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

STATUTORY RULES.

1941. No. 59.

REGULATIONS 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 Regulations under the National Security Act 1939–1940.

Dated this nineteenth day of March, 1941.

Governor-General.

By His Excellency’s Command,

Acting Minister of State for Defence Co-ordination.

 

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 “aliens registration officer”.

2. Regulation 4 of the National Security (Aliens Control) Regulations is repealed and the following regulations inserted in its stead:—

Aliens registration officers.

“4. The following persons shall be aliens registration officers for the purposes of these Regulations:—

(a) Any member of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth who is in charge of a Police Station; and

(b) Any person appointed by the Minister to be an aliens registration officer.

Certain aliens exempt from Regulations.

“4a. The following aliens shall be exempt from the provisions of these Regulations:—-

(a)Any member of the Defence Force of the Commonwealth or of the naval, military or air forces of the United Kingdom or of any other part of His Majesty’s dominions;

 

* Notified in the Commonwealth Gazette on , 1941.

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

1014.—12/21.2.1941.—Price 3d.

 

(b)Any diplomatic or consular representative of a foreign country with which His Majesty is at peace, and any member of the staff of any such representative who has been sent to Australia by the Government of the country represented, and the wife of any such representative or member;

(c) Any alien or class of aliens exempted by or under the authority of the Minister; and

(d)The master and crew of any public vessel or aircraft of the Government of a country with which His Majesty is at peace.”.

Aliens arriving in Australia—manner of effecting registration.

3. Regulation 7 of the National Security (Aliens Control) Regulations is amended—

(a) by omitting the proviso to sub-regulation (1.) and inserting in its stead the following proviso:—

“Provided that the following persons shall not be required to effect registration under this sub-regulation:—

(i) An alien who, being the master or a member of the crew of a vessel or aircraft, holds a certificate of registration issued to him on a previous voyage to Australia; and

(ii) an alien who returns to Australia from New Zealand after an absence not exceeding six months, and produces a receipt for his certificate of registration issued in accordance with sub-regulation (4.) of regulation 10 of these Regulations.”; and

(b)by omitting from sub-regulation (2.) the words “any government” and inserting in their stead the words “a country with which His Majesty is at peace”.

Aliens to produce certificates of registration, on demand.

4. Regulation 10 of the National Security (Aliens Control) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(4.) In the case of an alien who is about to travel to the Dominion of New Zealand with the intention of returning to Australia within a period of six months, the officer may, upon request by the alien, give him a receipt for his certificate of registration, and, if the alien returns to Australia within that period and produces the receipt to an aliens registration officer at the port or aerodrome from which he embarked or boarded an aeroplane for New Zealand, his certificate of registration shall be returned to him.”.

5. Regulation 12 of the National Security (Aliens Control) Regulations is repealed and the following regulation is inserted in its stead:—

Alien becoming naturalized.

“12. A person registered or liable to register under these Regulations who ceases to be an alien shall remain subject to these Regulations as if he were still an alien until he produces, to the aliens registration officer nearest to his usual place of abode, the certificate of his naturalization or evidence of the facts by virtue of which he ceases to be an alien.”.

 

Aliens to report change of place of abode.

6. Regulation 16 of the National Security (Aliens Control) Regulations is amended by omitting from sub-regulation (6.) the word “provided” and inserting in its stead the word “required”.

Movement of aliens generally.

7. Regulation 18 of the National Security (Aliens Control) Regulations is amended—

(a) by inserting, after the word “enter”, the words “or to be in”; and

(b)by adding at the end thereof the following sub-regulation:—

“(2.) The power to make orders under this regulation shall include a power to make orders in respect of an individual alien.”.

Detention orders.

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

(a) by inserting in sub-regulation (2.), after the words “United Kingdom” (third occurring), the words “or of the part of His Majesty’s dominions with which the arrangements have been entered into,”; and

(b) by inserting after sub-regulation (8.) the following sub-regulation:—

“(8a.) Notwithstanding anything contained in this regulation, the Minister may, after any application by an enemy alien for leave to submit objections has been granted, direct that the objections shall be heard by an Aliens Tribunal in a State or Territory other than that in which the enemy alien is detained.”.

Employment of aliens and naturalized British subjects.

9. Regulation 23 of the National Security (Aliens Control) Regulations is amended—

(a)by inserting in sub-regulation (2.), after the word “occupation” (first occurring), the words “or on any work”; and

(b)by inserting in that sub-regulation, after the word “occupation” (second occurring), the words “or on that work”.

10.—(1.) After regulation 25 of the National Security (Aliens Control) Regulations the following regulation is inserted:—

Change of name.

“26.—(l.) An alien shall not for any purpose assume or use, or purport to assume or use, or continue the assumption or use of, any name other than that by which he was ordinarily known on the third day of September, 1939, unless he has previously lodged with the aliens registration officer nearest to his place of abode a notice, in duplicate, in accordance with Form E, and produced, his certificate of registration to that officer.

“(2.) This regulation shall not affect the liability of any person to comply with the requirements of the National Security (Change of Name) Regulations.”.

(2.) This regulation shall come into operation fourteen days after the notification of these Regulations in the Gazette.

Repeal of regulations 35 and 36.

11. Regulations 35 and 36 of the National Security (Aliens Control) Regulations are repealed.

 

By Authority: L. F.