretation of regulations and for the purposes of section forty-six of that Act, those orders, rules and by-laws shall be deemed to be Acts.
Part II.—Espionage and Acts Likely to Assist an Enemy.
Access to certain Premises and Areas.
Prohibited places.
4.—(1.) If it appears to the Minister to be necessary or expedient in the interests of the defence of the Commonwealth or the efficient prosecution of the war, or for maintaining supplies and services essential to the life of the community, that special precautions should be taken for the security of any place, he may by order declare that place to be a prohibited place for the purpose of these Regulations.
(2.) A person shall not without lawful authority (proof whereof shall lie upon him) enter, approach, inspect, pass over or be in or in the neighbourhood of a prohibited place.
(3.) A person who, with lawful authority, enters, approaches, inspects, passes over, or is in or in the neighbourhood of any prohibited place shall comply with any directions for regulating his conduct which are given by the officer or other person in charge of the prohibited place.
(4.) If any person is in or in the neighbourhood of a prohibited place in contravention of this regulation, or, while in or in the neighbourhood of such a place, fails to comply with any direction given by the officer or other person in charge of the prohibited place, he may, without prejudice to any proceedings which may be taken against him, be removed therefrom by any constable or Commonwealth officer or any person authorized in that behalf by the officer or other person in charge of the prohibited place.
(5.) A prohibited place within the meaning of section eighty of the Crimes Act 1914-1937 shall be deemed to be a prohibited place for the purposes of these Regulation.
Protected areas.
5.—(1.) Without prejudice to any other provision of these Regulations, the Minister, if satisfied with respect to any area that it is necessary or expedient in the interests of the defence of the Commonwealth or the efficient prosecution of the war, to regulate the entry of persons into that area, may by order declare that area to be a protected area for the purpose of these Regulations; and so long as the order is in force, then, on and after such day as is specified in the order, and subject to any exemptions for which provision is made by the order, no person who was not at the beginning of that day resident in the protected area shall be therein without the permission of such authority or person as is specified in the order.
(2.) If any person is in a protected area in contravention of this regulation, he may, without prejudice to any proceedings which may be taken against him, be removed from the area by or under the directions of any constable or any Commonwealth officer on duty in the area.
Controlled areas.
Without prejudice to any other provision of these Regulations, the Minister may, with respect to—
(a) any prohibited place or protected area; or
(b) any place in relation to which it appears to the Minister to be necessary to take special precautions owing to the presence in that place of members of the Defence Force or munitions of war,
make such by-laws for regulating the conduct of persons in that place or area as the authority making the by-laws thinks necessary for the protection of persons and property in that place or area, for safeguarding the discipline and efficiency of members of the Defence
Force therein, or for facilitating the enforcement therein of these Regulations; and by-laws made in relation to any place in pursuance of paragraph (b) of this regulation may make provision for restricting access to that place, and for removing therefrom any person who is therein in contravention of the by-laws.
Trespassing and loitering.
7.—(1.) A person shall not—
(a) trespass on, or on premises in the vicinity of, any premises to which this regulation primarily applies; or
(b) unlawfully enter or board any vehicle, vessel or aircraft used appropriated for any of the purposes of any service of the King or the Commonwealth, or trespass on premises in the vicinity of any such vehicle, vessel or aircraft.
(2.) If any person is found trespassing on any premises in contravention of sub-regulation (1.) of this regulation, or is found on any vehicle, vessel or aircraft on any occasion on which he has entered or boarded it in contravention of that sub-regulation, he may, without prejudice to any proceedings which may be taken against him, be removed by the appropriate person from the premises or from the vehicle, vessel or aircraft, as the case may be.
(3.) A person shall not, for any purpose prejudicial to the public safety or the defence of the Commonwealth, be in, or in the vicinity of, any premises to which this regulation primarily applies or of any such vehicle, vessel or aircraft.
(4.) Where, in any proceedings taken against a person in pursuance of sub-regulation (3.) of this regulation, it is proved that at the material time he was present in, or in the vicinity of, the premises, vehicle, vessel or aircraft concerned, the prosecution may thereupon adduce such evidence of the character of that person (including evidence of his having been previously convicted of any offence) as tends to show that he was so present for a purpose prejudicial to the public safety or the defence of the Commonwealth.
(5.) A person loitering in the vicinity of any premises to which this regulation primarily applies or of any such vehicle, vessel or aircraft, shall not continue to loiter in that vicinity after being requested by the appropriate person to leave it.
(6.) The premises to which this regulation primarily applies are premises used or appropriated—
(a) for any of the purposes of the service of the Crown or for defence against, or protection from, an enemy ; or
(b) for the performance of any essential services.
(7.) In this regulation, the expression “the appropriate person” means—
(a) any Commonwealth officer;
(b) any constable ; or
(c) the person occupying the premises or being in charge of the vehicle, vessel or aircraft, as the case may be, or any person thereto authorized by him.
Control of highways over or near defence works and protected places.
The Minister may, if he considers it necessary in the interests of the defence of the Commonwealth so to do by order provide for the stopping up or diversion of any road or pathway passing through any protected place or work of defence, or through any land adjoining
any such place or work, and for prohibiting or restricting the exercise of any right of way over, or the use of any waterway passing through, any such place, work or land.
Control of Means of Communication.
Signalling to foreign vessels or aircraft.
A person shall not, except with permission granted by or on behalf of a Minister, make any signal, either visually or by means of sound, to any foreign vessel or foreign aircraft :
Provided that nothing in this regulation shall restrict the making of any signal by any person in the service of the Crown acting in the course of his duty as such, or the making; of any signal for the purpose only of saving life or of regulating or aiding the navigation, on the water or in the air, of any vessel or aircraft other than a vessel or aircraft being used in the service of a Power at war with His Majesty.
Signalling apparatus.
Subject to any exemptions for which prevision may be made by order of a Minister, a person shall not, except with permission granted by a person thereto authorized by a Minister, have in his possession or under his control any apparatus or contrivance for signalling, whether visually or otherwise, which is of such a nature that it could be used for a purpose prejudicial to the defence of the Commonwealth :
Provided that nothing in this regulation shall restrict the doing of anything by any person in the service of the Crown or any constable acting in the course of his duty us such, or shall apply—
(a) in relation to any wireless transmitting apparatus; or
(b) in relation to any apparatus forming part of the equipment of a vessel or aircraft, being an apparatus which is required by law to be carried therein.
Wireless telegraphy, submarine cables, &c.
11.—(1.) The Postmaster-General may by order direct that, subject to any exemptions for which provision is made by the order, a person shall not, except under the authority of a written permit granted by such authority or person as is specified in the order, have in his possession or under his control—
(a) any article specified in the order, being an article which is designed for the purpose only of being used for the operation of wireless transmitting apparatus; or
(b) any wireless receiving apparatus specified in the order, being a type of apparatus which is designed to be used also as wireless transmitting apparatus or which appears to the Postmaster-General to be readily adaptable for the purpose of being so used :
Provided that nothing in any order shall restrict the doing of anything by any person in the service of the Crown acting in the course of his duty as such, or apply in relation to any apparatus in respect of which there is in force a licence under the Wireless Telegraphy Art 1905-1936 authorizing the use of the apparatus for transmission or in relation to any article forming part of the apparatus; and in any proceedings taken in pursuance of this sub-regulation against any person by reason of his having in his possession or under his control any article not forming part of the apparatus, it shall be a defence for him to prove that at the material time he had the article in his possession or under his control for the purpose only of the operation of an apparatus in respect of which such a licence was then in force.
(2.) The Minister may, if, in his opinion it is desirable in the public interest so to do, take possession or control of any submarine cable or wireless transmitting or receiving apparatus.
(3.) The Minister may by order provide for prohibiting in certain circumstances, the use, and for regulating and controlling telegraphic or telephonic communication by means of submarine cables or wireless transmitting apparatus; and if any apparatus is used in contravention of an order made under this sub-regulation, the occupier of the premises on which the apparatus is situated, or, where the apparatus is on beard any vessel or aircraft, the master of the vessel or the pilot of the aircraft, as the case may be, shall, without prejudice to any proceedings which may be taken against any other person, each be guilty of an offence against this regulation:
Provided that, in any proceedings which are, in pursuance of this sub-regulation, taken against any person in respect of the use of any apparatus by some other person in contravention of such an order, it shall be a defence for the defendant to prove that the apparatus was so used without his permission and that he exercised all due diligence to prevent any contravention of the order.
(4.) Any constable or Commonwealth officer may, in relation to any ship or aircraft, take such steps, and use such force, appear to him to be reasonably necessary for securing compliance with any order made under sub-regulation (3.) of this regulation relating to the ship or aircraft, or, where a contravention of such an order has occurred in the case of the ship or aircraft, for enabling proceedings in respect of the contravention effectually to be taken.
(5.) Notwithstanding anything in the Wireless Telegraphy Act 1905-1936 or the regulations made under that Act, the Postmaster-General in his discretion may refuse to grant a licence, and may revoke at any time a licence granted, under that Act or those regulations.
(6.) In this regulation, the term “apparatus” includes submarine cable.
Pigeons.
12.—(1.) A person shall not import any pigeon into Australia except under the authority of a licence granted by, or on behalf of, the Minister;
Provided that this sub-regulation shall not apply to anything done by any person in the service of the Crown acting in the course of his duty as such.
(2.) A person shall not—
(a) have in his possession or under his control, or liberate, any carrier pigeon or homing pigeon except under the authority of a written permit granted by or on behalf of a person thereto authorized by the Minister;
(b) knowingly kill, wound or take any such pigeon; or
(c) remove or tamper with any article attached to any such pigeon, being an article which he has reasonable cause to believe to be a means of identifying the pigeon or of communicating information :
Provided that—
(i) this sub-regulation shall not apply to anything done by, or with the permission or under the direction of, any constable or Commonwealth officer noting in the course of his duty as such; and
(ii) nothing in paragraph (b) or (c) of this sub-regulation shall apply to anything done in relation to a pigeon by the person entitled to possession thereof or by any person acting on his behalf.
(3.) With a view to the enforcement of this regulation, any constable may liberate any pigeons found by him at any place, and may enter any premises for the purpose of exercising his powers under this sub-regulation.
(4.) Any person who finds dead or unable to fly a carrier pigeon or homing pigeon to which there is attached any article which he has reasonable cause to believe to be a means of identifying the pigeon or of communicating information, shall forthwith cause the pigeon to be delivered to some member of the Defence Force on duty in the neighbourhood or to the officer in charge of a police station in the neighbourhood:
Provided that nothing in this sub-regulation shall impose, in respect of a pigeon, any obligation upon any person, or the servant or agent of any person, who is entitled to have the pigeon in his possession or under his control by virtue of a permit granted under sub-regulation (2.) of this regulation.
Means of secret communication.
13.—(1.) Subject to the provisions of this regulation, a person shall not, except with permission granted by or on behalf of the Minister, knowingly have in his possession, or knowingly send by post or otherwise to any destination, whether within or outside Australia—
(a) any instructions for utilizing any means of secretly conveying, receiving or recording information;
(b) any substance or article manufactured or designed for the purpose of secretly conveying, receiving or recording information; or
(c) any document or other article secretly conveying or recording any information.
(2.) Any person who has in his possession any instructions specified in paragraph (a) of sub-regulation (1.) of this regulation shall, if requested by or on behalf of the Minister so to do, deliver up those instructions to the authority or person specified in the request.
