Aliens Act 1973
No. 132 of 1973
AN ACT
To amend the Aliens Act 1947-1966.
[Assented to 13 November 1973]
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—
Short title and citation.
1. (1) This Act may be cited as the Aliens Act 1973.
(2) The Aliens Act 1947-1966 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 1947-1973.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Aliens to register.
3. Section 7 of the Principal Act is amended by omitting from sub-sections (3) and (4) the word “twenty-one” and substituting the word “eighteen”.
Making of application for registration before entry into Australia.
4. Section 7a of the Principal Act is amended by omitting from sub-section (2) the word “twenty-one” and substituting the word “eighteen”.
Exemption from registration.
5. Section 8 of the Principal Act is amended by omitting from sub-sections (1) and (2) the word “, nine”.
Annual notification of address, occupation and marital status.
6. Section 9 of the Principal Act is repealed.
Offences to be continuing.
7. Section 17 of the Principal Act is amended—
(a) by omitting from sub-section (2) the word “twenty-one” (wherever occurring) and substituting the word “eighteen”; and
(b) by omitting sub-section (3).
Settlement of cases.
8. Section 18 of the Principal Act is amended by omitting the words “,section nine”.
Formal amendments.
9. The Principal Act is further amended as set out in the Schedule.
SCHEDULE Section 9
FORMAL AMENDMENTS
1. The following provisions of the Principal Act are amended by omitting any number expressed in words that is used, whether with or without the addition of a Setter or letters, to identify a section of that Act or of another Act and substituting that number expressed in figures:—
Sections 8(1) and (2), 11(4)(b), 17(2), 18 and 18a(1) and (3).
2. The following provisions of the Principal Act are amended by omitting the words “of this Act” and “of this section” (wherever occurring):—
Sections 8(1) and (2), 11(1), 17(2), 18 and 18a(1).
3. The Principal Act is further amended as set out in the following table:—
Provision | Amendment |
Sub-sections 11(2) and (3)... | Omit “the first day of January, One thousand nine hundred and forty-eight,”, substitute “1st January, 1948,”. |
Sub-section 11(4)......... | Omit “of this section” (first occurring). |
Overview
The Aliens Act 1973 (C1973A00132) was enacted by the Queen, the Senate, and the House of Representatives of Australia on 13 November 1973, with the primary objective of amending the Aliens Act 1947-1966. This Act sought to address various legislative gaps and update certain provisions of the existing framework governing the registration and residency of non-citizens in Australia. The Act, which came into operation on the day it received Royal Assent, made several key amendments to the Principal Act, including lowering the age of majority from twenty-one to eighteen years for various registration and reporting requirements. Additionally, it streamlined the legislative language by replacing certain words and numbers with their numerical and simplified counterparts. This legislative effort aimed to modernise the regulatory environment concerning the management of non-citizens' presence in Australia.
Scope and Application
The Aliens Act 1973, which amends the Aliens Act 1947-1966, applies to individuals who are aliens, meaning non-citizens and non-nationals, within the Commonwealth of Australia. This Act modifies the requirements for registration, the age of majority for certain provisions, and the obligations of annual notifications for aliens. The Act stipulates that aliens must register upon entering Australia, and the age for making an application for registration before entry into Australia and for certain offences to be considered ongoing is reduced from twenty-one to eighteen years. Notably, the Act exempts certain individuals from registration, although the specific criteria for such exemptions are not detailed within the provided text. The Act has a national reach, applying across all states and territories of Australia, and it extends its application through formal amendments as detailed in the Schedule. Additionally, the Act repeals the requirement for annual notification of address, occupation, and marital status, streamlining certain administrative obligations for aliens.
Key Provisions
The Aliens Act 1973 introduces several significant changes to the existing Aliens Act 1947-1966, which is referred to as the Principal Act in this Act. Firstly, it lowers the age requirement for aliens to register from twenty-one to eighteen, as amended in sections 7 and 7a (section 3 and 4). Secondly, it removes the exemption clause for aliens from registration and annual notification requirements, which previously allowed exemptions for individuals under nineteen (section 5 and 6). Thirdly, it updates the age of criminal responsibility from twenty-one to eighteen (section 7). Furthermore, it modifies the settlement of cases by removing the reference to section nine (section 8). The Act also includes formal amendments to various sections of the Principal Act, such as updating the reference to dates and removing certain wordings for clarity (Schedule).
Under the Aliens Act 1973, aliens are obligated to register upon entering Australia if they are eighteen years of age or older, as stipulated in section 7. This registration requirement ensures that all aliens are accounted for and their details are recorded. Furthermore, the Act mandates that aliens must notify the authorities annually of any changes in their address, occupation, or marital status. These obligations are designed to keep the government informed about the whereabouts and status of aliens within the country.
The Aliens Act 1973 also outlines the consequences for non-compliance with its provisions. For example, failure to register as an alien upon entering Australia, if required by section 7, could result in penalties as outlined in the Principal Act. Additionally, not adhering to the annual notification requirements could lead to legal repercussions. The Act does not specify maximum penalties in its text but refers to the existing provisions under the Principal Act, which may include fines or imprisonment. Breaches of the age-related amendments, such as committing an offence before the age of eighteen, would also be subject to the legal consequences specified in the Principal Act.