Aliens Registration Act 1939

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ALIENS REGISTRATION.

No. 12 of 1939.

An Act relating to the Registration of Aliens.

[Assented to 21st June, 1939.]

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 Registration Act 1939.

Commencement.

2. This Act shall come into operation on a date to be fixed by Proclamation.

Definitions

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

“alien” means any person over the age of sixteen years other than a person who—

(a) is a British subject within the meaning of the Nationality Act 1920–1936; or

(b) is, by reason of a declaration made under section eighteen a of that Act, entitled, whilst in Australia or any Territory, to all political and other rights, powers and privileges to which a natural born British subject is entitled;

“Chief Electoral Officer” means the Chief Electoral Officer for the Commonwealth;

“Commonwealth Electoral Officer” means the Commonwealth Electoral Officer for a State;

“Commonwealth officer” means any member of the police force of the Commonwealth or of a State or Territory of the Commonwealth, any person permanently employed in the Public Service of the Commonwealth or of a State or any officer of the Permanent Naval, Military or Air Forces of the Commonwealth, acting in the course of his duty;

“Electoral Officer” means the Chief Electoral Officer, a Commonwealth Electoral Officer, the Returning Officer for the Northern Territory or a Registrar of Aliens;

“Registrar” means a Registrar of Aliens; and

“Subdivision” means—

(a) an electoral Subdivision of a Commonwealth Electoral Division;

(b) an electoral Subdivision of the Northern Territory; and

Registrar of Aliens.

4.—(1.) For every Subdivision there shall be a Registrar of Aliens.

(2.) The Electoral Registrar for any Subdivision, other than the Australian Capital Territory, shall be the Registrar of Aliens for that Subdivision.

(3.) The Chief Electoral Officer may appoint any officer of the Public Service of the Commonwealth to be the Registrar of Aliens for the Australian Capital Territory.

5.—(1.) For every Subdivision there shall be a Register of Aliens.

(2.) The Registrar for each Subdivision shall enter or cause to be entered in the Register of Aliens such particulars relating to aliens registered in that Subdivision as are prescribed.

(3.) An alien whose name is entered in a Register of Aliens shall be a registered alien.

Index of Aliens.

6.—(1.) For every State there shall be an Index of Aliens.

(2.) The Commonwealth Electoral Officer for each State shall enter or cause to be entered in the Index of Aliens such particulars relating to registered aliens in that State as are prescribed.

(3.) For the purposes of this section, the Australian Capital Territory and the Northern Territory shall be deemed to be States and the Chief Electoral Officer and the Returning Officer for the Northern Territory shall be deemed to be Commonwealth Electoral Officers.

7. A Register of Aliens or an Index of Aliens shall not be open for inspection except by a person authorized in writing by the Minister.

Aliens to register.

8.—(1.) Subject to this section, every alien in the Commonwealth shall, within the prescribed time and in the prescribed manner, make application to the Registrar for the Subdivision in which the alien resides to be registered as an alien under this Act.

Penalty: Fifty pounds or imprisonment for three months.

(2.) Every alien making application to be registered as an alien under this Act shall make application in the name which he bears at the time of making the application but shall also state in the application the name which appeared on his passport or other document of identity when he first entered the Commonwealth, or, if he produced no passport or other document of identity, the name by which he was then known.

(3.) Nothing in sub-section (1.) of this section shall apply to—

(a) a Consul or Trade Commissioner representing the Government of any foreign country or any member of his staff sent by the Government of that foreign country for employment on his staff:

(b) the wife or dependent relative of any person to whom the last preceding paragraph applies;

(d) an alien who does not intend to reside in the Commonwealth, and does not remain in the Commonwealth, for more than sixty consecutive days, or such shorter period as the Minister, in any particular case, may direct; or

(e) any alien exempted from registration by the Minister or by any officer authorized in that behalf by the Minister.

(4.) For the purposes of the last preceding sub-section, a person shall not be deemed to be a Trade Commissioner representing the Government of a foreign country unless that Government has officially notified the Government of the Commonwealth to that effect.

Alien to notify change of address.

9. A registered alien who changes his place of residence to another address in the Subdivision in which he is registered shall, within the prescribed time, notify the Registrar in writing of his change of address.

Penalty: Fifty pounds or imprisonment for three months.

Transfer of registration.

