National Security (Aliens Control) Regulations (Cth)
STATUTORY RULES.
REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*
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
Dated this 13
th day of September, 1939.(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for Defence.
NATIONAL SECURITY (ALIENS CONTROL) REGULATIONS.
Part 1.—Preliminary.
Part I.—Preliminary.
Part II.—Registration.
Part III.—Control of Travel and Movement.
Part IV.—Control of Residence.
Part V.—Internment of Enemy Aliens.
Part VI.—Control of Possessions and Employment.
Part VII.—Control of Assembly, Propaganda, &c.
Part VIII.—Miscellaneous.
“alien” means any person over the age of sixteen years, other than a person who—
(
a ) is a British subject within the meaning of theNationality Act 1920-1936; or(
b ) is, by reason of a declaration made under section 18aof that Act, entitled, while in Australia or any Territory of the Commonwealth, to all political and other rights, powers and privileges to which a natural-born British subject is entitled;“aliens registration officer” means any aliens registration officer appointed for the purposes of these Regulations;
“enemy alien” means a person who, not being either a British subject or a person specified in paragraph (
b ) of the definition of “alien”, or a person enjoying His Majesty’s protection, possesses the nationality of a State at war with His Majesty;
*
Notified in the
5114.—12/11.9.1939.—Price 8d.
“master”, in relation to an aircraft, means the commander or other person in charge of the aircraft;
“officer” means a member of the police force of the Commonwealth or of a State or Territory of the Commonwealth, or an officer of Customs, or an officer of the Department administering these Regulations, or any person authorized by the Minister to exercise the powers conferred on officers by these Regulations;
“the Act” means the
National Security Act 1939.
(2.) In these Regulations, any reference to a Form shall be read as a reference to a Form in the Schedule to these Regulations.
(
a ) Consuls representing any foreign country (other than a country at war with His Majesty), and their staffs in so far as the staffs comprise persons who have been sent by the Government of the foreign country for employment upon the staff of the Consulate, and their wives;(
b ) aliens exempted by or under the authority of the Minister; and(
c ) the master and crew of any public vessel or aircraft of any Government.
Part II.—Registration.
(2.) Every alien who enters Australia as a passenger in, or as the master or a member of the crew of, an oversea vessel or aircraft shall, immediately after the arrival of the vessel or aircraft at the first port of call or aerodrome, as the case may be, in Australia, unless he is exempted or deemed to be exempted by or under these Regulations, register himself as an alien in accordance with these Regulations, and shall not land before he has so registered himself.
(3.) Every child of an alien
resident in Australia, not being a child who is a natural-born British subject,
shall, within three months after he attains the age of sixteen years, register
himself as an alien in accordance with these Regulations, unless he is exempted
or deemed to be exempted by or under these Regulations, and if any such child
does not so register himself within the time allowed, the parent, or person
standing to him
as the case may be, in Australia, producing in person, to an aliens registration officer on board the vessel or at the aerodrome, the following documents:—
(
a ) the application in the prescribed form, in triplicate;(
b )his certificate of registration (if he has been registered under these Regulations during a previous visit to Australia, and if his certificate was not taken from him on his departure from the Commonwealth); and(
c ) his passport (if he be a passenger or a member of the crew not signed on in Australia but due for discharge in a port or aerodrome in Australia):
Provided that a master or member of the crew of a vessel or an aircraft who holds a certificate of registration under these Regulations issued to him on his last previous voyage to Australia shall not be required to prepare the application in accordance with this sub-regulation.
(2.) The master of every oversea vessel or aircraft, other than a public vessel or aircraft of any government, shall, immediately on arrival at the first port of call or aerodrome, furnish, to an aliens registration officer or other officer acting under these Regulations, a list showing the number and names of the crew, and their nationality and race, and produce the vessel’s articles or the aircraft’s journey log.
(3.) The master of every vessel or aircraft shall afford to all aliens registration officers and other officers acting under these Regulations every facility for performing their duties, and shall permit any such officer at any time to enter the vessel or aircraft and to search every part of her, and shall muster the crew of the vessel or aircraft whenever he is required to do so by an aliens registration officer.
(4.) The master of a vessel or aircraft who—
(
a ) refuses or neglects to afford all reasonable facilities to an officer for the performance of his duties; or(
b )refuses or neglects on demand to deliver forthwith to an officer any list required by these Regulations; or(
c ) delivers to an officer any list or statement which is incorrect in any material particular,
shall be guilty of an offence against the Act.