(3.) Any person who has in his possession, in contravention of this regulation, any substance or article manufactured or designed for the purpose of secretly conveying, receiving or recording information, shall, if requested by or on behalf of the Minister so to do, deliver up that substance or article to the authority or person specified in the request.
(4.) Nothing in sub-regulations (2.) and (3.) of this regulation shall prevent the prosecution of any person in respect of a contravention of sub-regulation (1.) of this regulation.
(5.) In this regulation, the expression “instructions for utilizing any means of secretly conveying, receiving or recording information” includes any code or cipher, but sub-regulation (1.) of this regulation shall not apply—
(a) to the possession of—
(i) any code or cipher the use of which is approved by the Minister; or
(ii) any document conveying or recording information by means of such a code or cipher, being a document which specifics in clear the code or cipher used; or
(b) to the use, in accordance with conditions imposed by or on behalf of the Minister, of any such code or cipher as is mentioned in paragraph (a) of this sub-regulation,
and shall not restrict the doing of anything by any person in the service of the Crown or any constable acting in the course of his duty as such.
Postal communications.
14.—(1.) The Minister may make provision by order for securing, that postal articles of any description specified in the order shall not be despatched by post from a place in Australia to another place in Australia or from Australia to destinations outside Australia except in accordance with the order.
(2.) The Minister may make provision by order for securing that, subject to any exemptions for which provision is made by the order, and except in accordance with the conditions continued therein, no document, pictorial representation or photograph or other article whatsoever recording information shall be sent or conveyed from Australia to any destination outside Australia otherwise than by post, or conveyed into Australia otherwise than by post.
(3.) A person shall not have any article in his possession for the purpose of sending or conveying it in contravention of an order made under sub-regulation (2.) of this regulation.
(4.) Any person who is about to embark on any vessel or aircraft at any place in Australia for the purpose of leaving Australia, or lands from any vessel or aircraft at any place on coming to Australia, which person is in this paragraph referred to as “the traveller”, shall, if requested so to do by the appropriate officer—
(a) declare whether or not the traveller has with him any article mentioned in sub-regulation (2.) of this regulation; and
(b) produce any such article which he has with him,
and the appropriate officer, and any person acting under his directions, may examine or search any article which the traveller has with him, for the purpose of ascertaining whether he is conveying or has in his possession any article in contravention of this regulation, and, if the appropriate officer has reasonable ground for suspecting that the traveller has any article about his person in contravention of this regulation, he may search him, and may seize any article produced in accordance with this regulation or found upon such examination or search being an article which the appropriate officer has reasonable ground for suspecting is being sent or conveyed, or is in the traveller’s possession, in contravention of this regulation:
Provided that no woman shall be searched in pursuance of this regulation except by a woman.
(5.) Where, at any place, any person is on any occasion found in circumstances in which it is reasonable to suppose that on that occasion he has communicated, or intends to communicate, at that place with a person embarking thereat on a vessel or aircraft for the purpose of leaving Australia, or landing
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thereat from a vessel or aircraft on coming to Australia, the provisions of sub-regulation (4.) of this regulation shall apply in relation to the person so found, as they apply in relation to a person about to embark on a vessel or aircraft for the purpose of leaving Australia; and where any person is on any occasion found travelling to or from any place in such circumstances, those provisions shall apply in relation to him as they would apply if, when so found, he had been about to embark on a vessel or aircraft for the purpose of leaving Australia.
(6.) In this regulation—
(a) the expression “photographs” includes any photographic plates, photographie films or other sensitized articles which have been exposed in a camera, whether they have been developed or not; and
(b) the expression “the appropriate officer” means an officer of Customs, an immigration officer, a constable or any person authorized in that behalf by the Minister,
and where there is declared or produced to the appropriate officer in compliance with this regulation, or discovered by the appropriate officer in circumstances in which it is required to have been so declared or produced, any such plate, film or other article which he suspects to have been exposed in a camera but not developed, he may cause to be taken, or require the person by whom it is declared or produced or in whose possession it is discovered to take, such steps, including subjection of the article to the process of development, as are reasonably necessary for enabling the appropriate officer to ascertain whether or not it has been so exposed.
Registration and regulation of persons carrying on the business of receiving postal articles.
15.—(1.) A person shall not, without the permission in writing of the Minister, carry on, whether alone or in conjunction with any other business, the business of receiving for reward letters, telegrams, or other postal articles, for delivery or forwarding to the persons for whom they are intended.
(2.) A person who is permitted to carry on a business of the kind specified in sub-regulation (1.) of this regulation shall, from time to time, furnish to the Minister notice of any change of address or new address at which the business is carried on, and such other information as the Minister requires.
(3.) A person who carries on a business of the kind specified in sub-regulation (1.) of this regulation—
(a) shall cause to be entered in a book kept for the purpose—
(i) the name and address of every person for whom any postal article is received, or who has requested that postal articles received may be delivered or forwarded to him ;
(ii) any instructions which have been received as to the delivery or forwarding of postal articles;
(iii) in the case of every postal article received, the place from which the postal article comes, the date of posting (as shown by the post-mark), the date of receipt, and the name and address of the sender if shown on the outside of the postal article, and,
in the case of a registered postal article, the office of registration and the number of the registered article;
(iv) in the case of every postal article delivered, the date of delivery and the name and address of the person to whom it is delivered; and
(v) in the case of every postal article forwarded, the name and address to which, and the date on which, it is forwarded;
(b) shall not deliver a postal article to any person until that person has signed a receipt for the same in that book, or, if that person is not the person to whom the postal article is addressed, unless there is left with him instructions signed by the last-mentioned person as to the delivery thereof; and
(c) shall not forward any postal article to another address unless there is left with him written instructions to that effect signed by the addressee.
(4.) The books so kept and all postal articles received by a person carrying on any such business, and any instruction as to the delivery or forwarding of postal articles received by any such person, shall be kept at all reasonable times open to inspection by any constable.
(5.) Nothing in this regulation shall—
(a) apply to postal articles addressed to any office where any newspaper or periodical is published, being postal articles in reply to advertisements appearing in that newspaper or periodical; or
(b) affect the exclusive privilege of the Postmaster-General under the Post and Telegraph Act 1901-1934.
Censorship.
16.—(1.) If it appears to the Minister to be necessary or expedient so to do in the interest of the public safety, the defence of the Commonwealth or the efficient prosecution of the war, or for maintaining supplies and services essential to the life of the community, he may by order provide for the censorship of—
(a) communications by telegraph, telephone, submarine cable or wireless transmitting apparatus;
(b) postal articles;
(c) newspapers or other publications;
(d) broadcasting by wireless transmitting apparatus; or
(e) cinematograph films.
(2.) Any order under this regulation may contain such incidental and supplementary provisions as appear to the Minister to be necessary or expedient for the purposes of the order.
(3.) In this regulation—
(a) the expression “newspapers” includes any periodical publication ; and
(b) the expression “cinematograph films” includes a sound track and any other article on which sounds have been recorded for the purposes of their being reproduced in connexion with the exhibition of such a film.
Safeguarding Information Useful to Enemy.
General provisions for safeguarding information.
Subject to these Regulations, a person shall not, in any manner likely to prejudice the defence of the Commonwealth or the efficient prosecution of the war—
(a) obtain;
(b) record, communicate to any other person or publish; or
(c) have in his possession any document containing, or other record whatsoever of,
any information being, or purporting to be, information with respect to—
(i) the number, description, armament, equipment, disposition, movement or condition of any of the forces, vessels or aircraft of the King or the Commonwealth ;
(ii) any operations or projected operations of any of those forces, vessels or aircraft;
(iii) any measures for the defence or fortification of any place on behalf of the King or the Commonwealth;
(iv) the number, description or location of any prisoners of war;
(v) munitions of war; or
(vi) any other matter whatsoever information as to which would or might be directly or indirectly useful to an enemy.
Communication with enemy agents.
A person, having reasonable cause to believe that any other person is engaged in assisting an enemy, shall not communicate or associate with that other person:
Provided that, in any proceedings taken in pursuance of this regulation in respect of any particular communication or association, it shall be a defence to prove that the purpose of the communication or association was not prejudicial to the public safety or the defence of the Commonwealth.
Photograph &c.
19.—(1.) Subject to any exemptions for which provision is made by order of the Minister, a person shall not, except under the authority of a written permit granted by or on behalf of the Minister—
(a) have a camera with him in any place or in any ship or aircraft or class of ship or aircraft specified in any order made by the Minister; or
(b) make any photograph, sketch, plan or other representation—
(i) of a prohibited place, or of any part of or object in a prohibited place, or of an object of any description specified by order of the Minister; or
(ii) of, or of any part of or object in, any area specified by order of the Minister, being an area in relation of the defence of the Commonwealth.
(2.) The Minister may make such orders, and any person acting on his behalf may give such special directions, as the Minister or person thinks necessary, for securing that photographs, sketches, plans and other representations made under the authority of a permit granted in pursuance of paragraph (b) of sub-regulation (1.) of this regulation, shall not be published unless and until they have been submitted to, and
approved by, the authority or person specified in the order or directions, as the case may be; and the Minister or any person acting on his behalf, may, if the Minister or person thinks it necessary in the interests of the defence of the Commonwealth so to do, retain, or destroy or otherwise dispose of, anything so submitted.
(3.) The preceding provisions of this regulation shall not apply to anything done by any person in the service of the Crown acting in the course of his duty as such or by any constable so acting.
Meterologists observations for a prejudicial purpose.
20.—(1.) A person shall not, for any purpose prejudicial to the safety or interests of the Commonwealth or of any other part of the King’s dominions—
(a) make any meteorological observation which is, or is likely to be, directly or indirectly useful to a foreign power or to an enemy; or
(b) obtain, collect, record, use, publish, or communicate to any other person any meteorological data which is, or is likely to be, directly or indirectly useful to a foreign power or to an enemy.
(2.) In any prosecution in respect of any act done in contravention of this regulation, it shall not be necessary to show that the accused person was guilty of any particular act tending to show a purpose prejudicial to the safety or interests of the Commonwealth or of some other part of the King’s dominions, and, although no such act is proved against him, he may be convicted if, from the circumstances of the case, or his conduct, or his known character as proved, it appears that his purpose was a purpose prejudicial to the safety or interests of the Commonwealth or of some other part of the King’s dominions.
Inventions and designs.
21.—(1.) Where, either before or after the coming into force of this regulation, an application has been made to the Commissioner of Patents or the Registrar of Designs for the grant of a patent or the registration of a design, the Commissioner or Registrar, as the case may be, if directed by the Attorney-General so to do, may, notwithstanding anything in any Act, omit or delay the doing of anything which he would otherwise be required to do in relation to the application, and give directions for prohibiting or restricting the publication of information with respect to the subject matter of the application, or the communication of such information to particular persons or classes of persons.
(2.) A person shall not, except under the authority of a written permit granted by, or on behalf of, the Commissioner of Patents or the Registrar of Designs, make any application for the grant of a patent, or the registration of a design, in any foreign country.
(3.) The Attorney-General may, by order, direct that a permit granted by such authority or person in any part of His Majesty’s dominions (other than the Commonwealth), or in any foreign country or territory in which His Majesty has jurisdiction, as is specified in the order, shall be treated for the purpose of sub-regulation (2.) of this regulation as if it were a permit granted by the Commissioner of Patents or the Registrar of Designs.
