Immigration Act 1949 (Cth)

IMMIGRATION.

 

No. 31 of 1949.

An Act to amend the Immigration Act 1901–1948, and for other purposes.

[Assented to 12th July, 1949.]

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 and citation.

1.—(1.) This Act may be cited as the Immigration Act 1949.

(2.) The Immigration Act 1901–1948 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Immigration Act 1901–1949.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Certificate to enter or remain temporarily.

3. Section four of the Principal Act is amended—

(a) by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) The Minister or an authorized officer may issue a certificate of exemption in the prescribed form authorizing the person named in the certificate (being a prohibited immigrant or an immigrant who may be required to pass the dictation test) to enter or remain in the Commonwealth, and the person named in the certificate shall not, while the certificate is in force, be subject to any of the provisions of this Act restricting entry into or stay in the Commonwealth.”; and

 

(b) by omitting sub-section (4.) and inserting in its stead the following sub-section:—

“(4.) Upon the expiration or cancellation of any such certificate, the Minister may declare the person named in the certificate to be a prohibited immigrant and that person may thereupon be deported from the Commonwealth in pursuance of an order of the Minister.”.

Validation of certificates issued prior to this Act.

4.Where, before the commencement of this Act, a person (being a person empowered by or under the Immigration Restriction Act 1901, or by or under that Act as amended, to issue certificates of exemption) purported to issue a certificate of exemption to a person named in the certificate (being, at the time when the certificate was issued, a prohibited immigrant or an immigrant who might be required to pass the dictation test) and—

(a) the person named in the certificate was at the commencement of this Act, an immigrant; or

(b) the certificate purported to have been in force at any time within the period of two years immediately preceding the commencement of this Act,

the certificate shall be deemed to have been validly issued, and the provisions of the Principal Act, as amended by this Act, shall apply to and in relation to the person named in the certificate, and to and in relation to the certificate, as if the certificate had been issued under the Principal Act as so amended.