War Precautions Act Repeal Act 1920
Act No. 54 of 1920 as amended
This compilation was prepared on 20 March 2001
taking into account amendments up to Act No. 164 of 1989
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
ComLaw Authoritative Act C2004C00266
ComLaw Authoritative Act C2004C00266
War Precautions Act Repeal Act 1920 iii
Contents 1 Short title [see Note 1].......................................................................1
2 Repeal of War Precautions Act..........................................................1
Amendments of Crimes Act 1914–1915 1
11 ...........................................................................................................1
12 ...........................................................................................................1
13 Continuance of Crimes Act 1915 .......................................................4
Loans 4
Miscellaneous 4
22 Regulations........................................................................................4
Notes 5
ComLaw Authoritative Act C2004C00266
ComLaw Authoritative Act C2004C00266
War Precautions Act Repeal Act 1920 1
An Act to repeal the War Precautions Act 1914–
1918 and to provide for certain matters arising out
of such repeal, and for other purposes
1 Short title [see Note 1]
This Act may be cited as the War Precautions Act Repeal Act
1920.
2 Repeal of War Precautions Act
The War Precautions Act 1914–1918 is hereby repealed.
Amendments of Crimes Act 1914–1915
11
After section seven of the Crimes Act 1914–1915 the following
section is inserted:
7A Inciting or urging to the commission of an offence
(1) If any person:
(a) incites to, urges, aids or encourages; or
(b) prints or publishes any writing which incites to, urges, aids or
encourages;
the commission of offences against any law of the Commonwealth
or the carrying on of any operations for or by the commission of
such offences, he shall be guilty of an offence.
Penalty: One hundred pounds or imprisonment for twelve months,
or both.
12
After section twenty-four of the Crimes Act 1914–1915 the
following sections are inserted:
ComLaw Authoritative Act C2004C00266
Section 12
2 War Precautions Act Repeal Act 1920
24A Definition of seditious intention
(1) Subject to subsection (2) of this section an intention to effect any
of the following purposes, that is to say:
(a) to bring the Sovereign into hatred or contempt;
(b) to excite disaffection against the Sovereign or the
Government or Constitution of the United Kingdom or
against either House of the Parliament of the United
Kingdom;
(c) to excite disaffection against the Government or Constitution
of any of the King’s Dominions;
(d) to excite disaffection against the Government or Constitution
of the Commonwealth or against either House of the
Parliament of the Commonwealth;
(e) to excite disaffection against the connexion of the King’s
Dominions under the Crown;
(f) to excite His Majesty’s subjects to attempt to procure the
alteration, otherwise than by lawful means, of any matter in
the Commonwealth established by law of the
Commonwealth; or
(g) to promote feelings of ill-will and hostility between different
classes of His Majesty’s subjects so as to endanger the peace,
order or good government of the Commonwealth;
is a seditious intention.
(2) It shall be lawful for any person:
(a) to endeavour in good faith to show that the Sovereign has
been mistaken in any of his counsels;
(b) to point out in good faith errors or defects in the Government
or Constitution of the United Kingdom or of any of the
King’s Dominions or of the Commonwealth as by law
established, or in legislation, or in the administration of
justice, with a view to the reformation of such errors or
defects;
(c) to excite in good faith His Majesty’s subjects to attempt to
procure by lawful means the alteration of any matter in the
Commonwealth as by law established; or
(d) to point out in good faith in order to their removal any
matters which are producing or have a tendency to produce
feelings of ill-will and hostility between different classes of
His Majesty’s subjects.
ComLaw Authoritative Act C2004C00266
Section 12
War Precautions Act Repeal Act 1920 3
24B Definition of seditious enterprise
(1) A seditious enterprise is an enterprise undertaken in order to carry
out a seditious intention.
(2) Seditious words are words expressive of a seditious intention.
24C Offences
Any person who:
(a) engages in or agrees or undertakes to engage in, a seditious
enterprise;
(b) conspires with any person to carry out a seditious enterprise;
(c) counsels, advises or attempts to procure the carrying out of a
seditious enterprise;
shall be guilty of an indictable offence.
Penalty: Imprisonment for three years.
24D Seditious words
(1) Any person who writes, prints, utters or publishes any seditious
words shall be guilty of an indictable offence.
Penalty: Imprisonment for three years.
(2) A person cannot be convicted of any of the offences defined in this
or the preceding section upon the uncorroborated testimony of one
witness.
24E Punishment of offences
(1) An offence under either of the last two preceding sections shall be
punishable either on indictment or summarily, but shall not be
prosecuted summarily without the consent of the Attorney-General.
(2) If any person who is prosecuted summarily in respect of an offence
against either of the last two preceding sections, elects,
immediately after pleading, to be tried upon indictment, the Court
or Magistrate shall not proceed to summarily convict that person
but may commit him for trial.
(3) The penalty for an offence under either of the last two preceding
sections shall, where the offence is prosecuted upon indictment, be
ComLaw Authoritative Act C2004C00266
Section 13
4 War Precautions Act Repeal Act 1920
imprisonment for any period not exceeding three years, and, where
the offence is prosecuted summarily, shall be imprisonment for a
period not exceeding twelve months or a fine not exceeding One
hundred pounds or both.