10. A registered alien who changes his place of residence to an address in a Subdivision other than that in which he is registered shall, within the prescribed time and in the prescribed manner, make application to the Registrar for that other Subdivision for the transfer of his registration to the Register of Aliens for that Subdivision.

Penalty: Fifty pounds or imprisonment for three months.

Temporary absences.

11. Nothing in sections nine and ten of this Act shall apply to any temporary absence from a place of residence which does not exceed sixty consecutive days.

Change of name.

12. A registered alien who changes his name from that in which he is registered shall, within the prescribed time and in the prescribed manner, make application to the Registrar for the Subdivision in which he resides for his registration to be amended accordingly.

Penalty: Fifty pounds or imprisonment for three months.

Certification of registration.

13.—(1.) Upon the registration of an alien under this Act, the Registrar for the Subdivision in which the alien is registered shall issue to the alien a certificate of registration in the prescribed form.

(2.) An Electoral Officer or a Commonwealth officer may require an alien to produce his certificate of registration and any alien who refuses or fails to produce his certificate when so required at a time and place named by the Electoral Officer or Commonwealth officer shall be guilty of an offence.

(3.) A registered alien who leaves or attempts to leave the Commonwealth without having first surrendered his certificate of registration to an Electoral Officer shall be guilty of an offence.

Penalty: Fifty pounds or imprisonment for three months.

Aliens may be required to report to Electoral Officer.

14.—(1.) The Minister may require an alien to report himself to such Electoral Officer or Commonwealth officer at such times and places as the Minister thinks fit and the certificate of registration of the alien shall be endorsed with the particulars of such requirement.

(2.) Any alien failing to report himself as required under subsection (1.) of this section shall be guilty of an offence.

Penalty: Fifty pounds or imprisonment for three months.

Aliens and others to supply information.

15.—(1.) An Electoral Officer or a Commonwealth officer may require any person whom he believes to be an alien to furnish information as to his name, the date and place of his birth, his nationality, residence and occupation and to produce any document or other evidence in his possession or control relating to those matters and any person who refuses or fails to supply that information or to produce the document or other evidence or who knowingly gives false or misleading information shall be guilty of an offence.

Penalty: Fifty pounds or imprisonment for three months.

(2.) An Electoral Officer or a Commonwealth officer may require the occupier of any habitation or any other person to answer any question and to supply information relating to any alien or person whom the Electoral Officer or Commonwealth officer believes to be an alien, and any occupier or other person who refuses or fails to answer that question or to supply that information, or who knowingly gives false or misleading information, shall be guilty of an offence.

Penalty: Twenty pounds or imprisonment for two months.

(3.) No prosecution for an offence against the last preceding sub-section shall be instituted without the consent of the Minister.

Untrue statements by aliens.

16. Any alien who makes any false statement in any application or other document made under this Act or the Regulations shall be guilty of an offence.

Penalty: Fifty pounds or imprisonment for three months.

Offences by witnesses.

17. A person shall not affix his signature as witness to any application or other document signed by an alien in pursuance of this Act or the Regulations unless he has reasonable cause to believe that the statements contained in the application or other document are true.

Penalty: Fifty pounds or imprisonment for three months.

Signing for alien.

18. Any person who places what purports to be the signature of another person on any application or other document made under this Act or the Regulations shall be guilty of an offence.

Penalty: Fifty pounds or imprisonment for three months.

Offences to be continuing.

19. Notwithstanding that the time prescribed for the doing of any act by an alien has expired or that he has been convicted for failing to do that act, the alien shall, until he does that act, continue to be guilty of an offence and subject to the same penalty as if he had been proceeded against for failing to do that act within the prescribed time.

Chief Electoral Officer or Commonwealth Electoral Officer may settle cases.

20. Where any alien admits to the Chief Electoral Officer, a Commonwealth Electoral Officer or the Returning Officer for the Northern Territory that he has failed to do within the prescribed time any act which section eight, section nine, section tenor section twelve of this Act requires him to do, that officer may, with the

consent in writing of the alien and upon proof that the alien has since done that act, determine the matter, and may order that person to pay such pecuniary penalty, not exceeding Five pounds, as he thinks proper, and upon payment of that penalty the alien shall not be liable to be further proceeded against in respect of the same matter.

Time for commencement of prosecutions.

