55 THE CIVIL DEFENCE ACTS, 1939 to 1942 Civil Defence Act of 1939, 3 Geo. 6 No. 3S Amended by Civil Defence Act Amendment Act of 1941, 5 Geo. 6 No. 21 Civil Defence Acts Amendment Act of 1942, 6 Goo. 6 No. 27 An Act to Provide for the Constitution of Civil Defence Organisations, the respective Functions and Duties of such Organisations, and Matters Incidental to or consequent upon the constitution of such Organisations, and for other purposes [Assented to 6 December 1939] 1. Short title. This Act may be cited as "The Civil Defence Act of 1939." Collective title conferred by Act of 1942, 6 Geo. 6 No. 27, s. 1. Long title as amended by Act of 1942, 6 Geo. 6 No. 27, s. 2 (1). The short titles of the Acts of 1939 and 1941 were amended by Act of 1942, 6 Geo. 6 No. 27, s. 2 (2). 2. Meanings of terms. In this Act the following terms shall, unless the context otherwise indicates or requires, have the meanings respectively assigned to them, that is to say:- "Air raid"-includes an enemy attack of any kind whatsoever; "Air raid warden"-a person holding a subsisting appointment by the Commissioner as an air raid warden; "Building warden"-an air raid warden who is detailed for duty in or upon any building or other place or in or upon railway premises; "Commissioner"-The Commissioner of Police appointed under "The Police Act of 1937" or any Act amending or in substitution for that Act: the term includes any person for the time being discharging the duties of such office; "District"-A police district as constituted for the time being under "The Police Act of 1937," or any Act amending or in substitution for that Act; "Division"-The area assigned to a particular police station; "Fire warden"-an air raid warden who is specially detailed to carry out fire prevention duties; "Minister"-The Secretary for Health and Home Affairs or other Minister of the Crown for the time being charged with the administration of this Act; "Period of an air raid"-the period from and including the time when the air raid warning signal is sounded to and including two hours after the time when the raiders passed signal is sounded;
56 WAR LEGISLA non Vol. 20 "Place"-Includes any house, building, structure, aircraft, ship, barge, boat, vehicle, car, station, wharf, shed, and any land or premises whatsoever and wheresoever situated, excepting a place which is at any material time owned, occupied, or being used by His Majesty's Naval, Military, or Air Forces; "Prescribed"-Prescribed by this Act; "Public pjacc"-a public piace as dclincd in "The Vagrants, Gaming and Other Olfences Acts, 1931 to 1938"; "Road"-Any street, road, or highway dedicated to the public, and includes any bridge or culvert in or upon any s'.lch street, road, or highway, and any bridge used for vehicular traffic, and any laneway or alleyway open to and used by the public whether or not dedicated to public use; "This Act"-This Act and all Orders in Council and regulations made or purporting to be made thereunder; "Writing"-The term includes any means by which words are reproduced in a visible form. Provided that anyone or more of these definitions may from time to time be modified by Order in Councilor by regulations made under this Act. As amended by Act of 1942, 6 Geo. 6 No. 27, s. 3. Acts referred to: Police Act 1937-1971, title POLICE, Vol. 13, p. 575. Vagrants, Gaming, and Other Offences Act 1931-1971, title VAGRANTS, Vol. 19, p. 683. 2A. Constitution of civil defence organisations and the enrolment, training, and instruction of the personnel thereof. ( 1) The Governor in Council may constitute such civil defence organisations as he shall think necessary for securing the civil defence of this State or any part of this State in the event of an emergency arising through air raid. The Governor in Council may appoint a person to be the officer in charge of any civil defence organisation constituted by him and such officer in charge shall, subject to the Minister, administer such organisation. (2) The Governor in Council may, when constituting any civil defence organisation, establish branches, sections, or parts thereof. (3) Subject to the Minister, the officer in charge of any civil defence organisation may, and it is hereby declared always was authorised to, appoint the members of such organisation (including the members of every branch, section or part thereof). Every such officer in charge shall cause every such member so appointed by him to be enrolled and, if the manner of enrolment is prescribed by the regulations, cause such enrolment as so prescribed. Where any such officer in charge has (whether before, on, or after the passing of "The Civil Defence Acts Amendment Aet of 1942") caused any such enrolment as aforesaid the member in question shall be deemed to have been appointed by such officer in charge and his name shall remain upon such roll while his appointment subsists. ( 4) The regulations may prescribe and, in so far as the regulations do not prescribe, the officer in charge of a civil defence organisation may, subject to the Minister, prescribe such course of training and instruction
