ALIENS REGULATIONS
- Reprinted as at 31 May 1981 (HISTREG CHAP 102 #DATE 31:05:1981)
*1* The Aliens Regulations (in force under the Aliens Act 1947) as shown in this reprint comprise Statutory Rules 1954 No. 114 as amended by the other Statutory Rules specified in the following table: ---------------------------------------------------------------------------- Application, saving Year and Date of notification Date of or transitional number in Gazette commencement provisions ---------------------------------------------------------------------------- 1954 No. 114 15 Nov 1954 15 Nov 1954 1956 No. 118 24 Dec 1956 24 Dec 1956 - 1959 No. 71 20 Aug 1959 20 Aug 1959 - 1961 No. 57 27 Apr 1961 27 Apr 1961 - 1965 No. 129 31 Aug 1965 31 Aug 1965 - 1974 No. 191 15 Oct 1974 15 Oct 1974 - 1981 No. 73 15 Apr 1981 15 Apr 1981 - ---------------------------------------------------------------------------- ALIENS REGULATIONS - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Repeal and saving
3. Interpretation
4. Register of Aliens
5. Time for making application for registration
6. Manner of making application for registration
7. (Repealed)
8. Alien to furnish photograph
9. (Repealed)
10. Notification of marriage
11. Change of surname
12. Appropriate officer for the purposes of regulations 10 and 11
13. Notification of change in recorded particulars
14-20. (Repealed)
21. Master or pilot in command to afford facilities
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ALIENS REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Aliens Regulations.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
ALIENS REGULATIONS - REG 2
Repeal and saving
2. (1) The Aliens Regulations (comprising Statutory Rules 1948, No. 8; and
Statutory Rules 1950, No. 87) are repealed.
(2) Notwithstanding the repeal effected by the last preceding
sub-regulation-
(a) all aliens registered under the Regulations repealed by that
sub-regulation shall be deemed to have been registered under these
Regulations;
(b) all notifications and applications made by an alien in
accordance with the Regulations repealed by that sub-regulation shall
be deemed to have been made in accordance with these Regulations; and
(c) all entries made in a Register of Aliens in accordance with the
Regulations repealed by that sub-regulation shall be deemed to have been
made in accordance with these Regulations.
ALIENS REGULATIONS - REG 3
Interpretation
Sub-reg. (1) amended by 1974 No. 191 r. 1; 1981 No. 73
3. (1) In these Regulations, unless the contrary intention appears-
"pilot in command" has the same meaning as in the Air Navigation
Regulations;
"port" includes aerodrome;
"prescribed person" means-
(a) in relation to an alien residing in the city area of Canberra
in the Australian Capital Territory, the metropolitan area of a State capital
city or the town area of Darwin in the Northern Territory, a person employed
in the Department of Immigration and Ethnic Affairs and performing duties in
relation to these Regulations; or
(b) in relation to an alien residing in an area other than an area
specified in the last preceding paragraph, a postmaster at a post
office at which money order facilities are available or a person employed at
such a post office and authorized by the postmaster to perform duties in
relation to these Regulations;
"the Act" means the Aliens Act 1947.
Sub-reg.(2) omitted by 1961 No. 57 r. 1
* * * * * * * *
Added by 1959 No. 71 r. 1
(3) For the purposes of these Regulations, the reference number of an alien
is-
(a) in the case of an alien whose name is entered in a Register of Aliens
before the date of commencement of the Aliens Act 1959, the number of the
certificate of registration issued to the alien; and
(b) in the case of an alien whose name is entered in a Register of
Aliens on or after the date of commencement of the Aliens Act 1959, the
reference number notified to him at the time he applies to be registered
under the Act.
ALIENS REGULATIONS - REG 4
Register of Aliens
Sub-reg. (1) substituted by 1974 No. 191 r. 2; amended by 1981 No. 73
4. (1) Entries in a Register of Aliens shall be made, altered or removed by
an officer of the Department of Immigration and Ethnic Affairs authorized for
the purpose by the Secretary to the Department of Immigration and Ethnic
Affairs or by the Regional Director of Migration, Department of Immigration
and Ethnic Affairs, for the State or Territory in which the Register is kept.
(2) The full name, address or intended address in Australia, nationality,
sex, date and place of birth, marital status, physical description and date of
disembarkation in Australia of each alien who applies to be registered under
the Act as an alien, or on whose behalf an application for registration is
made, shall be recorded in the Register of Aliens for the State or Territory
in which-
(a) the alien resides; or
(b) in the case of an alien who enters Australia as an alien, the
alien intends to reside.
(3) Entries in respect of an alien made in a Register of Aliens may be
altered from time to time in conformity with information furnished by or on
behalf of the alien in compliance with the Act and these Regulations.
(4) When a registered alien ceases to be an alien, dies or leaves Australia,
all entries made in a Register of Aliens in respect of that alien may be
removed from the Register.
ALIENS REGULATIONS - REG 5
Time for making application for registration
5. (1) The time before which a person to whom paragraph (a) of sub-section
(1) of section 7 of the Act applies shall apply to be registered under the Act
as an alien is the end of the fourteenth day after the date of commencement of
these Regulations.
Amended by 1956 No. 118 r. 1
(2) Except as provided by the next succeeding sub-regulation, the time
before which a person to whom paragraph (b) of sub-section (1) of section 7 of
the Act applies shall apply to be registered under the Act as an alien is one
hour after the arrival at the first port of call in Australia of the ship or
aircraft on which that person has entered Australia.
(3) Whenever an alien ceases to be a person excepted by section 8 of the Act
from the application of section 7 of the Act, the time before which the alien
shall apply to be registered under the Act is the end of the fourteenth day
after the day on which he ceased to be so excepted.
