STATUTORY RULES.
1920. No. 148.
REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1918.
I, SIR WILLIAM HILL IRVINE, Deputy of 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 War Precautions Act 1914-1918, to come into operation forthwith.
Dated this twenty-fourth day of August, 1920.
W. H. IRVINE,
Deputy of the Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
———
Amendment of the War Precautions (Passports) Regulations.
(Statutory Rules 1916, No. 206, as amended to this date.)
1. Regulation 4 of the War Precautions (Passports) Regulations is amended by adding at the end of paragraph (b) the following words:—“which visa or indorsement has not been cancelled.”
2. Regulation 6 of the War Precautions (Passports) Regulations is amended by omitting the words “who is now in the Commonwealth” and inserting in their stead the words “who is at any time in the Commonwealth, and any person having any such passport in his possession or under his control shall on demand by an officer forthwith deliver it up to the officer”.
3. Regulation 6a of the War Precautions (Passports) Regulations is amended by adding at the end of sub-regulation (4) the words “, and any person having in his possession or under his control any such document shall on demand by an officer forthwith deliver it up to an officer.”
4. After regulation 6a of the War Precautions (Passports) Regulations the following regulation is inserted:—
Power to cancel visa or indorsement on passport.
“6b. (1) The visa or indorsement on any passport may be cancelled by the Permanent Head of the Department controlling the issue of passports or by some person authorized thereto by him, by notice in writing given to the person to whom the passport was issued.
“(2) A notice under this regulation may be signed by any officer on behalf of any person authorized by or under this regulation to cancel the visa or indorsement.
“(3) After a notice in accordance with this regulation has been served on the person to whom the passport was issued, the visa or indorsement to which it refers shall be void.
“(4) Any officer may take possession of any passport bearing a visa or indorsement in respect of which a notice has been served under this regulation, and any person having in his possession or under his control any such passport shall on demand by an officer forthwith deliver it up to an officer.”.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1920, No. 148, are Regulations made under the War Precautions Act 1914-1918. These Regulations, enacted in 1920, were introduced to amend the War Precautions (Passports) Regulations in response to evolving security concerns during the post-World War I period. They were made by Sir William Hill Irvine, the Deputy of the Governor-General, acting with the advice of the Federal Executive Council. The primary policy objective of these amendments was to enhance the control over the issuance and possession of passports, ensuring that individuals could not evade the regulatory oversight by simply being outside the Commonwealth at the time of cancellation of their visas or indorsements on their passports.
Scope and Application
These Regulations, made under the War Precautions Act 1914-1918, apply to passports and visas issued within the Commonwealth of Australia and are designed to enhance control over the movement of individuals within and beyond Australia's borders during and immediately after the First World War. The Regulations particularly target individuals in possession of passports that have not had their visas or endorsements cancelled, extending the reach of passport control to any person within the Commonwealth at any time. Furthermore, these Regulations mandate the surrender of such passports to officers upon demand. The power to cancel visas or endorsements on passports is vested in the Permanent Head of the Department responsible for issuing passports or an authorized delegate, with provisions for officers to take possession of passports bearing cancelled visas or endorsements and to seize these passports from any person in their possession. The geographic reach of these Regulations is limited to the Commonwealth of Australia, and while the Regulations do not explicitly state exclusions, their application is contingent on the possession of specific passports and visas within the jurisdiction. The Regulations may be further extended or specified through subordinate instruments.
Key Provisions
The main provisions of these Regulations, under the War Precautions Act 1914-1918, amend the War Precautions (Passports) Regulations by adding and modifying several sections. Regulation 4 is amended to specify that a visa or endorsement on a passport remains valid unless it has been cancelled (section 1). Regulation 6 is updated to require any person in possession of a passport with a specified visa to surrender it to an officer upon demand, regardless of their current location within the Commonwealth (section 2). Regulation 6a is similarly updated to mandate the surrender of any document containing such a visa or endorsement to an officer upon demand (section 3). A new regulation, 6b, is introduced, granting authority to cancel a visa or endorsement on a passport either by the Permanent Head of the Department controlling passport issues or an authorized person, with the cancellation becoming effective upon written notice to the passport holder (section 4).
These Regulations impose several obligations on the parties they govern. Passport holders must ensure their visas or endorsements are not cancelled unless notified in writing. They must surrender their passports to an officer upon demand if the passport contains a specified visa or endorsement. Persons in possession of such passports or documents are also required to deliver them to an officer if requested. The Permanent Head of the Department or authorized persons must follow the specified procedure for cancelling visas or endorsements, including providing written notice to the passport holder.
Breach of these Regulations can result in civil and criminal consequences. For instance, failure to surrender a passport or document containing a specified visa or endorsement upon demand can be considered an offence. The maximum penalties for such breaches are not explicitly stated in the Regulations but would likely align with the penalties prescribed under the War Precautions Act 1914-1918 or other relevant legislation. These penalties could include fines or imprisonment, depending on the severity of the breach and the specific provisions of the governing Act.