13 Continuance of Crimes Act 1915
Section one of the Crimes Act 1915 is amended by omitting
subsection (3) thereof, and that Act shall continue in force as if that
subsection had not been enacted.
Loans
Miscellaneous
22 Regulations
(1) The Governor-General may make regulations, not inconsistent with
this Act, prescribing matters providing for and in relation to:
(e) prohibiting or regulating the use of the word “Anzac” or any
word resembling the word “Anzac”; and
(g) penalties not exceeding a fine of $1,000 for breaches of
regulations made under this section.
(2) The penalty, upon conviction, for a breach of subregulation 2(1) of
the Protection of Word “Anzac” Regulations involving the
assumption or use of the word “Anzac” or any word resembling the
word “Anzac” in connection with any trade, business, calling or
profession or in connection with any entertainment or any lottery
or art union or as the name or part of the name of a private
residence, boat, vehicle, charitable or other institution, or any
building in connection therewith, is imprisonment for a period not
exceeding 12 months.
(3) The penalty, upon conviction, for a breach of subregulation 3(1) of
the Protection of Word “Anzac” Regulations involving the use of
the word “Anzac”, or any word resembling the word “Anzac” as
the name or part of the name of a street, road or park is
imprisonment for a period not exceeding 12 months.
ComLaw Authoritative Act C2004C00266
Notes to the War Precautions Act Repeal Act 1920
Table of Acts
War Precautions Act Repeal Act 1920 5
Notes to the War Precautions Act Repeal Act 1920
Note 1
The War Precautions Act Repeal Act 1920 as shown in this compilation
comprises Act No. 54, 1920 amended as indicated in the Tables below.
Table of Acts
Act Number and year
Date of Assent
Date of commencement
Application, saving or transitional provisions
War Precautions Act Repeal Act 1920
54, 1920 2 Dec 1920 2 Dec 1920
War Precautions Act Repeal Act 1921
36, 1921 22 Dec 1921 22 Dec 1921 —
War Precautions Act Repeal Act 1922
39, 1922 18 Oct 1922 18 Oct 1922 —
War Precautions Act Repeal Act 1923
34, 1923 1 Sept 1923 1 Sept 1923 —
War Precautions Act Repeal Act 1928
23, 1928 22 June 1928 22 June 1928 —
Statute Law Revision Act 1934
45, 1934 6 Aug 1934 6 Aug 1934 —
Crimes Act 1955 10, 1955 31 May 1955 31 May 1955 —
Migration Act 1958 62, 1958 8 Oct 1958 Parts I, II and IV: 1 June 1959 (see Gazette 1959, p. 1831) Part III: 10 Nov 1958 (see Gazette 1958, p. 3857)
S. 4(4) and (5)
Statute Law Revision (Decimal Currency) Act 1966
93, 1966 29 Oct 1966 1 Dec 1966 —
Statute Law Revision Act 1973
216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9(1) and 10
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985
65, 1985 5 June 1985 S. 3: 3 July 1985 —
Social Security and Veterans’ Affairs Legislation Amendment Act (No. 4) 1989
164, 1989 19 Dec 1989 S. 134: Royal Assent (a)
—
ComLaw Authoritative Act C2004C00266
Notes to the War Precautions Act Repeal Act 1920
Act Notes
6 War Precautions Act Repeal Act 1920
(a) The War Precautions Act Repeal Act 1920 was amended by section 134 only of the Social Security and Veterans’ Affairs Legislation Amendment Act (No. 4) 1989, section 2 of which provides as follows:
2 Each provision of this Act commences, or is to be taken to have commenced, as the case requires, on the day, or at the time, shown by the note in italics at the foot of that provision.
Section 134 commenced on 19 December 1989.
ComLaw Authoritative Act C2004C00266
Notes to the War Precautions Act Repeal Act 1920
Table of Amendments
War Precautions Act Repeal Act 1920 7
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Headings to ss. 3–6..............................................rep No. 45, 1934
Ss. 3–6.................................................................rep No. 45, 1934
Heading to s. 7 .....................................................rep No. 45, 1934
S. 7 ......................................................................am No 36, 1921; No. 39, 1922; No. 34, 1923 rep. No. 45, 1934
S. 8 ......................................................................rep No. 23, 1928
Heading to s. 9 .....................................................rep No. 62, 1958
S. 9 ......................................................................rep No. 62, 1958
Heading to s. 10 ...................................................rep No. 45, 1934
S. 10 ....................................................................rep No. 45, 1934
Ss. 14–17.............................................................rep No. 45, 1934
Heading to s. 18 ...................................................rep No. 10, 1955
S. 18 ....................................................................rep No. 10, 1955
Heading to s. 19 ...................................................rep No. 45, 1934
S. 19 ....................................................................rep No. 36, 1921
Ss. 20, 21.............................................................rep No. 10, 1955
S. 22 ....................................................................am No 93, 1966; No. 216, 1973; No. 65, 1985; No. 164, 1989
The Schedule .......................................................rep No. 62, 1958
ComLaw Authoritative Act C2004C00266