Migration Regulations (Cth)

STATUTORY RULES.

1959. No. 35.

 

REGULATIONS UNDER THE MIGRATION ACT 1958.*

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 Migration Act 1958.

Dated this 21st day of May, 1959.

W. J. Slim

Governor-General.

By His Excellency’s Command,

Minister of State for Air

Acting for and on behalf of the

Minister of State for Immigration.

 

MIGRATION REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Migration Regulations.

Parts.

2. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary (Regulations 1-3).

Part II.—Overseas Vessels (Regulations 4-8).

Part III.—Procedure of Commissioners and Prescribed Authorities (Regulations 9-19).

Part IV.—Maintenance Guarantees (Regulations 20-23).

Part V.—Immigrant Centres (Regulations 24-25).

Part VI.—Miscellaneous (Regulations 26-31).

Interpretation.

3.—(1.) In these Regulations, unless the contrary intention appears—

“Commissioner” means a Commissioner appointed under section 14 of the Act;

“the Act” means the Migration Act 1958.

(2.) Any reference in these Regulations to a Form shall be read as a reference to a Form in the Schedule to these Regulations.

Part II.—Overseas Vessels.

Passenger may be required to furnish passenger card.

4.—(1.) An officer may require a passenger on an aircraft arriving from overseas to furnish to the officer a passenger card.

(2.) A requirement under the last preceding sub-regulation may be made at the first port of call in Australia of the aircraft or, if not made at the first port of call, at a subsequent port of call.

* Notified in the Commonwealth Gazette on 28th May, 1959.

3633/59.―Price 10/14.5.1959.

(3.) A passenger on whom a requirement is made under this regulation shall—

(a) forthwith furnish to the officer a passenger card, in such form as the Minister approves as being necessary to provide information required for the purposes of the Act, duly completed and signed by the passenger; and

(b) on demand by the officer, acknowledge his signature on the card.

(4.) A person shall not sign, or present to an officer, a passenger card containing information that is false or misleading.

Master to supply information regarding passengers.

5.—(1.) The master of a vessel, being a ship, which has entered Australia from overseas shall, upon or before arrival at any port with passengers on board for that port, deliver to an officer a list of all the passengers for that port, specifying, to the best of his knowledge, the name, age, sex, nationality, race, port of embarkation and country of birth of each of those passengers.

(2.) The master and the medical officer (if any) of the vessel, being a ship, shall, before the list is delivered to an officer, each make and sign a statement in writing on the list stating, to the best of his knowledge and belief, as to each of the passengers, whether he or she is insane, idiotic, deaf and dumb, blind or infirm, or is suffering from an infectious or contagious disease, or is suffering from any other serious disease or mental or physical defect.

(3.) The delivery to an officer by the master of a vessel, being a ship, of a copy of a true return of incoming passengers for the port furnished by the master in accordance with the Navigation Act 1912-1958, and a copy of the Health Report for the port furnished by the master and the medical officer (if any) in accordance with the Quarantine Act 1908-1950, shall be deemed to be a sufficient compliance with the preceding provisions of this regulation.

(4.) The master of a vessel, being an aircraft, which has entered Australia from overseas shall, upon or before arrival at an airport with passengers on board for that airport, deliver to an officer a list of all the passengers for that port specifying the name and nationality of each of those passengers.

(5.) This regulation does not apply to a vessel of the regular armed forces of a Government recognized by the Commonwealth.

Master to supply information regarding crew.

6.—(1.) The master of a vessel, other than a vessel of the regular armed forces of a Government recognized by the Commonwealth, which enters Australia from overseas shall, if required by an officer at a port—

(a) deliver to the officer a list signed by the master showing the number and names of the crew, and the nationality and race of each member; and

(b)in the case of the master of a ship, produce to the officer the ship’s articles.

(2.) The master of a vessel referred to in the last preceding sub-regulation, being a ship, shall, if required by an officer at the first port of entry of the ship, deliver to the officer a list signed by the master showing

the name and nationality of every person on board who is not a bona fide passenger or a member of the crew whose name appears on the ship’s articles as a member of the crew for discharge at a port outside Australia.

Master to produce deportee if requested.

7. Where a person has been placed on board a vessel for the purpose of deportation from Australia in pursuance of an order made by the Minister under the Act, an officer may, at any time before the vessel’s departure from its last port of call in Australia, require the master to produce to him the deportee, and the master shall not, without reasonable excuse, fail to comply with the requirement.

Offences by master of vessel.

8. The master of a vessel shall not—

(a) refuse or neglect to afford all reasonable facilities to an officer for the performance of his duties; or

(b)deliver to an officer, in pursuance of these Regulations, a list or statement that is incorrect in a material particular.

Part III.—Procedure of Commissioners and Prescribed Authorities.

