STATUTORY RULES.
1937. No. 43.
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REGULATIONS UNDER THE PASSPORTS ACT 1920.*
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 Passports Act 1920.
Dated this twenty-first day of April, 1937.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for the Interior.
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Amendment of Passports Regulations.†
Definitions.
1. Regulation two of the Passports Regulations is amended by omitting the definition of “Transit visé” and inserting in its stead the following definition:—
“Transit visé” means a visé which is valid for one or more direct journeys through a country specified in the visé for the purpose of reaching another country specified in the visé;”.
2. Regulations twenty-two and twenty-three of the Passports Regulations are repealed and the following regulation inserted in their stead:—
Fees on application for a visé or indorsement of a passport.
“22.—(1.) An application for a visé or indorsement may be in accordance with Form G and shall be accompanied by—
(a) the prescribed fee; and
(b) in the case of a passport, other than a passport issued under the Act, one unmounted photograph of the applicant.
“(2.) The fees payable in respect of a visé or indorsement of a British or foreign passport shall be as follows:—
(a) For a transit visé—Two shillings;
(b) For an indorsement of a British passport made after the issue of that passport—Four shillings; and
(c) For a visé (other than a transit visé)—Eight shillings.
“(3.) For the purpose of this regulation, ‘passport’ includes a certificate of identity or other official document issued in lieu of a passport.”.
Amendment of the Schedule.
3. The Schedule to the Passports Regulations is amended—
(a) by omitting from Form G the Note to Item 7 (a); and
(b) by omitting from Item 7 (c) in that Form the word “Two” and inserting in its stead the word “Four”.
* Notified in the Commonwealth Gazette on , 1937
† Statutory Rules 1930, No. 155, as amended by Statutory Rules 1931, No. 40, and 1932, No. 101.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
1754.—6/14.4.1937.—Price 3d.
Overview
The Statutory Rules 1937 No. 43, made under the authority of the Passports Act 1920, were enacted to refine and update the regulations governing the application and fees associated with passports and visa endorsements within Australia. This legislative instrument was introduced to address the need for clearer definitions and more precise fee structures within the existing regulatory framework. The Governor-General, acting on the advice of the Federal Executive Council, issued these regulations to amend the Passports Regulations of 1930, aiming to streamline the process of applying for transit visas and indorsements, while also adjusting the fees accordingly. The policy objective behind these amendments was to ensure that the regulations were up-to-date and effectively managed the administrative requirements for passport applications and endorsements.
Scope and Application
The Regulations Under the Passports Act 1920, as amended, apply to all individuals and entities seeking a transit visé, a British or foreign passport endorsement, or other related services. This includes citizens and non-citizens of Australia intending to travel through or to foreign countries. The regulations are applicable within the Commonwealth of Australia and cover all individuals or entities making applications for passport services as defined in the regulations. The scope extends to passports, certificates of identity, and other official documents issued in lieu of a passport. The regulations establish specific fees for various types of visés and endorsements, including transit visés, British passport endorsements, and other types of visés. The amendments to the regulations include modifications to definitions, application processes, and fee structures. Notably, certain exclusions and thresholds apply to the types of fees and the specific requirements for different categories of travel documents. The application of these regulations may be further extended or restricted through subordinate instruments issued under the authority of the Passports Act 1920.
Key Provisions
The main operative sections of these regulations, detailed under the Passports Act 1920, focus on amending the definitions and fees associated with passports and visas. Firstly, section 1 revises the definition of "Transit visé" to specify that it is a visa valid for one or more direct journeys through a specified country to reach another specified country (regulation 2). Secondly, sections 22 and 23 replace previous regulations with new provisions regarding fees for visa applications or passport endorsements, stipulating the prescribed fees and required documentation (regulation 22). Additionally, section 3 amends the Schedule to Form G by modifying the fee structure and removing certain notes and specifications (regulation 3).
These regulations impose specific obligations and requirements on applicants for visas or passport endorsements. For instance, applicants must submit their requests in accordance with Form G, include the requisite fees, and provide a recent photograph if applying for a passport (regulation 22(1)). Furthermore, applicants for transit visas must pay a fee of two shillings, while those seeking other types of visas must pay eight shillings (regulation 22(2)(a) and (c)). These obligations ensure that the application process is standardised and that applicants are aware of the associated costs.
Non-compliance with the provisions of these regulations can result in various civil and criminal consequences. Although the document does not explicitly state penalties for non-compliance, it is reasonable to infer that failure to adhere to the stipulated fees and documentation requirements could lead to refusal of the application or other administrative sanctions. Moreover, any misuse of the passport or visa, which these regulations aim to regulate, could result in more severe legal consequences under the broader Passports Act 1920, including fines and imprisonment. The specific penalties would depend on the nature and severity of the breach, as outlined in the overarching legislation.