Passports Act 1920

Legislation au C1920A00046 Not in force Act

Legislation content

 

PASSPORTS.

 

No. 46 of 1920.

An Act relating to Passports.

[Assented to 2nd December, 1920.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Passports Act 1920.

Definitions.

2. In this Act, unless the contrary intention appears—

“Officer” means any person authorized by the Minister to exercise the powers conferred on officers by this Act, or a member of the Police Force, or an officer of Customs;

“Passport” means a passport—

(a) which was, not more than two years previously, issued or renewed by, or on behalf of, the Government of the country of which the person to whom it relates is a citizen or subject;

(b) which contains a personal description sufficient to identify that person;

(c) to which is attached a photograph of that person; and

(d) which is still in force,

and, in the case of a British subject, includes a certificate of nationality—

(e) which was issued by a British Consul or other officer authorized to issue such certificates;

(f) which contains a personal description sufficient to identify the person to whom it relates;

(g) to which is attached a photograph of that person; and

(h) which is still in force.

Persons leaving the Commonwealth to have passports bearing proper visé.

3.—(1.) Subject to this Act, no person who is, or appears to an officer to be, more than sixteen years of age, shall embark at any place in the Commonwealth for a journey to any place beyond the Commonwealth unless—

(a) he is the holder of a passport or other document authorizing his departure; and

(b) his passport has been viséed or indorsed in the prescribed manner for that journey, and the visé or indorsement has not been cancelled.

Penalty: Fifty pounds, or imprisonment for three months.

(2.) Sub-section (1.) of this section shall not apply to—

(a) any member of the Naval or Military Forces of any part of the British Dominions leaving the Commonwealth on duty;

(b) any member of the crew of an oversea vessel leaving any port in the Commonwealth, who was, according to the ship’s articles, a member of the crew on the last arrival of the vessel in that port;

(c) any member of the crew of any vessel, who signs on in Australia for an oversea voyage, and who satisfies an officer that he is by occupation a seafaring man;

(d) any natural-born British subject leaving the Commonwealth for New Zealand;

(e) any person (other than a natural-born British subject) visiting New Zealand, or leaving the Commonwealth to settle in New Zealand, if he is in possession of a permit to…

Overview

The Passports Act 1920 was enacted by the Parliament of Australia to address the need for regulation of passports and the control of travel documentation for individuals departing Australia. The Act establishes the legal framework for the issuance, control, and cancellation of passports, as well as the enforcement of these regulations. It provides for the detention and cancellation of passports, the issuance of exemptions, and penalties for non-compliance. The policy objective of the Act is to ensure that individuals travelling abroad from Australia have the appropriate documentation and that the government can control and monitor the movement of people in and out of the country. The Governor-General is authorised to make regulations to carry out the provisions of the Act.

Scope and Application

The Passports Act 1920 applies to any person over the age of sixteen who intends to leave the Commonwealth of Australia for a destination outside the Commonwealth, unless they fall under a specific exemption outlined in the Act. This includes citizens, subjects, and individuals holding other recognised documents who are subject to the requirements of possessing a valid passport with the appropriate visé or indorsement for their intended journey. The Act also extends its application to officers who enforce its provisions, such as members of the Police Force, Customs officers, or any authorised officer. The Act’s jurisdictional reach is limited to the Commonwealth of Australia, though it acknowledges arrangements with other countries that may exempt certain individuals from passport requirements when travelling between specified countries. The Act includes provisions for the detention, cancellation, and regulation of passports, as well as penalties for non-compliance, including fines and imprisonment. Certain categories of individuals, such as members of the military on duty, bona fide residents or tourists, and those with specific permits, are exempted from some or all of these requirements. The Act allows for the issuance of emergency permits and can be further extended or restricted through subordinate regulations made by the Governor-General.

Key Provisions

  • The Passports Act 1920 (C1920A00046) lays out the requirements for passports and travel documents for individuals leaving Australia. Section 3 states that any person over the age of sixteen must possess a valid passport with an appropriate visa (or other document authorising departure) before embarking on a journey outside Australia, with certain exceptions listed in subsection 3. Section 5 outlines the power of authorities to detain passports of individuals entering Australia if they are required to possess one, or from those leaving Australia if they are alien seamen. Section 6 provides the authority to cancel passports or their visas issued by the Australian government.
  • The Act imposes specific obligations on individuals and entities. For instance, Section 3(1) mandates that individuals over sixteen years of age must have a valid passport with the correct visa to leave Australia, with exceptions outlined in subsection 3. Section 5 allows for the detention of passports of individuals entering or leaving Australia under certain conditions, and Section 6 provides the authority to cancel passports or their visas.
  • Violations of the Act are subject to penalties. Section 3(4) outlines penalties for failing to comply with conditions of an exemption, and Sections 7, 8, and 9 describe various offences and their associated penalties of up to fifty pounds fine or three months imprisonment. Section 10 allows the Governor-General to make regulations not inconsistent with the Act, including prescribing penalties for breaches of the regulations and fees for the issue of passports and their visas.

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Act
Concepts
Definitions & Interpretation
Offence Provisions
Enforcement Powers
CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Passports Act 1920 and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Citations

Interactions

Authorises

All Versions

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.