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SR 1918 No. 85 Regulations as made
These Regulations amend the War Precautions (Supplementary) Regulations 1916 (Provisional).
Gazetted 28 Mar 1918
Date of repeal 02 Dec 1920
Repealed by Repeal of the enabling legislation by War Precautions Act Repeal Act 1920

STATUTORY RULES.

1918. No. 85.

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REGULATION UNDER THE WAR PRECAUTIONS ACT 1914-1916.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the War Precautions Act 1914-1916, to come into operation forthwith.

Dated this twenty-sixth day of March, 1918.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

W. M. HUGHES,

for Minister of State for Defence.

_________

Amendment of War Precautions (Supplementary) Regulations.

(Statutory Rules 1916, No. 97, as amended by Statutory Rules 1916, Nos. 112, 122, 128, 129, 135, 167, 218, 219, 250, 253, 254, 255, 263, 271, 272, 289, 293, 298, 300, 301, 303, 328, and Statutory Rules 1917, Nos. 12, 17, 37, 56, 65, 73, 94, 182, 196, 211, 222, 243, 254, 281, and 282, and Statutory Rules 1918, Nos. 56 and 77.)

After regulation 38 of the War Precautions (Supplementary) Regulations the following regulation is inserted:—

Enforcement of recognizances.

“39 (1) For the purpose of this regulation—

“Recognizance” means a recognizance, entered into pursuant to section 8 of the Act;

“Obligor” means a person who has been required to enter, and has entered, into a recognizance.

“(2) If any obligor is convicted of an offence against the Act, and the offence of which he is convicted amounts to a failure to comply with the provisions of the Regulations or Order mentioned in the recognizance, the Court before which he is convicted shall, on the application of the prosecutor and on production of the recognizance—

(a) declare the recognizance entreated; and

(b) order the persons who have entered into the recognizance to pay to the Commonwealth the amount named in the recognizance.

“(3) Wherever a Competent Naval or Military Authority is of opinion that an obligor under a recognizance which has not been entreated has failed to comply with the provisions of the Regulations or Order mentioned in the recognizance he may lay a complaint before a Justice of the Peace alleging such failure.

“(4) Every such complaint shall be in writing, signed by the complainant and shall set forth the particulars of the recognizance and of the alleged failure.

C.4855.—Price 3d.


“(5) The Justice of the Peace may thereupon summon the obligor or any surety joined in the recognizance or both the obligor and the surety to appear before a Court of Summary Jurisdiction at a date, time, and place named in the summons, and show cause why the recognizance should not be entreated for such failure.

“(6) A summons under this regulation may, at the option of the complainant, be made returnable before—

(a) the Court which required the recognizance to be entered into; or

(b) a Court having jurisdiction at the place where the obligor may be; or

(c) a Court having jurisdiction at the place where the alleged failure took place.

“(7) Service and proof of service of a summons issued under this regulation shall be subject to the same rules as service and proof of service of a summons issued to a defendant and returnable before the Court in its ordinary jurisdiction.

“(8) If upon the return of the summons—

(a) the person summoned appears; or

(b) the person summoned fails to appear, and it is proved that the summons was duly served,

the Court may hear and determine the complaint.

“(9) The jurisdiction of a Court of Summary Jurisdiction under this regulation shall not be exercised except by a Stipendiary or Police or Special Magistrate, or some Magistrate of the State who is especially authorized by the Governor-General to exercise such jurisdiction.

“(10) Whenever on the return of a summons issued under this regulation the recognizance referred to in the complaint is produced by the complainant the Court shall unless the person proves that the recognizance was not entered into by him or that the obligor did in fact comply with the provisions of the Regulations or Order mentioned in the recognizance—

(a) declare the recognizance entreated; and

(b) order the person summoned to pay to the Commonwealth the amount named in the recognizance;

and may order the person to pay to the Commonwealth the legal costs of the complainant.

(11) Every order made by a Court under this regulation for the payment of money to the Commonwealth may be enforced by distress of the goods and chattels of the person ordered to pay the money, and may also be enforced in all respects in the same manner and to the same extent as an order made by the Court for a sum of money adjudged to be paid is enforceable under the laws of the State.

“(12) An appeal shall lie from an order made upon a complaint under this regulation in all cases in which an appeal would lie from an order made by the Court in its ordinary jurisdiction for the payment of a similar sum of money.

“(13) This regulation applies to all recognizances entered into pursuant to section 8 of the Act whether or not the amount named therein exceeds the amount which may be sued for in the Court in its ordinary jurisdiction.”

 

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