Immigration Regulations (Cth)
STATUTORY RULES.
REGULATIONS UNDER THE IMMIGRATION ACT 1901-1932.
I, THE DEPUTY OF 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
Dated this twenty-third day of September, 1932.
PHILIP GAME
Deputy of the Governor-General.
By His Excellency’s Command,
ARCHDALE PARKHILL
Minister of State for the Interior.
Regulations under the Immigration Act 1901-1932.
(2.) Any reference in these Regulations to a Form shall be read as a reference to a Form in the Schedule to these Regulations.
(2.) The passenger shall, on demand by an officer, acknowledge his signature and state whether the particulars contained in the statement are true and correct.
(3.) Any alien passenger who makes a false statement in supplying information required by Form A, or presents to an officer a statement in accordance with Form A which is false in any particular, shall be guilty of an offence against these Regulations.
(4.) This regulation shall not apply to—
(
a ) a foreign Consular Officer or a public officer of a foreign State duly accredited to the Commonwealth;(
b ) a wife accompanying her husband; and(
c ) a child under sixteen years of age accompanying his or her parent.
3006.—Price 8d.
(5.) In any prosecution for an offence against this regulation, the production of a paper purporting to be a declaration made and signed by the defendant shall be evidence that the declaration was made by the defendant and presented by him to an officer if the officer producing the declaration proves that it was presented to him by the defendant, and that the defendant either signed the declaration in his presence or acknowledged to the officer that it had been signed by him.
(2.) The grantee of a landing permit may, on production of the permit and subject to the Act and these Regulations and the conditions specified in the permit, be permitted to enter the Commonwealth.
(3.) The fee for issue of a landing permit shall be One pound.
(2.) This regulation shall not affect the liability of any person under section 9 of the Act.
(
a ) possessed of a passport, or certificate of identity in lieu of a passport;(
b ) possessed of a landing permit, or re-entry permit;(
c ) possessed of a certificate of exemption;(
d ) possessed of a certificate exempting from the dictation test;(
e ) possessed of a certificate of naturalization, as defined in section 12b of the Act;(
f ) possessed of a certificate of birth, as defined in section 12b of the Act; or(
g ) duly accredited to the Government of the Commonwealth by the Imperial or any other Government, or sent by any Government on any special mission,
shall, when required by an officer, produce the passport, certificate, permit, or his credentials, as the case may be.
(2.) The applicant shall furnish with his application, certificates of character by at least two reputable citizens of the Commonwealth, and six unmounted and unretouched photographs of himself—three of his full face and three of his profile.
(3.) The certificate shall contain all matters necessary in the opinion of the Collector, or the authorized officer, as the case may be, for the identification of the holder, and may be in accordance with Form C.
(4.) The certificate shall be in duplicate, and one part shall be delivered to the applicant and the other part shall be retained.
(5.) The fee for issue of the certificate shall be One pound.
(2.) Any officer thereto authorized in writing by the Minister may issue Re-entry Permits to applicants of a class approved by the Minister on payment of the prescribed fee. The Permit may be in accordance with Form G.
(3.) The fee for issue of a Re-entry Permit shall be One pound and, in the event of such Permit being renewed, a further fee of Ten shillings shall be payable in respect of each year for which the Permit is renewed.
(
a ) refuses to answer any question lawfully put to him by an officer; or(
b ) makes or presents to an officer any statement or document which is false in any particular,
shall be guilty of an offence.
(2.) In any proceedings for an offence against this regulation, the burden of proving the truth of the statement in respect of which the proceedings have been instituted, or the genuineness of the document presented, shall rest on the person accused.
(3.) Proceedings under this regulation may be taken before a court of summary jurisdiction, and may be commenced at any time within three years after the commission of the offence.
(
a ) a certificate of exemption which does not relate to him; or(
b ) any passport, certificate, permit, credentials, or identification card, referred to in the Act or in these Regulations, and not relating to him; or(
c ) any such passport, certificate, permit, credential or identification card which is forged or false,
shall be guilty of an offence against these Regulations.
(2.) The person summoned may appear either personally or by counsel.
(2.) An affirmation so made shall be of the same force and effect, and shall entail the same liabilities, as an oath.
(2.) It shall be a defence to a prosecution under this regulation for failing without reasonable excuse to produce any documents, books, or writings if the defendant proves that the documents, books, or writings were not relevant to the inquiry.
Penalty: One hundred pounds or imprisonment for six months.