(4.) The Attorney-General may, if it appears to him to be necessary or expedient in the interests of the defence of the Commonwealth or the efficient prosecution of the war so to do, give directions to any person requiring him to furnish to the authority or person specified in the directions any information in his possession relating to any invention, design or process specified in the directions, or demanded of him by the authority or person.
(5.) The right of a person to apply for, or obtain, a patent in respect of an invention or registration in respect of a design shall not be prejudiced by reason only of the fact that the invention or design has previously been communicated to a person in compliance with sub-regulation (4.) of this regulation, or used by a person in consequence of such communication, and a patent in respect of an invention, or the registration of a design, shall not be held to be invalid by reason only that the invention or design has been so communicated or used.
(6.) In connexion with the making, use or exercise of any invention or design on behalf of, or for the services of, the Crown, whether in pursuance of the Patents Act 1903-1935 or otherwise, the Attorney-General may authorize the use of any drawing, model, plan or other document or information in such manner as appears to him to be expedient in the interests of the defence of the Commonwealth, or the efficient prosecution of the war, notwithstanding anything to the contrary contained in any licence or agreement.
(7.) In respect of any drawing, model, plan or other document or information so used, the Commonwealth shall pay to the person entitled to the benefit of the patent or design such reasonable compensation as is agreed upon, or as is, in default of agreement, settled by arbitration.
Restrictions on Movements and Activities of Persons.
Entering enemy territory.
22.—(1.) Except in due course of operations of war, a person, being either a British, subject or a person enjoying His Majesty’s protection, shall not, without the permission of the Minister or of a person thereto authorized by the Minister, voluntarily enter any enemy territory or voluntarily go on board any vessel or aircraft being used in the service of a Power at war with His Majesty:
Provided that this sub-regulation shall not apply to anything done by any person in the service of the Crown acting in the course of his duty as such.
(2.) The Minister may by order direct that the permission of such authority or person in any part of His Majesty’s dominions, other than the Commonwealth, or in any foreign country or territory in which His Majesty has jurisdiction, as is specified in the order, shall be treated, for the purpose of sub-regulation (1.) of this regulation, as if it were the permission of the Minister under that sub-regulation.
(3.) In this regulation, the expression “enemy territory” means any area which is under the sovereignty of, or administered by, or for the time being in the occupation of, a Power at war with His Majesty, but does not include any area in the occupation of His Majesty or of a Power allied with His Majesty.
Entering and leaving Commonwealth.
The Minister of State for the Interior may make an order for securing that, subject to any exemptions for which provision is made by the order, a British subject to whom the order applies shall not—
(a) on coming by sea or by air from a place outside Australia, disembark in Australia from any vessel or aircraft elsewhere than at a place specified in the order;
(b) for the purpose of proceeding by sea or by air to a destination outside Australia, embark in Australia on any vessel or aircraft elsewhere than at a place so specified; or
(c) proceed by sea or by air from Australia to a destination outside it, except under the authority of a written permit granted by the authority or person specified in the order.
Stopping of ships and aircraft.
24.—(1.) Any person authorized by the Minister to act under this regulation may, if it appears to that person to be necessary in the interests of the defence of the Commonwealth so to do, give, with respect to any particular ship or aircraft at a port or place in Australia, directions that the ship or aircraft shall not leave the port or place until permitted to do so by the authority or person specified in the directions; and if any ship or aircraft leaves or attempts to leave any port or place in contravention of those directions, the master of the ship or the pilot of the aircraft, as the case may be, shall be guilty of an offence against the Act.
(2.) Any Commonwealth officer may, in relation to any ship or aircraft, take such steps, and employ such force, as appear to that person to be reasonably necessary to secure compliance with any directions given under this regulation with respect to the ship or aircraft or, where an offence against this regulation has occurred in the case of the ship or aircraft, for enabling proceedings in respect of the offence effectually to be taken.
Restriction of movements of suspected persons.
25.—(1.) The Minister, if satisfied with respect to any particular person, that with a view to prevent that person acting in any manner prejudicial to the public safety or the defence of the Commonwealth it is necessary so to do, may make an order for either or both of the following purposes, that is to say:—
(a) for securing that, except in so far as he is permitted by the order, or by the authority or person specified in the order, that person shall not be in any area so specified; and
(b) for requiring him to notify his movements, in such manner, at such times and to such authority or person as are specified in the order.
(2.) If any person is in any place or area in contravention of an order made under this regulation, or fails to leave any place or area in accordance with the requirements of the order, he may, without prejudice to any proceedings which may be taken against him, be removed from that place or area by any constable or by any Commonwealth officer.
Restriction orders and detention orders.
26.—(1.) The Minister may, if satisfied with respect to any particular person, that with a view to prevent that person acting in any manner prejudicial to the public safety or the defence of the Commonwealth it is accessary so to do, make an order—
(a) prohibiting or restricting the possession or use by that person of any articles specified in the order;
(b) imposing upon bim any restrictions specified in the order in respect of his employment or business, in respect of his association or communication with, other persons and in respect of his activities in relation to the dissemination of news or the propagation of opinions; or
(c) directing that he be detained in such place, and under such conditions, as the Minister from time to time determines,
and any person shall, while detained in pursuance of an order made under this sub-regulation, be deemed to be in legal custody.
(2.) For the purposes of this regulation, there shall be one or more advisory committees consisting of persons appointed by the Minister, and the chairman of any such committee shall be a person who holds or has held the office of Justice or Judge of a Federal Court or of a Court of a State or Territory of the Commonwealth.
(3.) The functions of any such committee shall be to consider, and make recommendations to the Minister with respect to, any objections against an order under this regulation which are duly made to the committee by the person to whom the order relates.
(4.) The Minister may make rules as to the manner in which objections against any such order may be made to such an advisory committee, and the rules shall contain provisions for enabling any person in respect of whom an order is made under this regulation to make objections against the order either in person or by counsel, solicitor or agent; and a person in respect of whom an order is made shall be informed of his right to make objections under this regulation.
Prisoners of war, &c.
27.—(1.) A person shall not—
(a) knowingly assist a prisoner of war to escape from custody, or knowingly harbour an escaped prisoner of war; or
(b) give an escaped prisoner of war any assistance with intent thereby to prevent, hinder or interfere with the apprehension of the prisoner.
(2.) The Minister may by order provide—
(a) for regulating access to, and the conduct of persons in, places where prisoners of war are detained, and for prohibiting or regulating the dispatch or conveyance, from outside those places, to or for prisoners of war therein, of any articles as are specified in the order; and
(b) for prescribing conditions to be observed in connexion with the employment of, or the provision of board or lodging for, prisoners of war while elsewhere than in places for the detention of prisoners of war.
(3.) The preceding provisions of this regulation shall apply in relation to any person in respect of whom there is in force an order for his detention made, either under this Part of these Regulations or in exercise of the prerogative of the Crown, as those provisions apply in relation to a prisoner of war.
(4.) No proceedings shall be taken, in pursuance of this regulation, against a person in respect of any act done by him when he is himself a prisoner of war.
Sabotage and Misrepresentation.
Sabotage
28.—(1.) A person shall not do any act with intent to destroy or damage or to impair the efficiency or impede the working of any building, vessel, aircraft, vehicle, machinery, apparatus or other thing used or intended to be used for the purposes of any of the forces of the King or the Commonwealth, or for the purposes of any undertaking engaged in the performance of essential services.
(2.) The provisions of sub-regulation (1.) of this regulation shall apply in relation to any omission on the part of a person to do anything which he is under a duty, either to the public or to any person, to do, as they apply in relation to the doing of any act by a person.
Interference with telegraphic communications.
A person shall not knowingly—
(a) cause interference with the sending or receiving of communications by means of wireless telegraphy, wireless telephony or wireless television ; or
(b) cause interference with, or intercept, telegraphic or telephonic communications made otherwise than by those means :
Provided that this regulation shall not apply to anything done by, or with the permission or under the direction of, any Commonwealth officer or any constable acting in the course of his duty as such.
Interference with forces, &c.
A person shall not—
(a) do any act having reasonable cause to believe that it will be likely to prevent or interfere with the performance of their duties by members of the forces of the King or the Commonwealth or the carrying on of their work by persons engaged in the performance of essential services; or
(b) do, in relation to any person whom he knows to be a member of the forces of the King or the Commonwealth or to be a person so engaged, any act with intent thereby to render him incapable of efficiently performing his duties as such or, as the case may be, of efficiently carrying on his work as a person so engaged.
Misleading acts and misrepresentation.
31.—(1.) A person shall not—
(a) do any act calculated falsely to suggest that he or any other person is or is not acting (either generally or in a particular capacity) in the service, or on behalf, of the King or the Commonwealth or a foreign Government, or as a member of a police force or fire brigade, or in the service, or on behalf, of an undertaking engaged in the performance of essential services;
(b) for the purpose of gaining admission, or of assisting any other person to gain admission, to a prohibited place, or for any purpose prejudicial to the safety or interests of the Commonwealth or of any other part of the King’s dominions—
(i) make use of any disguise or false name, or knowingly conceal his identity or nationality ;
(ii) knowingly make or connive at the making of any false statement or any omission;
(iii) knowingly produce or present to any person any document containing any false statement or from which any material omission has been made ;
(iv) forge, alter, tamper with or destroy any official permit or have in his possession any forged, altered or irregular official permit;
(v) personate, or falsely represent himself to be or not to be, a person to whom an official permit or secret official code-word or password has been duly issued or communicated;
(vi) retain any official permit, whether it is or is not completed or issued for use, when he has no right to retain it, or when it is contrary to his duty to retain it, or fail to comply with any direction given by any Government Department or by any person thereto authorized in writing by any such Department with respect to the return or disposal thereof;
(vii) have in his possession or under his control any official die, key, badge, device, seal or stamp, any impression of such a die, key, badge, device, seal or stamp, or any official paper ; or
(viii) counterfeit any official die, key, badge, device, seal or stamp, or have in his possession or under his control any counterfeited official die, key, badge device, seal or stamp, or anything so closely resembling an official die, key, badge, device, seal or stamp as to be likely to deceive, or any paper so closely resembling official paper as to be likely to deceive;
(c) do, in relation to any property, any act calculated falsely to suggest that the property does or does not belong to, or is or is not in the possession or under the control of, the King or the Commonwealth, or has or has not been classified, selected or appropriated on behalf of the King or the Commonwealth for any particular purpose;
(d) do any act whereby there are communicated, or likely to be communicated, to the public or to any section thereof any directions, instructions or information falsely purporting to be duly issued or given for purposes connected with the defence of the Commonwealth or the securing of the public safety;
(e) make any defence signal otherwise than for the purpose for which, or otherwise than in the circumstances in which, the making of that signal is authorized by or on behalf of the Minister, or do any act, or make any statement, having reasonable cause to believe that the act or statement is likely to result in the signal being made
otherwise than for that purpose or otherwise than, in those circumstances, or do any act having reasonable cause to believe that the act is likely to be mistaken for the making of the signal; or
(f) do any act, or make any statement, having reasonable cause to believe that the act or statement is likely to mislead any person in the discharge of any lawful functions in connexion with the defence of the Commonwealth or the securing of the public safety;
Provided that the provisions of paragraph (a) of this sub-regulation shall not apply to anything done by any person in the service of the Crown acting in the course of his duty as such or by any constable so acting.