21. A summary prosecution in respect of any offence against this Act or the Regulations may be commenced at any time after the commission of the offence.

Non-application of certain provisions in time of war.

22.—(1.) The provisions of paragraph (d) of sub-section (3.) of section eight and of section eleven of this Act shall not have effect during any time of war.

(2.) In this section, “time of war” has the same meaning as in the Defence Act 1903–1934.

Regulations.

23. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which 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, but without limiting the generality of the foregoing, for obtaining information as to the movements and location of aliens in the Commonwealth, and for prescribing penalties not exceeding Fifty pounds or imprisonment not exceeding three months for any offence against the regulations.

Overview

The Aliens Registration Act 1939 was enacted by the Parliament of Australia to address the need for a structured and systematic approach to the registration and monitoring of aliens within the Commonwealth. The Act established a framework for the registration of aliens, their notification of changes in address, and the maintenance of comprehensive records, aiming to enhance the security and administrative oversight of non-citizens. The policy objective of the Act was to ensure that aliens are registered and their movements and locations are adequately documented and monitored, particularly in the context of national security and public safety. The Act grants the Minister the authority to make regulations necessary for its effective implementation, including the prescribing of penalties for non-compliance. The Act's provisions ensure that aliens must register within a specified period, notify authorities of any changes in their residence, and supply accurate information about themselves. Failure to comply with these requirements is subject to penalties, reinforcing the importance of adherence to the Act's stipulations. This legislative measure was enacted in the context of heightened global tensions and the need for the Commonwealth to protect its borders and interests.

Scope and Application

The Aliens Registration Act 1939 applies to all aliens, defined as individuals over the age of sixteen who are not British subjects or do not have the rights of a natural-born British subject while in Australia or any Territory. The Act applies throughout the Commonwealth of Australia, including its states, territories, and the Australian Capital Territory, as well as the Northern Territory, which is treated as a state for the purposes of this Act. The Act's geographic reach is thus national, encompassing all jurisdictions within Australia. The Act excludes certain categories of individuals from its requirements, such as consuls or trade commissioners and their staff, spouses or dependent relatives of such individuals, masters and crew of public vessels of foreign governments, and aliens who do not intend to reside in Australia for more than a specified period. Additionally, aliens who are exempted from registration by the Minister or an authorised officer are also excluded from the registration requirements. The Act allows for the extension of its application through subordinate instruments, such as regulations, which may be made by the Governor-General to provide for matters necessary for carrying out the Act.

Key Provisions

The Aliens Registration Act 1939 (sections 1 to 23) governs the registration and management of aliens in Australia. The Act mandates that for every electoral subdivision, there must be a Registrar of Aliens (section 4) and a Register of Aliens (section 5), with a similar Index of Aliens for each state (section 6). These registers and indices are not open for public inspection and can only be accessed by those authorised in writing by the Minister (section 7). All aliens residing in the Commonwealth are required to register with the Registrar in the subdivision where they live (section 8), and they must notify the Registrar of any changes in their address, registration transfer, or name changes within a prescribed timeframe (sections 9, 10, and 12). Upon registration, an alien receives a certificate of registration, which they must surrender upon leaving the Commonwealth (section 13). The Act also allows the Minister to require aliens to report to Electoral Officers or Commonwealth officers at specified times and places (section 14) and mandates the supply of information about aliens to Electoral Officers or Commonwealth officers (section 15). False statements in applications or documents made under the Act are considered offences (section 16), as are offences by witnesses and the act of signing for an alien (sections 17 and 18). Failures to comply with the Act’s requirements continue to be considered offences until the required actions are performed, regardless of any prescribed time limits (section 19). The Chief Electoral Officer or a Commonwealth Electoral Officer can settle cases where an alien admits to a failure to comply with certain sections of the Act, provided the alien consents and proof of compliance is presented (section 20). Prosecutions for offences under the Act can commence at any time after the offence is committed (section 21), with certain provisions not applying during times of war (section 22). The Governor-General is empowered to make regulations to enforce the Act, including prescribing penalties not exceeding fifty pounds or three months' imprisonment for any offence against these regulations (section 23).

Area of Law: Immigration & Refugee Law
Instrument: Act
Concepts: Definitions & Interpretation; Regulatory Standards; Offence Provisions; Enforcement Powers

Interactions

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.

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