STATUTORY RULES.
1937. No. 93.
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-fifth day of August, 1937.
(SGD.) GOWRIE
Governor-General.
By His Excellency’s Command,
Minister of State for the Interior.
Amendment of Passports Regulations. †
Definitions.
1. Regulation two of the Passports Regulations is amended by inserting, after the definition of “British passport”, the following definition:—
“‘British subject’ includes—
(a) a person who, within Australia, is entitled to all political and other rights, powers and privileges to which a natural-born British subject is entitled; and
(b) an aboriginal native of any country under the protection of His Majesty;”.
Officers authorized to receive applications, &c.
2. Regulation 3 of the Passports Regulations is amended by omitting the words “The Government Resident of North Australia” and inserting in their stead the words “The Administrator of the Northern Territory.”.
Persons to whom passports may be issued.
3. Regulation 4 of the Passports Regulations is amended by omitting the words “natural-born or naturalized”.
* Notified in the Commonwealth Gazette on , 1937.
† Statutory Rules 1930, No. 155, as amended by Statutory Rules 1931, No. 40; 1932, No. 101; and 1937, No. 43.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4433.—6/16.8.1937.—Price 3d.
Overview
The Statutory Rules 1937 No. 93, titled Regulations Under the Passports Act 1920, were enacted to update and refine the regulations governing the issuance and administration of passports in Australia. These regulations were made under the authority of the Passports Act 1920 by the Governor-General, acting on the advice of the Federal Executive Council. The primary aim of these regulations was to address the evolving administrative needs of passport issuance, including changes in territorial governance and the definition of who qualifies as a British subject for passport purposes. The policy objective was to ensure that passport regulations are both comprehensive and reflective of contemporary governance structures and rights, thereby facilitating smoother travel documentation processes for eligible individuals.
Scope and Application
The Passports Regulations, 1937, are legislative instruments made under the Passports Act 1920, governing the issuance, application, and use of passports within the Commonwealth of Australia. These regulations apply to individuals and entities responsible for administering passports, including the updated role of the Administrator of the Northern Territory in processing passport applications. The regulations also extend to persons eligible for passport issuance, modifying the criteria to include those who, within Australia, possess the rights, powers, and privileges of a natural-born British subject, as well as Aboriginal natives under the protection of His Majesty. The geographic reach of these regulations is national, affecting all individuals and authorised officers throughout Australia. There are no stated exclusions or exemptions within the text, though the application and interpretation of these regulations may be further refined or restricted through subsequent subordinate instruments.
Key Provisions
The principal operative sections of the Statutory Rules 1937 No. 93, Regulations Under the Passports Act 1920, include amendments to the Passports Regulations as outlined in sections 1, 2, and 3. Section 1 amends the definition of "British subject" to include individuals who are entitled to certain rights and privileges within Australia and aboriginal natives under His Majesty's protection. Section 2 replaces the Government Resident of North Australia with the Administrator of the Northern Territory as the officer authorised to receive passport applications and other related matters. Section 3 removes the requirement for a person to be "natural-born or naturalized" in order to be eligible for a passport, thus broadening the scope of individuals who can be issued a passport.
These amendments impose several obligations and requirements on the parties involved. The definition of "British subject" in section 1 expands the eligibility for passports, meaning that a wider range of individuals now qualify for passport issuance. Section 2 alters the administrative responsibility for passport applications, transferring it from the Government Resident of North Australia to the Administrator of the Northern Territory. This change ensures that the proper authority is responsible for handling passport applications within the specified region. Section 3 simplifies the eligibility criteria for passport issuance by removing the need for an individual to be "natural-born or naturalized," potentially making the process more accessible to a broader demographic.
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the provided text of the Statutory Rules 1937 No. 93. However, breaches of the Passports Regulations, as amended by these rules, could potentially lead to legal ramifications under the broader Passports Act 1920. Such breaches might be subject to penalties as stipulated within the Act, though specific details regarding penalties are not provided in the text. It is advisable for those affected by these regulations to consult the full text of the Passports Act 1920 for comprehensive information on potential penalties and consequences for non-compliance.