(2.) A person shall not, without lawful authority or excuse—
(a) allow any other person to have possession of an official permit issued for his use alone;
(b) fail to comply with any direction or condition appearing on, or given by the authority which issued, such an official permit;
(c) have in his possession any official permit issued for the use of some person other than himself;
(d) on obtaining possession of any official permit by finding or otherwise, neglect or fail to restore it to the person or authority by whom or for whose use it was issued, or to a constable; or
(e) manufacture, sell or have in his possession any official die, key, badge, device, seal, stamp or any official paper.
(3.) In any prosecution in respect of any contravention of paragraph of sub-regulation (1.) of this regulation it shall not be necessary to show that the accused person was guilty of any particular act lending to show a purpose prejudicial to the safety or interests of the Commonwealth or of some other part of the King’s dominions, and, although no such act is proved against him, he may be convicted if, from the circumstances of the case, or his conduct, or his known character as proved, it appears that his purpose was a purpose prejudicial to the safety or interests of the Commonwealth or of some other part of the King’s dominions.
(4.) For the purposes of this regulation, any die, key, badge, device, seal, stamp or paper shall he deemed to be an official die, key, badge, device, seal or stamp, or official paper, as the case may be, if it is specially designed for use in the service of the King, the Commonwealth, a State or a foreign government, or for the purposes of a police force.
(5.) In this regulation—
(a) the expression “defence signal” means any signal authorized by or on behalf of the Minister to be used for any purpose connected with the defence of the Commonwealth or the securing of the public safety; and
(b) the expression “official permit” means any naval, military, air force, police or official passport, pass, permit, badge, certificate, licence or document which purports to identify the holder or authorize him to do any act or thing.
Part III.—Public Safety and Order.
Public Safety.
Evacuation of areas
32.—(1.) The Minister, of any person authorized by the Minister to act under this regulation, may, if it appears to him to be necessary or expedient so to do for the purpose of meeting any actual or apprehended attack by an enemy or of protecting persons and property from the dangers involved in such attack, make, with respect to any area, either or both of the following orders, that is to say:—
(a) an order directing that after the time specified in the order, a person other than a person of a class so specified shall not be in that area without the permission of the authority or person so specified;
(b) an order directing that any animals or things in that area specified in the order shall, by the time so specified, be removed from that area or, if they cannot reasonably be so removed before that time, be destroyed or rendered useless so far as practicable, and that after that time no such things or animals shall be brought into the area except with the permission of the authority or person so specified.
(2.) An order made under sub-regulation (1.) of this regulation for the removal of persons or property from any area—
(a) may prescribe the routes by which persons or property, or any particular classes of persons or property, are to leave or be removed from the area;
(b) may prescribe different times as the times by or at which different classes of persons or property in the area are to leave or be removed therefrom ;
(c) may prescribe the places to which persons are to proceed on leaving that area in compliance with the order; and
(d) may make different provision in relation to different parts of the area,
and may contain such other incidental and supplementary provisions as appear to the authority or person making the order to be necessary or expedient for the purposes of the order.
(3.) If the Minister is satisfied with respect to any area, that, it is necessary that special steps should be taken to provide in that area accommodation for abnormal numbers of persons who have come or are likely to come into the area in consequence of, or in apprehension of, attacks by an enemy, he may, by order, designate that area as an area in which persons may be billeted and, without prejudice to the following provisions of this regulation, provide for the billeting of persons in that area ; and so long as the order is in force with respect to any area, any person thereto authorized by the Minister may give directions with respect to any premises in the area requiring the occupier of the premises to furnish lodging therein for such number of persons, and during such period, as is specified in the directions, and the occupier of the promises shall furnish lodging accordingly.
(4.) Where lodging is furnished by any person in accordance with sub-regulation (3.) of this regulation payment in respect thereof shall be made to him by such person, and at such rate, as are prescribed by an order made by the Minister.
(5.) Where an order is made under this regulation requiring the removal of any animals or things from any area by a specified time, the authority by whom the order was made may, while the order is in force, cause those animals or things, or any of them, to be removed from the area, if that authority is satisfied that such action is the most effectual means of securing compliance with the order; and if any person or any animal or thing is in any area in contravention of an order made under this regulation, he or it may, without prejudice to any proceedings which may be taken in respect of the offence, be removed from that area by, or under the direction of, any constable or any Commonwealth officer.
(6.) If any order made under this regulation is contravened or is not complied with in the case of any animal or thing, the person in charge thereof shall be guilty of an offence against these Regulations.
Precautions against hostile attack.
33.—(1.) The Minister may by order prescribe the steps which are to be taken by persons to protect themselves against the dangers involved in an attack by an enemy, and any such order may provide that, upon the giving of any notice or signal specified in the order, any persons or classes of persons may, in such circumstances and subject to such conditions, if any, as are specified in the order, enter and remain in any such premises or parts of premises as are designated in such manner, and by such authority or person, as is specified.
(2.) A person shall not—
(a) wilfully obstruct any person entering or seeking to enter any premises or part of any premises in accordance with an order made under sub-regulation (1.) of this regulation; or
(b) eject from any premises or part of any premises any person who is entitled to be therein by virtue of such an order.
(3.) The Minister may by order prohibit or restrict, or enable any person to prohibit or restrict, assemblies of persons in any area, either generally or for particular purposes, in so far as the prohibition or restriction appears to the Minister or person, as the case may be, to be necessary in order to minimize the risk of loss of life or personal injuries being caused in that area in consequence of any attack by an enemy; and any constable may take such steps, and use such force, as are reasonably necessary to secure compliance with any order under this sub-regulation.
Damage to premises, and contamination by gas.
34.—(1.) Where, with respect to any premises, it appears to any officer of police of a rank not lower than that of inspector, or to any person authorized by the Minister to act under this sub-regulation, that by reason of the fact—
(a) that substantial damage has occurred in those premises;
(b) that works of demolition or construction are being, or are about to be, executed in the premises; or
(c) that, in consequence of hostile action, the premises are contaminated by any lethal gas or other noxious substance,
it is expedient in the interests of the public safety, the defence of the Commonwealth or the maintenance of public order so to do, the officer or person may take, or authorize the taking of, such steps, and give such directions, as he thinks necessary for the purpose of the protection of persons and property in, or in the vicinity of, those
premises; and for the avoidance of doubt it is hereby declared that the powers conferred in relation to any premises by the preceding provisions of this regulation include powers to stop up, and to prohibit or restrict the use of, any road or pathway, and to prohibit or restrict the occupation of premises, so far as is necessary for that purpose.
(2.) Any person authorized by the Minister or by a local governing authority to act under this sub-regulation may, if satisfied with respect to any chattel that, in consequence of hostile action, the chattel is contaminated by any lethal gas or other noxious substance, and that in order to prevent danger to life or health being occasioned thereby it is necessary so to do,—
(a) cause to be taken in relation to the chattel all steps reasonably necessary to render it free from the contamination; or
(b) if it is not reasonably practicable so to render the chattel free from the contamination, cause the chattel to be destroyed.
Control of lights and sounds.
35.—(1.) The Minister may by order provide—
(a) for prohibiting or regulating the display of lights of any description specified in the order;
(b) for securing that, in such circumstances as are specified in the order, indication of the position of such premises and places, and warning of the presence of such vehicles or vessels, as are specified in the order, shall be given by means of lights prescribed by the order, and for prescribing the manner in which any apparatus used for the purpose of exhibiting the lights is to be constructed, installed and used;
(c) for prohibiting or regulating the use of roads by any particular class of traffic, so far as appears to the Minister to be necessary for avoiding danger consequent on compliance with any provisions of an order under this regulation which relate to the lighting of roads or of vehicles on roads; or
(d) for prohibiting or regulating any activities specified in the order, being activities which, by reason of their involving the omission of flames, sparks or glare or the making of noise, might, in the opinion of the Minister, serve to convey information useful to the enemy or otherwise interfere with measures taken for the defence of the Commonwealth.
(2.) Any such order may be made so as to apply either throughout Australia or to any area or premises therein, may make different provision with respect to different classes of premises, vehicles or vessels, may provide for exempting any premises, vehicles or vessels (either absolutely or conditionally) from the operation of any of the provisions of the order, and may contain such incidental and supplementary provisions as appear to the Minister to be necessary or expedient for the purposes of the order.
(3.) If any order made under this regulation is contravened or not complied with in the case of any premises, vehicle or vessel, any constable and any member of the Defence Force may enter the premises or board the vehicle or vessel and take in relation thereto all steps reasonably necessary for the enforcement of the order, and (without prejudice to any proceedings which may be taken against any other person) the occupier of the premises, the person in charge of the vehicle, or the master of the vessel, as the case may be, shall be guilty of an offence against these Regulations.
Provided that, in any proceedings which, in pursuance of this sub-regulation, are taken against any person in respect of a contravention of, or non-compliance with, such an order on the part of another person, it shall be a defence for the defendant to prove that the contravention occurred without his knowledge and that he exercised all due diligence to secure compliance with the order.
Co-ordination of fire brigades.
The Minister, if it appears to him to be necessary or expedient in the interests of the public safety or the defence of the Commonwealth so to do, may by order—
(a) constitute as a special fire brigades area any area specified in the order;
(b) make provision for securing that fire brigades specified in the order are made available so as to deal as effectively as possible with outbreaks of fire in any part of the area;
(c) provide for enabling persons specified in the order to enter premises, and give directions and take steps for the vacation or destruction of premises and the removal or destruction of property, so far as is reasonably necessary in order to deal with, or prevent the spread of, any outbreak of fire occurring in the area, or to protect or save persons or property from the dangers involved in the outbreak ; and
(d) provide for imposing duties, in connexion with the administration of the order, on local governing authorities by whom fire brigades are maintained in the area, and for securing that, in the circumstances specified in the order, there shall be made to any local authority, in respect of services which in pursuance of the order are rendered by the fire brigade of that local authority outside its area, payments of such amounts, and by such persons, as are so specified,
and any order may contain such incidental and supplementary provisions as appear to the Minister to be necessary or expedient for the purpose of the order.
Disposal of dead bodies.
37.—(1.) If with respect to any dead body, any officer of police in charge of a police station or any commissioned officer in the Defence Force has reasonable cause to believe that it is the body of a person who has died in consequent of war operations, that officer may, subject to such restrictions and conditions as are imposed by order of a Minister, give such directions for the disposal of the body as the officer thinks fit, and any person to whom the directions are given shall comply accordingly.
(2.) Except in any particular case in which a Minister otherwise directs, nothing in any law relating to coroners or the registration of deaths shall apply in relation to any body with respect to which directions are given under sub-regulation (1.) of this regulation, or in relation to the death of any person with respect to whose body directions are given under that sub-regulation; but a Minister may by order make provision for securing that particulars of the identity of any person with respect to whose body directions are so given shall, so far as they are known or can reasonably be ascertained, be furnished to the appropriate authority in the State or Territory of the Commonwealth concerned within such time after the giving of the directions as is prescribed by the order.
(3.) In this regulation, the expression “body” includes any part of a body, and the expression “war operations” means operations of the armed forces of an enemy, or operations of any of the forces of the King or the Commonwealth while in action against an enemy or while acting in the course of their duty upon any warning of the imminence of an attack by an enemy.
Curfew.
The Minister may, with respect to any area, by order direct that, subject to any exemptions for which provision may be made by the order, no person in that area shall, between the hours specified in the order, be out of doors except under the authority of a written permit granted by the authority or person specified in the order.
