Aliens Deportation Regulations

Legislation au C1949L00021 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1949. No.    .

 

REGULATION UNDER THE ALIENS DEPORTATION ACT 1948*.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Aliens Deportaion Act 1948.

Dated this FOURTEENTH day of APRIL, 1949.

W.J. McKELL

Governor-General.

By His Excellency’s Command,

(illegible)

Minister of State for Immigration

 

ALIENS DEPORTATION REGULATIONS.

Citation.

  1. These Regulations may be cited as the Aliens Deportation Regulations.
  2. In these regulations unless the contrary intention appears-

“Commissioner” means a Commissioner appointed under section 5 of the Act;

“investigation” means an investigation into the character of an alien by a Commissioner under section 5 of the Act;

“the Act” means the Aliens Deportation Act 1948.

Form of order for deportation

3.       An order for deportation of an alien under section 5 of the Act shall be in accordance with Form A or Form B in the Schedule to these Regulations, as the circumstances of the case require.

Master of vessel to prevent deportee from leaving vessel

4.       When a deportee has been placed on board a vessel for the purpose of his deportation from Australia the master of the vessel shall take all reasonable measures to prevent the deportee from leaving the vessel prior to its departure from its last port of call in Australia.

 

 

* Notified in the Commonwealth Gazette on      ,1949.

 

 

Power to send for witnesses

5.       A Commissioner may, by writing under his hand, summon any person to attend before the Commissioner at a time and place specified in the summons to give evidence and to produce any books or documents in his custody or control which he is required by the summons to produce.

6.       -(1.) A Commissioner may administer an oath to any person appearing as a witness before the Commissioner, whether the witness has been summoned or appears without being summoned, and may examine the witness on oath.

(2.) Where any witness conscientiously objects to take an oath, he may make an affirmation that he conscientiously objects to take an oath and that he will state the truth, the whole truth, and nothing but the truth to all questions that are asked him.

(3.) An affirmation so made shall be of the same force and effect, and shall entail the same liabilities, as an oath.

7.       A person summoned to attend before a Commissioner as a witness shall not -

(a) fail without reasonable cause to attend;

(b) refuse to be sworn or to make an affirmation as a witness, or to answer any question which the Commissioner considers relevant to the investigation; or

(c) refuse or fail, without reasonable cause, to produce any book or document which he was required by the summons to produce.

8.       A statement or disclosure made by a witness in answer to a question put to him during an investigation shall not (except in proceedings in respect of a false answer) be admissible in evidence against him in any civil or criminal proceedings.

9.       -(1) An alien summoned to appear before a Commissioner shall be entitled to be represented by a barrister, a solicitor or an agent, and the Minister may likewise be represented.

 (2.) The Attorney-General may appoint a barrister or solicitor to assist a  Commissioner in an investigation.

 

 

 

 

 

 

 

 

 

 

 

 (3) Any barrister, solicitor or agent appearing before a Commissioner may examine or cross-examine witnesses and address the Commissioner.

10.   A person who is summoned to appear to give evidence before a Commissioner shall be entitled to be paid witness fees and travelling expenses according to the tariff of fees payable to witnesses in the Supreme Court of the State or Territory in which he is summoned to give evidence.

11.   (1.) A summons under the Act or these Regulations may be served either personally on the person to be served or by prepaid registered letter addressed to the person at his last known place of abode or by leaving it at his last known place of abode with some other person apparently an inmate of that place and apparently not less than sixteen years of age.

(2.) A summons directed to the master of a vessel upon an information alleging the commission by the master of an offence against the Act or these Regulations shall be deemed to be duly served on the master if the summons is delivered to a person authorized by the master to accept service of process on the master’s behalf.

12.   A person who contravenes any provision of these Regulations shall be liable, upon conviction, to a penalty of a fine not exceeding Fifty pounds or imprisonment not exceeding three months, or both.


THE SCHEDULE

Form A           Regulation 3.

Commonwealth of Australia

Aliens Deportation Act 1948.

ORDER FOR DEPORTATION

 

 

Whereas a Commissioner under the Aliens Deportation Act 1948 has reported that one …………………………………………………………………………………………………………………………………………………………………………………………………………………………being an alien, is not a fit and proper person to be allowed to remain in Australia.