(5.) A person (not being the owner, agent or charterer of the vessel or aircraft or a person employed by him and not being an officer of the Commonwealth in the execution of his duties) shall not board any oversea vessel or aircraft at her first port of call or aerodrome, as the case may be, in Australia, or communicate with any alien on board an oversea vessel or aircraft at her first port of call or aerodrome, as the case may be, in Australia, before the registration in accordance with these Regulations of all aliens on board has been completed.
(2.) The alien shall furnish, with his application, or when required by the aliens registration officer, four identical unmounted photographs of himself, approximately three inches by two inches in size, of head and shoulders only, taken full face, without hat and with plain background.
(3.) One of the photographs shall be affixed to the certificate of registration (if any) issued to the alien.
(4.) An aliens registration officer or other officer acting under these Regulations may require the alien to allow a print of his fingers and thumbs or any of them to be taken on any form or other document, and any alien who refuses to allow a complete and legible print of his fingers and thumbs to be taken shall be guilty of an offence against the Act.
(2.) Any person who has possession of a certificate of registration issued to a deceased alien shall, forthwith on demand made by an officer, hand the certificate to the officer.
(3.) An officer may require any alien who is about to leave Australia to give up to him his certificate of registration, and the alien shall give up his certificate accordingly.
Name.
Nationality.
Date of arrival.
Previous place of abode.
If arrived by vessel, name of vessel.
Date of departure.
If departing by vessel, name of vessel.
Destination on departure.
(2.) If the keeper of an hotel, inn, boardinghouse or lodginghouse fails to provide himself with a register, or to ascertain and enter therein the particulars specified in sub-regulation (1.) of this regulation in respect of an alien staying at his premises, or if he makes any entry in any such register which he knows, or could by the exercise of reasonable diligence have ascertained, to be false, he shall be guilty of an offence against the Act.
(3.) The keeper of every hotel, inn, boardinghouse or lodginghouse shall also, if directions for the purpose are issued by an aliens registration officer, make to that officer such returns as to the particulars specified in sub-regulation (1.) of this regulation, at such times, or intervals, and in accordance with such form, as are specified in the directions.
(4.) It stall be the duty of every person who stays at an hotel, inn, boardinghouse, or lodginghouse, to furnish to the keeper thereof, and sign, a statement containing such information as the keeper requires for the purpose of compiling the register.
(5.) Every register kept under this regulation shall at all reasonable hours be open to inspection by any officer or aliens registration officer, or any other person authorized by an aliens registration officer.
(6.) For the purposes of this regulation, the expression “keeper of a lodginghouse” shall include any person who for reward receives any other person to lodge with him or in his house, and where any hotel, inn, boardinghouse, or lodginghouse is under the management of a manager, the expression “keeper” shall in relation thereto include the manager.
(7.)The fact that the rooms or any of the rooms in a house are let unfurnished shall not prevent the house from being deemed to be a lodginghouse for the purpose of this regulation.
Part III.—Control of Travel and Movement.
(
a ) prohibit the landing of an enemy alien in the Commonwealth, or in any Territory of the Commonwealth, except with the permission of an approved authority; and(
b ) prohibit the landing of any alien (except from a coasting vessel or an aircraft travelling interstate or intrastate) at any port or aerodrome not being an approved port or aerodrome.
(2.) An approved authority, if in his opinion the landing of an alien would be detrimental to the interests of the defence of the Commonwealth, may prohibit the landing of that alien at an approved port or aerodrome.
(3.) An alien who lands in the Commonwealth or in any Territory of the Commonwealth in contravention of an order or prohibition issued in pursuance of this regulation may be detained as directed by an approved authority, and while so detained shall be deemed to be in legal custody.
(4.) In this regulation—
(
a )the expression “approved authority” means an authority approved for the purpose by the Minister; and(
b ) the expression “approved port or aerodrome” means a port or aerodrome which is specified by the Minister in an order issued under sub-regulation (1.) of this regulation.
(
a ) any firearms or other weapons, ammunition or explosives;(
b ) any camera or surveying apparatus;(
c ) any apparatus or contrivance intended or capable of being used for signalling (whether visual or otherwise);(
d ) any carrier or homing pigeon;(
e ) any motor car, motor cycle or aircraft; or(
f ) any cipher, code or other means of conducting secret correspondence.
(
a ) an alien shall not embark (except on a coasting vessel or an aircraft travelling interstate or intra-state) at any port or aerodrome not being an approved port or aerodrome; and(
b )an enemy alien shall not leave Australia or any Territory of the Commonwealth except with the permission of an approved authority.
