Aliens Deportation Act 1948

Legislation au C1948A00084 Not in force Act

Legislation content

ALIENS DEPORTATION.

 

No. 84 of 1948.

An Act to provide for the Deportation of certain Aliens.

[Assented to 21st December, 1948.]

[Date of commencement, 18th January, 1949.]

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 Deportation Act 1948.

Repeal and saving.

2.—(1.) The Aliens Deportation Act 1946 is repealed.

(2.) Notwithstanding the repeal effected by the last preceding sub-section any alien whose deportation from the Commonwealth has been ordered in pursuance of the Aliens Deportation Act 1946 may be deported as if that Act were still in force.

Definitions.

3. In this Act, unless the contrary intention appears—

“alien” means a person who is an alien within the meaning of the Nationality and Citizenship Act 1948;

“approved form” means a form approved by the Minister ;

“deportee” means an alien for whose deportation the Minister has made an order under this Act;

“officer” means an officer of the Department of Immigration, and, in relation to the exercise of any power or the discharge of any function under this Act, means an officer of the Commonwealth or a member of the police force of a State or of a Territory which is part of the Commonwealth who is authorized in writing by the Minister to exercise that power or discharge that function.

Application in relation to aircraft.

4. The provisions of this Act which are expressed to apply in relation to vessels shall apply mutatis mutandis in relation to aircraft, and, for that purpose, any reference in those provisions to a vessel, the master of a vessel or a port shall be deemed to be a reference to an aircraft, the pilot in command of an aircraft or an airport, respectively.

Deportation of certain aliens.

5.—(1.) If it appears to the Minister that the conduct and character of an alien is such that that alien should not be allowed to remain in Australia, the Minister may, by notice in writing, summon the alien to appear before a Commissioner, at the time and place specified m the summons.


(2.) A Commissioner for the purposes of this section shall be appointed by the Governor-General and shall be a person who is or has been a Judge of the Supreme Court of a State or of a Territory which forms part of the Commonwealth.

(3.) The Commissioner shall make a thorough investigation of the conduct and character of the alien without regard to legal forms and shall not be bound by any rules of evidence, but may inform himself on any relevant matter in such manner as he thinks fit.

(4.) After the investigation the Commissioner shall report to the Minister as to whether the Commissioner considers that the alien is a fit and proper person to be allowed to remain in Australia.

(5.) If—

(a) the Commissioner reports that he considers that the alien is not a fit and proper person to be allowed to remain in Australia; or

(b) the alien fails to appear before the Commissioner at the time and place specified in the summons,

the Minister may make an order for deportation of the alien from Australia and the alien shall be deported accordingly.

Duty of master, &c., of vessel in connexion with deportation of alien.

6.—(1.) The master, owner, agent or charterer of a vessel shall, when required so to do by notice in writing by the Minister, or by an officer authorized in writing by the Minister for the purpose, receive on board, for conveyance to such port to which the vessel is bound as is specified in the notice, any deportee for passage in accordance with the order for deportation and shall also receive on board, for such time as is specified in the notice, any officer or person charged with the custody of the deportee.

(2.) For the services specified in the last preceding sub-section the Commonwealth shall be liable to pay to the master, owner, agent or charterer the passage money of the deportee and such sum on account of the maintenance of the deportee and of the officer or person (if any) charged with the custody of the deportee as the Minister considers reasonable.

(3.) The master, owner, agent and charterer of any vessel who refuses or fails without reasonable cause, proof whereof shall lie upon him, to comply with a notice issued in pursuance of sub-section (1.) of this section shall be guilty of an offence.

(4.) Any person who is guilty of an offence against this section shall be liable—

(a) if a body corporate—to a fine of Two hundred pounds; or

(b) if any other person—to a fine of One hundred pounds or imprisonment for six months, or both.

Custody pending deportation.

7.—(1.) A deportee may—

(a) pending his deportation and until he is placed on board a vessel for deportation from Australia;


(b) at any port in Australia at which the vessel calls after he has been placed on board; and

(c) on board the vessel until its departure from its last port of call in Australia,

be kept in such custody as the Minister or an officer directs.

(2.) The Minister may direct that a deportee be not kept in custody or be released from custody if two persons give security, each in the value of One hundred pounds, by—

(a) a deposit of cash or Treasury bonds or negotiable instruments, together with a memorandum of deposit in the approved form; or

(b) a security in the approved form,

that the deportee will leave Australia within such time as is specified in the order for his deportation or as the Minister directs by notice in writing to the sureties.

(3.) A security given in pursuance of the last preceding subsection shall suffice for all the purposes of a bond or guarantee, and shall, without sealing, bind its subscriber as if it were sealed.

Production of deportee at last port of call.

8.—(1.) The master of a vessel upon which a deportee has been placed in pursuance of this Act shall, upon being requested so to do by an officer, produce the deportee for inspection by the officer immediately prior to the vessel’s departure from its last port of call in Australia.

(2.) The master of a vessel who refuses or fails to comply with the request of an officer made in pursuance of the last preceding sub-section or to produce a deportee for inspection upon such request or who refuses or neglects to afford all reasonable facilities to an officer for the performance of his duties shall be guilty of an offence.

Penalty: One hundred pounds or imprisonment for six months.

