Aliens Regulations (Amendment)

Overview

The Statutory Rules 1959 No. 71, Regulations Under the Aliens Act 1947-1959, were enacted by the Governor-General in Council under the authority granted by the Commonwealth of Australia. This legislation was introduced to amend existing regulations pertaining to the registration and identification of aliens in Australia. The objective was to streamline and modernise the administrative processes involved in the registration of aliens, ensuring that the identification methods and documentation were consistent and up to date. The regulations were intended to address gaps in the administrative procedures for aliens, particularly in relation to the collection and use of biometric data such as photographs for identification purposes. The regulations were made to provide clarity and efficiency in the registration process, reflecting changes in the legal framework and administrative practices of the time.

Scope and Application

The Aliens Regulations 1959, under the Aliens Act 1947-1959, primarily apply to aliens, defined as non-citizens of Australia, who are seeking registration or who are already registered under the Act. These regulations set out specific requirements for the registration process, such as the submission of a photograph for identification purposes and the updating of reference numbers for aliens registered before and after the commencement of the Aliens Act 1959. The regulations also detail changes to the process for notifying authorities of changes in personal details such as marriage or name changes. The scope of these regulations is national, as they are made under Commonwealth legislation and apply across Australia. Certain regulations pertaining to information about passengers and crews of ships and aircraft have been modified to reflect changes in how alien reference numbers are recorded and reported. These regulations do not specify exclusions or exemptions but are enforced through the stated penalties for non-compliance. The regulations can be extended or further defined through subordinate instruments, as indicated by the amendments and repeals of previous regulations and forms.

Key Provisions

The main provisions of the Regulations under the Aliens Act 1947-1959, as amended by Statutory Rules 1959 No. 71, include the amendment of Regulation 3 to define the reference number of an alien (Regulation 1(3)), the introduction of a new requirement for an alien to furnish a photograph upon application for registration (Regulation 2(1)), and the repeal of Regulation 8, which was replaced with a new requirement for the alien to furnish a photograph (Regulation 2(2)). The Regulations also mandate the submission of an application for consent in writing in accordance with Form 7 for any change of surname by an alien (Regulation 3). Further amendments include the omission of certain references to the certificate of registration number in Regulations 10, 20, and Forms 5, 6, and 7, replacing them with references to the alien's reference number (Regulations 3, 6, 7, 8, 9). Additionally, Regulations 14 through 19, and Forms 8 and 9, have been repealed (Regulations 5, 10). The obligations imposed by these Regulations on aliens primarily concern the furnishing of personal information and photographs. Aliens must submit an unmounted photograph of themselves for identification purposes when applying for registration or as directed by an officer (Regulation 2(1)). Aliens also need to provide a written application for consent for a change of surname, following the format prescribed in Form 7 (Regulation 3). Furthermore, aliens must ensure that any documentation, such as Forms 5, 6, and 7, reflects their reference number instead of their certificate of registration number (Regulations 6, 7, 8, 9). Failure to comply with the Regulations carries specific penalties and consequences. For instance, if an alien does not furnish a suitable photograph as required by Regulation 2(1), they may be subject to a penalty of fifty pounds or imprisonment for three months (Regulation 2(2)). The penalties and consequences are explicitly outlined in the Regulations, ensuring that non-compliance is met with appropriate sanctions under the law.