(2.) An alien who embarks or attempts to embark in contravention of an order or prohibition issued in pursuance of this regulation may be detained as directed by an approved authority, and while so detained shall be deemed to be in legal custody.
(3.) Any constable or any Commonwealth officer, if he considers it necessary in the interests of the defence of the Commonwealth so to do, may prevent an alien from embarking on any ship, vessel or aircraft.
(4.) In this regulation—
(
a )the expression “approved port or aerodrome” means a port or aerodrome which is specified by the Minister in an order issued under sub-regulation (1.) of this regulation; and(
b )the expression “approved authority” means an authority approved for the purpose by the Minister.
1
(2.) The notice shall be given by the alien properly completing a notice (in triplicate) in accordance with Form C and attending in person with such notices before that aliens registration officer:
Provided that, if the place of abode of the alien is distant more than ten miles from the office of that officer, it shall be sufficient if the notices are sent to him by post or messenger.
(3.) If the alien does not change his place of abode in accordance with the particulars stated in the notice, he shall forthwith inform the aliens registration officer of the cancellation of his intended change of abode, or of any alteration in the intended date of his change of abode or in his intended new place of residence as the case may be.
(4.) An alien shall, within seven days after acquiring a new place of abode, attend in person before the aliens registration officer nearest to his new place of abode, and bring with him his certificate of registration. The aliens registration officer at that place may, if he thinks fit, require the alien to complete and sign three copies of a notice in accordance with Form C, and the alien shall complete and sign the copies accordingly.
(5.) An alien arriving in Australia, who acquires a place of abode in Australia, shall, within seven days after so acquiring a place of abode, give notice thereof to the aliens registration officer nearest thereto.
(6.) The notice provided by sub-regulation (5.) of this regulation shall be given by the alien properly completing a notice (in triplicate) in accordance with Form C, and attending in person therewith and with his certificate of registration before that aliens registration officer.
(7.) An alien who, not having a place of abode in Australia, travels in Australia without acquiring a place of abode, or who, having a place of abode in Australia, travels in Australia without changing his place of abode, may, subject to the conditions specified in the certificate, be granted a certificate of exemption, in accordance with Form D, from reporting his temporary change of residence.
(8.) Any alien to whom a certificate of exemption has been granted who—
(
a ) fails to comply with any condition specified in the certificate; or(
b )on the expiry of the period for which the certificate was granted, fails to give it up to the nearest aliens registration officer in the district in which he then is or in the district in which it was granted,
shall be guilty of an offence against the Act.
(2.) In this regulation the expression “police district” means an area in charge of or patrolled by the police stationed at a police station.
Part IV.—Control of Residence.
(
a ) require enemy aliens to reside in any place or area specified in the order;(
b ) prohibit aliens from residing in any place or area;(
c ) require enemy aliens to report at the times and places and in the manner specified in the order;(
d )direct that no enemy alien shall be outside his residence during the hours specified in the order; and(
e ) prohibit or regulate the display by aliens of lights of any description specified in the order.
Part V.—Internment of Enemy Aliens.
Part VI.—Control of Possessions and Employment.
(
a ) Firearms, weapons, ammunition or explosives, or material used in the manufacture of any of them;(
b )Petroleum spirit, naphtha, benzol, petroleum or other inflammable liquid in a quantity greater than is specified in the order;(
c ) Any apparatus or contrivance intended or capable of being used for signalling (whether visual or otherwise);(
d ) Carrier or homing pigeons;(
e ) Motor cars, motor cycles, motor boats, yachts or aircraft;(
f ) Telephones;(
g ) Broadcasting transmitters or receivers;(
h ) Cameras or other photographic apparatus;(
j ) Any cipher, code or other means of conducting secret correspondence;(
k ) Any naval, military or air force charts, maps or handbooks; and(
l ) Any other article or thing specified in the order.
Part VII.—Control of Assembly, Propaganda, etc.
(
a ) prohibit the holding of any meetings, processions or demonstrations by enemy aliens;(
b )prohibit the publication in an enemy alien language of any newspaper or other publication;(
c ) prohibit enemy aliens from—(i) spreading reports in regard to the war; or
(ii) including in correspondence any naval, military or air force information; and
(
d )require enemy aliens to submit to an authority specified in the order, all communications to addresses overseas.
Part VIII.—Miscellaneous.
(2.) The notification shall be given by the alien properly completing a notice, in duplicate, in accordance with Form E, and producing in person to the aliens registration officer such notice and the certificate of his registration as an alien.