Power of Commissioner to send for witnesses and documents.

9. A Commissioner appointed under section 14 of the Act may, by writing under his hand, summon any person to attend before the Commissioner at a time and place specified in the summons and then and there to give evidence and to produce any books or documents in his custody or control which he is required by the summons to produce.

Duty of witness to continue in attendance.

10. A person who has been summoned to attend before a Commissioner as a witness shall appear and report himself from day to day, unless excused by the Commissioner.

Arrest of witness failing to appear.

11.—(1.) If a person who has been summoned to attend before a Commissioner fails to attend before the Commissioner as required by the summons or by the last preceding regulation, the Commissioner may, on being satisfied that the summons has been duly served and that reasonable expenses have been paid or tendered to that person, issue a warrant for the apprehension of that person.

(2.) A warrant so issued authorizes the apprehension of the person and his being brought before the Commissioner and his detention in custody for that purpose until he is released by order of the Commissioner.

(3.) A warrant so issued may be executed by a member of the police force of the Commonwealth or a State or Territory of the Commonwealth or by any person to whom it is addressed, and the person executing it has power to break and enter any place, building or vessel for the purpose of executing the warrant.

(4.) The apprehension of a person under this regulation does not relieve him from any liability incurred by him by reason of his failure to attend before the Commissioner.

Witness fees.

12.—(1.) A person who attends in obedience to a summons to attend as a witness before a Commissioner is entitled to be paid witness fees and travelling allowance according to the scale of fees and allowances payable to witnesses in the Supreme Court of the State or Territory in which he is required to attend or, in special circumstances, such fees and allowances as the Commissioner directs (less any amount previously paid to him for his expenses of attendance).

(2.) The fees and allowance are payable—

(a) in the case of a witness summoned at the request of the person to whom the investigation relates—by that person; and

(b) in any other case—by the Commonwealth.

Power to examine on oath or affirmation.

13.—(1.) A Commissioner may administer an oath to a person appearing as a witness before the Commissioner, whether the witness has been summoned or appears without being summoned, and may examine the witness on oath.

(2.) Where a witness conscientiously objects to take an oath, he may make an affirmation that he 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 are asked him.

(3.) An affirmation so made is of the same force and effect, and entails the same liabilities, as an oath.

Offences by witnesses.

14. A person summoned to attend before a Commissioner as a witness shall not—

(a) without reasonable cause fail to attend, after payment or tender to him of a reasonable sum for his expenses of attendance;

(b)refuse to be sworn or to make an affirmation as a witness, or to answer any question when required to do so by the Commissioner; or

(c) without reasonable cause, refuse or fail to produce a book or document which he was required by the summons to produce.

Statements of witness not admissible in evidence against him.

15.—(1.) A statement or disclosure made by a witness in answer to a question put to him during an investigation by a Commissioner shall not (except in proceedings in respect of a false answer) be admissible in evidence against him in any civil or criminal proceedings.

(2.) Where the person to whom an investigation relates gives evidence before the Commissioner, the last preceding sub-regulation does not affect the admissibility of any statement or disclosure made by him as evidence against him in proceedings relating to his deportation.

Representation by counsel, &c.

16.—(1.) In an investigation before a Commissioner, the person summoned to appear and the Minister are each entitled to be represented by a barrister or solicitor or by an agent approved by the Commissioner.

(2.) A barrister, solicitor or agent appearing before a Commissioner may examine or cross-examine witnesses and address the Commissioner.

Offences in relation to Commissioners.

17. A person shall not—

(a)wilfully insult or disturb a Commissioner when exercising powers and functions under the Act;

(b) interrupt the proceedings of a Commissioner;

(c) use insulting language towards a Commissioner; or

(d) by writing or speech use words calculated—

(i) to influence improperly a Commissioner or a witness before a Commissioner; or

(ii) to bring a Commissioner into disrepute.

Protection of Commissioners barristers and witnesses.

18.—(1.) A Commissioner has, in the performance of his duty as a Commissioner, the same protection and immunity as a Justice of the High Court.

(2.) A barrister, solicitor or approved agent appearing before a Commissioner has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.

(3.) A witness summoned to attend or appearing before a Commissioner has the same protection as a witness in proceedings in the High Court.

Procedure of prescribed authorities.

19. The provisions of this Part apply to and in relation to prescribed authorities referred to in section 40 of the Act and proceedings before those prescribed authorities under section 38 or 39 of the Act in like manner as they apply to and in relation to Commissioners and proceedings before Commissioners and as if references in those provisions to a Commissioner were references to a prescribed authority.

Part IV.—Maintenance Guarantees.

Interpretation.