Explosives ammunition and firearms.
39.—(1.) The Minister may by an order made with respect to any specified area provide, subject to any exemptions for which provision is made by the order, for prohibiting, either absolutely or conditionally, the possession in that area of any explosive, any ammunition or any firearm or component part of a firearm ; and such an order may be made either with respect to all explosives, ammunition, firearms or component parts of firearms, or with respect to any class of explosives, ammunition, firearms or component parts of firearms.
(2.) Any person who, in any area specified by order of the Minister, not being an area in relation to which an order made under sub-regulation (1.) of this regulation is in force, has in his possession or under his control any explosive, any ammunition or any firearms or component parts of firearms, shall comply with the directions for securing the safe custody thereof given by a person thereto authorized by the Minister, and any such directions may require the removal of the explosive, ammunition, firearms or component parts to the place in the first-mentioned area specified in the directions.
(3.) If any directions given under sub-regulation (2.) of this regulation are not complied with, the person who gave the directions may (without prejudice to any proceedings which may be taken in respect of the offence) cause the articles to which the directions relate to be dealt with in such manner as is necessary for securing compliance with the directions.
Manufacture and transport of dangerous articles.
40.—(1.) If, with respect to any premises used for producing, treating, handling or keeping any articles or substances, a Minister is satisfied that precautions should be taken against special risks arising from the nature of the articles or substances, he may by order make such provision as appears to him to be necessary
or expedient for protecting persons and property in, or in the vicinity of the premises against any such risks; and the order may authorize the searching of persons entering, or seeking to enter, or being within, any premises to which the order applies.
(2.) A Minister may by order make, in relation to the conveyance on vehicles or vessels of any description of articles or substances specified in the order, such provision as appears to him to be necessary or expedient for protecting persons and property against any special risks arising, in connexion with the conveyance, by reason of the nature of those articles or substances.
Public Order.
Causing disaffection
41.—(1.) A person shall not—
(a) endeavour to cause disaffection among any persons engaged (whether in Australia or elsewhere) in the service of the King or the Commonwealth, or in the performance of essential services, or to induce any person to do or omit to do anything in breach of his duty as a person so engaged; or
(b) with intent to contravene, or to aid, abet, counsel or procure a contravention of, paragraph (a) of this sub-regulation, have in his possession or under his control any document of such a nature that the dissemination of copies thereof among any such persons would constitute such a contravention.
(2.) A prosecution in respect of a contravention of this regulation shall not be instituted except with the consent of the Attorney-General.
Propaganda.
42.—(1.) A person shall not—
(a) endeavour, whether orally or otherwise, to influence public opinion (whether in Australia or elsewhere) in a manner likely to be prejudicial to the defence of the Commonwealth, or the efficient prosecution of the war; or
(b) do any act, or have any article in his possession, with a view to making, or facilitating the making of, any such endeavour.
(2.) A prosecution in respect of a contravention of this regulation shall not be instituted except with the consent of the Attorney-General.
(3.) Where any person is convicted on indictment in respect of a contravention of this regulation by reason of his having published a newspaper, the Court may by order direct that, during the period specified in the order, that person shall not publish any newspaper in Australia.
(4.) In this regulation—
(a) the expression “public opinion” includes the opinion of any section of the public, and
(b) the expression “newspaper” includes any journal, magazine or other periodical publication.
Unofficial uniforms, &c.
43.— (1.) The Minister may by order prohibit the wearing or display by any person in public of any distinctive dress or article of` apparel or any emblem, being a dress, article or emblem as to which the Minister is satisfied that any such wearing or display thereof would be likely to cause a disturbance of public order or to promote disaffection, and any such order may be made so as to apply either generally or to a specified area.
(2.) For the purposes of this regulation, a dress, an article of apparel or an emblem shall be deemed to be worn or displayed in public if it is worn or displayed so as to be visible to a person in any place to which the public have access.
Processions and meetings.
44.—(1.) A Minister, if satisfied, with respect to any area, that the holding of public processions or of any class of public processions in that area would be likely to cause a disturbance of public order or to promote disaffection, may by order prohibit, for the period specified in the order, the holding in that area of processions or processions of that class, as the case may be.
(2.) A Minister may give directions prohibiting the holding of any meeting as to which he is satisfied that the holding thereof would be likely to cause a disturbance of public order or to promote disaffection.
(3.) Any constable or Commonwealth officer may take such step, and use such force, as are reasonably necessary for securing compliance with any order or directions made or given under this regulation.
(4.) In this regulation, the expression “public procession” means a procession in a public place.
Part IV.—Ships and Aircraft.
General control of navigation.
45.— (1.) The Minister may by order make provision as to the places in or to which vessels may be or go, and generally for regulating the movements, navigation, pilotage, anchorage, mooring, berthing and lighting of vessels, and any order made under this regulation is in these Regulations referred to as “a navigation order”,
(2.) If, in the case of any vessel, a navigation order is contravened or not complied with, the master of the vessel shall be guilty of an offence against these Regulation.
(3.) Any Commonwealth officer may, in relation to any vessel, take such steps, and use such force, as appear to him to be reasonably necessary for securing compliance with any order under this regulation relating to the vessel, or, where any contravention in respect of this regulation has occurred in the case of the vessel, for enabling proceedings in respect of the offence effectually to be taken.
(4.) The preceding provisions of this regulation shall apply in relation to seaplanes on the surface of the water as those provisions apply in relation to vessels, and seaplanes taking off from, or alighting on, the water shall be deemed, for the purposes of this regulation, to be on the surface of the water while in contact therewith.
Control of lighthouses, &c.
46.—(1.) Except under permission granted by or on behalf of the Minister—
(a) no light, buoy, beacon, marine mark or other apparatus used for the purpose of aiding navigation in or on the water shall be discontinued, altered or removed; and
(b) no variation shall be made in the mode of exhibiting or operating any such light, buoy, beacon, marine mark or other apparatus.
(2.) The Minister or any person thereto authorized by him, may, if it appears to him to be necessary in the interests of the public safety or the defence of the Commonwealth so to do, give directions for prohibiting or restricting the exhibition or operation of, or requiring the removal, alteration or concealment of, or the making of any variation in the mode of exhibiting or operating, any such light, buoy, beacon, marine mark or other apparatus.
(3.) If this regulation, or any direction given under this regulation, is contravened or not complied with in the case of any light, buoy, beacon, marine mark or other apparatus, the person responsible for the maintenance of the light, buoy, beacon, marine mark or apparatus, as the case may be, shall be guilty of an offence against these Regulation; and, in the case of a failure to comply with any direction requiring the removal, alteration or concealment of any light, buoy, beacon, marine mark or other apparatus, the Minister may, without prejudice to any proceedings which may be taken in respect of the offence, cause to be done all work necessary for securing compliance with the direction.
Measures for safety of Australian ships.
47.—(1.) Subject to these Regulations, the Minister may, if it appears to him to be necessary or expedient for the safety of ships registered in Australia and of persons on board such ships so to do, make provision by order—
(a) for securing that any ship to which the order applies shall not, except under permission granted by the Minister or any person thereto authorized by him, proceed to sea from any port (whether within or outside the Commonwealth) unless such requirements in respect of the alteration of the structure or external appearance of the ship, and in respect of the equipping of the ship with any particular apparatus, contrivance or appliance, as are contained in the order have been complied with;
(b) for securing the proper maintenance and efficient use of any apparatus, contrivance or appliance with which any ship is equipped in pursuance of the order; and
(c) for any incidental and supplementary matters for which it appears to the Minister to be necessary or expedient for the purposes of the order to provide.
(2.) An order under this regulation may be made so as to apply either to a particular ship or to ships of a particular class, and so as to apply to any such ship or ships either wherever it or they may be or while in such waters, or engaged on such voyages, as are specified in the order.
(3.) If any ship proceeds or attempts to proceed to sea in contravention of an order made under this regulation, the master of the ship and the person having the management thereof shall each be guilty of an offence against these Regulations.
(4.) Any Commonwealth officer may, in relation to any ship, take such steps, and use such force, as appear to him to be reasonably necessary for securing compliance with any order under this regulation
relating to the ship, or, where any contravention in respect of this regulation has occurred in the case of the ship, for enabling proceedings in respect of the offence effectually to be taken.
Employment in Australian ships and aircraft.
48.—(1.) The Minister of State for Commerce, if it appears to him to be necessary or expedient in the interests of the defence of the Commonwealth or the efficient prosecution of the war so to do, may, in respect of any class of ships registered in Australia, make provision by order—
(a) for securing that, subject to any exemptions for which provision is made by the order, any class of persons specified in the order shall not be employed on board ships to which the order applies; or
(b) for prohibiting the employment of any persons or class of persons on board those ships unless they are holders of certificates of identity issued in accordance with the form and manner specified by the order.
(2.) An order under this regulation may be made so as to restrict the employment of persons either in any capacity or in the capacity specified in the order, and so as to restrict the employment of persons in ships to which the order applies either wherever they may be or while in the waters, or engaged in the trades or on the voyages, so specified.
(3.) This regulation shall apply in relation to aircraft as it applies in relation to ships, and in such application the reference to the Minister of State for Commerce shall be read as a reference to the Minister.
Employment abroad of agents for ships and aircraft.
49.—(1.) The Minister of State for Commerce with a view to preventing the employment abroad, in connexion with the management of ships registered in Australia, of enemy aliens or persons connected with an enemy, may by order direct that, as from the date specified in the order, the owner, manager or charterer of any ship, being a person resident in the Commonwealth or a corporation incorporated under the law of the Commonwealth or of any part of the Commonwealth, shall not employ in any foreign country or territory, in connexion with the management of the ship, any person other than a person approved for the purpose in accordance with the order; and an order under this regulation may be made so as to apply either generally to employment in all foreign countries or territories or to employment in the foreign countries or territories, or any class of foreign countries or territorie, specified in the order.
(2.) This regulation shall apply in relation to aircraft as it applies in relation to ships, and in such application the reference to the Minister of State for Commerce shall be read as a reference to the Minister.
Control of trade by sea.
50.—(1.) Without prejudice to any navigation order and subject to this regulation, the Minister may make provision by order for imposing in relation to any ship registered in Australia to which the order applies, restrictions in respect of all or any of the following matters, that is to say:—
(a) the trades in which the ship may be engaged, and the voyages which may be undertaken by the ship;
(b) the classes of cargoes or passengers which may be carried in the ship ; and
(c) the hiring of the ship, and the terms and conditions upon which cargoes or passengers may be carried in the ship.
(2.) Any order under this regulation may contain such incidental and supplementary provisions as appear to the Minister to be necessary or expedient for the purposes of the order, including provisions for securing that any ship to which the order applies shall not proceed to sea from any port (whether within or outside Australia) except under the authority of a licence granted by the Minister or a person thereto authorized by him, and for requiring any such ship to comply with any directions given in pursuance of the order as to the ports to which the ship is to proceed for any particular purpose.
(3.) Any provisions of an order under this regulation may be framed so as to apply either to all ships registered in Australia or to any class of ships or to any particular ship, and so as to apply to any ship or ships either wherever it or they may be or while in the waters, or engaged in the trades or on the voyages, specified in the order.
(4.) If any ship proceeds or attempts to proceed to sea in contravention of an order made under this regulation, or if otherwise there is any contravention of such an order in the case of a ship, the master of the ship and the person having the management thereof shall each be guilty of an offence against these Regulations.
