Defence (National Security Aliens Control) Regulations (Cth)
STATUTORY RULES.
REGULATIONS RELATING TO THE CONTROL OF ALIENS.*
I,
THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the
advice of the Federal Executive Council, in pursuance of the powers conferred
by the
Dated this twenty-fifth day of August, 1939.
GOWRIE
Governor-General.
By His Excellency’s Command,
PERCY C. SPENDER
for Minister of State for Defence.
DEFENCE (NATIONAL SECURITY—ALIENS CONTROL) REGULATIONS.
Part I.—Preliminary.
Part I.—Preliminary.
Part II.—Registration.
Part III.—Control of Travel and Movement.
Part IV.—Control of Residence.
Part V.—Internment of Enemy Aliens.
Part VI.—Control of Possessions and Employment.
Part VII.—Control of Assembly, Propaganda, &c.
Part VIII.—Miscellaneous.
“alien” means any person over the age of sixteen years, other than a person who—
(
a ) is a British subject within the meaning of theNationality Act 1920-1936; or(
b ) is, by reason of a declaration made under section 18a of that Act, entitled, while in Australia or any Territory of the Commonwealth, to all political and other rights, powers and privileges to which a natural-born British subject is entitled;“aliens registration officer” means any aliens registration officer appointed for the purposes of these Regulations;
* Notified in the
Commonwealth Gazette on 25th August, 1939.
3194.—Price 8d.
“enemy alien” means a person who, not being either a British subject or a person specified in paragraph (
b )of the definition of “alien”, or a person enjoying His Majesty’s protection, possesses the nationality of a State at war with His Majesty;“officer” means a member of the police force of the Commonwealth or of a State or Territory of the Commonwealth, or an officer of Customs, or an officer of the Department administering these Regulations, or any person authorized by the Minister to exercise the powers conferred on officers by these Regulations;
“the war” means any war in which His Majesty is at any time engaged.
(2.) In these Regulations, any reference to a Form shall be read as a reference to a Form in the Schedule to these Regulations.
(
a )Consuls representing any foreign country, and their staffs in so far as the staffs comprise persons who have been sent by the Government of the foreign country for employment upon the staff of the Consulate, and their wives;(
b ) aliens exempted by or under the authority of the Minister; and(
c ) the master and crew of any public vessel of any Government.
Part II.—Registration.
(2.) Every alien who enters Australia as a passenger in, or as the master or a member of the crew of, an oversea vessel shall, immediately after the arrival of the vessel at the first port of call in Australia, unless he is exempted or deemed to be exempted by or under these Regulations, register himself as an alien in accordance with these Regulations, and shall not land before he has so registered himself.
(3.) Every child of an alien
resident in Australia, not being a child who is a natural-born British subject,
shall, within three months after he attains the age of sixteen years, register
himself as an alien in accordance with these Regulations, unless he is exempted
or deemed to be exempted by or under these Regulations, and if any such child
does not so register himself within the time allowed, the parent, or person
standing to him
(
a ) the notice in the prescribed form, in triplicate;(
b )his certificate of registration (if he has been registered under these Regulations during a previous visit to Australia, and if his certificate was not taken from him on his departure from the Commonwealth); and(
c ) his passport (if he be a passenger or a member of the crew not signed on in Australia but due for discharge in a port in Australia):
Provided that a master or member of the crew of a vessel who holds a certificate of registration under these Regulations issued to him on his last previous voyage to Australia shall not be required to prepare notices in accordance with this sub-regulation.
(2.) The master of every oversea vessel, other than a public vessel of any government, shall, immediately on arrival at the first port of call, furnish, to an aliens registration officer or other officer acting under these Regulations, a list showing the number and names of the crew, and their nationality and race, and produce the vessel’s articles.
(3) The master of every vessel shall afford to all aliens registration officers and other officers acting under these Regulations every facility for performing their duties, and shall permit any such officer at any time to enter the vessel and to search every part of her, and shall muster the crew of the vessel whenever he is required to do so by an aliens registration officer.
(4.) The master of a vessel who—
(
a )refuses or neglects to afford all reasonable facilities to an officer for the performance of his duties; or(
b )refuses or neglects on demand to deliver forthwith to an officer any list required by these Regulations; or(
c ) delivers to an officer any list or statement which is incorrect in any material particular,
shall be guilty of an offence against these Regulations.
