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

STATUTORY RULES.

1942. No. 400.

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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 seventeenth day of September, 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence.

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Amendment of the National Security (Aliens Control) Regulations.

Regulation 14a of the National Security (Aliens Control) Regulations is repealed and the following regulation inserted in its stead:—

Power to arrest and hold in custody certain 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—

(a) deserts or has deserted or is absent or has been absent without leave in Australia from the ship on which he is or was under an obligation to serve;

(b) refuses to sail on that ship or on any other ship on which he has been offered employment;

(c) is reported by the master or agent of any ship for refusing to perform his regular duties on board the ship, or for insubordination or wilful disobedience to a lawful command or other neglect of duty; or

 

* 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; 1941, Nos. 39, 59, 139, 170, 175 and 226; and 1942, Nos. 41, 274, 360 and 372.

6243.—Price 3d. 50/27.8.1942.

 

(d) is so reported for inducing or attempting to induce any other alien seaman to interfere in any way with the proper operation of the ship on which that other seaman is employed or has been offered or has accepted employment,

may, either before or after he has returned (if at all) to his ship or has joined (if at all) any other ship, by order of the Minister, be arrested and held in custody, at such place as the Minister directs, until provision is made for his deportation, or until he is ready and willing and actually proceeds to serve as a seaman on a ship on which he is or was under an obligation to serve or on which he has been offered employment as a seaman.

“(2.) Every constable and Commonwealth Officer shall take such action as is necessary to give effect to any order made in pursuance of this regulation.

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

“(4.) A person shall not fail or refuse to disclose to a constable or Commonwealth Officer any information which it is in his power to give in relation to any seaman to whom any provision of paragraphs (a), (b), (c) and (d) of sub-regulation (1.) of this regulation applies.

“(5.) In this regulation—

‘seaman’ includes any person who, at the time of the arrival in Australia (whether before or after the commencement of this regulation) of the ship on which he entered Australia, or during the voyage of the ship to Australia, or at any time after his arrival in Australia, is or was the master or an officer of a ship, or a member of the crew or of the staff employed on a ship; and

‘the Minister’ means the Minister of State for Defence or the Minister of State for the Navy.”.

 

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