(5.) Any constable or Commonwealth officer may, in relation to any ship, take such steps, and use such force, appear to him to be reasonably necessary for securing compliance with any order under this regulation relating to the ship, or, where a contravention in respect of this regulation has occurred in the case of the ship, for enabling proceedings in respect of the offence effectually to be taken.
(6.) In this regulation, the expression “the Minister” means the Minister of State for Commerce.
Deserters from ships.
Any person lawfully engaged to serve on board any ship belonging to, or chartered or requisitioned by, or on behalf of, the King or the Commonwealth, who in the Commonwealth is, by virtue of the Navigation Act 1912-1935, guilty of the offence of desertion or of absence without leave, may, notwithstanding anything contained in that Act, be conveyed on board his ship by, or under the direction of, any one or more of the following persons, that is to say, the master of the ship, a mate of the ship, the person having the management of the ship, any constable, any commissioned officer in the Defence Force and any superintendent within the meaning of the Navigation Act 1912-1935.
Extension of application of Air Navigation Regulations.
The powers contained in the Air Navigation Regulations made under the Air Navigation Act 1920-1936 shall be exercisable in relation to the navigation of aircraft registered in Australia, over any area outside Australia, as they are exercisable in relation to the navigation of aircraft over Australia.
Part V.—Essential Supplies and Work.
General Provisions.
Power to do work on land.
53.—(1.) Any member of the Defence Force acting in the course of his duty as such, and any person thereto authorized by a Minister, may, for any purpose connected with the defence of the Commonwealth, the prosecution of the war, the securing of the public safety or the maintenance of supplies and services essential to the life of the community, do any work on any land, or place anything in, on or over any land.
(2.) If it appears to a Minister to be necessary or expedient so to do in the interests of the public safety, the defence of the Commonwealth, the efficient prosecution of the war or the maintenance of supplies and services essential to the life of the community, he may by order provide for prohibiting or restricting the doing on any particular land of any work specified in the order.
(3.) A person (other than a person in the service of the Crown or constable acting in the course of his duty as such) shall not, except with permission granted by or on behalf of a Minister, remove, alter or tamper with any work done, or thing placed, in, on or over any land in pursuance of this regulation.
(4.) For the purpose of this regulation, the doing of work shall, in relation to any land, be deemed to include the demolition, pulling down, destruction or rendering useless of anything placed in, on or over the land, the maintenance of any work or thing in, on or over the land, and the removal from the land of anything so placed, demolished or pulled down in pursuance of this regulation.
Taking possession of land.
54.—(1.) If it appears to a Minister to be necessary or expedient so to do in the interests of the public safety, the defence of the Commonwealth or the efficient prosecution of the war or for maintaining supplies and services essential to the life of the community, he may take possession of any land, and may give such directions as appear to him to be necessary or expedient in connexion with the taking of possession of the land.
(2.) While any land is in the possession of a Minister in pursuance of a direction given under this regulation, the land may, notwithstanding any restriction imposed on the use thereof (whether by law or otherwise), be used by, or under the authority of, that Minister for such purpose, and in such manner, as he thinks expedient in the interests of the public safety or the defence of the Commonwealth, or for maintaining supplies and services essential to the life of the community; and that Minister, so far as appears to him to be necessary or expedient in connexion with the taking of possession or use of the land in pursuance of this sub-regulation—
(a) may do, or authorize persons so using the land to do, in relation to the land, anything which any person having an interest in the land would be entitled to do by virtue of that interest; and
(b) may by order provide for prohibiting or restricting the exercise of rights of way over the land, and of other rights relating thereto which are enjoyed by any person, whether by virtue of an interest in land or otherwise.
(3.) The owner or occupier of any land shall, if requested by a Minister or a person thereto authorized by him so to do, furnish to that Minister or such person as is specified in the request such information in his possession relating to the land (being information which reasonably may be demanded in connexion with the execution of this regulation) as is so specified.
Use of land.
Without prejudice to any other of these Regulations, a Minister may by order authorize, subject to any restrictions and conditions imposed by the order, the use of any land specified therein for naval, military or air force purposes, during the period specified in the order; and any such order may, so far as appears to that Minister to be necessary or expedient for the purposes thereof, provide—
(a) for entitling persons using any land in pursuance of the order to do such acts in relation to that land as are specified in the order ; and
(b) for prohibiting or restricting the exercise of rights of way over that land, and of other rights relating thereto which are enjoyed by any person, whether by virtue of an interest in that land or otherwise.
Entry and inspection of land.
Any member of the Defence Force acting in the course of his duty as such, and any person thereto authorized by a Minister—
(a) may enter on any land for the purpose of exercising any of the powers conferred in relation to that land by regulations 53, 54 and 55 of these Regulations;
(b) may enter and inspect any land for the purpose of determining whether, and, if so, in what manner, any of those powers are to be exorcised in relation to the land; and
(c) may, for any purpose connected with the defence of the Commonwealth, the prosecution of the war, the securing of the public safety or the maintenance of supplies and services essential to the life of the community, pass (with or without animals or vehicles) over any land.
Requisitioning of property other than land.
57.—(1.) Subject to these Regulations, if it appears to a Minister to be necessary or expedient so to do in the interests of the public safety, the defence of the Commonwealth or the efficient prosecution of the war, or for maintaining supplies and services essential to the life of the community, he may by order provide for the requisitioning of
(a) any property (other than land), including any vessel or aircraft and any article on board a vessel or aircraft ; and
(b) any ship or aircraft registered in Australia or any article on board any such ship or aircraft, wherever the ship or aircraft may be.
(2.) Where any property is requisitioned in pursuance of an order made under this regulation, a Minister may use or deal with, or authorize the use of or dealing with, the property for such purpose and in such manner as he thinks expedient in the interests of the public safety, the defence of the Commonwealth or the efficient prosecution of the war, or for maintaining supplies and services essential to the life of the community, and may hold, or sell or otherwise dispose of, the property as if he were the owner thereof.
(3.) If it appears to a Minister to be necessary for the effectual operation of any order made under sub-regulation (1.) of this regulation, he may, by order made with respect to the whole of Australia or any part thereof—
(a) direct that no person who, at the time while the order is in force, has in his possession or under his control, at any premises in the area to which the order relates, any
articles described in the order, shall remove the articles, or cause or permit them to be removed, from the premises until the removal of the articles therefrom, is permitted by the authority or person specified in the order; and
(b) require the owner or occupier of any premises in the area to send to the person specified in the order a written declaration stating or estimating whether or not, on the date specified in the order, any such articles were or will be on the premises, and, if so, the number or quantity of those articles which was or will be on the premises on that date, according as the order directs.
(4.) Such compensation shall be payable in respect of property requisitioned in pursuance of an order made under this regulation as is determined by agreement, or, in the absence of agreement, by action by the claimant against the Minister who made the order in any court of competent jurisdiction or otherwise as specified in the order.
Special powers as to ships and aircraft.
58.—(1.) Subject to these Regulations, the Minister may require any space or accommodation in a ship or aircraft registered in Australia to be placed at his disposal, and may give such directions as appear to him to be necessary or expedient in connexion with any such requirement; and if any directions given under this sub-regulation with respect to any ship or aircraft are contravened or not complied with, the master of the ship or the pilot of the aircraft, as the case may be, and the person, having the management thereof, shall each be guilty of an offence against these Regulations.
(2.) Where, in respect of any ship or aircraft, there subsists between a person to whom this sub-regulation applies and any other person a charter-party or other contract under which the first-mentioned person is entitled to possession of the ship or aircraft, or has the right to have any articles carried in the ship or aircraft or to use any space or accommodation in the ship or aircraft, the Minister may serve on the first-mentioned person, in any manner appearing to the Minister to be convenient, a notice stating that, on the date specified in the notice, his rights and liabilities under the contract will be transferred to the Minister ; and in that event the contract shall, with respect to any rights exercisable, or liabilities incurred, on or after that date, have effect, subject to the provisions of sub-regulation (4.) of this regulation, as if the Minister were a party to the contract instead of the person on whom the notice was served, and as if for any reference in the contract to that person there were substituted a reference to the Minister.
(3.) The persons to whom sub-regulation (2.) of this regulation applies are—
(a) every British subject resident in Australia; and
(b) every corporation incorporated under the law of the Commonwealth or of any part of the Commonwealth.
(4.) The Minister may at any time cancel a notice served under sub-regulation. (2.) of this regulation in respect of a contract, and thereupon that sub-regulation shall, unless and until a further notice is served thereunder in respect of that contract, cease to operate in relation to the contract with respect to any rights exercisable, or liabilities incurred, on and after the date on which the cancellation takes effect.
(5.) Notice of any such cancellation shall be given as soon as may be by the Minister in such manner as he thinks fit for informing the person concerned.
(6.) In the application of this regulation to ships, any reference to the Minister shall be read as a reference to the Minister of State for Commerce.
General control of industry.
59.—(1.) A Minister, so far as appears to him to be necessary in the interests of the defence of the Commonwealth or the efficient prosecution of the war, or for maintaining supplies and services essential to the life of the community, may by order provide—
(a) for regulating the production, treatment, keeping, storage, movement, transport, distribution, sale, purchase, use or consumption of essential articles, and, in particular, for controlling the prices at which the articles may be sold;
(b) for regulating the carrying on of any undertaking engaged in essential work, and, in particular, for controlling the charges which may be made by the undertakers in respect of the doing of any work by them ;
(c) for regulating, restricting or prohibiting the production, importation, treatment, keeping, storage, transport, distribution or sale of articles other than essential articles;
(d) for requiring persons carrying on, or employed in connexion with, any trade or business specified in the order to produce to the authority or person so specified any books, accounts or other documents relating to that trade or business, and for requiring any persons to furnish to the authority or person specified in the order such estimate or returns as that Minister considers it desirable to obtain for the effectual exercise of any of his powers under paragraphs (a), (b) and (e) of this sub-regulation; and
(e) for any incidental and supplementary matters for which that Minister thinks it expedient for the purposes of the order to provide, including, in particular, the entering and inspection of premises to which the order relates by persons authorized in that behalf by a Minister, with a view to securing compliance with the order.
(2.) An order under this regulation may prohibit the doing of anything regulated by the order except under the authority of a licence granted by the authority or person specified in the order, and may be made so as to apply either to undertakings generally or to any particular undertaking or class of undertakings, and either to the whole or to any part of any undertaking, and so as to have effect either throughout Australia or in any particular area therein.
(3.) Where the right to make charges in connexion with the carrying on of any undertaking with respect to which an order may he made under this regulation is limited by law, any order so made in relation to that undertaking may authorize the undertakers to make in that connexion charges in excess of, or in addition to, those which they would otherwise be authorized to make.
(4.) If it appears to a Minister to be necessary so to do in the interests of the public safety, the defence of the Commonwealth or the efficient prosecution of the war, or for maintaining supplies and services essential to the life of the community, he may carry on or authorize a person to carry on the whole or any part of any existing undertaking; and while in pursuance of this paragraph a Minister or a person so authorized is carrying on the whole or any part of an undertaking—
(a) that Minister or person shall be deemed to be acting as the agent of the undertakers, except that the undertakers shall not have any right to control the carrying on of the undertaking or part of the undertaking; and
(b) the undertakers shall not be bound, or, as the case may be, shall not in respect of such matters as are specified by order of that Minister, be bound, by any obligation or limitation imposed on them by or by virtue of any law or instrument determining their functions.
