STATUTORY RULES.
1949. No. .
REGULATION UNDER THE PASSPORTS ACT 1938-1948.*
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 Passports Act 1938-1948.
Dated this twenty-ninth day of June, 1949.
W. J. McKell
Governor-General.
By His Excellency’s Command,
Minister of State for Immigration.
Amendment of the Passport Regulations.†
1. Regulation 10 of the Passport Regulations is repealed and the following regulation inserted in its stead :—
Documents of identity.
“ 10. An authorized officer may issue a document of identity for travel purposes to a person who claims to be a British subject in any case where, in the opinion of the Minister or an authorized officer, it is unnecessary or undesirable to issue an Australian passport to that person.”.
The Schedule.
2. The Schedule to the Passport Regulations is amended by adding at the end of Part II. the following words :—
“For the issue of a document of identity...............Ten shillings.”.
* Notified in the Commonwealth Gazette on , 1948.
† Statutory Rules 1939, No. 47, as amended by Statutory Rules 1945, No. 183; 1948, No. 52; and 1949, No. 7.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2463.—Price 3d. 8/1.6.1949.
Overview
The Statutory Rules 1949, No. 237, under the Passports Act 1938-1948, was enacted to address the need for a mechanism to issue travel documents to individuals who claim to be British subjects but are not eligible for Australian passports. The regulation was made by the Governor-General in Council, acting on the advice of the Federal Executive Council. The primary objective of this legislation is to provide an alternative form of identification for travel purposes when the issuance of an Australian passport is deemed unnecessary or undesirable by the Minister or an authorised officer. The policy objective is to ensure that individuals in specific circumstances can still facilitate travel while maintaining appropriate control over passport issuance.
Scope and Application
The Passport Regulations made under the Passports Act 1938-1948 govern the issuance of documents of identity for travel purposes. This regulation applies to persons who claim to be British subjects and for whom the Minister or an authorized officer deems it unnecessary or undesirable to issue an Australian passport. The regulation is applicable within the Commonwealth of Australia and provides a mechanism for the issuance of identity documents as an alternative to passports in specific circumstances. The regulation is subject to a fee of ten shillings for the issue of a document of identity, as outlined in the Schedule to the Passport Regulations. The regulation extends the application of the Act by providing a means for the issuance of documents of identity, thereby offering a flexible alternative to the standard passport issuance process for certain individuals.
Key Provisions
The main operative sections of this legislative instrument are Regulation 10 and the Schedule. Regulation 10 (1) allows an authorised officer to issue a document of identity for travel purposes to a person claiming to be a British subject when the Minister or an authorised officer deems it unnecessary or undesirable to issue an Australian passport to that person. The Schedule sets out the fee of ten shillings for the issue of a document of identity.
The Act imposes specific obligations and requirements on the parties or entities it governs. Authorised officers are given the authority to issue documents of identity under certain conditions, subject to the Minister's or their own opinion regarding the necessity and desirability of issuing an Australian passport. The issuing of a document of identity is also subject to a fee as outlined in the Schedule, which needs to be paid by the person applying for the document.
Breaches of the provisions set out in the Act may result in civil or criminal consequences. The specific offences, penalties, or consequences for non-compliance are not detailed in the text provided. However, given the historical context and the nature of the legislation, unauthorised issuance of documents of identity or failure to pay the prescribed fee could potentially lead to legal ramifications. The exact penalties would depend on other relevant laws and regulations in place at the time of the alleged breach.