CIVIL DEFENCE ACTS, 1939 TO 1942 ss.2-3 57 for the personnel of such organisation or of any branch, section, or part thereof as is considered necessary for the efficient discharge of the functions of the organisation or, as the case may be, the branch, section, or part thereof concerned. (5) The Governor in Council may from time to time cause the Minister to publish in the Gazette a list of all organisations constituted under this section and no body or association of persons (corporate or unincorporate) shall be or be deemed to be an organisation so constituted unless its name is included in the latest list so published: Provided that upon the constitution of any new civil defence organisation at any time after the publication in the Gazette of any such list the Governor in Council may cause the Minister to publish in the Gazette a notice of the constitution of such new organisation and thereupon such organisation shall be deemed to be included in the list last published under this subsection before the date of publication of such notice. ( 6) No provision of this section shall prejudice any power or authority relating to air raid wardens conferred upon the Commissioner by this Act. Inserted by Act of 1941, 5 Geo. 6 No. 21, s. 2; as amended by Act of 1942, 6 Geo. 6 No. 27, s. 4. Act referred to: Civil Defence Acts Amendment Act of 1942, not reprinted. For constitution of Queensland Civil Defence OrganisatioT!, see Gazette 25 March 1967, p. 1119. 3. Appointment and powers of air raid wardens. ( 1) The Commissioner may, and it is hereby declared that the Commissioner always was authorised to, appoint air raid wardens. The Commissioner shall cause every air raid warden appointed by him to be enrolled and, if the manner of enrolment is prescribed by the regulations cause such enrolment as so prescribed. Where the Commissioner has (whether before, on, or after the passing of "The Civil Defence Acts Amendment Act of 1942") caused any person to be enrolled as an air raid warden, such person shall be deemed to have been appointed as an air raid warden by the Commissioner and his name shall remain upon such roll while his appointment subsists. (2) Every air raid warden shall have and exercise all such powers, authorities, and duties and be subject to such obligations and responsibilities as may be conferred or imposed upon him by this Act or any other Act or law. (3) When an air raid warning signal is sounded in any city, town, or place, every air raid warden therein shall report for duty forthwith as follows:- (i) In the case of every air raid warden (other than a fire warden) who is at his residence when such signal is sounded, at the air raid wardens post to which he is attached; or (ii) If he is at his place of employment when such signal is sounded, and is a building warden or a fire warden for such place, at such place of employment; or
58 WAR LEGISLATION Vol. 20 (iii) If he is at his place of employment when such signal is sounded and is neither a building warden nor a fire warden for such place, at the air raid wardens post nearest to his place of employment; or (iv) In the case of every warden other than a fire warden, who is at neither his residence nor his place of employment when such signal is sounded, at the air raid wardens post nearest to which he then is; or (v) In the case of a fire warden who is not at the place for which he is a fire warden when such signal is sounded- (a) If, according to the roster of fire wardens for such place, such signal is sounded at a time when he is required for duty thereat in the event of an air raid, at such place; or (b) If, when such signal is sounded, he is at his place of residence and is not then required to report for duty in accordance with subparagraph (a) of this paragraph, at the air raid wardens post to which he is attached; or (c) If, when such signal is sounded, he is not at his place of residence and is not then required to report for duty in accordance with subparagraph (a) of this paragraph, at the air raid wardens post nearest to which he then is: Provided that notwithstanding the foregoing provisions of this subsection the Commissioner, in the case of the City of Brisbane or the officer of police for the time being in charge of any district or division situated outside the City of Brisbane may instruct any air raid warden or group of air raid wardens to report for duty at a particular air raid wardens post upon the sounding of an air raid warning signal, and every air raid warden who is so instructed or who is a member of such group so instructed shall, when an air raid warning signal is sounded, report for duty forthwith in accordance with such instruction: Provided further that any provision of this subsection may from time to time be modified by Order in Councilor by regulation made under this Act. Substituted by Act of 1942, 6 Geo. 6 No. 27, s. 5. Act referred to: Civil Defence Acts Amendment Act of 1942, not reprinted. 4. Further powers of air raid wardens. During the period of an air raid or during any other period during which an air raid warden (having been detailed for duty by a person having authority in that behalf) is carrying out his duties as an air raid warden, an air raid warden shall have and may exercise all such powers, authorities, duties, and protection as are lawfully conferred and imposed upon constables of police: Provided that Parts IV and V of "The Police Act of 1937" shall not apply to or with respect to any air raid warden. As amended by Act of 1941, 5 Geo. 6 No. 21, s. 4; Act of 1942, 6 Geo. 6 No. 27, s. 6. Act referred to: Police Act 1937-1971, title POLICE, Vol. 13, p. 575.