(5.) In this regulation—
(a) the expressions “essential articles” and “essential work” mean respectively articles and work appearing to a Minister to be essential for the defence of the Commonwealth or the efficient prosecution of the war, or to be essential to the life of the community; and
(b) the expression “undertaking” means any public utility undertaking or any industrial or commercial enterprise, and includes any undertaking or service which in the opinion of a Minister is essential to the life of the community, and the expression “undertakers”, in relation to any such undertaking, means the person by whom it is carried on,
and any reference in this regulation to articles shall be construed as including a reference to substances, vehicles, vessels or animals.
Public utility undertakings
60.— (1.) With respect to any public utility undertaking, a Minister, and any person thereto authorized by him, may give directions for securing that the powers and duties of the undertakers are exercised and performed in such manner as that Minister thinks proper in the interests of the public safety, the defence of the Commonwealth or the efficient prosecution of the war, or for maintaining supplies and services essential to the life of the community; and a Minister may by order relax any obligation or limitation imposed on the undertakers by, or in pursuance of, any law or instrument determining their functions, and in particular may authorize the undertakers to make, in connexion with the carrying on of the undertaking, charges in excess of, or in addition to, those which they would otherwise be authorized to make.
(2.) With a view to ascertaining whether any directions given under this regulation with respect to a public utility undertaking are complied with, any person authorized in that behalf by a Minister may at any time enter and inspect any premises used or appropriated for the purposes of the undertaking.
(3.) Any person concerned in the management, or employed inconnexion with the carrying on, of a public utility undertaking shall, if required by a Minister or a person thereto authorized by him so to do, produce or furnish to that Minister or the person specified
in the request such books or other documents, or, as the case may be, such estimates, returns, accounts or other information, being documents or information in his possession relating to the undertaking, as are so specified.
Transport.
Control of lines of communication for defence purposes.
A Minister or any person thereto authorized by him may, with a view to facilitating any operations of the forces of the King or the Commonwealth or the movement of persons and supplies in connexion with any such operations, by order give directions for prohibiting or restricting, within the area, and for the period, specified in the directions, the use of any dock or harbour or any highway, railway or inland waterway.
Traffic on roads.
Without prejudice to any other of these Regulations, a Minister may by order provide for the regulation of traffic on roads, and, without prejudice to the generality of the power, any such order may in particular provide—
(a) for determining the routes to be followed by any particular class of vehicles proceeding on roads, either generally or in such circumstances as determined by or in accordance with the order; or
(b) for prohibiting or regulating the use of vehicles or any class of vehicles on roads or the use by vehicles of specified roads or classes of roads, either generally or in such circumstances as are so specified,
and may be made so as to apply either generally or to any specified area, and may make different provision for different parts of the area to which the order applies.
Maintenance of roads.
63.—(1.) Where any person is under a duty to improve or maintain a road, a Minister may by order give such directions with respect to the manner in which that duty is to be performed as he thinks necessary in the interests of the public safety, the defence of the Commonwealth or the efficient prosecution of the war.
(2.) Sub-regulation (1.) of this regulation shall apply in relation to any bridge over or under a road, and to any tunnel in the course of a road, as it applies in relation to a road.
(3.) If any directions given under this regulation are not complied with by the person to whom they are given, then (without prejudice to any proceedings which may be taken in respect of the offence) a Minister may cause to be done all such work as is necessary for securing compliance with the directions.
(4.) A local road authority, if authorized in that behalf by a Minister, may do on his behalf any work which he is authorized to cause to be done under sub-regulation (3.) of this regulation.
Control of traffic at ports.
64.—(1.) Without prejudice to any navigation order, if it appears to a Minister to be necessary or expedient so to do in the interests of the public safety, the defence of the Commonwealth or the efficient prosecution of the war, or for maintaining supplies and services essential to the life of the community, he may make provision by order—
(a) for prohibiting or restricting the shipping or unshipping of articles or persons, or any specified class of articles or persons, at any port in Australia, and
(b) generally, for regulating, facilitating or expediting the traffic at any such port,
and an order under this regulation may contain such incidental and supplementary provisions as appear to that Minister to be necessary or expedient for the purposes of the order.
(2.) The reference in this regulation to shipping or unshipping shall be construed as including a reference to embarking or putting on board seaplanes or disembarking or unloading from seaplanes, as the case may be.
Congestion of traffic at ports and on railways.
65.—(1.) Any person thereto authorized by a Minister may, if it appears to him to be necessary for the purpose of preventing or avoiding any undue congestion of traffic at any port or railway premises, cause to be removed from the port or premises, and to be kept at such place as he thinks proper, any goods at the port or on the premises which are not removed therefrom with reasonable dispatch by or on behalf of the consignee.
Handling and conveyance of ammunition, &c., in ports.
66.—(1.) A Minister may, in relation to any area, by order make such provision as appears to him to be required in the interests of safety for regulating—
(a) the shipping, unshipping, handling, storage or conveyance of ammunition, explosives or inflammable substances in the service of the King or the Commonwealth or under instructions given on behalf of the King or the Commonwealth; or
(b) the conveyance of ammunition, explosives or inflammable substances in any vessel for purposes of defence.
(2.) The reference in this regulation to shipping or to unshipping shall be construed as including a reference to putting on board seaplanes or to unloading from seaplanes, as the case may be.
Supplementary Provisions.
Inquiries
67.— (1.) If a Minister considers it desirable for the exercise of any of his powers under this Part of these Regulations that an inquiry should be held into any particular matter, he may direct the holding of an inquiry into that matter by such person and at such place as he determines.
(2.) For the purposes of any inquiry held in pursuance of this regulation, the person appointed to hold the inquiry may by summons require any person to attend, at the time and place specified in the summons, to give evidence or to produce any documents in his custody or under his control which relate to any matter in question at the inquiry, and may take evidence on oath, and for that purpose administer oaths, or may, instead of administering an oath, require the person examined to make and subscribe a declaration of the truth of the matter respecting which he is examined :
Provided that a person shall not he required, in obedience to any such summons, to go more than ten miles from his place of residence, unless the necessary expenses of his attendance are paid or tendered to him.
(3.) Every person who refuses or wilfully neglects to attend in obedience to a summons issued under this regulation, or to give evidence, or who wilfully alters, suppresses, conceals, destroys or refuses to produce any book or other document which he is required to produce for the purpose of such an inquiry, shall be guilty of an offence against these Regulations.
Institution of proceedings under Part V.
Notwithstanding any restriction imposed by any of the following regulations, a prosecution in respect of an offence under any regulation contained in this Part of these Regulations may be instituted by or on behalf of a Minister or by any authority or prison specified by an order of a Minister for the purposes of that regulation.
Part VI.—Miscellaneous.
General Provisions.
Derelict articles.
69.—(1.) Whenever any person finds an article as to which he has reasonable cause to believe that it has been lost or abandoned, and that, immediately before being lost or abandoned, it was used or intended to be used for the purpose of an armed force or was in the possession of a person who had it with him while serving with an armed force, the person so finding the article—
(a) shall forthwith report the nature and situation thereof, or, if the article is a document, cause it to be delivered, to some member of the Defence Force on duty in the neighbourhood or to the officer in charge of a police station in the neighbourhood; and
(b) except as provided in paragraph (a) of this sub-regulation, shall not remove or tamper with the article except with permission granted by a Minister or a person thereto authorized by a Minister:
Provided that a Minister may by order direct that the obligations and restrictions imposed by this regulation shall not apply in relation to any description of articles specified in the order or determined by the authority or person so specified.
(2.) In relation to the finding by a person of such an article outside Australia, sub-regulation (1.) of this regulation shall have effect as if, for the requirement contained in paragraph (a) of that sub-regulation, there were substituted a requirement that the person shall forthwith take such steps as are reasonably practicable to secure that the nature and situation of the article are reported, or, if the article is a document, that it is delivered as soon as may be to a Commonwealth officer.
Power to obtain information
70.—(1.) Without prejudice to any special provisions contained in those Regulations, any person shall, on being required by a Minister or a person thereto authorized by a Minister so to do, furnish or produce to that Minister or the person specified in the requirement any information or article in his possession as is so specified, being information or an article which the authority or person making the requirement considers it necessary or expedient in the interests of the public safety, the defence of the Commonwealth or the efficient prosecution of the war to obtain or examine.
(2.) Any person authorized in that behalf by a Minister shall at all times have full and free access to all buildings, places, books, documents and other papers for any of the purposes of these Regulations, and for that purpose may make extracts from or copies of any such books, documents and papers.
Affixing of notices.
Any constable, any Commonwealth officer, or any person thereto authorized by a local governing authority, may, for any purpose connected with the defence of the Commonwealth, the prosecution of the war, the securing of the public safety, or the maintenance of supplies and services essential to the life of the community, affix any notice to, or cause any notice to be displayed on, any premises, vehicle or vessel, and may, for the purpose of exercising any power conferred by the preceding provisions of this regulation, enter any premises at any time ; and where any constable or any such officer or person affixes a notice, or causes a notice to be displayed, in pursuance of this regulation, a person other than a constable or such an officer or person, as the case may be, shall not remove, alter, deface or obliterate the notice.
False statements,
If any person—
(a) in answer to any request made in pursuance of any of these Regulations, or any order made under any of these Regulations, makes any statement, or furnishes any information, which he knows or has reasonable cause to believe to be false in a material particular; or
(b) makes such a statement in any account, declaration, estimate, return or other document which he is required by an order under any of these Regulations to make,
he shall be guilty of an offence against these Regulations.
Obstruction.
A person shall not obstruct any poison in the service of the Crown, or member of a fire brigade acting in the course of his duty as such, or any person exercising any powers, or performing any duties, conferred or imposed on him by or under any of these Regulations or otherwise discharging any lawful functions in connexion with the defence of the Commonwealth or the securing of the public safety.
Restrictions on disclosing information.
A person who obtains any information in pursuance of these Regulations shall not, otherwise than in connexion with the execution of these Regulations or of an order, rule or by-law made under these Regulations, disclose that information except with permission granted by a Minister or a person thereto authorized by a Minister.
Administrative Provisions.
Licences, permits, &c.
75.—(1.) Any person claiming to be the holder of any permit, licence, certificate or written permission granted or issued for the purposes of any of these Regulations shall, on demand made in that behalf by any constable or by any Commonwealth officer, produce the permit, licence, certificate or permission, as the case may be, to the person making the demand.
(2.) If, with intent to deceive, any person alters or uses, or lends to, or allows to be used by any other person, a permit, licence, certificate or written permission granted or issued for the purposes of any of these Regulations, or makes or has in his possession any document so closely resembling such a permit, licence, certificate or permission as to be calculated to deceive, he shall be guilty of an offence against these Regulations.
(3.) Any licence, permit or permission granted for the purposes of any of these Regulations may be revoked, at any time by the authority or person empowered to grant it.
Fees for licenses, &c.
There may be charged in respect of the grant, renewal or issue of any licence, permit, certificate or other document for the purposes of any of these Regulations, or any order made under any of these Regulations, such fee, not exceeding Five pounds, as a Minister by order determines.
Billeting.
77.—(1.) The Minister may by order provide for the billeting or quartering of any persons as being either persons in the service of the King or the Commonwealth or persons who are in the service of a local governing authority and are engaged in the performance of essential services.
