DEVELOPMENT AND MIGRATION.
No. 29 of 1926.
An Act relating to Development and Migration.
[Assented to 21st July, 1926.]
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 Development and Migration Act 1926.
Commencement.
2. This Act shall commence on a date to be fixed by Proclamation.
Definitions.
3. In this Act, unless the contrary intention appears—
“Commissioner” means a member of the Commission;
“the Chairman” means the Chairman of the Commission;
“the Commission” means the Commission appointed under this Act;
“the Minister” means the Minister of State or member of the Federal Executive Council designated by the Governor-General as the Minister for the purposes of this Act;
“the Vice-Chairman” means the Vice-Chairman of the Commission;
“the principal Migration Agreement” means the Agreement dated the eighth day of April One thousand nine hundred and twenty-five made between the Secretary of State for the Colonies and the Government of the Commonwealth of Australia in relation to the migration of suitable persons from the United Kingdom to Australia, and includes any amendments to that Agreement which are agreed to between the parties thereto;
“a supplementary Migration Agreement” means an agreement made between the Commonwealth and a State for the purpose of carrying out the objects for which the principal Migration agreement was made, and includes any amendments to any such agreement which are agreed to between the parties thereto.
Establishment of Commission.
4.—(1.) For the purposes of this Act there shall be a Development and Migration Commission which shall be charged with the general administration of this Act.
(2.) The Commission shall be a body corporate, with perpetual succession, and a common seal, and may acquire, hold and dispose of real and personal property, and shall be capable of suing and being sued.
(3.) All Courts, Judges and persons acting judicially shall take judicial notice of the seal of the Commission affixed to any document or notice, and shall deem that it was duly affixed.
Members of Commission.
5.—(1.) The Commission shall consist of four members who shall be appointed by the Governor-General.
(2.) The Governor-General shall appoint one of the Commissioners to be Chairman of the Commission, and another of the members to be Vice-Chairman of the Commission.
(3.) Each member of the Commission shall devote the whole of his time to the duties of his office except when he is absent on leave granted by the Governor-General.
(4.) In the case of the illness or absence from Australia of any Commissioner, or in the event of the office of a Commissioner becoming vacant, the Governor-General may, if he thinks fit, appoint a person to act during the illness or absence of the Commissioner, or until the appointment of a Commissioner, as the case may be, and the person…
Overview
The Development and Migration Act 1926 was enacted to address the need for coordinated development and migration policies within Australia. This Act was passed by the Commonwealth Parliament and aimed to establish a framework for the systematic administration of development and migration policies across the nation. The Act sought to facilitate the migration of suitable persons to Australia from the United Kingdom and other countries by setting up a Development and Migration Commission, which was tasked with overseeing the implementation of these policies. The policy objective was to enhance Australia's economic growth and population by strategically managing migration and development initiatives. The Commission was entrusted with investigating and reporting on potential industries and migration schemes, ensuring that all proposals aligned with national interests and objectives.
Scope and Application
The Development and Migration Act 1926 establishes a framework for the development of Australia's resources and the regulation of migration. The Act applies to the Development and Migration Commission, a body corporate appointed by the Governor-General, which is responsible for administering the Act. The Commission's responsibilities include considering matters related to the development of Australia's resources, investigating existing and potential industries, negotiating for the establishment and development of new industries, and making reports and recommendations to the Minister. In relation to migration, the Commission is tasked with examining and recommending on migration proposals, framing and submitting migration schemes to the Commonwealth, controlling migration staff, and other prescribed functions. The Commission's powers and functions are subject to the approval of the Minister and are limited to those matters approved by the Minister. The Act also provides for the borrowing of moneys for migration agreements, the appointment and remuneration of Commission officers and experts, and the annual reporting of the Commission's activities to the Minister and subsequently to Parliament. The Act extends its reach through subordinate regulations made by the Governor-General, which must not be inconsistent with the Act.
Key Provisions
- The Development and Migration Act 1926 establishes the framework for a Development and Migration Commission responsible for overseeing the development of Australia and managing migration (section 4). The Commission is composed of four members appointed by the Governor-General, including a Chairman and Vice-Chairman (section 5). The Act provides for the remuneration and expenses of the Commissioners (section 6), their terms of office (section 7), and the circumstances under which their offices may be vacated or they may be removed (sections 8-10). Importantly, the Act stipulates that Commissioners cannot be subject to the Commonwealth Public Service Act 1922-1924 (section 11). The Act also allows the Treasurer to borrow money for loans to States in line with migration agreements and outlines the Commission's powers and functions (sections 12 and 13). It includes provisions for the appointment of officers and experts, engagement of such personnel, and the audit of the Commission's books and accounts (sections 15-17). Finally, the Governor-General has the authority to make regulations to implement the Act (section 19).
- The Act imposes several obligations on the Commission, including the need to consider and report on matters related to Australia's development and migration, and to submit annual reports to the Minister (sections 13 and 18). The Commission must also ensure that any migration proposals from States are recommended by the Commission before they can be approved by the Commonwealth (section 14). The Act mandates that the books and accounts of the Commission be subject to inspection and audit by the Auditor-General (section 17). Additionally, the Act requires that the Commission may not undertake any activities without the Minister's approval (section 13).
- The Act does not explicitly outline specific offences, penalties, or consequences for breach. However, the serious nature of the Commission's responsibilities and the provisions regarding removal of Commissioners from office on grounds of misbehaviour or incapacity (section 8) imply that breaches of duty could have significant professional and legal repercussions. Furthermore, the Act's stipulations regarding the engagement and remuneration of officers and experts suggest that failure to adhere to these terms could result in disciplinary actions or legal consequences.
- Area of Law
- Planning & Development Law
- Immigration & Refugee Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Reporting & Disclosure Obligations
- Enforcement Powers
- Delegated & Subordinate Legislation
- Review & Sunset Clauses