20.—(1.) For the purposes of this Part, the maintenance of a person includes—

(a) accommodation of that person;

(b) surgical or dental treatment of that person; and

(c) an allowance for the maintenance of that person paid to or in respect of that person, including a special benefit payable under Division 6 of Part VII. of the Social Services Act 1947-1958, but not including any other pension, allowance or benefit under that Act.

(2.) Where maintenance consists of the provision of accommodation, goods or services for which a charge is payable, the value of the maintenance shall, for the purposes of this Part, be deemed to be equal to the charge so payable.

Maintenance guarantees may be required.

21.—(1.) The Minister may, in such circumstances as he thinks fit, require maintenance guarantees to be given in relation to persons seeking to enter or remain in Australia.

(2.) A maintenance guarantee shall be given in such form and for such period as the Minister determines.

Effect of maintenance guarantees.

22.—(1.) Where, during the period for which a maintenance guarantee under this Part has been given in respect of a person, maintenance of that person has been provided by the Commonwealth, a State, or a public or charitable institution, or the funds of the Commonwealth, a State or such an institution have been otherwise expended, either directly or indirectly, in respect of the maintenance of that person, an amount equal to the value of the maintenance provided or the funds so expended (less any amount paid in respect of the maintenance by or on behalf of that person) is a debt due and payable to the Commonwealth, the State or the person or body conducting the institution, as the case may be, by the person who gave the maintenance guarantee.

(2.) A debt due and payable under the last preceding sub-regulation may be sued for and recovered in a court of competent jurisdiction by the Commonwealth, the State or the person or body conducting the institution, as the case may be, or by a person authorized by the Commonwealth, the State or that person or body, as the case may be, to sue for and recover such a debt.

(3.) The Minister of State for Social Services may, in his discretion, write off any debt due to the Commonwealth by virtue of this regulation.

Existing maintenance guarantees.

23.—(1.) Subject to this regulation, the provisions of the last preceding regulation apply in relation to maintenance guarantees given before the commencement of these Regulations in accordance with the regulations that were in force under any of the Acts repealed by the Act.

(2.) Notwithstanding anything contained in a maintenance guarantee referred to in the last preceding sub-regulation or contained in the regulations referred in that sub-regulation, an amount paid by the Commonwealth by way of an age, invalid or widow’s pension or of an unemployment, sickness or rehabilitation benefit or allowance to or in respect of the person in relation to whom the maintenance guarantee was given shall not be recoverable by the Commonwealth.

(3.) Nothing in sub-regulation (1.) of this regulation authorizes the recovery under a maintenance guarantee referred to in that sub-regulation of an amount expended in the provision of accommodation for the person in relation to whom the maintenance guarantee was given.

Part V.—Immigrant Centres.

Control of immigrant centres.

24.—(1.) There shall be a Director of each immigrant centre maintained under section 58 of the Act.

(2.) Subject to the directions of the Secretary to the Department of Immigration, the Director of an immigrant centre has the management and control of the immigrant centre on behalf of the Commonwealth and may, in particular—

(a) admit persons to the immigrant centre;

(b) direct a person not to enter the immigrant centre;

(c) direct a person to leave the immigrant centre; and

(d)give such directions to a person with respect to his conduct in the immigrant centre as are, in the opinion of the Director, necessary for the maintenance of order and health, the protection and preservation of property and the comfort of persons accommodated in the immigrant centre.

(3.) A direction under this regulation may be given orally or in writing.

(4.) A person shall not refuse or fail to comply with a direction given to him under this regulation.

(5.) A member of the police force of the Commonwealth or of a State or Territory may, at the request of the Director of an immigrant centre, remove a person from the immigrant centre or prevent a person from entering the immigrant centre.

Canteen services in immigrant centres.

25.—(1.) The Minister may cause to be established and operated at an immigrant centre maintained in pursuance of section 58 of the Act a canteen service for the supply of goods and refreshments to, and the entertainment and reaction of, persons from time to time accommodated at or employed in the immigrant centre.

(2.) The Minister may make arrangements for the establishment and operation of a canteen service referred to in the last preceding sub-regulation by the Australian Army Canteens Service Board established by the Australian Army (Canteens Service) Regulations.

(3.) It is not necessary, under or by reason of any law of a State, to obtain or have any licence or permission for—

(a) keeping intoxicating liquor;

(b)supplying intoxicating liquor, on sale or otherwise, to persons accommodated at or employed in an immigrant centre;

(c) supplying intoxicating liquor, at the expense of persons accommodated at or employed in an immigrant centre, to their guests; or

(d) permitting the consumption of intoxicating liquor,

at a canteen operated in pursuance of these Regulations, or at premises at an immigrant centre used by a club conducted with the approval of the Director of the immigrant centre and consisting of persons accommodated at, or employed in, the immigrant centre, where the keeping, supplying or permitting takes place in the course of the operations of the canteen, or of the club, as the case may be.

