National Security (Aliens Control) Regulations (Amendment) (Cth)

STATUTORY RULES.

1942. No. 274.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

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 National Security Act 1939-1940.

Dated the twenty-fifth day of June, 1942.

Deputy of the Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of

State for Defence.

 

Amendments of National Security (Aliens Control) Regulations.

Definitions.

1. Regulation 3 of the National Security (Aliens Control) Regulations is amended by omitting the definition of “enemy alien” and inserting in its stead the following definition:—

“‘enemy alien’ means a person who, not being either a British subject or a person specified in paragraph (5) of the definition of ‘alien’—

(a) possesses the nationality of a State at war with His Majesty; or

(b) being stateless, at any time possessed the nationality of a State which is at war with His Majesty;”.

Aliens registration officers.

2. Regulation 4 of the National Security (Aliens Control) Regulations is amended by inserting in paragraph (a), after the word “Station”, the words “or who is performing the duties of an aliens registration officer at the direction of any member so in charge”.

Certain aliens exempt from Regulations.

3. Regulation 4a of the National Security (Aliens Control) Regulations is amended by adding at the end of paragraph (a) of sub-regulation (1.) the words “or of any allied or other foreign force serving in association with His Majesty’s armed forces”.

4. After regulation 9 of the National Security (Aliens Control) Regulations the following regulation is inserted:—

“Lost or destroyed certificates.

9a.—(1.) An alien whose certificate of registration is lost or destroyed shall, immediately upon his becoming aware of that fact,

* Notified in the Commonwealth Gazette on , 1942.

  Statutory Rules 1939, No. 88, as amended by Statutory Rules 1939, No. 95; 1940, Nos. 44, 66, 121, 159, 172, 201 and 269; and 1941, Nos. 39, 59, 139, 170, 175 and 226; and 1942, No. 41.

1303.—Price 3d. 25/6.6.1942.

notify in writing the aliens registration officer nearest to his usual place of abode of the loss or destruction of the certificate and of the circumstances in which it was lost or destroyed, and apply in writing to that aliens registration officer for the issue of a duplicate certificate of registration.

“(2.) The alien shall sign his application with his personal signature, or, if he is unable to write, with his personal mark, and such signature or mark shall be made in the presence of an officer.

“(3.) The alien shall provide such information and such additional unmounted photographs of himself, and shall submit to the taking of such additional prints of his fingers and thumbs, as the aliens registration officer requires.

“(4.) When an alien has complied with the requirements of this regulation, the aliens registration officer may issue to him a duplicate certificate of registration on payment of a fee of Five shillings, and that duplicate certificate shall, while it remains uncancelled, be deemed to be the certificate of registration of the alien.

“(5.) A duplicate certificate of registration shall be in accordance with Form B1 or Form B2, as the case requires, and shall be marked with the word ‘Duplicate’.

“(6.) Where, after the issue of a duplicate certificate, an alien recovers possession of his certificate of registration which was lost or thought to have been destroyed, he shall forthwith notify the fact to the aliens registration officer nearest to his usual place of abode, and deliver up the duplicate certificate to him for cancellation.

“(7.) Any person who, otherwise than in pursuance of these Regulations, obtains possession of a certificate of registration or a duplicate certificate which does not relate to him, shall forthwith deliver the certificate to an aliens registration officer.”.

Detention orders.

5. Regulation 20 of the National Security (Aliens Control) Regulations is amended—

(a) by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) The Minister may at any time by order direct that any enemy alien, who has been sent to Australia for internment in accordance with arrangements entered into by the Government of the Commonwealth and the Government of the United Kingdom or of any other part of His Majesty’s dominions or the Government or Administration of any other country or place, be sent to the United Kingdom or to any other part of His Majesty’s dominions or, at the request of the Government or Administration with which the arrangements have been entered into, to any other country or place, and the enemy alien shall, as soon as practicable, be sent to the United Kingdom or other part of His Majesty’s dominions, or to the other country or place specified in the order.”; and

(b) by adding at the end of sub-regulation (13.) the words “, or the Government or Administration of any other country or place.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.