Migration Regulations (Amendment)

Legislation au C1964L00158 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1964. No. 158.

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REGULATIONS UNDER THE MIGRATION ACT 1958-1964.*

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 Migration Act 1958-1964.

Dated this eighteenth day of December, 1964.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

Hubert Opperman

Minister of State for Immigration.

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Amendments of the Migration Regulations.†

Commencement.

1. These Regulations shall come into operation on the first day of January, 1965.

Interpretation.

2. Regulation 3 of the Migration Regulations is amended by inserting in sub-regulation (1.), after the definition of “Commissioner”, the following definitions:—

“‘overseas passenger’ means—

(a) in relation to a vessel arriving at a port in Australia in the course of, or at the conclusion of, an overseas voyage or an overseas flight—a passenger on board the vessel—

(i) who was on board the vessel when it left a place outside Australia at the commencement of, or during the course of, the voyage or flight; and

(ii) whose journey in the vessel ends in Australia; or

(b) in relation to a vessel leaving a port in Australia and bound for or calling at a place outside Australia—a passenger on board the vessel—

(i) who joined the vessel at a port in Australia; and

(ii) who intends to journey in the vessel to or beyond that place outside Australia;

‘overseas voyage’ or ‘overseas flight’, in relation to a vessel, means a voyage or flight that commenced at, or during which the vessel called at, a place outside Australia;

* Notified in the Commonwealth Gazette on 21 December, 1964.

† Statutory Rules 1959, No. 35, as amended by Statutory Rules 1959, No. 89.

14807/64.—Price 9d. 9/30.11.1964

‘passenger card’ means a card approved by the Minister for the purpose of facilitating the furnishing by a person of information relating to the person or to another person, being information required for purposes relating to immigration or emigration;”.

3. Regulations 4 and 5 of the Migration Regulations are repealed and the following regulations inserted in their stead:—

Passenger may be required to furnish passenger card.

“4.—(1.) Where an overseas passenger arrives at a port in Australia on board a vessel that has arrived at that port in the course of, or at the conclusion of, an overseas voyage or an overseas flight, an officer may require the passenger—

(a) to complete a passenger card relating to the passenger, or to another overseas passenger in the passenger’s charge, in accordance with the directions on the passenger card;

(b) to sign the passenger card; and

“(2.) An officer may require an overseas passenger on board a vessel leaving a port in Australia and bound for, or calling at, a place outside Australia—

(a) to complete a passenger card relating to the passenger, or to another overseas passenger in the passenger’s charge, in accordance with the directions on the passenger card;

(b) to sign the passenger card; and

“(3.) A person on whom a requirement is made by an officer under this regulation and to whom a passenger card has been supplied shall—

(a) forthwith comply with the requirement; and

(b) if so requested by an officer, state whether or not the signature on the passenger card is the signature of the person.

“(4.) A person shall not furnish to an officer a passenger card containing information relating to a person that is false or misleading in a material particular.

“(5.) The last preceding sub-regulation does not apply in relation to a passenger card the furnishing of which constitutes an offence under paragraph (d) of sub-section (1.) of section thirty-one of the Act.

Master to furnish information regarding passengers.

“5.—(1.) Where—

(a) a vessel arriving at a port in Australia in the course of, or at the conclusion of, an overseas voyage or an overseas flight carries overseas passengers; and

(b) the master of the vessel has not been required under this sub-regulation to furnish a list of passengers in respect of the voyage or flight,

the master shall, on the request of an officer, furnish to the officer a list of all the overseas passengers on board setting out, to the best of the master’s knowledge and belief, in respect of each passenger—

(d) the intended address in Australia of the passenger;

(e) the place in Australia at which the passenger’s journey in the vessel ends; and

(f) whether the passenger is a British subject.

“(2.) Where a list of passengers on a vessel is furnished under the last preceding sub-regulation, the medical officer of the vessel or, if there is no medical officer of the vessel, the master of the vessel shall furnish with the list a certificate signed by him—

(a) certifying that, in his opinion, none of the passengers on the list, with the exception of the passengers, if any, whose names are set out in the certificate, is suffering from a prescribed disability, defect or disease; and

(b) where passengers are named in the certificate as being excepted from the certificate—setting out opposite to the name of each of the passengers so excepted the nature of the disability, defect or disease from which the passenger is, in the opinion of the medical officer or the master, suffering,

together with a number of copies of the certificate equal to the number of copies of the list required to be furnished under sub-regulation (7.) of this regulation.

“(3.) Each of the following disabilities, defects or diseases is a prescribed disability, defect or disease, as the case may be, for the purposes of the last preceding sub-regulation:—

(a) mental illness;

(b) deaf mutism;

(d) infirmity from any cause;

(e) any mental or physical defect that is of a serious nature; and

(f) any disease that is of a serious nature or is infectious or contagious.