(2.) The master and the medical officer (if any) of the vessel shall make and sign a statement in writing on the list stating, to the best of their knowledge and belief, as to each of the passengers, whether he or she is insane, idiotic, deaf and dumb, blind, infirm, or destitute, or is suffering from any infectious or contagious disease of a loathsome or dangerous character, or is suffering from any other disease or mental or physical defect likely to cause him or her to become a charge upon any public or charitable institution.
(3.) The master or medical officer of a vessel who refuses or neglects to make and sign the statement required by this section, or who makes or signs any statement under this section which is incorrect in any material particular, shall be guilty of an offence against these Regulations.
(4.) The furnishing by the master of a vessel of a
list of incoming passengers in accordance with the
(2.) The master of the vessel shall, if required by an officer, deliver to an officer at her first port of entry in the Commonwealth a list showing the respective names and nationalities of all aliens on board who are not bona fide passengers (in the case of a ship which carries passengers) or who are not seamen whose names appear on the vessel’s articles as seamen for discharge at a port beyond the Commonwealth.
(3.) The master of the vessel shall, if required by an officer, deliver to an officer at any port in the Commonwealth, a certificate stating whether all the alien members of the crew who were on board on the vessel’s arrival at the first port of call in Australia, are still on board, and giving the names of any who may be absent and the reasons for such absence.
34. 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 to deliver to an officer any list or certificate required by these Regulations; or(
c ) delivers to an officer any list or statement which is incorrect in any material particular; or(
d ) refuses or neglects to comply with a request made by an officer in pursuance of regulation 33 of these Regulations,
shall be guilty of an offence against these Regulations.
35. Any summons directed to the master of any vessel upon an information for any offence against the Act or these Regulations shall be deemed to be duly served on the master if the summons is delivered to a person authorized by the master to accept service of process on his behalf.
36.—(1.) Any officer may prevent any member of the crew of a vessel, other than a public vessel of a Government, arriving at any port in the Commonwealth from parts beyond the Commonwealth, from landing during the vessel’s stay at that port unless the identification card of that member has been produced to the officer on demand, and may without warrant arrest any member who attempts to land before his identification card has been so produced.
(2.) In any case where any such member whose identification card has not been produced to the officer on demand lands at any Australian port the master of the vessel and the member of the crew shall each be guilty of an offence against these Regulations.
37— (1.) Any officer may prevent any member of the crew of a vessel, other than a public vessel of a Government, arriving at any port in the Commonwealth from parts beyond the Commonwealth, from landing during the vessel’s stay at such port unless he is satisfied that such member of the crew is free from a communicable disease; and to enable the officer to become so satisfied, he may make any physical examination, either personally or with the assistance of a Quarantine Officer or medical practitioner, and may ask such questions as are in his opinion necessary in connexion with the matter.
(2.) In any case where any such member of the crew who has been found to be suffering from a communicable disease lands at any Australian port without permission from an officer, the master of the vessel and such member of the crew shall be guilty of an offence against these Regulations.
38.
With regard to paragraph (
chronic alcoholism;
paralysis;
cancer or other malignant growths;
chronic rheumatism;
scabies.
(
a ) are produced out of the custody of a police or prison officer of a State of the Commonwealth or a territory under the authority of the Commonwealth; and(
b ) purport to be certified under the hand of any police or prison officer, or like authority, in any place beyond the Commonwealth.
THE SCHEDULE.
Form A.
COMMONWEALTH OF AUSTRALIA.
PERSONAL STATEMENT BY ALIEN PASSENGER.
By Regulation 4 of the Immigration Regulations, this statement must be furnished, to the Customs Boarding Officer or other authorized Officer at the first port of call in Australia by every alien passenger arriving from overseas.
Note.—The following persons are exempt from furnishing the statement—
(
a ) Any foreign Consular Officer or public officer of a foreign State duly accredited to the Commonwealth;(
b ) Any wife accompanying her husband; and(
c ) Any child under sixteen years of age accompanying his or her parent.
(I.) The answers must be given in English, and should be written clearly and legibly in ink.
(II.) If the reply to any question is in the negative, the answer “No” must be given.
(III.) Any alien member of a crew of an overseas ship who desires to be discharged at any Australian port shall, before being paid off, fill in and sign the subjoined personal statement, and lodge it with a Customs Officer at his port of discharge.
(IV.) In order to avoid any confusion and delay to the person arriving in Australia, the personal statement should be properly filled in and signed in readiness to hand to the Customs Officer when the vessel arrives at the first port in Australia. The passenger will be required, on demand by an Officer, to acknowledge his signature and to state whether the particulars contained in the statement are correct. If required, he shall also furnish a fresh signature.
