STATUTORY RULES.
1941. No. 28.
REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1940.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the National Security Act 1939-1940.
Dated this twelfth day of February, 1941.
GOWRIE
Governor-General.
By His Excellency’s Command,
A. FADDEN
Acting Minister of Stale for Defence Co-ordination.
Amendment of the national Security (Passport) Regulations. †
Regulation 3 of the National Security (Passport) Regulations is amended by adding at the end thereof the following sub-regulation:—
“(3.) Any person arriving in the Commonwealth or any Territory of the Commonwealth from any country outside the United Kingdom who holds a passport issued under the authority of the Government of the United Kingdom which has not been re-validated by the addition of a visé granted by a British Ambassador or Consul or other proper authority in the country of embarkation for the journey to the Commonwealth or that Territory may be detained or required to report at such times and places as may be directed by an officer.”
* Notified in the Commonwealth Gazette on 12th February, 1941.
† Statutory Rules 1939, No. 89, as amended by Statutory Rules 1910, No. 158.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
826.—Price 3d.
Overview
The Statutory Rules 1941, No. 28, represents a regulation made under the National Security Act 1939-1940. This regulation was enacted to address the security concerns arising from individuals arriving in Australia or its territories from countries outside the United Kingdom who held passports issued by the UK Government without the necessary re-validation. The problem this regulation aimed to resolve was ensuring that passports issued by the UK Government were appropriately verified by British diplomatic authorities in the country of embarkation before travel to Australia, thereby maintaining tighter controls on immigration and ensuring the safety of the Commonwealth during a period of heightened global conflict. The regulation was issued by the Governor-General in Council, with the advice of the Acting Minister for Defence Co-ordination, and was designed to bolster national security measures during a time of war.
This legislative instrument was created to provide an additional layer of scrutiny for passport holders from the United Kingdom travelling to Australia, mandating that such passports be viséd by British diplomatic officials in the country of departure. The enactment of this regulation reflects the policy objective of the Commonwealth Government to maintain strict oversight and control over immigration, particularly in light of the geopolitical tensions and threats present during the early years of World War II. The regulation serves to enhance the security apparatus of the National Security Act by ensuring that all travellers from specified countries undergo appropriate verification processes before entering Australian territory.
Scope and Application
The Statutory Rules 1941, No. 28, made under the National Security Act 1939-1940, specifically address the amendment of the National Security (Passport) Regulations. This legislation applies to any person arriving in the Commonwealth of Australia or any Territory of the Commonwealth from a country outside the United Kingdom, provided they hold a passport issued by the UK government. These individuals must have their passports re-validated by obtaining a visé from a British Ambassador, Consul, or other proper authority in the country of embarkation. Failure to comply with this requirement may result in detention or the obligation to report as directed by an officer. The regulations extend to the entire Commonwealth of Australia and its territories, thereby establishing a uniform standard for passport validation across the nation. Notably, this regulation does not specify any exclusions, exemptions, or thresholds but implies that all arriving persons must meet the stated passport re-validation criteria to avoid detention or reporting requirements.
Key Provisions
The main operative section of this statutory rule (Section 3) amends the National Security (Passport) Regulations by adding a new sub-regulation. Specifically, this amendment requires that any individual arriving in the Commonwealth of Australia or any of its territories from a country outside the United Kingdom, holding a passport issued by the UK government that has not been re-validated by a British Ambassador, Consul, or other proper authority in the country of embarkation, may be detained or required to report at times and places as directed by an officer (National Security (Passport) Regulations, sub-regulation 3(3)).
This Act imposes obligations on UK passport holders travelling to Australia to ensure that their passports are re-validated by the appropriate British authority before their journey. By adding this requirement, the legislation aims to ensure that individuals arriving in Australia from the UK have undergone a level of scrutiny and validation that aligns with national security protocols. Additionally, officers are empowered to detain or require reporting from individuals who do not comply with this re-validation requirement.
Failure to comply with the re-validation requirement can result in detention or the requirement to report to authorities as stipulated. Although the regulation does not specify the exact nature of these detentions or reporting requirements, it is clear that non-compliance with this stipulation can lead to significant consequences. Additionally, the regulation does not outline specific penalties or criminal consequences for breaches, leaving these aspects to be determined by the officers enforcing the regulation within the framework of the National Security Act 1939-1940.