National Security (Passport) Regulations (Amendment)

Overview

The Statutory Rules 1940, No. 158, Regulations under the National Security Act 1939-1940, were enacted in 1940 to address the need for stringent controls over passports during times of national security concern. These regulations were made by the Governor-General in Council under the authority vested in him by the National Security Act 1939-1940. The overarching policy objective was to ensure that the issuance of passports and permits for travel were subject to rigorous scrutiny and control, thereby preventing the misuse of travel documents during a period of heightened risk. The regulations sought to refine the criteria for exemption from passport requirements for travel between Australia and New Zealand, and also introduced penalties for providing false or misleading information when applying for travel permits.

Scope and Application

The Statutory Rules of 1940, No. 158, made under the National Security Act 1939-1940, amend the National Security (Passport) Regulations to refine the application of passport regulations, particularly concerning travel between the Commonwealth of Australia and the Dominion of New Zealand. These regulations apply to individuals who are not classified as aliens and who are travelling between Australia and New Zealand, provided they hold a permit to leave Australia issued under the authority of the Minister or a permit to leave New Zealand issued by a proper authority in pursuance of the New Zealand Overseas Passengers Emergency Regulations 1939. Notably, a return journey permit must be endorsed by an officer to be valid, and it explicitly excludes individuals who make false or misleading statements to obtain a permit. The regulation extends its jurisdictional reach across the Commonwealth and Dominion of New Zealand, affecting the conduct of individuals travelling between these two jurisdictions.

Key Provisions

The key operative sections of these Regulations amend the existing National Security (Passport) Regulations under the National Security Act 1939-1940. Firstly, Regulation 10 is amended (section 1) to include an exemption for certain non-alien travellers between the Commonwealth of Australia and the Dominion of New Zealand. Specifically, this exemption applies to those in possession of a permit to leave the Commonwealth for New Zealand issued by the Minister or a permit to leave New Zealand issued by a proper authority under the New Zealand Overseas Passengers Emergency Regulations 1939. However, for the return journey from the Commonwealth to New Zealand, the permit must be endorsed by an officer for the exemption to apply. Secondly, a new regulation, 11a, is introduced (section 2) which prohibits making false or misleading statements, whether orally or in writing, for the purpose of obtaining a permit under these Regulations. The Regulations impose specific obligations and requirements on individuals and authorities involved in the issuance and use of permits. Non-alien travellers between Australia and New Zealand, as described in the amended Regulation 10, must hold the appropriate permits to benefit from the exemption. Additionally, they must ensure that any permit used for the return journey is endorsed by an officer. Regulation 11a places a direct obligation on applicants for permits to provide truthful information, prohibiting them from making any false or misleading statements in their application process. Authorities responsible for issuing permits are required to verify the accuracy of the information provided by applicants and to endorse permits for the return journey as stipulated. Breaches of these Regulations can lead to serious consequences. Regulation 11a explicitly criminalises the act of making false or misleading statements in the process of obtaining a permit. While the specific penalties are not detailed within the Regulations themselves, under the National Security Act 1939-1940, penalties for making false statements can include fines and imprisonment. The severity of these penalties is determined by the court based on the circumstances of the offence, reflecting the seriousness of providing false information in matters of national security.