(2.) Any order under this regulation may provide for the provision of accommodation for and feeding of animals or accommodation for vehicles or stores in the possession or under the control of any person billeted or quartered.
(3.) Nothing in this regulation shall authorize the billeting of any male person in premises solely occupied by women or by women and children.
Power to enter and search premises.
78.—(1.) If a justice of the peace is satisfied by information on oath that there is reasonable ground for suspecting that a war offence has been or is being committed, and that evidence of the commission of the offence is to be found at any premises specified in the information, he may grant a search warrant authorizing any officer of police in charge of a police station, or any commissioned officer in the Defence Force, together with any other persons named in the warrant and any other constables or members of the Defence Force, to enter the premises at any time or times within one month from the date of the warrant, if necessary by force, and to search the premises and every person found therein, and to seize any article found in the premises or on any such person which the officer has reasonable ground for believing to be evidence of the commission of such an offence.
(2.) If, with respect to any premises, any officer of police in charge of a police station, or any person thereto authorized by a Minister, has reasonable ground for suspecting that a war offence has been or in being committed, and that evidence of the commission of the offence is to be found at those premises, and is satisfied—
(a) that it is essential in the interests of the Commonwealth that the premises should be searched for the purpose of obtaining that evidence; and
(b) that the evidence is not likely to be found at the premises unless they are searched forthwith,
the officer or person may, by a written order under his hand, confer the like powers of search in relation to the premises as might be conferred under sub-regulation (1.) of this regulation by the warrant of a justice.
(3.) No woman shall, in pursuance of a warrant issued under this regulation, be searched except by a woman.
Power to stop and search vehicles.
79.—(1.) The person driving, or in control of, any road vehicle in motion shall stop the vehicle on being required so to do by any constable in uniform or by any member of the Defence Force being in uniform and on duty.
(2.) If—
(a) with respect to any road, vehicle being on a public road or in a place to which the public have access ; or
(b) upon the overtaking of a road vehicle on any occasion on which the person driving, or in control of, the vehicle has been lawfully required to stop it but has failed to do so,
any constable or member of the Defence Force has reasonable ground for suspecting that there is to be found in the vehicle evidence of the commission of a war offence, he may search the vehicle and may seize any article found therein which he has reasonable ground for believing to be evidence of the commission of such an offence.
(3.) The powers conferred by this paragraph shall be in addition to, and not in derogation of, any of the powers conferred by regulation 78 of these Regulations.
(4.) In this regulation, the expression “road vehicle” means any vehicle designed or adapted for use on roads.
Power to arrest without warrant.
80.—(1.) Any person who is found committing a war offence or who is suspected of having committed, or of being about to commit, such an offence, may be arrested without warrant by any constable or Commonwealth officer acting in the course of his duty as such, or by any person thereto authorized by the Minister, in the same manner as a person who is found committing a breach of the peace may, at common law, be arrested by any constable or person.
(2.) If a person suspected of having committed, or of being about to commit, a war offence, is arrested under the provisions of this regulation, a report of the fact and circumstances shall forthwith be made to the Attorney-General or to a person appointed in that behalf by the Attorney-General, and—
(a) if no charge is laid against the suspected person within a reasonable time, he shall be released from detention ; or
(b) if a charge is laid against the suspected person, he shall be dealt with according to law.
(3.) No action shall lie against the Commonwealth, any Commonwealth officer, any constable or any other person acting in accordance with this regulation in respect of any arrest in pursuance of this regulation, but if the Governor-General is satisfied that any arrest was made without any reasonable cause, he may award reasonable compensation in respect thereof.
Identification of persons in custody.
81.—(1.) The Minister may make rules authorizing the taking, in relation to any person in custody whom the proper officer of police has reasonable grounds for suspecting to have committed a war offence, of all steps reasonably necessary for photographing, measuring and otherwise identifying that person in the manner as is prescribed by the rules.
(2.) In this regulation, the expression “the proper officer of police” means any officer of police in charge of a police station.
Offences and Legal Proceedings.
Acts done with intent to assist the enemy.
If, with intent to assist the enemy, any person does any act which is likely to assist the enemy or to prejudice the public safety, the defence of the Commonwealth or the efficient prosecution of the war, he shall, without prejudice to the law relating to treason, be guilty of an offence against the Act.
Legal proceedings.
83.—(1.) Without prejudice to any special provisions contained in these Regulations, no prosecution in respect of an offence against any of these Regulations shall be instituted otherwise than either by a constable or by, or with the consent of, the Attorney-General:
Provided that the preceding provisions of this sub-regulation shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of the offence, or the remanding, in custody or on bail, of any person charged with the offence, notwithstanding that the consent of the Attorney-General to the institution of a prosecution for the offence has not been obtained.
(2.) Any proceedings which may be taken against a person in respect of a war offence committed by him outside Australia may, notwithstanding anything to the contrary in the Crimes Act 1914-1937, be commenced at any time not later than six months from the date on which he first lands in Australia after he has committed the offence.
Disposal of articles in possession of executive authorities.
84.—(1.) Any article coming into the possession of an executive authority, whether in consequence of the seizure of the article under any of these Regulations or otherwise, which the authority has reasonable ground for believing to be evidence of the commission of a war offence, may be retained for a period of one month, or, if within that period there are commenced proceedings in respect of an offence in which the article is, or can properly be, adduced in evidence, or proceedings under the following provisions of this regulation in respect of the article, until the final determination of those proceedings; and any article retained in pursuance of this regulation is in this regulation referred to as “a retained article.”
(2.) Where proceedings are taken in respect of a war offence, being proceedings in which a retained article is, or can properly be, adduced in evidence, the court by or before which the alleged offender is tried may make an order—
(a) authorizing the destruction or disposal of the article; or
(b) authorizing the further retention of the article until a date specified in the order.
(3.) Any such order authorizing the destruction of a document may be made so as to extend to all copies of that document which at the time of the making of the order are in, or which subsequently come into, the possession of an executive authority.
(4.) Without prejudice to the operation of sub-regulations (2.) and (3.) of this regulation, a court of summary jurisdiction upon complaint made in respect of a retained article by an executive authority, may, after giving to the person (if any) claiming, or appearing to the court to be, the owner of the article an opportunity of being heard, make such an order in respect of the article as is authorized by those sub-regulations.
(5.) A court shall not make an order under this regulation unless it is satisfied that it is necessary so to do in the interests of the public safety, the defence of the Commonwealth or the efficient prosecution of the war.
(6.) Where an order is made under this regulation authorizing the further retention of an article, sub-regulation (1.) of this regulation shall, in relation to that article, have effect as if the period first mentioned in that sub-regulation were a period ending on the date until which the article is authorized by the order to be retained; and the making by a court of such an order in respect of any article shall not be taken to preclude that or any other court from subsequently exercising, in relation to that article, any jurisdiction conferred on the court by sub-regulation (2.) or sub-regulation (4.) of this regulation.
(7.) Where, in the course of any proceedings for an offence, an order is made under sub-regulation (2.) of this regulation, the court hearing any appeal in the matter of those proceedings may vary or annul the order.
(8.) Where an order is made under sub-regulation (3.) of this regulation, any person aggrieved by the order who appeared on the hearing of the application in relation to which, the order is made may appeal against the order to any court of competent jurisdiction, and for the purposes of this paragraph and of the enactments relating to the appeal, a refusal to make an order shall be deemed to be an order.
(9.) Where an order is made under this regulation authorizing the destruction or disposal of an article, the article shall not be destroyed or disposed of, as the case may be, until the final determination of the proceedings in which the order is made.
(10.) For the purposes of this regulation, any proceedings shall be deemed not to have been finally determined so long as there is pending any appeal in the matter of the proceedings, and an appeal in that matter shall he deemed to be pending during the ordinary time within which an appeal may be lodged, and if an appeal is duly lodged, the appeal shall be deemed to be pending until it is decided or withdrawn.
(11.) For the purposes of this regulation, any authority, constable or person whatsoever having functions in connexion with the execution of these Regulations shall be deemed to be an executive authority.
(12.) Nothing in this regulation shall be taken to prejudice any right to retain property which may exist in law apart from the provisions of this regulation.
Injury, &c., to witness.
A person shall not—
(a) threaten, intimidate or restrain;
(b) use any violence to or inflict any punishment on;
(c) cause or procure any violence, damage, loss or disadvantage to; or
(d) cause or procure any punishment of,
any person for or on account of his having appeared, or being about to appear, as a witness at the trial of a person for an offence against these Regulations, or for or on account of any evidence given by him at such a trial.
Supplementary Provisions.
Recovery of expenses.
Where any work is done in the exercise of powers conferred by any of these Regulations, then, if and so far as the work was work which, apart from the provisions, of these Regulations, some person was under a duty to do or might have been required to do, but which he had failed without reasonable excuse to do, the amount of any expenses reasonably incurred in connexion with the doing of the work shall be a debt due from that person to the Commonwealth and shall be recoverable in any court of competent jurisdiction.
Entrusting of functions to statutory corporations
A provision made in, or a direction or determination made or given in pursuance of, any of these Regulations or any order under these Regulations, and purporting to entrust to any person or class of persons any functions for the purposes of the regulation or of the order, shall not be taken to be invalid or of no effect by reason only that that person or class of persons is, or consists of or comprises, a body or bodies corporate incorporated by or under a law; and any body corporate to whom any functions are entrusted under or in pursuance of these Regulations shall have power to discharge those functions, notwithstanding any limitation or restriction which, apart from these Regulations, is imposed by any law or instrument determining the functions of that body.
Delegation by Minister.
88.—(1.) A Minister may, by writing under his hand, delegate any of his powers and functions under these Regulations in relation to any matters or class of matters, or to any particular State or Territory of the Commonwealth, or to any particular area, so that the delegated powers and functions may be exercised by the delegate with respect to the matters or class of matters, or the State, Territory or area defined in the instrument of delegation.
(2.) Every delegation by a Minister shall be revocable in writing at will, and no delegation shall prevent the exercise of any power by that Minister.
Service of notices.
Without prejudice to any special provisions contained in these Regulations, a notice to be served on any person for the purposes of any of these Regulations may be served by sending it by post in a letter addressed to that person at his last or usual place of abode or place of business.
Revocation and variation of orders, &c.
Any power conferred by any of these Regulations to make any order, rules or by-laws shall be construed as including a power, exercisable in the like manner and subject to the like conditions, if any, to revoke or vary the order, rules or by-laws.
Trial of offences.
91.—(1.) Any person who contravenes, or fails to comply with, any provision of these Regulations, or with any order, rule or by-law made in pursuance of any such provision, shall be guilty of an offence against these Regulations.
(2.) An offence against these Regulations may be prosecuted either summarily or upon indictment, but an offender shall not be liable to be punished more than once in respect of the same offence.
(3.) The punishment for an offence against these Regulations shall be—
(a) if the offence is prosecuted summarily—a fine not exceeding One hundred pounds or imprisonment for a term not exceeding six months, or both; or
(b) if the offence is prosecuted upon indictment—a fine of any amount or imprisonment for any term, or both.
(4.) For the purpose, of the trial of a person, summarily or upon indictment for an offence against these Regulations, the offence shall be deemed to have been committed either at the place in which it was actually committed or (subject to the Constitution) at any place in which, the person may be.
(5.) A court may order, in addition to any other punishment, the forfeiture of any money or goods in respect of which an offence against these Regulations has been committed.