Now, therefore, I, ………………………………………………………………………………. Minister of State for Immigration, in pursuance of section five of the said Act, do order that the said ….………………………………………………………………………………………………………...……………………………………………………………………………………………………………be deported from Australia, and I direct that pending deportation he be kept in such custody as ……...

…………………………………………………………………………………………………..directs.

 Dated this   day of

One thousand nine hundred and

Minister of State for Immigration

 


Form B          Regulation 3.

Commonwealth of Australia

Aliens Deportation Act 1948.

ORDER FOR DEPORTATION

 

 

Whereas one ……………………………………………………………………………………………

……………………………………………………………………………………………………………is an alien who was summoned in pursuance of section five of the Aliens Deportation Act 1948 to appear before a Commissioner:

And Whereas the said ……….………………………………………………………………….

failed to appear before the Commissioner at the time and place specified in the summons:

Now, therefore, I, ……………………………………………………………………………….

Minister of State for Immigration, in pursuance of section five of the said Act, do order that the said

…………………………………………………………………………………………………………………………………………………………………………………………………………………………be deported from Australia, and I direct that pending deportation he be kept in such custody as………

……………………………………………………………………………………………………directs.

 Dated this   day of

One thousand nine hundred and

Minister of State for Immigration

 

Overview

The Aliens Deportation Regulations 1949 were enacted under the Aliens Deportation Act 1948 by the Governor-General in Council, W.J. McKell, on 14 April 1949. These Regulations were introduced to provide detailed administrative provisions for the deportation of aliens from Australia, ensuring a structured and legally compliant process. They were enacted by the Commonwealth Parliament to address the need for clear regulations governing the deportation of individuals who were deemed not fit and proper to remain in the country. The policy objective is to ensure that the deportation process is conducted fairly and efficiently, protecting the rights of the deportees while maintaining the security and integrity of Australia's borders.

Scope and Application

The Aliens Deportation Regulations 1949, made under the Aliens Deportation Act 1948, outline the procedural and administrative measures for the deportation of aliens from Australia. These regulations apply to aliens who are deemed unfit to remain in the country, as determined by a Commissioner appointed under the Act. The scope of the regulations encompasses the entire Commonwealth of Australia and applies to any alien who is subject to the Act. It is pertinent to note that these regulations provide for the detailed procedures that must be followed when issuing deportation orders, including the forms to be used and the necessary steps for the investigation and subsequent deportation of the alien. Additionally, the regulations specify the powers of the Commissioner, including the ability to summon witnesses, administer oaths, and compel the attendance and testimony of individuals relevant to the investigation. Furthermore, they establish the rights of the alien, such as the right to legal representation, and outline the penalties for contravening the regulations. The regulations do not contain any explicit exclusions or exemptions, but they do allow for flexibility in the application of the Act through subordinate instruments.

Key Provisions

The Aliens Deportation Regulations, made under the Aliens Deportation Act 1948, lay out specific requirements for the deportation process of aliens. Section 3 of the Regulations details the form an order for deportation must take, specifying either Form A or Form B in the Schedule, depending on the circumstances of the case. Form A is used when a Commissioner has reported that an alien is not a fit and proper person to remain in Australia, while Form B is used when an alien fails to appear before a Commissioner as required. Section 4 mandates that the master of a vessel carrying a deportee must take reasonable measures to ensure the deportee does not leave the vessel before it departs from its last Australian port of call. Section 5 allows a Commissioner to summon any person to give evidence or produce documents, with the power to administer oaths or affirmations as necessary. The Regulations impose several obligations on the parties involved in the deportation process. For instance, Section 6 requires witnesses to attend when summoned, be sworn or make an affirmation, and answer relevant questions without refusing to produce required documents. Section 9 allows aliens and the Minister to be represented by legal professionals, who can examine or cross-examine witnesses and address the Commissioner. Additionally, Section 10 entitles witnesses to be paid fees and expenses similar to those in the Supreme Court of the relevant State or Territory. Breaches of the Regulations can result in significant consequences. Section 12 states that any person found in violation of the Regulations is liable to a penalty, which can include a fine of up to Fifty pounds, imprisonment for up to three months, or both. The Regulations also stipulate that statements made by witnesses during an investigation cannot be used against them in civil or criminal proceedings, except in cases of false answers. The service of summons, outlined in Section 11, must be done personally, by prepaid registered letter, or by leaving it with an appropriate person at the last known address of the recipient.

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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.