1. | Surname | ||||||
2. | Christian name | ||||||
3. | Place of birth | (Town) | (Country). | ||||
4. | Date of birth | ||||||
5. | Nationality | ||||||
6. | Race | ||||||
7. | Particulars of passport or permit held— | ||||||
( | ( | ||||||
( |
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( | |||||||
8. | Married or single | ||||||
9. | If accompanied by wife and/or children under the age of 16 years, give particulars of each— | ||||||
Wife | |||||||
| (1) | ||||||
,, | (2) | ||||||
,, | (3) | ||||||
10. Last permanent address abroad
11. Occupation or profession
12. Intended occupation in Australia
13. Personal description (extract from passport)
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14. —
(
a ) Do you intend to settle in Australia?(
b ) If temporary business visit, state intended duration(
c ) If tourist visit, state intended duration
15. If you have
( | in Australia, give names and addresses of two. | |||||||
( | ||||||||
| (1) | |||||||
,, | (2) | |||||||
| ||||||||
,, | ,, |
| (2) | |||||
16. Proposed permanent address in Australia. (If not known, state temporary address)
17. What amount of
money your own
18. Are you and any dependants accompanying you in sound mental and physical health. (If not, state disability.)
| |
( | In what country. |
( | |
( | |
20. Are you a Reservist . If so, state in what unit
21. Have you previously resided in Australia . If so, state period of residence date of leaving Australia port of departure
Declaration.
I hereby declare that I understand the above questions, and that the answers given by me to the questions are true and correct. I undertake that while in Australia I will faithfully observe and obey the laws of Australia.
Signature
Date
Correctness of signature and particulars herein acknowledged by the declarant before me at at this 19. .
Officer of Customs.
Form B.
Commonwealth of Australia.
APPLICATION FOR CERTIFICATE EXEMPTING FROM DICTATION TEST.
Sir,
I
hereby apply for a certificate under section 4b of the
I wish to visit for months.
I attach certificates of my character, and six unmounted and unretouched photographs of myself (three full face and three profile).
I undertake and intend not to bring
with me or to introduce into the Commonwealth on my return to the Commonwealth
any relative who is not possessed of an unexpired or unrevoked certificate,
excepting him or her from the provisions of paragraph (
If my application is granted, please intimate the fact to me at the above address.
Yours faithfully,
The Collector H.M. Customs.
Note.—The Statutory
declaration should set out the length of residence in
Australia and
should verify all documents
accompanying the
application, and should be in the form required by the
Form C.
Commonwealth of Australia.
CERTIFICATE EXEMPTING FROM THE DICTATION TEST.
I, the
Collector of Customs for the State of in the said Commonwealth, hereby
certify that hereinafter
described, who is leaving the Commonwealth temporarily, will be exempted from
the provisions of paragraph (
Date Collector of Customs.
Nationality— | Birthplace— |
Age— | Complexion— |
Height— | Hair— |
Build— | Eyes— |
Particular marks— | |
(For thumb prints see back of this document.) | |
Full face. | Profile. |
Date of Departure— | Port of embarkation— |
Ship— | Destination— |
Date of Return— | Ship— |
Port— | |
Customs Officers.
Form D.
Form No. 2. No.
Commonwealth of Australia.
Port of
State of Date of issue 19 .
CERTIFICATE OF EXEMPTION.
This is to certify that who
is described hereunder, is exempted from the provisions of the
Nationality | Birthplace | Age |
Particular marks | ||
Occupation | ||
Signature of person exempted | ||
| ||
(See other side.)
(To be printed on back of form.)
Note.—This certificate must be retained by the person to whom it is issued while he or she remains in Australia, but must be returned to the Customs authorities at the expiration of the stated period of exemption or on the holder’s departure from the Commonwealth.
Section 4 of the Act states:—“4. A certificate of exemption shall be expressed to be in force for a specified period only, and may at any time be cancelled by the Minister by writing under his hand.
“Upon the expiration or cancellation of any such certificate, the person named therein shall, if found within the Commonwealth, be deemed to be a prohibited immigrant offending against this Act, and may be deported from the Commonwealth pursuant to any order of the Minister . . . .”
Regulation No. 17 states:—“17. Any person who, with intent to contravene or evade the Act, or these Regulations, or without just cause or excuse, transfers or delivers up to any other person any passport, certificate, permit, credentials, or identification card referred to in the Act or in these Regulations shall be guilty of an offence against these Regulations.”