CIVIL DEFENCE ACTS, 1939 TO 1942 55.3-4A 59 4A. Air raid warning signals, etc. (1) Where the Commissioner, in the case of the City of Brisbane, or the officer of police for the time being in charge of a district or division situated outside the City of Brisbane has knowledge or information that an air raid is imminent or where the nature of the knowledge or information had by the Commissioner or any such officer of police is such that he deems it necessary so to do in order to secure the safety of the public, the Commissioner or, as the case may be, such officer of police, shall sound or cause to be sounded an air raid warning signal. (2) (a) Such air raid warning signal shall be sounded by the operation of sirens (mechanical or manual) or of other suitable apparatm provided in addition to or substitution for sirens. (b) Such sirens or apparatus shall be operated to give for a period of three minutes either fluctuating or wailing blasts (that is to say blasts continually rising and falling in pitch) or intermittent blasts (that is blasts with silent intervals between the blasts). (3) (a) When danger of or from air raid has passed the Commissioner, in the case of the City of Brisbane, or the officer of police for the time being in charge in the case of any district or division situated outside the City of Brisbane shall sound or cause to be sounded a signal (called the "raiders passed" signal). (b) Such raiders passed signal shall be sounded by the operation of the aforesaid sirens or other suitable apparatus and such sirens or apparatus shall be operated continually for a period of two minutes at a constant pitch. ( 4) In the event of sirens or other apparatus capable of being operated to give signals as hereinbefore prescribed in this section not being available or of such sirens or other apparatus being inoperable when required for the purpose of giving any such signal, any such signal may be sounded in such manner and by means of such apparatus as the Commissioner, in the case of the City of Brisbane, or the officer of police for the time being in charge in the case of any district or division outside the City of Brisbane, directs. (5) No person other than the Commissioner, in the case of the City of Brisbane, or the officer of police for the time being in charge in the case of any district or division situated outside the City of Brisbane, or a person thereunto authorised by the Commissioner or such officer of police shall sound or cause to be sounded any such signal as aforesaid. ( 6) Where any person owns or has in his possession any siren (mechanical or manual) or any other suitable apparatus, such person shall, when thereunto directed by the Commissioner or any such officer of police for the time being in charge of any district or division, or by any person authorised by the Commissioner or any such officer, sound the air raid warning signal or the raiders passed signal as prescribed by this section or as directed by the Commissioner or such officer in accordance with this section. (7) Any person who offends against any provision of subsection five or subsection six of this section shall be liable to a penalty of not more than two hundred dollars or to imprisonment for not more than six months.
60 WAR LEGISLATION Vol. 20 (8) Any provision of this section may be modified from time to time by Order in Councilor by regulation made under this Act. Inserted by Act of 1942, 6 Geo. 6 No. 27, s. 7. Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965. 5. Workers' Compensation Acts applied. ( 1) Every member of any civil defence organisation constituted by the Governor in Councilor of any branch, section, or part of any such organisation (including every air raid warden) shall be deemed to be a worker within the meanipg of "The Workers' Compensation Acts, 1916 to 1941," or any Act amending ()f in substitution for such Acts, and as such worker shall be deemed to be an employee of the Crown- (i) During any period while he is undergoing any prescribed training or instruction in his duties as such member; and (ii) While engaged in his duties as such member during the period of an air raid or during any other period during which he (having been detailed for duty by a persop having authority in that behalf) is carrying out his duty as such member. (2) Where, in accordance with the "National Security (Civil Defence Workers' Compensation) Regulations" of the Commonwealth or any regulations or other law of the CommomveaIth amending or substituted for such regulations the Commonwealth has provided for the payment of compensation in respect of the death or incapacity of any member of any civil defence organisation constituted by the Govemor in Councilor of any branch section or part of any such organisation (including any air raid warden) subsection one of this section shall not apply to or in respect of such member and neither such member nor his dependants shall be entitled to compensation under "The Workers' Compensation Acts, 1916 to 1941" in respect of his death or incapacity. Substituted by Act of 1941, 5 Geo. 6 No. 21, s. 5; as amended by Ad of 1942, 6 Geo. 6 No. 27, s. 8. Act referred to: Workers' Compensation Acts. 1916 to 1966. title LABOUR. Vol. 8. p. 757. Compare s. 7. 6. Entry by air raid warden. (1) For the purpose of the exercise by him of any of his powers, authorities, and duties, an air raid warden may enter into or upon any place. Such power of entry shall authorise an air raid warden if necessary to use force for making such entry whether by breaking open doors or otherwise. (2) Any person who prevents or attempts to prevent any air raid warden from entering into or upon any place pursuant to the powers conferred upon such air raid warden in that behalf by this section shall be guilty of an offence and liable to a penalty of not more than one hundred dollars. An air raid warden may arrest without warrant any person so offending and detain him or cause him to be detained until he can be brought before a court of competent jurisdiction and dealt with according to law. Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.