(5.) A person (not being the owner, agent or charterer of the vessel or a person employed by him and not being an officer of the Commonwealth in the execution of his duties) shall not board any oversea vessel in Australia at her first port of call, or communicate with any alien, on board an oversea vessel at her first port of call in Australia, before the registration in accordance with these Regulations of all aliens on board has been completed.
(2.) Any person who has possession of a certificate of registration issued to a deceased alien shall, forthwith on demand made by an officer, hand the certificate to the officer.
(3.) An officer may require any alien who is about to leave Australia to give up to him his certificate of registration, and the alien shall give up his certificate accordingly.
Name.
Nationality.
Date of arrival.
Previous place of abode.
If arrived by vessel, name of vessel.
Date of departure.
If departing by vessel, name of vessel.
Destination on departure.
(2.) If the keeper of an hotel, inn, boardinghouse, or lodginghouse, fails to provide himself with a register, or to ascertain and enter therein the particulars specified in sub-regulation (1.) of this regulation in respect of an alien staying at his premises, or if he makes any entry in any such register which he knows, or could by the exercise of reasonable diligence have ascertained, to be false, he shall be guilty of an offence against these Regulations.
(3.) The keeper of every hotel, inn, boardinghouse, or lodging-house shall also, if directions for the purpose are issued by an aliens registration officer, make to that officer such returns as to the particulars specified in sub-regulation (1.) of this regulation, at such times, or intervals, and in accordance with such form, as are specified in the directions.
(4.) It shall be the duty of every person who stays at an hotel, inn, boardinghouse, or lodginghouse, to furnish to the keeper thereof, and sign, a statement containing such information as the keeper requires for the purpose of compiling the register.
(5.) Every register kept under this regulation shall at all reasonable hours be open to inspection by any officer or aliens registration officer, or any other person authorized by an aliens registration officer.
(6.) For the purposes of this regulation, the expression “keeper of a lodginghouse” shall include any person who for reward receives any other person to lodge with him or in his house, and where any hotel, inn, boardinghouse, or lodginghouse is under the management of a manager, the expression “keeper” shall in relation thereto include the manager.
(7.) The fact that the rooms or any of the rooms in a house are let unfurnished shall not prevent the house from being deemed to be a lodginghouse for the purpose of this regulation.
Part III.—Control of Travel and Movement.
(
a ) prohibit the landing of an enemy alien in the Commonwealth, or in any Territory of the Commonwealth, except with the permission of an approved authority; and(
b )prohibit the landing of any alien (except from a coasting vessel or an aircraft travelling interstate or intrastate) at any port or aerodrome not being an approved port or aerodrome.
(2.) An approved authority, if in his opinion the landing of an alien would be detrimental to the interests of the defence of the Commonwealth, may prohibit the landing of that alien at an approved port or aerodrome.
(3.) An alien who lands in the Commonwealth or in any Territory of the Commonwealth in contravention of an order or prohibition issued in pursuance of this regulation may be detained as directed by an approved authority, and while so detained shall be deemed to be in legal custody.
(4.) In this regulation—
(
a ) the expression “approved authority” means an authority approved for the purpose by the Minister; and(
b )the expression “approved port or aerodrome” means a port or aerodrome which is specified by the Minister in an order issued under sub-regulation (1.) of this regulation.
(
a ) any firearms or other weapons, ammunition or explosives;(
b ) any camera or surveying apparatus;(
c ) any apparatus or contrivance intended or capable of being used for signalling (whether visual or otherwise);(
d ) any carrier or homing pigeon;(
e ) any motor car, motor cycle or aircraft; or(
f ) any cipher, code or other means of conducting secret correspondence.
(
a ) an alien shall not embark (except on a coasting vessel or an aircraft travelling interstate or intra-state) at any port or aerodrome not being an approved port or aerodrome; and(
b ) an enemy alien shall not leave Australia or any Territory of the Commonwealth except with the permission of an approved authority.
(2.) An alien who embarks or attempts to embark in contravention of an order or prohibition issued in pursuance of this regulation may be detained as directed by an approved authority, and while so detained shall be deemed to be in legal custody.
(3.)Any constable or any Commonwealth officer, if he considers it necessary in the interests of the defence of the Commonwealth so to do, may prevent an alien from embarking on any ship, vessel or aircraft.