Part VI.—Miscellaneous.

Prescribed diseases.

26.The following diseases, and physical and mental disabilities and defects, are prescribed for the purposes of paragraph (c) of sub-section (1.) of section 16 of the Act:—

(a)serious mental deficiency, dementia, insanity, epilepsy, drug addiction, alcoholism;

(b) syphilis, tuberculosis, leprosy, trachoma;

(c) cancer or other malignant condition, extensive paralysis, blindness, deaf mutism, organic disease of the nervous system, leukaemia, primary anaemia.

Search warrant.

27. A search warrant issued under sub-section (3.) of section 37 of the Act shall be in acordance with Form 1.

Notice of intention to act as immigration agent.

28. A notice for the purposes of paragraph (a) of sub-section (1.) of section 47 of the Act shall be in accordance with Form 2 and the information to be contained in the notice is the information indicated in that form.

Maximum fee chargeable by immigration agents.

29. The maximum amount that may be charged by a person for all services rendered or to be rendered by him in relation to an application or representations, or an application and representations, of a kind referred to in paragraph (a) of section 46 of the Act (not being a service of a legal professional character rendered by a legal practitioner) is One pound.

Service of documents.

30.—(1.) A requirement or notice under the Act may be made or given by instrument in writing served on the person to whom it is addressed.

(2.) In cases not otherwise provided for in this regulation, an instrument or document required or permitted by the Act or these Regulations to be served on a person (including a summons to attend as a witness) may be served—

(a) personally on that person;

(b) by registered post at the last-known place of abode of that person; or

(c)by leaving it at the last-known place of abode of that person with some person apparently an inmate of that place and apparently not less than sixteen years of age.

(3.) An instrument or document required or permitted by the Act or these Regulations to be served on the owner, agent or charterer of a vessel may be served at any place of business of the owner, agent or charterer or (in the case of the owner or charterer) at any place of business of the agent of the vessel—

(a) by registered post; or

(b)by leaving it with some person apparently employed at that place and apparently not less than sixteen years of age.

(4.) An instrument or document required or permitted by the Act or these Regulations to be served on the master of a vessel (including a summons to attend as a witness) may be served—

(a) personally on the master; or

(b) by leaving it on board the vessel with an officer of the vessel.

(5). A notice to a person under sub-section (1.) of section 48, 51 or 52 of the Act may be served—

(a) personally on that person;

(b)by registered post at the last-known place of abode, or the last-known place of business, of that person; or

(c)by leaving it at the last-known place of abode, or the last-known place of business, of that person, with some person apparently an inmate of that place, or apparently employed at that place, as the case may be, and apparently not less than sixteen years of age.

(6.) A notice to the Minister under sub-section (3.) of section 14 of the Act shall be served on the Minister by registered post at the office of the Department of Immigration at Canberra in the Australian Capital Territory.

Offences.

31. A person shall not contravene or fail to comply with a provision of these Regulations that is applicable to him.

Penalty: Fifty pounds or imprisonment for three months.

THE SCHEDULE.

Form 1. Regulation 27.

Commonwealth of Australia.

Migration Act 1958.

SEARCH WARRANT.

To (name of officer and capacity by virtue of which he is an officer within the meaning of the Act).

You are hereby authorized, at any time in the day or night, to enter and search any building, premises, vehicle or place in which you have reasonable cause to believe there may be found—

(a) a prohibited immigrant or a deportee, within the meaning of the above-mentioned Act;

(b)a person to whom a temporary entry permit under the above-mentioned Act has been issued subject to a condition with respect to the work that is to be performed by that person; or

(c) any documents, books or papers relating to the immigration or proposed immigration of persons in circumstances in which they would have become, or would become, prohibited immigrants within the meaning of that Act,

and to seize any such documents, books or papers and impound and detain them for such time as you think necessary, and for the purposes of the exercise of the foregoing powers, to stop any vessel or vehicle and to use such reasonable force as is necessary: And for so doing this shall be your sufficient warrant.

This warrant remains in force up to and including the day of , One thousand nine hundred and .

Dated this day of , One thousand nine hundred and

Officer duly authorized to issue search warrants under the above-mentioned Act.

 

Form 2. Regulation 28.

Commonwealth of Australia.

Migration Act 1958.

NOTICE OF INTENTION TO ACT AS AN IMMIGRATION AGENT.

To The Secretary,

Department of Immigration.

I, , hereby give notice under section 47 of the Migration Act 1958 of my intention to act as an immigration agent under that Act.

I give the following particulars about myself:—

Full Name

Date and place of birth

Nationality

Nature of business

Business address

Private address

Dated this day of , 19 .

(Signature.)

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.