Defence (National Security - Passport) Regulations

Legislation au C1939L00075 Regulations Not in force Legislative Instrument

Legislation content

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.

Overview

The Defence (National Security Passport) Regulations 1939 were enacted to address the need for stringent control over the issuance and use of passports for national security purposes, particularly in the context of the impending global conflict. These regulations were made under the authority of the Defence Act 1903-1939, with the enactment body being the Governor-General in Council. The primary policy objective of these regulations is to ensure that the issuance of passports and the travel of individuals are subject to strict oversight, enabling the government to manage and monitor the flow of people in and out of Australia effectively during a time of national and international crisis. The regulations mandate that passports and visas must be properly endorsed by authorised officials, and they provide for the detention, cancellation, and strict control of passports to prevent misuse and ensure compliance with national security directives.

Scope and Application

The Defence (National Security Passport) Regulations of 1939 apply to individuals and entities involved in passport issuance and travel to and from Australia, ensuring adherence to national security requirements. These Regulations mandate that individuals over the age of sixteen must possess a valid passport or have it endorsed by appropriate authorities when entering or leaving Australia. They also stipulate that passports must be valid only for specified journeys and require prior approval from the Minister or an authorized military authority before issuance. The Regulations empower authorities to detain passports and cancel them if necessary. Certain individuals, such as those in military service with official authorization or those travelling on official duty, are exempt from these Regulations. The Minister retains the authority to exempt additional persons or classes of persons and to create orders, rules, and by-laws necessary for the Regulations' enforcement. The jurisdictional reach of these Regulations is national, applying across the Commonwealth of Australia and its territories. The Act allows for prosecution of offenders either summarily or upon indictment, with penalties including fines and imprisonment.

Key Provisions

The Defence (National Security Passport) Regulations, made under the Defence Act 1903-1939, establish a framework governing passport requirements for persons entering or leaving Australia. Section 3 mandates that individuals over the age of sixteen must possess a passport with the appropriate visa or endorsement when arriving in Australia by sea or air from a place outside Australia. Conversely, Section 3 also requires that individuals leaving Australia by sea or air must hold an Australian passport or have their passport endorsed for the journey. Section 4 stipulates that passports, visas, and endorsements are valid only for the specific journey outlined in the document. Additionally, Section 5 dictates that no passport, visa, or endorsement shall be issued without the prior approval of the Minister or an authorized military authority. These Regulations impose specific obligations on individuals and authorities. Section 6 requires individuals arriving in Australia by sea or air to surrender their passports to an officer, who may then detain the passport. Section 7 grants the Minister or an authorized military authority the power to cancel any passport, visa, or endorsement. Section 8 outlines the process for lodging passports for visa or endorsement, requiring aliens to submit their passports at least fourteen days before intended embarkation, while British subjects must submit theirs at least seven days before. Furthermore, Section 9 allows the Minister or an authorized military authority to exempt individuals or classes of individuals from the Regulations, while Section 10 specifies categories of individuals who are exempt from the Regulations. Section 11 prohibits individuals from evading the Regulations, assisting others to evade them, obstructing or interfering with officials executing the Regulations. Section 12 empowers constables or Commonwealth officers to arrest individuals suspected of contravening the Regulations without a warrant. The onus of proof for exemptions is placed on the accused, as stated in Section 13. Section 14 mandates that courts take judicial notice of the signatures of officers acting under the Regulations and the fact that they are or have been such officers. Section 15 allows the Minister to create orders, rules, and by-laws necessary for implementing the Regulations, and Section 16 permits the Minister to delegate powers and functions under the Regulations, with the power to revoke these delegations. Offences against the Regulations are outlined in Section 17. Contravening the Regulations or failing to comply with any orders, rules, or by-laws made under the Regulations constitutes an offence. Prosecution can be either summarily or upon indictment, with penalties including fines up to One hundred pounds or imprisonment for up to six months for summary offences, and fines of any amount or imprisonment for any term for indictable offences. Courts may also order the forfeiture of money or goods related to the offence.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.