Aliens Act 1966

Legislation au C1966A00009 Not in force Act

Legislation content

Aliens

No. 9 of 1966

An Act to amend the Aliens Act 1947–1965.

[Assented to 6 May, 1966]

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 1966.

(2.) The Aliens Act 1947–1965 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 1947–1966.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation.

3. Section 4 of the Principal Act is amended by adding at the end thereof the following sub-sections:—

“(2.) For the purposes of this Act but subject to the next succeeding sub-section, a person who arrives in Australia on board a ship or aircraft shall be deemed to enter Australia when he first disembarks from the ship or aircraft in Australia, whether or not he intends to return to the ship or aircraft.

“(3.) For the purposes of the last preceding sub-section, where a person who arrives in Australia on board an aircraft disembarks from the aircraft at an airport that is a proclaimed airport for the purposes of the Migration Act 1958–1966, that person shall be deemed not to have disembarked from the aircraft at that airport unless and until he leaves that airport otherwise than in the same aircraft.”.

Aliens to register.

4. Section 7 of the Principal Act is amended by omitting paragraph (b) of sub-section (2.) and inserting in its stead the following paragraph:—

“(b) by reason of his having entered Australia—

(i) if, at the date of that entry, he was a registered alien; or

(ii) if, before the date of that entry, an application for his registration was received under the next succeeding section and the application was not cancelled.”.


Making of application for registration before entry into Australia.

5. After section 7 of the Principal Act the following section is inserted:—

“7a.—(1.) An officer may, in relation to a proposed entry into Australia of an alien, receive an application for registration of the alien under this Act, but the name of the alien shall not be entered in a Register of Aliens in pursuance of the application before the alien has entered Australia.

“(2.) An application under the last preceding sub-section shall be made in the prescribed manner by the alien or, if the alien is under the age of twenty-one years, by the alien or, on his behalf, by his parent or guardian.

“(3.) Where it appears to an officer that the proposed entry of an alien into Australia in relation to which an application has been received under this section will not, or is unlikely to, take place, or that it is desirable to do so by reason of lapse of time since the application was made, the officer may cancel the application.”.

Exemption from registration.

6. Section 8 of the Principal Act is amended—

(a) by omitting paragraph (c) and inserting in its stead the following paragraph:—

“(c) a person who enters Australia while an alien and, before the time by which he would, but for this section, be required to apply to be registered as an alien, states to an officer that he does not intend to remain in Australia for more than twelve months; and”; and

(b) by adding at the end thereof the following sub-section:—

“(2.) Notwithstanding the last preceding subsection, where a person referred to in paragraph (c) of that sub-section remains in Australia for more than twelve months after the day on which he entered Australia, the provisions of sections seven, nine and ten a of this Act apply to that person after the expiration of that period.”.

Settlement of cases.

7. Section 18 of the Principal Act is amended by omitting the words “Ten pounds” and inserting in their stead the words “Twenty dollars”.

8. After section 18 of the Principal Act the following section is inserted:—

Acts done outside Australia.

“18a.—(1.) A person who enters Australia after having done an act or thing outside Australia in relation to an application under section seven a of this Act that, if it had been done in Australia, would have constituted an offence against this Act is


guilty of an offence punishable upon conviction by a fine not exceeding One hundred dollars or imprisonment for a period not exceeding three months.

“(2.) Nothing in this section renders a person liable to be punished twice in connexion with the same act or thing done outside Australia.

“(3.) In relation to offences against this section, section thirty-nine of the Judiciary Act 1903–1965 applies as if the several jurisdictions of the courts of the States were not subject to any limits as to locality.”.

9. Section 20 of the Principal Act is repealed and the following section inserted in its stead:—

Penalties for offence.

“20. A person who contravenes or fails to comply with a provision of this Act is guilty of an offence punishable upon conviction by a fine not exceeding One hundred dollars or imprisonment for a period not exceeding three months.”.

Regulations.

10. Section 21 of the Principal Act is amended by omitting the words “Fifty pounds” and inserting in their stead the words “One hundred dollars”.

 

Overview

The Aliens Act 1966, enacted by the Parliament of Australia, serves as an amendment to the Aliens Act 1947–1965. The legislation was introduced to refine and update the regulatory framework governing the entry and registration of aliens in Australia. The principal objective of the Act is to ensure that aliens comply with the necessary registration procedures and to provide clarity on the timing of their entry into Australia, particularly in relation to disembarking from ships or aircraft. By amending certain sections of the Principal Act, the 1966 Act seeks to address administrative and procedural issues that had arisen over the preceding years, thereby enhancing the efficiency and effectiveness of the immigration control system. The Aliens Act 1966 introduces several key amendments, including the definition of when an alien is considered to have entered Australia, the conditions under which aliens must register, and the penalties for non-compliance. By clarifying the registration process and setting out the circumstances under which certain exemptions apply, the Act aims to streamline the administrative procedures and ensure that all aliens entering the country are appropriately registered. Furthermore, the Act establishes penalties for acts committed outside Australia that would constitute an offence if committed within Australia, thereby extending the jurisdictional reach of the immigration laws.

Scope and Application

The Aliens Act 1966 applies to individuals who are aliens, meaning non-Australian citizens or subjects, who enter Australia. The Act primarily concerns the registration of aliens and the penalties associated with failing to comply with its provisions. It extends to the Commonwealth of Australia, thereby affecting all states and territories uniformly. The Act does not specify explicit exclusions but implicitly excludes those who declare their intention to stay in Australia for no more than twelve months. The Act's provisions can be extended or modified through subordinate instruments, such as regulations, which may specify the manner of application for registration or the prescribed penalties. The Act also encompasses acts done outside Australia that, if committed within Australia, would constitute an offence under the Act, thereby extending its jurisdictional reach beyond Australian borders in certain circumstances.

Key Provisions

The Aliens Act 1966 makes several amendments to the Aliens Act 1947–1965, which is now referred to as the Principal Act. The Act itself is cited as the Aliens Act 1966 and came into operation on the day it received Royal Assent. Key sections include the introduction of new definitions and provisions regarding the registration of aliens and amendments to penalties and fees. The Act requires aliens to register under Section 7, which has been amended to clarify the conditions under which an alien is deemed to have entered Australia. An officer can receive an application for registration before an alien enters Australia, but the alien’s name will not be entered into the Register of Aliens until they have actually entered the country. If an alien is under the age of twenty-one, their parent or guardian can make the application on their behalf. Officers have the discretion to cancel applications if it appears that the proposed entry will not or is unlikely to take place, or if it is desirable to do so due to the lapse of time since the application was made. Exemptions from registration are provided under Section 8, allowing aliens who intend to remain in Australia for no more than twelve months to avoid registration. However, if such an alien remains in Australia beyond the twelve-month period, they become subject to the registration requirements and other provisions of the Act. Section 18a introduces new provisions for acts done outside Australia that, if committed in Australia, would constitute an offence under the Act. Offenders can face fines of up to One hundred dollars or imprisonment for up to three months, with the added stipulation that they cannot be punished twice for the same act. The Act imposes significant obligations on aliens, requiring them to register upon entry or before, depending on their circumstances. The amendments to the fees and penalties mean that those who contravene the Act's provisions or fail to comply with its requirements can be fined up to One hundred dollars or imprisoned for up to three months. These amendments ensure that the Act's provisions are enforceable and provide clear consequences for non-compliance.

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Area of Law
Immigration & Refugee Law
Instrument
Act
Concepts
Commencement Provisions
Penalties for offence
Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.