“(4.) Where a vessel arriving at a port in Australia in the course of, or at the conclusion of, an overseas voyage or an overseas flight carries overseas passengers whose journey in the vessel ends at that port, the master of the vessel shall, on the request of an officer, furnish to the officer a list of those passengers setting out, to the best of the master’s knowledge and belief, in respect of each passenger, such of the following particulars as the officer specifies:—

(a) the name of the passenger;

(b) the intended address in Australia of the passenger; and

“(5.) Where—

(a) a vessel arriving at a port in Australia in the course of an overseas voyage or an overseas flight carries passengers—

(i) who were o n board the vessel when it left a place outside Australia at the commencement of, or during the course of, the voyage or flight; and

(ii) who intend to journey in the vessel beyond Australia; and

(b) the master of the vessel has not been required under this sub-regulation to furnish a list of passengers in respect of the voyage or flight,

the master shall, on the request of an officer, furnish to the officer a list of all the passengers referred to in paragraph (a) of this sub-regulation setting out, to the best of the master’s knowledge and belief, in respect of each passenger—

(d) the nationality of the passenger; and

(e) the number, and place of issue, of the passport held by the passenger.

“(6.) Where overseas passengers on board a vessel leaving a port in Australia and bound for, or calling at, a place outside Australia have Joined the vessel at that port, the master of the vessel shall, on the request of an officer, furnish to the officer a list of those passengers setting out, to the best of the master’s knowledge and belief, in respect of each passenger—

(a) the name of the passenger; and

(b) the place where the passenger’s journey in the vessel ends.

“(7.) An officer who requests the master of a vessel to furnish a list referred to in any of the preceding sub-regulations may, when making the request, require that a specified number (not exceeding six) of copies of the list be furnished with the list, and, if the officer so requires, the master shall furnish the specified number of copies accordingly.

“(8.) This regulation does not apply in relation to a vessel of the regular armed forces of a Government recognized by the Commonwealth.”.

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1964, No. 158, made under the Migration Act 1958-1964, were introduced to address the need for more streamlined and comprehensive procedures in the administration of immigration and emigration. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, these regulations came into effect on January 1, 1965. They aim to ensure that the processes for managing passenger information and health declarations are more rigorous and efficiently handled. Specifically, the regulations mandate that overseas passengers must complete and submit passenger cards containing accurate information, and require ship masters to provide detailed passenger lists and health certificates. This legislative instrument seeks to enhance the enforcement capabilities of immigration officers by establishing clear protocols for information collection and verification.

Scope and Application

These Regulations under the Migration Act 1958-1964 apply to overseas passengers arriving at or departing from ports in Australia, specifically those who were on board a vessel when it left a place outside Australia or who joined the vessel at a port in Australia and intend to travel beyond Australia. This includes both vessels arriving in Australia at the conclusion of an overseas voyage or flight and vessels departing from Australia to places outside Australia. The Act applies to the geographic scope of Australia, including its ports, and is enforced by officers who can request passengers to complete and furnish a passenger card. Additionally, the master of the vessel is required to provide a list of passengers along with relevant information such as names, intended addresses, nationalities, and passport details, as well as a certificate concerning any prescribed disabilities or diseases of the passengers. Notably, these obligations do not apply to vessels of the regular armed forces of a Government recognised by the Commonwealth. The Regulations come into operation on the first day of January, 1965.

Key Provisions

The key provisions of the Migration Regulations 1964 under the Migration Act 1958-1964 introduce new requirements for overseas passengers arriving in or departing from Australia. Section 2 defines several terms including "overseas passenger", "overseas voyage", and "passenger card". Regulation 4 mandates that officers may require overseas passengers arriving in Australia or departing from it to complete and sign a passenger card and furnish it to the officer (Regulation 4(1)-(2)). Regulation 5 stipulates that the master of a vessel must furnish a list of all overseas passengers on board to an officer, detailing personal information and health status, if requested (Regulation 5(1)-(2)). These regulations aim to ensure that immigration officers have accurate and up-to-date information about passengers entering or leaving Australia. The obligations imposed by these regulations include the requirement for overseas passengers to complete and submit a passenger card to an immigration officer upon arrival in or departure from Australia. The card must be filled out accurately and signed by the passenger (Regulation 4(1)-(2)). Additionally, the master of a vessel must provide detailed information about the passengers on board, including their names, intended addresses in Australia, and whether they are British subjects, if they are arriving in Australia or if they are departing from it (Regulation 5(1)-(2)). In the case of passengers continuing their journey beyond Australia, the master must also provide their nationality and passport details (Regulation 5(5)). Failure to comply with these regulations can result in various consequences. Regulation 4(4) explicitly states that a person must not furnish a passenger card containing false or misleading information. Any contravention of this provision is considered an offence under the Migration Act. The maximum penalty for providing false information on a passenger card is not explicitly stated in the regulations but is likely subject to the general penalties outlined in the Migration Act, which can include fines and imprisonment. Furthermore, the master of a vessel who fails to provide the required information about passengers may face penalties as stipulated under the Act.

Area of Law: Immigration & Refugee Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Regulatory Standards; Enforcement Powers

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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.

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