Defence (National Security Passport) Regulations (Cth)

STATUTORY RULES.

1939. No. 75.

 

REGULATIONS RELATING TO PASSPORTS.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, in pursuance of the powers conferred by the Defence Act 1903-1939 and all other powers me thereunto enabling, hereby make the following Regulations.

Dated this twenty-fifth day of August, 1939.

GOWRIE

Governor-General.

By His Excellency’s Command,

PERCY C. SPENDER

for Minister of State for Defence.

 

Defence (National Security—Passport) Regulations.

Citation.

1. These Regulations may be cited as the Defence (National Security Passport) Regulations.

Definitions.

2.In these Regulations, unless the contrary intention appears—

“Australian passport” means a passport issued under the Passports Act 1938;

“authorized military authority” means, in relation to any power, act, duty or matter, a military authority thereto authorized by or on behalf of the Minister;

“Commonwealth officer” means any person holding office under the Commonwealth, and includes any person permanently or temporarily employed in the Public Service of the Commonwealth or in, or in connexion with the Naval, Military or Air Forces of the Commonwealth, or in the service of any authority or body constituted by or under any Act;

“constable” includes any member of the police force of the Commonwealth, of a State or of a Territory being part of the Commonwealth, and any Peace Officer appointed in pursuance of the Peace Officers Act 1925;

“officer” has the same meaning as in the Passports Act 1938;

“passport” includes a document of identity issued from official sources, whether within or outside Australia, and having the characteristics of a passport.

Person entering or leaving the Commonwealth to have passports bearing proper visé.

3.—(1.) Subject to these Regulations, a person who is, or appears to an officer to be, over the age of sixteen years, shall not, on coming by sea or air from a place outside Australia, land at any place in Australia or in any Territory of the Commonwealth unless he is in possession of a passport viséd or issued—

(a)if he comes from any part of His Majesty’s dominions, by a proper authority in that part; or

(b) if he comes from a foreign country, by a British Ambassador or Consul.

 

* Notified in the Commonwealth Gazette on 25th August, 1939.

3193—Price 3d.

(2.) Subject to these Regulations, a person who is, or appears to an officer to be, over the age of sixteen years, shall not, for the purpose of proceeding by sea or air to a destination outside Australia, embark in Australia or in any Territory of the Commonwealth unless—

(a) he is the holder of an Australian passport; or

(b) his passport has been vised or endorsed for that journey.

Passport, &c., valid for specified journey only.

4. A passport, vise or endorsement shall be valid only for the journey specified therein.

Passport, &c, not to be issued without prior approval.

5. A passport, visé or endorsement shall not be issued or made unless the prior approval of the Minister or of an authorized military authority has been obtained.

Power to detain passports.

6.—(1.) Any person, on coming by sea or air from a place outside Australia, shall, if required, give up his passport to an officer at any port of call or aerodrome.

(2.)A passport which is given up in accordance with this regulation may be detained by any person thereto authorized by or on behalf of the Minister of State for the Interior.

Passports, & c., may be cancelled.

7. Any passport, visé or endorsement may be cancelled by the Minister or an authorized military authority.

Lodgment of passports for visé or endorsement.

8. A passport, which by virtue of these Regulations is required to be vised or endorsed, shall be lodged with the Secretary, Department of the Interior, or with a collector of Customs or other principal officer of Customs doing duty at the time and place—

(a)in the case of an alien, not less than fourteen days before the date of his intended embarkation; or

(b) in the case of a British subject, not less than seven days before the date of his intended embarkation.

Exemptions.

9. The Minister or an authorized military authority may exempt any person or class of persons from all or any of these Regulations.

Persons to whom these Regulations do not apply.

10. These Regulations shall not apply to—

(a)a member of any Naval, Military or Air Forces of the King or of the Commonwealth who is in possession of an official authorization of his movement;

(b) a person in the service of the Commonwealth or of a State who is travelling on official duty to or from the Dominion of New Zealand or any Territory of the Commonwealth;

(c) a person entering or leaving the Commonwealth in custody of the law;

(d)a person ordered by the Government of the Commonwealth or of any State or Territory of the Commonwealth to leave the Commonwealth, provided he is in possession of documentary evidence to that effect; or

(e) a member of the crew of an overseas vessel or aircraft who lands as a result of wreck or sickness.

Evasion, obstruction and interference.

11. A person shall not—

(a) evade, or assist any other person to evade, any provision of these Regulations or of any order, rule or by-law made under these Regulations by making false statements or otherwise; or

(b)obstruct or interfere with any person acting in the course of his duty under these Regulations or any order, rule or by-law made under these Regulations.

Arrest.

12. Any person who acts in contravention of these Regulations or of any order, rule or by-law made under these Regulations, or who is reasonably suspected of having so acted or being about so to act, may be taken into custody without warrant by any constable or Commonwealth officer.

Onus of proof.

13. In any proceedings for any contravention or failure to comply with any provision of these Regulations, or of any order, rule or by-law made under these Regulations, the burden of proving an exemption shall be upon the person charged.

Evidence of signature, &c., of officers.

14. All Courts shall take judicial notice of—

(a) the signature of any person who is or has been an officer acting under or in pursuance of these Regulations; and

(b) the fact that such a person is or has been such an officer,

if the signature purports to be attached or appended to any document produced in evidence.

Orders, rules, and by-laws.

15. The Minister may make such orders, rules and by-laws as, in his opinion, are necessary or convenient for carrying out or giving effect to these Regulations.

Delegation by Minister.

16.—(1.) The Minister may, by writing under his hand, delegate any of his powers and functions under these Regulations in relation to any matters or class of matters, or to any particular State or Territory of the Commonwealth, or to any particular area, so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters, or the State, Territory or area defined in the instrument of delegation.

(2.) Every delegation by the Minister shall be revocable in writing at will, and no delegation shall prevent the exercise of any power by the Minister.

Trial of offences.

17.—(1.) Any person who contravenes, or fails to comply with, any provision of these Regulations, or with any order, rule or by-law made in pursuance of any such provision, shall be guilty of an offence against these Regulations.

(2.) An offence against these Regulations may be prosecuted either summarily or upon indictment, but an offender shall not be liable to be punished more than once in respect of the same offence.

(3) The punishment for an offence against these Regulations shall be—

(a) if the offence is prosecuted summarily—a fine not exceeding One hundred pounds or imprisonment for a term not exceeding six months, or both; or

(b) if the offence is prosecuted upon indictment—a fine of any amount or imprisonment for any term, or both.

(4.) For the purpose of the trial of a person summarily or upon indictment for an offence against these Regulations, the offence shall be deemed to have been committed either at the place in which it was actually committed or (subject to the Constitution) at any place in which the person may be.

(5.) A court may order, in addition to any other punishment, the forfeiture of any money or goods in respect of which an offence against these Regulations has been committed.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.