Aliens
No. 12 of 1965
An Act to amend the Aliens Act 1947-1959.
[Assented to 17 May, 1965]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Aliens Act 1965.
(2.) The Aliens Act 1947-1959 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Aliens Act 1947-1965.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Exemption from registration.
3. Section 8 of the Principal Act is amended by omitting the words “nine, ten and ten a” and inserting in their stead the words “nine and ten a”.
4. Sections 9 and 10 of the Principal Act are repealed and the following section is inserted in their stead:—
Annual notification of address, occupation and marital status.
“9.—(1.) An alien who, on the prescribed day in any year, was an alien and was in Australia shall, within one month after that day, in the prescribed manner, notify a prescribed person—
(a) of the address of the place of residence, and the occupation or employment, of the alien; and
(b) whether the alien is single, married, widowed or divorced, as at the time of the notification.
“(2.) Where an alien who is required by the last preceding sub-section to notify a prescribed person, within one month after the prescribed day in any year, of the matters referred to in that sub-section was under the age of twenty-one years on that day—
(a) the notification may be made on behalf of the alien by a parent or guardian of the alien; and
(b) if the notification is not made within that month—each parent or guardian of the alien shall be deemed to have contravened this section.”.
Offences to be continuing.
5. Section 17 of the Principal Act is amended by adding at the end thereof the following sub-section:—
“(3.) Notwithstanding that the period within which an alien under the age of twenty-one years is required by sub-section (1.) of section nine of this Act to notify a prescribed person of the matters referred to in that sub-section has expired, or that a parent or guardian of the alien has been convicted for contravening that section, each parent or guardian of the alien shall, until the notification is made or the alien attains the age of twenty-one years, whichever first happens, continue to be deemed to have contravened that section and is subject to the same penalty as if he had been proceeded against for contravening that section.”.
Settlement of cases.
6. Section 18 of the Principal Act is amended by omitting the words “section nine, section ten or section ten a” and inserting in their stead the words “section nine or section ten a”.
Overview
The Aliens Act 1965 was enacted to amend the Aliens Act 1947-1959, addressing specific administrative and registration requirements for aliens in Australia. This legislation was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, and it came into operation on the day it received Royal Assent. The primary objective of this Act was to streamline and update the registration process for aliens, ensuring that they provide accurate and timely notifications regarding their residency, occupation, and marital status. Additionally, it imposed continued liability on parents or guardians of aliens under the age of twenty-one for failure to notify authorities of the alien's details, even after the alien reaches the age of majority or the notification period expires. This was intended to enhance oversight and compliance within the alien community in Australia.
Scope and Application
The Aliens Act 1965 amends the Aliens Act 1947-1959 to introduce new requirements for aliens in Australia, specifically concerning the notification of their address, occupation, and marital status. This Act applies to any alien who is present in Australia on the prescribed day in any year, mandating them to notify a prescribed person of their current residential address, occupation or employment, and marital status within one month. For aliens under the age of twenty-one, this notification can be made by a parent or guardian, who are also subject to the same penalties if the notification is not completed within the specified timeframe. The Act extends its application nationally as Commonwealth legislation, covering all states and territories within Australia. The Act also amends previous sections and includes provisions that allow for the continuation of certain offences if specific conditions are not met, ensuring ongoing compliance from the guardians of minors who are required to notify authorities of their details.
Key Provisions
The Aliens Act 1965 (hereinafter referred to as the "Act") introduces several amendments to the Aliens Act 1947-1959 (referred to as the "Principal Act"). Section 3 of the Act modifies the exemption from registration for certain aliens, while sections 9 and 10 of the Principal Act are repealed and replaced with a new section 9 that mandates aliens to provide annual notifications regarding their address, occupation, and marital status (Section 9(1)). In cases where an alien is under the age of twenty-one, their parent or guardian can make the notification on their behalf (Section 9(2)(a)). If the notification is not made within the specified timeframe, the parent or guardian is deemed to have contravened the Act (Section 9(2)(b)).
The Act imposes several obligations on the parties it governs. Aliens who are in Australia on the prescribed day of each year must notify a prescribed person of their current address, occupation, and marital status within one month (Section 9(1)). If an alien is under the age of twenty-one, their parent or guardian is responsible for making this notification (Section 9(2)(a)). Additionally, the obligation to notify continues until the notification is made or the alien attains the age of twenty-one, regardless of whether the initial notification period has expired or if the parent or guardian has been convicted for non-compliance (Section 5(3)).
Non-compliance with the notification requirements under the Act can lead to significant consequences. Specifically, parents or guardians who fail to make the required notification on behalf of an alien under the age of twenty-one are deemed to have contravened the Act, even if the notification period has passed or if they have already been convicted for a previous contravention (Section 5(3)). The penalties for such contraventions are not explicitly stated in the provided text, but it is clear that the consequences are severe enough to warrant ongoing liability until the notification is completed or the alien reaches the age of twenty-one.