WAR PRECAUTIONS (No. 2).

No. 39 of 1915.

An Act to amend the War Precautions Act 1914-1915.

[Assented to 13th September, 1915.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the War Precautions Act (No. 2) 1915.

(2.) The War Precautions Act 1914, as amended by the War Precautions Act 1915, is in this Act referred to as the Principal Act.

(3.) Sub-section (3.) of section one of the War Precautions Act 1915 is repealed.

(4.) The Principal Act, as amended by this Act, may be cited as the War Precautions Act 1914-1915.

Amendment of s. 4.

2. Section four of the Principal Act is amended—

(a) by omitting from sub-section (1.) thereof the words “The Governor-General may make regulations for securing the public safety and the defence of the Commonwealth, and in particular with a view—”, and inserting in their stead the words “The Governor-General may make regulations —

(i.) for securing the public safety and the defence of the Commonwealth, and

(ii.) for conferring such powers and imposing such duties as he thinks fit, for securing the public safety and the defence of the Commonwealth, upon the Minister and upon the Naval Board and the Military Board, and the members of the naval and military forces of the Commonwealth, and other persons,

and in particular with a view—”;

(b) by inserting in sub-section (1.) thereof, after paragraph (d), the following paragraph:—

“(da) to confer on the Minister power, by warrant under his hand, to detain any person in military custody for such time as he thinks fit, if he is satisfied that such detention is desirable for securing the public safety and the defence of the Commonwealth; or”: and

(c) by omitting from sub-section (1.) thereof the words “and for conferring such powers and imposing such duties as he thinks fit, with reference thereto, upon the Naval Board and the Military Board, and the members of the naval and military forces of the Commonwealth, and other persons.”

Amendment of s. 6.

3. Section six of the Principal Act is amended by inserting therein, after sub-section (3.), the following sub-section:—

“(3a.) An offence against this Act shall not be prosecuted summarily without the written consent of the Attorney-General or the Minister for Defence, or a person authorized in writing by the Attorney-General or the Minister for Defence, and an offence against this Act shall not be prosecuted upon indictment except in the name of the Attorney-General.”

Validation of existing regulations.

4. All regulations made prior to the commencement of this Act, purporting to be regulations under the Principal Act, shall be deemed, as from the date of the making thereof, to have been of equal validity as if they had been enacted in the Principal Act.