CIVIL DEFENCE ACTS, 1939 TO 1942 SS.4A-8A 61 7. When member of Police Force deemed to be air raid warden. During the period of an air raid on any district or division, or part of a district or division, every member of the Police Force shall, without any appointment whatsoever, be and be deemed to be an air raid warden, and all of the provisions of this Act except section five hereof, shall apply and extend accordingly. S. Certificate by Commissioner as evidence. (1) A certificate in writing under the hand of the Commissioner certifying- (a) That any person is or is not an air raid warden; (b) [Repealed.] shall be evidence of the fact or facts so certified to and, in the absence of evidence in rebuttal beyond reasonable doubt, shall be conclusive evidence of such fact or facts. (2) Every court, judge, justice, and person acting judicially shall take judicial notice of the signature of the Commissioner to any certificate mentioned in subsection one of this section. As amended by Act of 1942, 6 Geo. 6 No. 27, s. 9. SA. Unlawful associations. (1) No body or association of persons (corporate or unincorporate) other than a civil defence organisation or a branch, section, or part of a civil defence organisation constituted by the Governor in Council shall adopt or use (and either alone or in connection with any other word, words, letter or letters) as its name or as the name of any department, section, or other part of it- (i) The words "civil defence" or the words "air raid precautions" or the letters "A.R.P."; or (ii) Any words which are a contraction of the words "civil defence" or the words "air raid precautions"; or (iii) Any word, words, letter or letters representing or implying or likely to represent or imply that such body or association or any department, section, or other part of it has any lawful power, authority, function, jurisdiction, duty, obligation, or responsibility in relation to the civil defence of this State or any part of this State. (2) No body or association of persons (corporate or unincorporate) other than a civil defence organisation or a branch, section, or part of a civil defence organisation constituted by the Governor in Council shall represent or imply in any manner whatsoever that it or any department, section, or other part of it has any power, authority, function, jurisdiction, duty, obligation, or responsibility in relation to the civil defence of this State or any part of this State. (3) Any body corporate which contravenes any provision of this section shall be guilty of an offence and liable to a penalty of not more than four hundred dollars. (4) Any person who is a member of any body or association of persons (corporate or unincorporate) which contravenes any provision of this section shall be guilty of an offence and liable- (i) (If such person was a member of the managing body of, or held any office under, such body or association at the time when the contravention occurred) to a penalty of not more than two hundred dollars; or
62 WAR LEGISLATION Vol. 20 (ii) (In any other case) to a penalty of not more than forty dollars. Inserted by Act of 1941, 5 Geo. 6 No. 21, s. 6. Decimal currency references substituted pursuant to section 7 of Decimal Currency Act of 1965. 8B. Penalty for unlawful use of civil defence insignia of office or unlawfully pretending to be civil defence officer. (1) No person other than a member of a civil defence organisation or of a branch, section, or part of a civil defence organisation constituted by the Governor in Council shall- (a) Wear any, or any colourable imitation of any, arm-band, badge, or other insignia of office authorised to be worn by a member of such organisation or of such branch, section, or part of such organisation, as the case may be; or (b) Wear any arm-band, badge, or other insignia of office representing or implying or likely to represent or imply that he is a member of such organisation or of such branch, section, or part of such organisation, as the case may be; or (c) Represent or imply in any manner whatsoever that any arm-band, badge, or other insignia of office lawfully authorises him or any other person to exercise any power, authority, function, or jurisdiction or lawfully charges him or any other person with any duty, obligation, or responsibility in relation to the civil defence of this State or any part of this State; ( d) Represent or imply in any manner whatsoever that he is a member of such organisation or of such branch, section, or part of such organisation or that he has any power, authority, function, jurisdiction, duty, obligation, or responsibility in relation to the civil defence of this State or any part of this State. (2) Any person who contravenes any provision of this section shall be guilty of an offence and liable, subject as hereinafter provided, to a penalty of not more than forty dollars: Provided that any person committing such contravention- (a) For the purpose of enabling or with intent to enable his entry or the entry of any other person into or upon any place; or (b) For the purpose of obtaining or with intent to obtain any money or goods from any other person, shall be liable to a penalty of not more than two hundred dollars or to imprisonment for not more than six months. Inserted by Act of 1941, 5 Geo. 6 No. 21, s. 7. Decimal currency references substituted pursuant to section 7 of Decimal Currency Act of 1965. 9. Recovery of penalties. All penalties imposed by this Act may be recovered in a summary way under "The Justices Acts, 1886 to 1932." Act referred to: Justices Acts, 1886 to 1968, title JUSTICES, Vol. 8, p. 105.
