Immigration Regulations (Amendment) (Cth)

STATUTORY RULES.

1925. No. 147.

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REGULATIONS UNDER THE IMMIGRATION ACT 1901-1925.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Immigration Act 1901-1925, to come into operation forthwith.

Dated the twenty-ninth day of August, 1925.

FORSTER,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Home and Territories.

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Amendment of Immigration Regulations 1913.

(Statutory Rules 1913, No. 307 as amended to this date.)

After regulation 14b of the Immigration Regulations the following heading and regulations are inserted:—

“Proceedings before a Board appointed under Section 8aa or 8ab of the Act.

Power to summon witnesses and require production of documents.

“14c. A member of a Board appointed under Section 8aa or 8ab of the Act may, by writing under his hand, summon any person to attend the Board at a time and place named in the summons and then and there to give evidence and to produce any books, documents or writings in his custody or control which he is required by the summons to produce.

Power to examine upon oath.

“14d. A member of any such Board may administer an oath to any person appearing as a witness before the Board, whether the witness has been summoned or appears without having been summoned, and may examine the witness upon oath.

Affirmation in lieu of oath.

“14e.—(1.) Where any witness to be examined before any such Board conscientiously objects to take an oath, he may make an affirmation that the conscientiously objects to take an oath, and that he will state the truth, the whole truth, and nothing but the truth, to all questions that may be asked him.

(2.) An affirmation so made shall be of the same force and effect, and shall entail the same liabilities, as an oath.

Penalty for failing to attend or produce documents.

“14f.—(1.) If any person served with a summons to attend any such Board, whether the summons is served personally or by being left at his usual place of abode, fails without reasonable excuse to attend the Board, or to produce any documents, books, or writings in his custody or control which he was required by the summons to produce, he shall be guilty of an offence.

C.12915.—Price 3d.

 

(2.) It shall be a defence to a prosecution under this regulation for failing without reasonable excuse to produce any documents, books or writing if the defendant proves that the documents, books or writings were not relevant to the inquiry.

Penalty for refusing to be sworn or to give evidence.

“14g. If any person appearing as a witness before any such Board refuses to be sworn or to make an affirmation or to answer any questions relevant to the inquiry put to him by any member of the Board, he shall be guilty of an offence.”

Duty of witness to continue in attendance.

“14h. Every witness who has been summoned to attend any such Board shall appear and report himself from day to day unless excused by the Chairman of the Board, or until he is released from further attendance by the Chairman.

Power of Board in relation to documents produced.

“14i. Any such Board may inspect any documents, books, or writing produced before it, and may retain them for such reasonable period as it thinks fit, and may make copies of such matter as is relevant to the inquiry or take extracts therefrom.

Witnesses to be paid expenses.

“14j. Any witness appearing before any such Board shall be paid such reasonable sum for the expenses of his attendance as is fixed by the Chairman of the Board.

Giving false testimony.

“14k. Any witness before a Board who knowingly gives false testimony touching any matter material in the inquiry being made by the Board shall be guilty of an offence.

Penalty: One hundred pounds or imprisonment for six months.”.

 

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.