Arrest of deportees.

9. An officer may, without warrant, arrest any person reasonably supposed to be a deportee and a person shall not resist or prevent any such arrest.

Penalty: One hundred pounds or imprisonment for six months.

Concealing or assisting deportees to evade deportation.

10. A person who, knowing an alien to be a deportee, conceals, receives or harbours the deportee, aids or assists the deportee in concealing himself or in any way whatsoever assists the deportee to evade deportation in accordance with an order under this Act shall be guilty of an offence.

Penalty: One hundred pounds or imprisonment for six months.

Dependants of deportee.

11. Where an order has been made under this Act for the deportation of an alien and the alien has a wife who is an alien, or a wife and dependent children who are aliens, she or they may, if the wife so desires and notifies the Minister, be included in the order for deportation, and, after her or their inclusion in the order, the provisions of this Act relating to deportation shall apply to and in relation to her or them.


Regulations.

12. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act, and in particular for prescribing penalties not exceeding Fifty pounds or imprisonment not exceeding three months, or both, for any offence against the regulations.

 

Overview

The Aliens Deportation Act 1948 was enacted by the Parliament of Australia to facilitate the deportation of certain aliens from the country. The Act was introduced to address the need for a legal framework that would allow for the expulsion of individuals who were deemed unsuitable to remain in Australia based on their conduct and character. The Act replaced the Aliens Deportation Act 1946 and provided for a streamlined process involving the appointment of a Commissioner to investigate and report on the suitability of the alien for continued residence. The policy objective of the Act was to ensure that the deportation process could be carried out effectively and efficiently, thereby maintaining the integrity and security of Australian borders.

Scope and Application

The Aliens Deportation Act 1948 applies to aliens within the meaning of the Nationality and Citizenship Act 1948, focusing on their conduct and character as grounds for deportation from Australia. The Act is applicable nationwide, under the jurisdiction of the Commonwealth, and its provisions extend to both vessels and aircraft through specific adaptations. It provides the Minister with the authority to order the deportation of an alien if their conduct and character deem them unfit to remain in Australia. The Act also mandates the cooperation of vessel masters, owners, agents, or charterers in the deportation process, with financial compensation provided by the Commonwealth for the services rendered. Additionally, it allows for the arrest and custody of deportees, with provisions for their release on security. The Act further stipulates penalties for various offences related to deportation, including the concealment or aiding of deportees, and extends its application to the dependants of deportees if included in the deportation order. The Act's application may be further defined or modified through regulations made by the Governor-General, which must not exceed certain penalties.

Key Provisions

The Aliens Deportation Act 1948 (sections 1-12) is a piece of legislation that enables the deportation of certain aliens from Australia. The Act commences with a short title (section 1) and repeals the previous Aliens Deportation Act 1946 while allowing ongoing deportation orders under the repealed Act to proceed (section 2). Key definitions are provided in section 3, such as "alien," "deportee," and "officer." Section 4 extends the application of the Act to aircraft by analogy with its application to vessels. The central provision of the Act is section 5, which allows the Minister to summon an alien for investigation by a Commissioner, who must report on the alien's fitness to remain in Australia. If the Commissioner deems the alien unfit or if the alien fails to appear, the Minister may order deportation. Section 6 outlines the obligations of shipmasters and others to transport deportees and imposes penalties for non-compliance. Section 7 details the custody of deportees pending their departure, including the option for the Minister to release deportees on security being provided. Section 8 requires shipmasters to produce deportees for inspection by officers and imposes penalties for non-compliance. Section 9 permits officers to arrest deportees without a warrant and prohibits resistance to such arrests. Section 10 criminalises the concealment or assistance of deportees in evading deportation, with penalties outlined. Section 11 allows for the deportation of dependents of deportees if the wife or dependent children are also aliens. Finally, section 12 empowers the Governor-General to make regulations for the Act's administration, including prescribing penalties not exceeding £50 or three months' imprisonment, or both, for regulatory offences. The Act imposes various obligations on parties and entities it governs. The Minister is responsible for summoning aliens for investigation (section 5), making deportation orders (section 5), and directing the custody of deportees (section 7). Commissioners appointed by the Governor-General must conduct thorough investigations of aliens' conduct and character (section 5). Shipmasters, owners, agents, and charterers must comply with orders to transport deportees and provide custody (section 6). Officers are tasked with inspecting deportees at ports (section 8) and arresting deportees (section 9). All persons are prohibited from concealing or assisting deportees to evade deportation (section 10). The Governor-General has regulatory powers to prescribe matters necessary for the Act's implementation (section 12). Breaches of the Act and its regulations carry civil and criminal consequences. Refusal or failure to comply with orders to transport or inspect deportees, or to provide reasonable facilities to officers, incurs a penalty of £100 or six months' imprisonment, or both (sections 6(4) and 8). Similarly, assisting or concealing deportees to evade deportation carries a penalty of £100 or six months' imprisonment, or both (section 10). The regulations may prescribe additional penalties of up to £50 or three months' imprisonment, or both, for offences against the regulations (section 12).

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Area of Law
Immigration & Refugee Law
Instrument
Act
Concepts
Definitions & Interpretation
Offence Provisions
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.