CIVIL DEFENCE ACTS, 1939 TO 1942 ss. SA-tO 63 10. Power to make regulations. (1) The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act, and, where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. Without limiting the generality of this section, regulations may be made for or in respect of all of the following matters, namely:- (i) Prescribing, controlling, and regulating the powers, duties, conduct, authorities, obligations, and/or responsibilities of the personnel of any civil defence organisation, including air raid wardens, and the discipline of every such organisation; and either generally or during any prescribed period or for any prescribed purposes, including during or for the purpose of training and instruction; (ii) Prescribing, controlling and regulating the duties, conduct, responsibilities, obligations, and/or liabilities of the public or of any members or class of members of the public (including members or classes of members of the public owning, occupying, or in charge or control or apparently in charge or control of any place or vehicle or class of places or vehicles) prescribed in relation to civil defence and either generally or during any prescribed period or in respect of any civil defence organisation, including air raid wardens; (iii) Ensuring that every Local Authority, Hospitals Board or Committee (being the governing authority of any hospital to which Part IV of "The Hospitals Act of 1936" applies), Ambulance Transport Brigade, Fire Brigade Board, Electric Authority, or other corporation, board, or person controlling or operating any public service or public utility will carry out or cause or permit to be carried out, either generally or during any prescribed period or for any prescribed purposes, all such duties, obligations, and/or responsibilities in relation to civil defence as are prescribed and/or as may devolve upon him or it or upon his or its organisation, service, or utility or any part thereof, or upon the personnel or any members of the personnel thereof by reason of the constitution of such organisation, service or utility or part thereof as a civil defence organisation or of the inclusion of such organisation, service or utility or part thereof in any civil defence organisation constituted under this Act or of the enrolment of such personnel or any members thereof in any such civil defence organisation. (iv) Controlling and regulating the use, both during the period of an air raid and at other times, by the public of air raid shelters in or upon any street, road, park, or other land under the control of a local authority (including Brisbane City Council) or constructed in, or upon private property in the area of a local authority (including Brisbane City Council) for the purposes of affording protection for the
64 WAR LEGISLATION Vol. 20 public, prohibiting members of the public from entering or being in such shelters except during an air raid, and for preventing contamination of, or damage to or improper conduct in, any such air raid shelter, and defining such improper conduct; (v) Establishing, controlling, and regulating air raid wardens posts and posts connected with other civil defence organisations and the use of such posts, and protecting such posts and all air raid shelters provided in connection with such posts (including any such post or air raid shelter in or upon private property) and all equipment in or upon any such post or shelter, and all other property belonging to or in the possession or control of any civil defence organisation from damage by theft or otherwise; (vi) All matters required or permitted by this Act to be prescribed in so far as such matters are not required to be otherwise prescribed. (vii) Penalties for breaches of the regulations but not exceeding in any case one hundred dollars. ( 1 A) Any regulation may prescribe that the provisions thereof or of any other regulation or regulations shall have operation and effect- ( i) During the period of an air raid or during such other period as may be prescribed therein; and/or (ii) Within such districts, divisions, or parts of districts or di visions as are specified therein. The power to control and regulate shall include power to prohibit. Moreover different regulations may be made in respect of different civil defence organisations. ( 1 B) Ratification of regulations. All regulations purporting to have been made under the provisions of this Act in force prior to the passing of "The Civil Defence Acts Amendment Act of 1942," which if made after the passing of such lastmentioned Act would be valid and lawful are hereby ratified and (subject to the power of the Governor in Council to repeal or modify any such regulation) every such regulation shall be, and it is hereby declared always was, valid and lawful. (2) Regulations to form part of this Act. All regulations made or purporting to have been made under this Act shall be published in the Gazette, and thereupon shall be of the same effect as if they were enacted in this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. (3) All such regulations shall be laid before Parliament within fourteen days after such publication if Parliament is in session; and if not, then within fourteen days after the commencement of the next session. If Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the power to make any further or other regulation.
CIVIL DEFENCE ACTS, 1939 TO 1942 s.10 65 For the purposes of this section "sitting days" means days UP0!l which Parliament actually sits for the despatch of business. As amended by Act of 1942, 6 Geo. 6 No. 27, s. 10. Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965. Acts referred to: Hospitals Act 1936-1971, title HOSPITALS, Vol. 7, p. 391. Civil Defence Acts Amendment Act of 1942, not reprinted. 3