STATUTORY RULES.
1916. No. 206.
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REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914–1916.
War Precautions (Passports) Regulations 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 Regulations under the War Precautions Act 1914–1916, to come into operation forthwith.
Such Regulations shall supersede the Provisional Regulations contained in Statutory Rules 1916, No. 126.
Dated this thirtieth day of August, 1916.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
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War Precautions (Passports) Regulations 1916.
Short title.
1. These Regulations may be cited as the War Precautious (Passports) Regulations 1916.
Interpretation.
2. In these Regulations—
“Passport” means a passport issued or renewed not more than two years previously by, or on behalf of, the Government of the country of which the person to whom it relates is a subject or citizen, and which is still in force, or some other document satisfactorily establishing the nationality and identity of the person to whom it relates, to which passport or document there is attached a photograph of the person to whom it relates.
“Competent naval or military authority” has the same meaning as in the War Precautions Regulations 1915.
Persons entering Commonwealth to have Passports.
3. After the first day of September, 1916, no person whose age exceeds or appears to an officer to exceed fifteen years shall land at any place in the Commonwealth from any place beyond the Commonwealth unless he is in possession of a passport which, in the case of a person coming from a foreign country, has been issued or viséed by the British Ambassador or a British Consul in that country, and in the case of a person coming from another part of the British Dominions has been issued or viséed by the proper authorities in that part of the Dominions.
C.11609.—Price 3d.
Persons leaving Commonwealth to have passports.
4. After the first day of August, 1916, no person whose age exceeds or appears to an officer to exceed fifteen years shall embark at any place in the Commonwealth for any place beyond the Commonwealth unless he is in possession of a passport.
Exemption.
5. (1) Regulations 3 and 4 of these Regulations shall not apply to—
(i) Any member of the Naval or Military Forces of any part of the British Dominions entering or leaving the Commonwealth on duty;
(ii) any member of the crew of any vessel who has signed on in any country outside the Commonwealth and who leaves the Commonwealth in continuation of the same voyage in the same vessel, or any member of the crew of any vessel who signs on in Australia for an oversea voyage who satisfies a competent naval or military authority that he is by occupation a seafaring man;
(iii) any person visiting New Zealand, if he is in possession of a permit to visit New Zealand issued by or under the authority of the…
Overview
The War Precautions (Passports) Regulations 1916 were enacted to address the need for stricter control over passport requirements during a period of heightened security concerns. This legislative instrument was introduced under the War Precautions Act 1914–1916 by the Governor-General in Council, with the aim of enhancing the safety and security of Australia during wartime. These regulations superseded the Provisional Regulations and established stringent requirements for individuals entering or leaving the Commonwealth, with exemptions for certain categories of people such as military personnel and bona fide residents. The overarching policy objective was to prevent unauthorised individuals from entering or leaving the country, thereby maintaining national security during the war.
Scope and Application
The War Precautions (Passports) Regulations 1916 apply to all persons entering or leaving the Commonwealth of Australia who are over the age of fifteen. These Regulations were established under the War Precautions Act 1914–1916 and aim to control the movement of individuals in and out of Australia during a period of war. The Regulations require that all individuals over fifteen years of age must possess a passport when entering or leaving the Commonwealth, except for those exempted under the Regulations. Exemptions include members of the Naval or Military Forces of any part of the British Dominions, members of the crew of vessels, individuals travelling to or from New Zealand under specific conditions, individuals employed by the Administration of Papua or Norfolk Island, bona fide residents or tourists travelling to or from Papua or Norfolk Islands, and individuals holding a certificate exempting them from the dictation test under the Immigration Act 1901–1912. Additionally, the Minister for Defence or authorised officers may grant further exemptions subject to conditions. The Regulations also provide for the detention of passports, penalties for making false statements, and the detention of individuals suspected of contravening the Regulations. The Regulations have a national reach and supersede previous provisional regulations, with specific repeals of certain provisions from earlier regulations.
Key Provisions
- The War Precautions (Passports) Regulations 1916 (Regulations) outline specific requirements for passports and travel documentation for individuals entering and leaving the Commonwealth. Section 3 mandates that after 1 September 1916, no person over the age of fifteen can land in the Commonwealth from abroad without a passport that has been issued or viséed by a British Ambassador or Consul, or the appropriate authorities in the British Dominions. Section 4 similarly stipulates that no one over the age of fifteen can leave the Commonwealth for a location abroad without a passport. These sections establish the primary conditions under which passports are required for travel.
- The Regulations impose various obligations on individuals to ensure compliance with passport requirements. For instance, Section 3 and Section 4 apply to all persons over the age of fifteen entering or leaving the Commonwealth, but Section 5 provides specific exemptions. These include members of the Naval or Military Forces on duty, bona fide crew members continuing their voyage, and individuals with certain permits or certificates. Furthermore, Section 6 grants officers of the Naval or Military Forces, Customs, and police, as well as authorized individuals, the authority to seize passports from travellers. This authority underscores the stringent measures in place to enforce compliance with passport regulations.
- Failure to comply with the Regulations can result in various civil and criminal penalties. Section 7 outlines that attempting, aiding, or abetting a contravention of the Regulations is an offence. Additionally, knowingly harbouring someone who has contravened the Regulations constitutes an offence. Section 8 penalizes any person who obstructs or interferes with officers performing their duties under the Regulations. Section 9 imposes a duty on individuals to report any knowledge of others contravening the Regulations to a competent naval or military authority, with failure to report deemed a contravention of the Regulations. Section 10 allows for the arrest without a warrant of individuals suspected of contravening the Regulations. Furthermore, Section 11 penalizes the making of false or misleading statements for the purpose of obtaining a passport or in documents supporting such an application. These provisions collectively outline the potential consequences for non-compliance with passport regulations.
- Area of Law
- National Security Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Reporting & Disclosure Obligations
- Offence Provisions
