Act 1925 by Superintendent Jason Byrnes, AFP Operations Coordination Centre
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he Body Snatchers – Peace Oicers and the Peace Oicers Act 1925 By Superintendent Jason Byrnes, AFP Operations Coordination Centre Few episodes in the history of and decorated former soldierb to whom interstate trade and transport. Feeling federal policing in Australia are as socialism (and its links to Bolshevism)c threatened by what it regarded as a controversial as the circumstances posed a threat to national security. serious bolshevist threat, the Bruce surrounding the passing of the Peace Indeed, the protection of national security Government acted with “ardent fervour”h Oicers Act 1925. was one of Bruce’s three key priorities by deregistering the union. In 1925 d the Government also amended the he Peace Oicers legislation was created as Prime Minister, the other two being Immigration Act to enable the deportation in haste during an intense political crisis modernising the nation’s economy of foreign-born people who threatened when the NSW Government hindered the and improving Commonwealth / State e the peace, order or good governance of Commonwealth Government’s attempts relations. the Commonwealth. his action targeted to deport radical trade unionists. Due he political and ideological struggles Sydney-based Walsh and Johnson, as to the rushed nature of the legislation of post-war Australia were never more both had been born overseas.i he two however, the Commonwealth found present and intense than at the nation’s were ordered before a specially convened that after the political crisis had ports. he debate over balancing Deportation Tribunal. he Commonwealth passed its newly recruited ‘Peace employees’ and employers’ rights, was initially thwarted by NSW Labor Oicers’ were without a clearly deined couched within the paradigm of the mandate or function. his article looks Premier Jack Lang, who refused to allow left/right ideological debate, had created j at the circumstances surrounding the his police to be involved in what he seemingly intractable conlict between introduction of the Peace Oicers Act thought to be “one of the most iniquitous the union movement, ship owners and the 1925 and how it formed a statutory basis measures ever passed in any country, Government. for the Commonwealth’s involvement in and I will irmly refuse to permit state law enforcement for almost 35 years. he Seamen’s Union of Australia initiated instrumentalities to be abused for the and responded to a series of provocations purpose of deporting political or industrial he circumstances leading to the passing in respect of employment conditions and leaders.”k of the Act were driven by the ideological the outsourcing of jobs to foreign workers. conlicts that then dominated Australian Lang’s stance meant that the Bruce Leading the union’s eforts were well- politics. he country had emerged from Government had a national security law it known activists Tom Walsh and Jacob World War I as a nation deeply divided could not enforce. Under intense media Johnson. Walsh had a long history of on a range of social and economic and public scrutiny the Prime Minister had activism and in 1920 he had been (along issues. he Australian Labor Party for to take action against the men he believed f example had been crippled by a split in with his activist wife Adela Pankhurst ) to be extremists.l he Peace Oicers 1916 over the issue of conscription; the a founding member of the Australian Bill 1925 was rushed into the Federal g remaining Labor parliamentarians owed Communist Party. Both men were thorns Parliament in Melbourne within hours of their positions to an increasingly radical in the side of the Government. NSW Premier Lang writing that he would union movement that was pushing for the To Prime Minister Bruce and his Cabinet, not help the Commonwealth. socialisation of the entire economy.a the maritime strikes challenged the very he three page Peace Oicers Billm On the opposite side of Parliament and ability of the nation to function. he enabled the appointment of ‘Peace occupying the Government benches was 1920s was an era before highways Oicers’ who would have “all such a broad coalition of liberals, conservatives and commercial lights. Australia was powers, privileges and immunities and be and former moderate Labor men, led by totally dependent on shipping for all liable to all such duties and responsibilities Prime Minister Stanley Bruce. international trade and passenger as are conferred or imposed upon ... any Mr Bruce was a wealthy businessman movements and for the majority of Constable ... by or under any law of the 28 Platypus Magazine | Edition 99, July 2008 All photos courtesy of AFP Museum AFP of courtesy photos All Commonwealth ... (or) common law ...”