ALIENS.
No. 22 of 1947.
An Act relating to Aliens.
[Assented to 10th June, 1947.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the Aliens Act 1947.
Commencement.
2. This Act shall come into operation on a date to be fixed by Proclamation.
Repeal.
3. The Aliens Registration Act 1939 is repealed.
Definitions.
4. In this Act, unless the contrary intention appears—
“alien” means any person over the age of sixteen years other than a person who—
(a) is a British subject within the meaning of the Nationality Act 1920–1946; or
(b) is, by reason of a declaration made under section eighteen a of that Act, entitled, within Australia or any Territory, to all political and other rights, powers and privileges to which a natural born British subject is entitled;
“officer” means any officer of the Department of Immigration and includes any person authorized by the Minister to exercise the powers conferred on any officer by this Act;
“Territory” means a Territory of the Commonwealth.
Register of aliens.
5.—(1.) There shall be a Register of Aliens for every State or Territory being part of the Commonwealth.
(2.) An alien whose name is entered in a Register of Aliens shall be a registered alien.
Register not open for inspection.
6. A Register of Aliens shall not be open for inspection except by a person authorized in writing by the Minister.
Aliens to register.
7.—(1.) Every alien in the Commonwealth at the date of the commencement of this section shall, within the prescribed time and in the prescribed manner, make application within the State or Territory in which he resides or has his abode to be registered as an alien under this Act.
(2.) Any alien who enters the Commonwealth shall, within the prescribed time and in the prescribed manner, make application to be registered as an alien under this Act.
Exemption from registration.
8. Nothing in the last preceding section shall apply to—
(a) any diplomatic or consular representative or official trade commissioner of a foreign country or any member of the staff of any such representative or commissioner who has been sent to Australia by the Government of the foreign country, or the wife or dependent relative of any such representative, commissioner or member;
(b) the master and crew of any public vessel of any Government, other than a vessel which is employed for purposes of trade or commerce;
(c) any alien who does not intend to reside in the Commonwealth, and does not remain in the Commonwealth, for more than sixty consecutive days or such shorter period as the Minister, in any particular case, directs;…
Overview
The Aliens Act 1947 was enacted to establish a framework for the registration and regulation of aliens within Australia. This Act was passed by the Parliament of Australia and received royal assent on 10 June 1947. It was introduced to address the need for a comprehensive system to manage the presence of non-British subjects in the country, thereby ensuring national security and order. The Act aimed to streamline the process of registering aliens and providing authorities with necessary information about their movements, employment, and location. The enactment of this legislation replaced the Aliens Registration Act 1939, aiming to enhance the regulatory mechanisms concerning aliens in the Commonwealth.
Scope and Application
The Aliens Act 1947 applies to any person over the age of sixteen who is not a British subject, as defined under the Nationality Act 1920-1946, or who is not entitled to the rights of a natural born British subject within Australia or any Territory due to a declaration made under the aforementioned Act. The Act applies to all aliens within the Commonwealth, which includes the states, territories, and any other areas under the jurisdiction of the Commonwealth of Australia. There are several exemptions from registration under the Act, including diplomatic and consular representatives and their staff, the master and crew of public vessels not employed for trade or commerce, aliens who do not intend to reside in the Commonwealth for more than sixty consecutive days, and any other aliens exempted by the Minister or an authorised officer. The Act can be extended or modified through regulations made by the Governor-General, which may include further details on the registration process, penalties, and exemptions.
Key Provisions
- The Aliens Act 1947 sets out a framework for the registration and regulation of aliens in Australia. Under section 5, a Register of Aliens is to be maintained for each State or Territory, with section 7 requiring all aliens in Australia at the Act's commencement, as well as those entering the country subsequently, to register within a specified time frame and manner. Section 12 mandates that upon registration, an alien must receive a certificate of registration and surrender it before leaving the Commonwealth. Aliens are also required to notify prescribed officers of changes in residence (section 9), occupation (section 10), and surname (section 11).
- The Act imposes several obligations on aliens, including the duty to provide accurate information upon request by an officer (section 13), refrain from making false statements in any application or document (section 14), and to adhere to the deadlines set for various registration-related actions. Officers are empowered to request information and documents related to an alien’s identity, nationality, and residence. Additionally, section 15 stipulates that a person must not sign an alien's application or document unless they reasonably believe the statements to be true, while section 16 prohibits the falsification of signatures.
- Breaches of the Act or associated regulations can result in civil and criminal penalties. According to section 20, any person who contravenes or fails to comply with any provision of the Act is guilty of an offence, with penalties including a fine of up to Fifty pounds or imprisonment for up to three months. The Act also allows for continuing offences (section 17) and stipulates that prosecutions for offences can be initiated at any time after the offence has been committed (section 19). Furthermore, the Governor-General has the authority under section 21 to make regulations prescribing penalties not exceeding Fifty pounds, or imprisonment not exceeding three months, or both, for offences against the regulations.
- Area of Law
- Immigration & Refugee Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Offence Provisions