(2.) If, with intent to deceive, any person alters or uses, or lends to, or allows to be used by any other person, a permit, certificate or written permission granted or issued for the purposes of any of these Regulations, or makes or has in his possession any document so closely resembling such a permit, certificate or permission as to be calculated to deceive, he shall be guilty of an offence against the Act.
(3.) Any permit, certificate or permission granted for the purposes of any of these Regulations may be revoked at any time by the authority or person empowered to grant it.
(
a ) the signature of any person who is or has been an officer acting under or in pursuance of these Regulations; and(
b ) the fact that such a person is or has been such an officer,
if the signature purports to be attached or appended to any document produced in evidence.
Regulation 6.
Commonwealth of Australia,
Form A1.
FORM OF APPLICATION FOR REGISTRATION.
(For Alien Resident in Australia.)
This form is to be filled in (except as to signature and finger-print) in triplicate, and the alien is to attend in person, with the triplicate forms, before the member of the Police Force in charge of the Police Station nearest to his usual place of abode, and, in his presence, to sign the application and to allow an impression of his finger-print to be taken, if required.
Name (
(
Nationality......................................................... Sex........................................................
Birthplace.......................................................... Date of birth...........................................
Place of abode..........................................................................................................................
Place of business (if any)...........................................................................................................
Occupation....................................................... Married
Date of entry into Australia................................. Name of Ship.........................................
Port of debarkation............................................
Height.............................ft…………..............in. Colour of Hair.................................................... Notable mark...................................................... Remarks—
| Colour of eyes............................................. Build.............................. Date of application....................................
( Certificate issued—No. …………………… Date............................................................... Remarks........................................................ …………………………………………….. Signature of Aliens Registration Officer Police Station............................................... |
Commonwealth of Australia.
Regulation 7.
Form A2.
FORM OF APPLICATION FOR REGISTRATION.
(For alien entering Australia in Oversea Vessel or Aircraft.)
Three copies of this form are to be filled in (except as to signature and finger-print mark), and the alien is to attend in person, immediately after the arrival of the vessel or aircraft at the first port of call or aerodrome in Australia, before an Aliens Registration Officer on board the vessel or at the aerodrome, with the following documents:—
(
a ) three copies of this form;(
b ) his Certificate of Registration (if he has been registered under these Regulations during a previous visit to Australia, and if his certificate was not taken from him on his departure from Australia); and(
c ) his passport (if he is a passenger or a member of a crew not signed on in Australia but due for discharge in an Australian port or aerodrome).
The Schedule—
Name
(
Nationality....................................................... | Sex........................................................... |
Birthplace......................................................... | Date of Birth............................................ |
Name of vessel or Aircraft................................. | Port at which alien embarked..................... |
Place of abode (abroad)..................................................
(In case of Passengers) Place of business (if any)………………………………………………...
(In case of Passengers) State if temporary or permanent residence in Australia proposed; if temporary, add purpose of visit...............................................................................................
(In case of Passengers) Intended place of abode (if any) in Australia (address to be stated as fully as possible).....................................................................................................................
Occupation.................................................. Married (
Single
Particulars of passport (if any)—No..................... Date……………........... Place of Issue............................................
If previously registered and in possession of certificate—No. of certificate...........................................
Date................................................................... Place of issue.................................................
Height...............................ft………….............in. | Colour of eyes……………………………………. |
Colour of Hair…………………………………. | Build ....................................................................... |
Notable marks………………………………….. | |
Remarks—
| Signature of alien………………………………… ( Certificate issued—No...................................... Date.................................................................. Remarks........................................................... ......................................................................... Signature of Aliens Registration Officer. Police Station........................................... |
(Page 1.)
Commonwealth of Australia.
Regulation 9.
Form B1.
CERTIFICATE OF REGISTRATION OF ALIEN.
(For alien resident in Australia and for alien passenger entering Australia in Oversea Vessel or Aircraft.)
Name of holder............................................................................................................................
Nationality claimed..................................... Date of birth...............................................
Occupation..................................................................................................................................
Date of entry into Australia...........................................................................................................
Place of abode.............................................................................................................................
Place of abode.............................................................................................................................
Name of vessel or aircraft.............................................................................................................
Port at which embarked................................................................................................................
The Schedule—
Intended place of abode (if any) in Australia..................................................................................
....................................................................................................................................................
Date of issue................................................................................................................................
Police station or port....................................................................................................................
Signature of Aliens Registration Officer........................................................................................
(Page 2.)
PHOTOGRAPH.
Height...........................ft..............................ins.
Build............................................................
Colour of eyes..............................................
Colour of hair...............................................
Notable marks..............................................
.............................................................
Remarks......................................................
.............................................................