(4.) In this regulation—
(
a ) the expression “approved port or aerodrome” means a port or aerodrome which is specified by the Minister in an order issued under sub-regulation (1) of this regulation;(
b )the expression “approved authority” means an authority approved for the purpose by the Minister;(
c ) “constable” includes any member of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth, and any Peace Officer appointed in pursuance of thePeace Officers Act 1925; and(
d ) “Commonwealth officer” means any person holding office under the Commonwealth, and includes any person permanently or temporarily employed in the Public Service of the Commonwealth or in, or in connexion with, the Naval, Military, or Air Forces of the Commonwealth, or in the service of any authority or body constituted by or under any Act.
(2.) The notice shall be given by the alien properly completing a notice (in triplicate) in accordance with Form C and attending in person with such notices before that aliens registration officer:
Provided that, if the place of abode of the alien is distant more than ten miles from the office of that officer, it shall be sufficient if the notices are sent to him by post or messenger.
(3.) If the alien does not change his place of abode in accordance with the particulars stated in the notice, he shall forthwith inform the aliens registration officer of the cancellation of his intended change of abode, or of any alteration in the intended date of his change of abode or in his intended new place of residence as the case may be.
(4.) An alien shall, within seven days after acquiring a new place of abode, attend in person before the aliens registration officer nearest to his new place of abode, and bring with him his certificate of registration. The aliens registration officer at that place may, if he thinks fit, require the alien to complete and sign three copies of a notice in accordance with Form C, and the alien shall complete and sign the copies accordingly.
(5.)An alien arriving in Australia, who acquires a place of abode in Australia, shall, within seven days after so acquiring a place of abode, give notice thereof to the aliens registration officer nearest thereto.
(6.) The notice provided by sub-regulation (5) of this regulation shall be given by the alien properly completing a notice (in triplicate) in accordance with Form C, and attending inperson therewith and with his certificate of registration before that aliens registration officer.
(7.) An alien who, not having a place of abode in Australia, travels in Australia without acquiring a place of abode, or who, having a place of abode in Australia, travels in Australia without changing his place of abode, may, subject to the conditions specified in the certificate, be granted a Certificate of Exemption, in accordance with Form D, from reporting his temporary change of residence.
(2.) In this regulation the expression “police district” means an area in charge of or patrolled by the police stationed at a police station.
Part IV.—Control of Residence.
(
a ) require enemy aliens to reside in any place or area specified in the order;(
b ) prohibit aliens from residing in any place or area;(
c )require enemy aliens to report at the times and places and in the manner specified in the order;(
d )direct that no enemy alien shall be outside his residence during the hours specified in the order; and(
e ) prohibit or regulate the display by aliens of lights of any description specified in the order.
Part V.—Internment of Enemy Aliens.
Past VI—Control of Possessions and Employment.
(
a ) Firearms, weapons, ammunition or explosives, or material used in the manufacture of any of them;
(
b )Petroleum spirit, naphtha, benzol, petroleum or other inflammable liquid in a quantity greater than is specified in the order;(
c ) Any apparatus or contrivance intended or capable of being used for signalling (whether visual or otherwise);(
d ) Carrier or homing pigeons;(
e ) Motor cars, motor cycles, motor boats, yachts or aircraft;(
f ) Telephones;(
g ) Broadcasting transmitters or receivers.(
h ) Cameras or other photographic apparatus;(
j ) Any cipher, code or other means of conducting secret correspondence;(
k ) Any naval, military or air force charts, maps or hand-books; and(
l ) Any other article or thing specified in the order.
Part VII.—Control of Assembly, Propaganda, etc.
(
a )prohibit the holding of any meetings, processions or demonstrations by enemy aliens;(
b )prohibit the publication in an enemy alien language of any newspaper or other publication;(
c ) prohibit enemy aliens from—(i) spreading reports in regard to the war; or
(ii) including in correspondence any naval, military or air force information; and
(
d )require enemy aliens to submit to an authority specified in the order, all communications to addresses overseas.
Part VIII.—Miscellaneous.
on which these Regulations come into force unless he has, in accordance with these Regulations, previously notified the aliens registration officer nearest to his place of abode that it is his intention so to do.
(2.) The notification shall be given by the alien properly completing a notice, in duplicate, in accordance with Form E, and producing in person to the aliens registration officer such notice and the certificate of his registration as an alien.
(
a ) the signature of any person who is or has been an officer acting under or in pursuance of these Regulations; and(
b ) the fact that such a person is or has been such an officer,
if the signature purports to be attached or appended to any document produced in evidence.
(2.) Every delegation by the Minister shall be revocable in writing at will, and no delegation shall prevent the exercise of any power by the Minister.
(2.)An offence against these Regulations may be prosecuted either summarily or upon indictment, but an offender shall not be liable to be punished more than once in respect of the same offence.