(4) The time before which a person to whom paragraph (c) of sub-section (1)
of section 7 of the Act applies shall apply to be registered under the Act as
an alien is the end of the fourteenth day after the day on which that person
became an alien.
ALIENS REGULATIONS - REG 6
Manner of making application for registration
Sub-reg. (1) amended by 1961 No. 57 r. 2
6. (1) An alien to whom sub-regulation (1), (3) or (4) of the last preceding
regulation applies shall make application to be registered as an alien under
the Act by presenting himself in person before a prescribed person and making
a written application in accordance with a form approved by the Minister.
Amended by 1961 No. 57 r. 2
(2) An alien to whom sub-regulation (2) of the last preceding regulation
applies shall make application to be registered as an alien under the Act by
presenting himself in person, with his passport or other means of
identification, before an officer who is in attendance on board the ship or
aircraft on which the alien arrives in Australia or at the port at which that
ship or aircraft arrives in Australia and by making, subject to the next
succeeding sub-regulation, a written application in accordance with a form
approved by the Minister.
Amended by 1961 No. 57 r. 2; 1974 No. 191 r. 3
(3) If an alien is unable to furnish an item of information set out in a
form approved by the Minister under the last preceding sub-regulation at the
time at which he makes application to be registered as an alien under the Act,
he shall attend at a time and place specified by an officer and then and there
supply that information.
Penalty: $100 or imprisonment for three months.
(4) A written application under this regulation shall be signed by the alien
with his personal signature, or if he is unable to write, with his personal
mark.
(5) When the parent or guardian of an alien makes application on behalf of
the alien in pursuance of sub-section (3) of section 7 of the Act, the parent
or guardian shall present himself before the prescribed person or officer, as
the case requires, and the written application shall be signed by the parent
or guardian on behalf of the alien.
Regulation 7 repealed by 1974 No. 191 r. 4
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ALIENS REGULATIONS - REG 8
Alien to furnish photograph
Substituted by 1959 No. 71 r. 2 Sub-reg. (1) amended by 1981 No. 73
8. (1) An alien shall, when making application to be registered as an alien
under the Act, or at a time and place specified by an officer, furnish an
unmounted photograph of himself, approximately 65 millimetres by 50
millimetres in size, of head and shoulders only, taken full face, without hat
and with plain background.
(2) Whenever it appears to an officer that the photograph furnished by an
alien in accordance with the last preceding sub-regulation is not suitable as
a means of identifying the alien, the officer may direct the alien to furnish
a fresh photograph of himself of the size and description specified in the
last preceding sub-regulation, and the alien shall comply with that direction.
Penalty amended by 1974 No. 191 r. 5
Penalty: $100 or imprisonment for three months.
Regulation 9 repealed by 1974 No. 191 r. 6
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ALIENS REGULATIONS - REG 10
Notification of marriage
10. (1) The time within which a notification in compliance with section 10A
of the Act shall be furnished is thirty days after the date of the marriage.
Amended by 1959 No. 71 r. 3; 1961 No. 57 r. 5
(2) The notification shall be in writing in accordance with a form approved
by the Minister and the alien shall deliver or post to the appropriate officer
the notification together with his marriage certificate.
ALIENS REGULATIONS - REG 11
Change of surname
Substituted by 1959 No. 71 r. 4; amended by 1961 No. 57 r. 6
11. An application by an alien for consent in pursuance of section 11 of the
Act shall be in writing in accordance with a form approved by the Minister,
and shall be delivered or posted to the appropriate officer.
ALIENS REGULATIONS - REG 12
Appropriate officer for the purposes of regulations 10 and 11
Amended by 1965 No. 129 r. 3; 1974 No. 191 r. 7; 1981 No. 73
12. For the purposes of the last two preceding regulations the appropriate
officer is-
(a) in the case of an alien residing in the Australian Capital Territory,
the Secretary to the Department of Immigration and Ethnic Affairs; or
(b) in the case of an alien residing in a State or in the Northern
Territory, the Regional Director of Migration, Department of Immigration
and Ethnic Affairs, for that State or Territory.
ALIENS REGULATIONS - REG 13
Notification of change in recorded particulars
Substituted by 1965 No. 129 r. 4 Sub-reg. (1) amended by 1974 No. 191 r. 8;
1981 No. 73
13. (1) Subject to the next succeeding sub-regulation, when a change occurs
in any of the particulars recorded in an alien's application for registration
other than a change for the notification of which specific provision is made
in the Act or elsewhere in these Regulations, the alien shall, within fourteen
days after the change occurs, give notice of the change to-
(a) in the case of an alien whose place of residence is in a State or the
Northern Territory of Australia-the Regional Director of Migration,
Department of Immigration and Ethnic Affairs, for the State or the
Northern Territory of Australia, as the case may be; or
(b) in the case of an alien whose place of residence is in the
Australian Capital Territory-the Secretary to the Department of
Immigration and Ethnic Affairs.
Penalty: $100 or imprisonment for three months.
(2) The last preceding sub-regulation does not apply to a change in the
address of the place of residence, the occupation or the employment of an
alien.
Regulations 14-19 repealed by 1959 No. 71 r. 5; regulation 20 repealed by 1965
No. 129 r. 5
* * * * * * * *
ALIENS REGULATIONS - REG 21
Master or pilot in command to afford facilities
Amended by 1974 No. 191 r. 9
21. The master of a ship or the pilot in command of an aircraft shall not
refuse or neglect to afford all reasonable facilities to an officer for the
performance of his duties under these Regulations.
Penalty: $100 or imprisonment for three months.
The Schedule repealed by 1961 No. 57 r. 7
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