War Precautions (Passports) Regulations 1916 (Amendment)

Overview

Statutory Rules 1920, No. 206, known as the Regulation under the War Precautions Act 1914–1918, was enacted to amend the existing War Precautions (Passports) Regulations in light of post-war adjustments and the shifting dynamics of international relations. This legislative instrument was made by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and it came into operation immediately. The policy objective behind these amendments was to streamline and update passport regulations between Australia and New Zealand, ensuring that the movement of individuals across these borders was properly managed and controlled, in accordance with the provisions of the War Precautions Act 1914–1918.

Scope and Application

The War Precautions (Passports) Regulations 1920, made under the War Precautions Act 1914–1918, apply to individuals travelling between Australia and New Zealand. Specifically, the Regulations pertain to persons who are not natural-born British subjects and require permits to travel to or from New Zealand. This includes those who are visiting New Zealand or leaving Australia to settle there, those returning from New Zealand, and those visiting Australia from New Zealand. The scope of these Regulations extends to altering the permit requirements for such travels, ensuring that appropriate authorities in either country issue the necessary permits. The Regulations are effective immediately upon their creation and do not specify any exclusions or exemptions beyond the outlined permit conditions. The application of these Regulations is limited to the movement of individuals between the Commonwealth of Australia and New Zealand, focusing on the control and regulation of travel permits for those not classified as natural-born British subjects.

Key Provisions

The key operative sections of the Statutory Rules (1920) No. 206 involve amendments to the War Precautions (Passports) Regulations under the War Precautions Act 1914–1918. Specifically, it modifies regulation 5 by replacing existing paragraphs (iii), (iiia), and (iv) with new ones. The changes pertain to the issuance and possession of permits for individuals travelling between Australia and New Zealand, whether they are natural-born British subjects or not. The new regulation (iii) allows a person (who is not a natural-born British subject) to visit New Zealand or leave Australia to settle in New Zealand if they possess a permit from Australian authorities. Regulation (iiia) permits a person (who is not a natural-born British subject) to return from New Zealand if they hold a permit issued by Australian authorities. Regulation (iv) allows a person (who is not a natural-born British subject) to visit Australia from New Zealand, or return to New Zealand, if they have a permit issued by New Zealand authorities. Finally, regulation (iva) permits any natural-born British subject to leave Australia for New Zealand or arrive in Australia from New Zealand. These regulations impose specific obligations and requirements on individuals travelling between Australia and New Zealand. The primary requirement is the possession of a permit issued by the relevant authorities in either country, depending on the direction of travel and the nationality of the traveller. For individuals who are not natural-born British subjects, the permit must be issued by the authorities of the country they are leaving if they are travelling to the other country. Conversely, if a natural-born British subject is travelling between the two countries, no permit is required. This distinction ensures that the movement of people across the Tasman Sea is regulated and monitored during the wartime period covered by the War Precautions Act. Failure to comply with these regulations could result in legal consequences. Although the specific penalties are not detailed in the Statutory Rules, under the War Precautions Act 1914–1918, breaches of regulations could lead to both civil and criminal penalties. The potential penalties might include fines, imprisonment, or other sanctions as prescribed by the Act. These measures underscore the importance of adhering to the travel permit requirements established by the amended regulations.