Aliens Regulations (Amendment)

Overview

The Statutory Rules 1974 No. 191, titled "Regulations under the Aliens Act 1947-1973", were introduced to amend the Aliens Regulations, which were initially created under the Aliens Act 1947-1973. These regulations were enacted to address administrative and procedural issues relating to the registration and control of aliens within Australia. The objective of these regulations is to update the administrative structure and fees associated with the registration of aliens, reflecting changes in government departments and the need to align terminology and processes with current administrative practices. The enacting body is the Governor-General of Australia, acting on the advice of the Executive Council, with Clyde R. Cameron, the Minister of State for Labor and Immigration, overseeing the changes. The amendments aim to streamline the registration process, update relevant department names, and adjust fees to reflect contemporary economic conditions.

Scope and Application

The Aliens Regulations 1974 apply to individuals and entities involved in the administration and compliance related to the Aliens Act 1947-1973. This includes prescribed persons, such as those who need to be registered in the Register of Aliens, and officers of the Department of Labor and Immigration who are responsible for making, altering, or removing entries in the Register of Aliens. The geographic reach of these regulations is national, as they apply across Australia, governed by the Commonwealth. The Regulations also cover transactions and conduct related to the registration and management of aliens, including applications for registration, furnishing of photographs, and the notification of changes in recorded particulars. Certain regulations have been repealed, such as those pertaining to the exemption of aliens on short visits and the penalty for failure to furnish a photograph. The amendments update references from the former "Department of Immigration" to the "Department of Labor and Immigration" and adjust financial penalties from pounds to Australian dollars. The application and scope of these regulations may be further extended or restricted by subordinate instruments issued under the authority of the Act.

Key Provisions

These regulations, made under the Aliens Act 1947-1973, bring about several key amendments to the Aliens Regulations. Regulation 3 modifies the definition of a “prescribed person” by replacing references to the “Department of Immigration” with “Department of Labor and Immigration” (Regulation 3(1)). Regulation 4 updates the process for making, altering, or removing entries in the Register of Aliens, stipulating that these actions must now be carried out by an officer of the Department of Labor and Immigration who is authorised by the Secretary or the Regional Director of Migration for the relevant state or territory (Regulation 4(1)). Regulation 6 adjusts the fee for making an application for registration from Fifty Pounds to $100 (Regulation 6(3)). The regulations impose specific obligations on the parties they govern. For example, Regulation 4 mandates that any changes to entries in the Register of Aliens must be conducted by authorised officers of the Department of Labor and Immigration. Similarly, Regulation 6 requires that applications for registration must be accompanied by a fee of $100. Regulation 8 obligates aliens to furnish a photograph when required, and Regulation 13 necessitates that changes in recorded particulars must be notified to the Regional Director of Migration for the relevant state (Regulation 13(1)). Failure to comply with the requirements set out in these regulations may result in various consequences. For instance, Regulation 6 imposes a financial penalty of $100 for non-compliance with the registration application process. Regulation 8 also stipulates a penalty of $100 for failure to furnish a photograph when required. Additionally, Regulation 13 imposes a $100 penalty for not notifying changes in recorded particulars to the Regional Director of Migration. While the specific penalties are not detailed in the text, it is clear that non-compliance with these regulatory provisions may result in financial penalties.