(3.)The punishment for an offence against these Regulations shall be—
(
a ) if the offence is prosecuted summarily—a fine not exceeding One hundred pounds or imprisonment for a term not exceeding six months, or both; or(
b )if the offence is prosecuted upon indictment—a fine of any amount or imprisonment for any term, or both.
(4.)For the purpose of the trial of a person summarily or upon indictment for an offence against these Regulations, the offence shall be deemed to have been committed either at the place in which it was actually committed or (subject to the Constitution) at any place in which the person may be.
(5.) A Court may order, in addition to any other punishment, the forfeiture of any money or goods in respect of which an offence against these Regulations has been committed.
THE SCHEDULE
Regulation 5.
Commonwealth of Australia.
Form A1.
FORM OF APPLICATION FOR REGISTRATION.
(For Alien Resident in Australia.)
This form is to be filled up (except as to signature and thumb-print) in triplicate, and the alien is to attend in person, with the triplicate forms, before the member of the Police Force in charge of the Police Station nearest to his
The
Schedule—
usual place of abode, and, in his presence, sign the application and allow an impression of his thumb-print to be taken, if required.
Name
(
(
Nationality.................................................................. Sex................................................................
Birthplace................................................................... Date of birth..................................................
Place of abode...........................................................................................................................................
Place of business (if any)..........................................................................................................................
Occupation.................................................Married/Single (
Strike out the term that does not apply. )
Date of entry into Australia.................................................... Name of Ship....................................
Port of debarkation.................................................................
Height.................................................ft........................in. Colour of eyes........................................
Colour of hair..................................................................... Build.......................................................
Notable marks....................................................................
Remarks—
| Date of application……………………………… |
| |
( | |
Certificate issued—No………………………….. | |
Date……………………………………………… | |
Remarks…………………………………………. | |
…………………………………………………… | |
Signature of Aliens Registration Officer | |
Police Station……………………………………. |
Commonwealth of Australia.
Regulation 6.
Form A2.
FORM OF APPLICATION FOR REGISTRATION.
(For aliens entering Australia in Oversea Vessel.)
Three copies of this form are to be filled up (except as to signature and thumbprint mark), and the alien is to attend in person, immediately after the arrival of the vessel at the first port of call in Australia, before an Aliens Registration Officer on board the vessel, with the following documents: —
(
a ) three copies of this form;(
b ) his Certificate of Registration (if he has been registered under these Regulations during a previous visit to Australia, and if his certificate was not taken from him on his departure from Australia); and(
c )his passport (if he is a passenger or a member of a crew not signed on in Australia but due for discharge in an Australian port).
Name
(
(
Nationality..................................................... Sex.......................................................................
Birthplace...................................................... Date of birth........................................................
Name of vessel.............................................. Port at which alien embarked
…………………………………………….
The Schedule.—
Place of abode (abroad).............................................
(In case of Passengers) Place of business (if any)….........................................................................
(In case of Passengers) State if temporary or permanent residence in Australia proposed; if temporary, add purpose of visit..................................................................................................
(In case of Passengers) Intended place of abode (if any) in Australia (address to be stated as fully as possible).................................................................................................................................
Occupation........................................................... Married/Single (
Strike out the term that does not apply. )
Particulars of passport (if any)—No................ Date..................................Place of Issue.........................
If previously registered and in possession of certificate—No. of certificate………………………….....
Date………………….......................................... Place of issue.....................................................
Height.............................ft..............................in. Colour of eyes.....................................................
Colour of hair..................................................... Build....................................................................
Notable marks....................................................
Remarks—
Left thumb-print if required. (Impression to be made in presence of Aliens Registration Officer.) |
|
| |
| |
| |
| |
| |
| |
|
Commonwealth of Australia.
Regulation 8.
Form Bl.
CERTIFICATE OF REGISTRATION OF ALIEN
(For alien resident in Australia and for alien passenger entering Australia in Oversea vessel.)
Name of holder..........................................................................................................................................
Nationality claimed................................... Date of birth................................................................
Occupation.................................................................................................................................................
Date of entry into Australia........................................................................................................................
Place of abode (abroad).............................................................................................................................
(In case of passenger entering Australia state home address.)
(In case of alien passenger only—Name of vessel........................................................................, port at which embarked in her............................................; intended place of abode (if any) in Australia............................................................................................................................).
Signature of holder........................................................
Left thumb-print.
Height....................................ft............................in. Colour of eyes................................................
