Passports Act 1920

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 visit New Zealand, or to leave the Commonwealth to settle in New Zealand, issued by the proper authorities in the Commonwealth;

(f) any person (other than a natural-born British subject) returning to New Zealand, if he is in possession of a permit to visit the Commonwealth issued by the proper authorities in New Zealand;

(g) any person going to Papua or Norfolk Island, who is employed by the Administration of either of those Territories;

(h) any bonâ fide resident or tourist travelling to Papua or Norfolk Island who holds a return ticket;

(i) any person who is the holder of a certificate exempting him from the dictation test under the Immigration Act 1901–1912 which—

(i) has been issued by the proper authorities in the Commonwealth; and

(ii) is still in force;

(j) any person to whom an emergency permit, authorizing him to leave the Commonwealth without producing his passport, has been issued;

(k) any person leaving the Commonwealth in the custody of the law;

(l) any person ordered by the Government of the Commonwealth or of any State to leave the Commonwealth: or

(m) any aboriginal native of Asia, or of any island in the East Indies, or in the Indian or Pacific Oceans, leaving the Commonwealth.

(3.) The Minister, or any officer authorized by him to grant exemptions, may exempt any person from any or all of the provisions of sub-section (1.) of this section.

(4.) If any such exemption is granted subject to any condition, and the person to whom it is granted fails to comply with the condition, he shall be guilty of an offence.

Penalty: Fifty pounds, or imprisonment for three months.

Exemption where arrangement with foreign country in force.

4. If the Minister notifies, by notice in the Gazette, that an arrangement has been made with the Government of any country under which persons, who are British subjects or are subjects or citizens of that country, are not, when proceeding from the Commonwealth to that country, required to be in possession of passports, the provisions of sub-section (1.) of the last preceding section shall, so long as the notice continues in force, not apply to British subjects, or the subjects or citizens of that country, when travelling direct from the Commonwealth to that country.

Power to detain passports.

5.—(1.) Any person entering the Commonwealth, who is required to be in possession of a passport, shall, if required, give up his passport to an officer, before leaving the vessel in which he has entered the Commonwealth.

Penalty : Fifty pounds, or imprisonment for three months.

(2.) If he is allowed to. retain his passport, he shall, if required by an officer at any time, give it up to the officer.

Penalty: Fifty pounds, or imprisonment for three months.

(3.) Before an alien seaman signed on outside the Commonwealth is discharged in the Commonwealth, he shall lodge with an authorized officer his passport (unless exempted under this Act from so doing) and also any certificate of nationality or other official certificate establishing his nationality and identity which is in his possession.

(4.) Any passport, of which possession is taken under the power conferred by this Act, may be detained by any person authorized by the Minister in that behalf, until the Minister authorizes its return.

Power to cancel passports, &c., issued in the Commonwealth.

6.—(1.) A passport or permit or pass to leave the Commonwealth, issued by or under the authority of the Government of the Commonwealth, may be cancelled by the Minister of the Department controlling the issue of passports, or by some person thereto authorized by him, and the passport, permit or pass, as the case may be, shall thereupon be void, and any person having in his possession or under his control any such passport, permit or pass shall, on demand by an officer, forthwith deliver it up to the officer.

Penalty: Fifty pounds, or imprisonment for three months.

(2.) The visé or indorsement on any passport may be cancelled by the Minister 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, and after such notice has been served on the person to whom the passport was issued, the visé or indorsement to which it refers shall be void.

(3.) Any officer may take possession of any passport bearing a visé or indorsement in respect of which a notice has been served under this section, 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 the officer.

Penalty: Fifty pounds, or imprisonment for three months.

Offences.

7. Any person who—

(a) being the master of a vessel, discharges any alien seaman, signed on outside the Commonwealth, who has not previously lodged his passport with an officer authorized to receive it, or who has not previously been exempted from this requirement; or

(b) knowingly harbors any person whom he knows, or has reasonable grounds for supposing, to have acted in contravention of this Act or the regulations made under this Act,

shall be guilty of an offence.

Penalty: Fifty pounds, or imprisonment for three months.

Arrest.

8. Any person who acts in contravention of this Act or the regulations made under this Act, or who is reasonably suspected of having so acted or being about so to act, may be taken into custody without warrant by any officer of Customs or police, or by any person authorized in that behalf by the Minister.

Penalty for making false statements.

9.—(1.) Any person who, for the purpose of obtaining a passport or a visé or indorsement of a passport, makes any false or misleading statement, whether in writing or verbally, shall be guilty of an offence.

(2.) Any person who, in recommending that a passport be issued to any other person, or submitting any document in support of an application for a passport for that other person, makes any false or misleading statement therein, either in regard to that other person or to himself, shall be guilty of an offence.

Penalty: Fifty pounds, or imprisonment for three months.

Regulations.

10. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act, and in particular—

(a) for prescribing penalties not exceeding Fifty pounds, or imprisonment for a term not exceeding three months, for breaches of the regulations; and

(b) for prescribing the fees to be charged in respect of the issue of passports, and the visé or other indorsement of passports.