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

STATUTORY RULES.

1942. No. 360.

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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 Nineteenth day of August, 1942.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

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

 

Amendment of the National Security (Aliens Control) Regulations.

Regulation 14a of the National Security (Aliens Control) Regulations is repealed and the following regulations inserted in its stead:—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

(b) refuses to sail on the ship or any other ship sailing from Australia on which he has been offered employment;

(c) is reported by the master or agent of the 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

(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,

may, either before or after he has returned (if at all) to his ship, by order of the Minister, be arrested and held in custody, at such place as

 

* Notified in the Commonwealth Gazette on  , 1942.

  Statutory Rules 1939, No. 88, as amended by Statutory Rules 1939, No. 95; 1940, No. 44, 66, 121, 159, 172, 201 and 269; and 1941, Nos. 39, 59, 139, 170, 175, and 226; and 1942, Nos. 41, 274 and

5481. —Price 3d. 25/12.8.1942.

the Minister directs, 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.) 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 as the Minister from time to time determines.

“(4.) In this regulation—

‘seaman’ includes the master and every officer of a ship, and every member of the crew and 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.

Power to return alien seamen to their ships and to deport certain seamen.

“14b.—(1.) Subject to any directions of the Minister or of an officer authorized by the Minister to give directions in relation to the exercise of powers under this sub-regulation, any officer may take into custody any alien member of the crew of a vessel who is, or who he reasonably supposes to be, a prohibited immigrant, and may convey him, or cause him to be conveyed, to his ship and may place, or cause him to be placed, on board his ship at any port in Australia.

“(2.) Where an alien member of the crew of a vessel has entered, or has been authorized to remain in, Australia under a certificate of exemption issued in pursuance of section 4 of the Immigration Act 1901-1940, and the Minister has, upon the expiration or cancellation of the certificate, declared him to be a prohibited immigrant, it shall not be a necessary condition to the making or carrying into effect of an order for the deportation of the alien in pursuance of sub-section (5.) of that section that any notice to leave the Commonwealth shall have been given to the alien or that he shall have failed to leave the Commonwealth within the period specified in any such notice.

“(3.) In this regulation—

‘officer’ means an officer as defined in the Immigration Act 1901-1940;

‘the Minister’ means the Minister of State for the Interior; and

‘prohibited immigrant’ means a prohibited immigrant within the meaning of the Immigration Act 1901-1940, and, for the purposes of sub-regulation (1.), includes a member of the crew of a public vessel of any Government (other than a ship of war or other vessel employed solely for public purposes) who would, but for the fact that the vessel is such a public vessel, be a prohibited immigrant”.

 

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