.n Bill, will very soon pass away, together exclusively on protecting the nation he Bill enabled the Attorney-General with the Government responsible for it”. against strikes and ‘foreign agitators’. to appoint as many Peace Oicers (and Tasmanian Labor member David O’Keefe Despite the Government’s strong law- Special Peace Oicers) as he saw it, with even argued that potential Peace Oicer and-order election campaign, it did not the oicers required to swear allegiance recruits lacked “manliness”, and future again seek to deport the two unionists. to the King and to conduct their duties Labor Prime Minister James Scullin Consequently the 19 men who then “without favour or afection, malice or laconically commented that “one would constituted the Commonwealth’s “Peace ill-will”. he impersonation of a Peace think from the inspired articles in the Force”q found themselves without a Oicer was made a criminal ofence, as press, that a civil war was pending ...”. clearly deined role. Neither the Act nor was resigning from the organisation with Frank Brennan, member for the Victorian the Government (when arguing for the less than three months notice.o seat of Batman, infused his vehement legislation) had been clear as to the role Parliament debated the Bill over the criticism with a sardonic twist: “We are of Peace Oicers beyond process serving weekend of 28 and 29 August 1925. considering the passing of new legislation in the deportation dispute. It had been Prime Minister Bruce argued that the Bill to enable body-snatching to proceed argued that the oicers would have was not about the two unionists per-se, as a regular Commonwealth business a “unique” but vague function. Such rather it was about the breakdown in ... No doubt some men will become assertions were attacked by Labor as Commonwealth and State relations members of this new police force, not as being a cover for union smashing. So the - a situation that should give all Federal investigators, but as peace oicers clad in Government put the Peace Oicers to Parliamentarians “deep cause for thought”. white raiment, with wands in their hands work investigating breaches of federal tax Bruce also insisted that irrespective of the and halos around their heads, crying and electoral laws, examining applications argument over the merits of deporting ‘blessed be peace!’” for old-age pensions, and undertaking Walsh and Johnson, Premier Lang’s process serving for the Solicitor-General.r he legislation was ultimately passed refusal to provide police was a failure to along party lines and the Peace Oicers Beyond the short-term politics of the adhere to the Constitution’s “fundamental Act received Royal assent on situation, the real signiicance of the principle” that States should enforce 2 September 1925. Within hours, hastily Act was that it gave an unprecedented Commonwealth laws when required. recruited Peace Oicers located the statutory basis for the policing of his argument did not wash with the activists Johnson and Walsh and brought Commonwealth crime.s One person opposition, which was enraged by them before the tribunal. he tribunal who fully understood this was Major what it regarded as a repressive move ordered deportation and the two men Harold Edward Jones, the Director of the against the union movement. Labor were remanded in custody at Sydney’s Commonwealth’s Investigation Branch (an Member for Kalgoorlie, Albert Green MP, Garden Island naval base pending appeal. internal security unit that had been quietly lamented that the new body would be a In December 1925 however, the full formed within the Attorney-General’s “wonderfully patriotic service ... designed bench of the High Court ruled in favour Department in 1919). While the Branch’s for the smashing of trade unionism”. of the unionists, and they were then free primary focus was the monitoring Other parliamentarians used parody to to remain in the country.p he Prime of politically subversive elements, underline their concerns. Deputy Labor Minister’s disappointment at the decision it also conducted sensitive criminal Leader Arthur Blakeley attacked the “panic would have been cushioned by the fact investigations even though its members legislation”, dryly opining “I have no doubt that a month earlier, his Government had no formal police powers. his lack of that the Gilbertian police force that will be had been re-elected with an increased power was addressed soon after Jones constituted by the more-or-less Gilbertian majority after campaigning almost was given the added responsibility of Platypus Magazine | Edition 99, July 2008 29 Superintending Peace Oicer on 13 April 1926. he swearing in of Branch investigators as ‘specials’ would prove very useful in subsequent years. Although he had initially been given authority to substantially increase the number of peace oicers, Major Jones rationalised the Peace Force itself. Some men were relocated from Sydney to other states to join Investigations Branch members, one sailed to Norfolk Island to replace a NSW Police oicer and one retired. In September 1927, the majority of the remaining members, ten Peace Oicers in total, were relocated Above: Peace Oicers Jon O’Neil, Ron Charity and Ivor Williams, being sworn in as to Canberra and reassigned to form the Commonwealth Police Oicers when the Commonwealth Police was established in 1960.