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

STATUTORY RULES.

1941. No. 139.

––––––

REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the National Security Act 1939-1940.

Dated this twentieth day of June, 1941.

GOWRIE

Governor-General.

By His Excellency’s Command,

ROBERT G. MENZIES

Minister of State for Defence Co-ordination.

———

Amendment ofthe National Security (Aliens Control) Regulations. 

After regulation 14 of the National Security (Aliens Control) Regulations the following regulation is inserted:—

Power to detain alien seamen.

“14a.—(1.) Without prejudice to the operation of the provisions of the Immigration Act 1901-1940 and the National Security (General) Regulations, any alien seaman, whether he has entered Australia legally or not, who deserts or is absent without leave in Australia from the ship on which he is employed, or refuses to sail on such ship or any other ship sailing from Australia on which he has been offered employment, or is reported by the master or agent of the ship for refusing to perform his regular duties on board such ship, or is so reported for inducing or attempting to induce other alien seamen to interfere in any way with the proper operation of the ship on which they are employed, may, by order of the Minister, be arrested and detained, at such place as the Minister from time to time directs, for the duration of the present war, or until provision may be made for his deportation, or until he is ready and willing and actually proceeds to serve on a ship sailing from Australia.

(2.) All constables and Commonwealth Officers shall take such action as is necessary to give effect to any order made in pursuance of this regulation.

 

* Notified in the Commonwealth Gazette on 20th June, 1941.

  Statutory Rules 1939, No. 88. as amended by Statutory Rules 1939, No. 95; 1940, Nos. 44, 66, 121, 172, 201 and 269; and 1941, No. 59.

3852.—Price 3d

(3.) Any alien seaman detained in pursuance of this regulation may be employed on such labour and in such place as the Minister from time to time determines.

(4.) An alien seaman who is ordered in pursuance of this regulation to be detained for the duration of the present war may apply to an Aliens Tribunal constituted in pursuance of regulation 20 of these Regulations for leave to submit objections against the Order and the provisions of that regulation relating to objections and reports thereon shall then apply as if the seaman were a person detained in pursuance of that regulation.

(5.) For the purposes of this regulation, unless the context otherwise requires—

(a) “seaman” includes the master and every officer of a ship, and every member of the crew and of the staff employed on a ship;

(b) “the Minister” means the Minister of State for Defence Co-ordination or the Minister of State for the Army.”

 

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