Regulation No. 43 states:—“43. Any person who is guilty of an offence against these Regulations is, under section eighteen of the Act, liable, upon summary conviction, to a penalty not exceeding £50, and, in default, of payment, to imprisonment with or without hard labour for any period not exceeding three months.”
Form E. | ||
IDENTIFICATION CARD. | ||
Ship | Full face. | Side face. |
Name of person | ||
No. on Articles | ||
Employed as | ||
Nationality | ||
Age Height | Left Thumb. | Right thumb. |
Particular Marks | ||
Master’s signature. | ||
Form F.
APPLICATION FOR RE-ENTRY PERMIT.
The Collector of Customs,
.....................................................
(To be forwarded to the Collector of Customs at the principal port in the State where applicant resides.)
1. My full name is............................................................................................................
2. Address.......................................................................................................................
3. Occupation...................................................................................................................
4. Birthplace......................................................................................................................
5. Date of birth.................................................................................................................
6. Nationality (if a naturalized citizen of any country, give particulars)
..........................................................................................................................
7. I arrived in Australia from.......................................... ..on the....................day of..........per s.s……………………and landed at.............
8. I am married./ not married.
If married, the following particulars should be furnished:—
(
a ) Wife’s maiden name…………………..Birthplace……………….Husband’s name…………………..Present address………………….(
b ) Children (give names and respective ages and present address).9. I intend leaving Australia to proceed to.......................................................... for the purpose of ...and expect to be absent from Australia for a period of...............................................
10. I shall be accompanied by...........................................................................
(Full names and ages of members of family.)
11. I propose to leave about.............................................................................. , 19.., per s.s , sailing from the port of..............................................................................................
12. I hold Passport No........................................................... issued by ……............................. at...............on................................................................................... , 19...
Note.—If national Passport is not held, but a document in lieu of a Passport such as “Certificate of Identity ” or “Permit to Leave Australia”, alter the word “Passport” accordingly.
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14. I enclose fee of One pound and two unmounted photographs of myself.
* The photographs should be of head and shoulders only, taken without hat and with plain background. They should be about 3 inches by 3½ inches in size. The witness to the signature should certify on the back of one of the photographs that it is a genuine photograph of the applicant. | (Signature)....................................................................... |
(Date)................................................................................. |
CERTIFICATE REGARDING APPLICANT.
Note.—The following persons are authorized to furnish this certificate:—
All Special, Stipendiary or Police Magistrates of the Commonwealth or of a State or of the Northern Territory; all Justices of the Peace; all legally qualified Medical Practitioners; all Ministers of Religion; all Bank Managers (whose recommendations should bear the stamp of bank); and all persons or classes of persons approved by the Minister for the Interior.
I,................................................................. of.................................................................... have known personally the above-named applicant for a period of.................................................................... and believe him/her to be of good character and a proper person to receive a Permit.
To the best of my knowledge and belief the above statements of the applicant are true.
I have certified on the back of one of the photographs furnished by the applicant that it is a genuine photograph.
| (Signature) | ||
(Title) | |||
Date. | 19 | ||
Form G.
Commonwealth of Australia.
RE-ENTRY PERMIT.
No. | Port of Issue | |
Valid until | Date | |
This is to certify that the bearer, M.................................................................. , a resident of Australia who is proceeding abroad temporarily, will be permitted to re-enter Australia within................ year from the date hereof, subject to being in possession of a valid passport or equivalent document.
Note.—This Permit should be retained by the bearer for production and delivery to the Customs officer at port of examination on return to Australia. It does not, however, establish the holder’s right to land in Australia if he should become liable to restriction for reasons of health, character or other cause.
Signature of Bearer— | |||||||||||||||||||||||||
Date and place of birth | |||||||||||||||||||||||||
Nationality claimed | |||||||||||||||||||||||||
Height | Photograph. | ||||||||||||||||||||||||
Eyes | |||||||||||||||||||||||||
Hair | |||||||||||||||||||||||||
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No | |||||||||||||||||||||||||
issued by | |||||||||||||||||||||||||
at | on | 19 | |||||||||||||||||||||||
………………………………………….. | |||||||||||||||||||||||||
Collector of Customs ……………………… on behalf of— | |||||||||||||||||||||||||
Extension. | Secretary, | ||||||||||||||||||||||||
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Canberra, F.C.T. | |||||||||||||||||||||||||
Returned per s.s. | |||||||||||||||||||||||||
Date | |||||||||||||||||||||||||
Customs Officer. | |||||||||||||||||||||||||
port of | |||||||||||||||||||||||||
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
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