.............................................................
.............................................................
.............................................................
Signature of holder—
.........................................................................................................................................
Finger-prints taken from
| Right hand |
Finger.............................................. | Finger............................................ |
(Page 3.)
REGISTERED CHANGES OF ABODE.
(see instructions on Page 4.)
New Address. | Registered at. | Date, and Signature of Aliens Registration Officer. |
The Schedule—
(Page 4.)
NOTICE TO ALIENS.
If an alien does not change his place of abode in accordance with the particulars stated in the notice furnished by him, he must forthwith inform the officer of the cancellation of his intended change of abode, or of any alteration in the intended date of his change of abode, or in his intended new place, of residence, as the case may be.
Note.—Failure to observe the abovementioned requirements renders an alien liable to a penalty of £100 or six months’ imprisonment.
Commonwealth of Australia.
Regulation 9.
Form B2.
CERTIFICATE OF REGISTRATION OF ALIEN SEAMAN.
(For alien seamen entering Australia in oversea vessel.)
Name of holder............................................................................................................................
Nationality claimed..................................... Date of birth.........................................
Place of abode.............................................................................................................................
(
Signature of holder.......................................................................................................................
Left thumb print.
Height....................................................... Colour of eyes......................................
Colour of hair............................................ Build....................................................
Notable marks........................................... Remarks...............................................
Date of issue............................................. Name of vessel.....................................
.................................................................
Signature of Aliens Registration Officer.
Police Station or port.................................
Notice to Alien Seamen.
An alien seaman serving on an overseas vessel is not allowed to land unless he has on his person his Certificate of Registration.
He is not required to report to the Aliens Registration Officer at subsequent ports of call on the same voyage; but if he visits Australia on a later voyage, he is required to register at the first port of call.
If he is discharged in an Australian port, and afterwards acquires a place of abode in Australia, he is required to register, within seven days after so acquiring a place of abode, with the Aliens Registration Officer at the Police Station nearest to the place.
Penalty: £100 or six months’ imprisonment.
The Schedule—
(
Date Landed or Registered. | Port. | Name of Vessel. |
.................................................................
Signature of Aliens Registration Officer.
(
Registered Changes of Abode.
New address...............................................................................................................................
Registered at............................................. Date.....................................................
.................................................................
Signature of Aliens Registration Officer.
Commonwealth of Australia.
Regulation 16.
Form C.
NOTICE OF CHANGE OF ABODE.
To the Aliens Registration Officer at
Take notice that I [
I am registered as an alien of nationality under the National Security (Aliens Control) Regulations, the number of the certificate issued to me at being .
Signature of alien.
Date 19 .
(
Signature of A.R.O. at old place of abode....................................................................................
Date notice sent to A.R.O. at new place of abode..........................................................................
Signature of A.R.O. at new place of abode...................................................................................
Name of place...................................... Date alien reported...........................................
* In case of person who has no previous place of abode in Australia, write here—“Having landed from the SS. at on ”.
In case of person who has had no previous place of abode in Australia, in place of “intend to change my place of abode to” write—“have taken up my abode at”.
‡ In case of person leaving Australia, state country of destination, port of embarkation, name of ship, proposed date of departure, e.g., “England, leaving Sydney per SS. on / /19 ”.
Commonwealth of Australia.
Regulation 16.
Form D.
TRAVEL PERMIT.
Certificate of Exemption from Necessity of Reporting Temporary Change of Residence.
Granted to..................................................................................................................................
Nationality.................................................................................................................................
Holder of Certificate of Registration No...................... issued at............................................
The Schedule—
Conditions.
The conditions under which this Certificate is issued shall be as follows:—
Period:—............................................ to..............................................................
Purpose:—.......................................................................................................................
Remarks:—......................................................................................................................
...................................................................... ........................................................
Signature of holder. Signature of Aliens Registration Officer.
Place......................................................
Date.......................................................
Notice to the Holder of this Certificate.
It is an offence, punishable by fine or imprisonment, for the holder to refuse to produce this certificate when legally required to do so; or to fail to comply with the conditions of this certificate; or for any person to alter, use or have in his possession a permit on which any endorsement has been forged or altered.
On the expiry of the period for which this certificate is available, it must be given up at the nearest Police Station in the District where the holder then is, or in the District in which it was issued.
Commonwealth of Australia.
Form E.
NOTICE OF CHANGE OF NAME.
To the Aliens Registration Officer at
Take notice that I [
I am registered as an alien of nationality, and my Certificate of Registration, which is numbered was issued to me at
Signature of alien...................................
Date...............................
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
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