Colour of hair.......................................................... Build...............................................................
Notable marks........................................................
Remarks.................................................................
Date of issue..........................................................
…………………………………………………...
Signature of Aliens Registration Officer.
Police Station or port.....................
The
Schedule—
Notice to Aliens.
If an alien does not change his place of abode in accordance with the particulars stated in the notice furnished by him, he must forthwith inform the officer of the cancellation of his intended change of abode, or of any alteration in the intended date of his change of abode, or in his intended new place of residence, as the case may be.
Note.—Failure to observe the abovementioned requirements renders an alien liable to a penalty of £100 or six months’ imprisonment.
(
Registered Changes of Abode.
New address...............................................................................................................................................
Registered at........................................................... Date...........................................................................
Signature of Aliens Registration Officer.
Commonwealth of Australia.
Regulation 8.
Form B2.
CERTIFICATE OF REGISTRATION OF ALIEN SEAMEN.
(For alien seamen entering Australia in oversea vessel.)
Name of holder..........................................................................................................................................
Nationality claimed.................................................... Date of birth..........................................................
Place of abode............................................................................................................................................
(
Signature of holder…………………………………………………….....................................................
Left thumb print.
Height........................................................................... Colour of eyes................................................
Colour of hair............................................................... Build...............................................................
Notable marks.............................................................. Remarks..........................................................
Date of issue................................................................. Name of vessel…...........................................
……………………………………………………….
Signature of Aliens Registration Officer.
Police Station or port…………………….............
Notice to Alien Seamen.
An alien seaman serving on an overseas vessel is not allowed to land unless he has on his person his Certificate of Registration.
He is not required to report to the Aliens Registration Officer at subsequent ports of call on the same voyage; but if he visits Australia on a later voyage, he is required to register at the first port of call.
If he is discharged in an Australian port, and afterwards acquires a place of abode in Australia, he is required to register, within seven days after so acquiring a place of abode, with the Aliens Registration Officer at the Police Station nearest to the place.
Penalty: £100 or six months’ imprisonment.
The
Schedule—
(
Date Landed or Registered. | Port. | Name of Vessel. |
……………………………………………………..
Signature of Aliens Registration Officer.
(
Registered Changes of Abode.
New address...............................................................................................................................................
Registered at...........................................................................Date...........................................................
…………………………………………………………………
Signature of Aliens Registration Officer.
Commonwealth of Australia.
Regulation 16.
Form C.
NOTICE OF CHANGE OF ABODE.
To the Aliens Registration Officer at
Take notice that I [
I am registered as an alien of nationality under the Aliens Registration Regulations, the number of the certificate issued to me at being
Signature of alien.
Date 19
(
Signature of A.R.O. at old place of abode…………………………………………………………….....
Date notice sent to A.R.O. at new place of abode.....................................................................................
Signature of A.R.O. at new place of abode...............................................................................................
Name of place.............................................. Date alien reported..............................................................
* In case of person who has no previous place of abode in Australia, write here—“Having landed from the SS. at on
In case of person who has had no previous place of abode in Australia, in place of “intend to change my place of abode to” write—“have taken up my abode at”.
‡In case of person leaving Australia, state country of destination, port of embarkation, name of ship, proposed date of departure, e.g., “England, leaving Sydney per SS. On / /19 ”.
The
Schedule—
Commonwealth of Australia.
Regulation 16.
Form D.
EXEMPTION FROM NECESSITY OF REPORTING TEMPORARY CHANGE OF RESIDENCE.
Granted to..................................................................................................................................................
Nationality..................................................................................................................................................
Holder of Certificate No........................................issued at.......................................................................
Remarks.....................................................................................................................................................
(Signature)………………….................................
Aliens Registration Officer.
(Station)…………………….................................
Conditions of Exemption.
This exemption only applies whilst the grantee, if he has no place of abode in the Commonwealth, travels in the Commonwealth without acquiring a place of abode, or, if he has a place of abode in the Commonwealth, travels in the Commonwealth without changing his place of abode. Whilst so travelling he shall carry his Certificate of Registration with him and produce it to an officer when so required. If he acquires a new place of abode he must give notice as directed in the notes printed on the certificate.
Commonwealth of Australia.
Regulation 26.
Form E.
NOTICE OF CHANGE OF NAME.
To the Aliens Registration Officer at
Take notice that I [
I am registered as an alien of nationality, and my Certificate of Registration, which is numbered , was issued to me at
Signature of alien...................................................
Date.........................................
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
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