Immigration Act 1935

Overview

The Immigration Act 1935, enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, was introduced to address certain gaps in the existing immigration laws, specifically targeting issues around prohibited immigrants evading officers and unlawful entry into the Commonwealth. This Act amends Sections five, seven, and seven-a of the Immigration Act 1901–1933, aiming to strengthen the penalties and enforcement mechanisms for those deemed prohibited immigrants. The policy objective behind this legislation is to enhance the control over immigration, ensuring that individuals who are deemed prohibited are effectively deterred from entering or remaining in the country unlawfully. The Act introduces stricter penalties, including imprisonment and deportation, for those who violate the provisions regarding prohibited immigrants, thereby reinforcing the legal framework for managing immigration within Australia.

Scope and Application

The Immigration Act 1935 amends certain sections of the Immigration Act 1901–1933, focusing primarily on the enforcement of immigration laws and penalties for violations. This Act applies to individuals who are deemed prohibited immigrants under the amended sections, imposing stricter penalties including imprisonment and deportation. The legislation targets persons who evade immigration officers or are found within the Commonwealth unlawfully, thereby extending its application to anyone contravening the specified provisions. The amendments also include changes to the process for appealing immigration decisions by requiring sureties to be posted where an appeal is lodged. The jurisdictional reach of this Act is national, applying across the Commonwealth of Australia. The Act does not explicitly state exclusions or exemptions, but it operates within the framework of the overarching immigration laws, which may include certain categories of individuals such as diplomatic personnel or those with special visas. Additionally, the Act allows for further regulation and enforcement through subordinate instruments, providing flexibility in its application and ensuring compliance with immigration policies.

Key Provisions

The Immigration Act 1935 (referred to as the "Act") amends certain sections of the Immigration Act 1901–1933 (referred to as the "Principal Act"). This Act introduces new provisions and penalties to strengthen the regulation of immigration within Australia. Section 2 amends Section five of the Principal Act by adding a new sub-section (6), which imposes a penalty of imprisonment for six months, and potentially deportation, on any person who is deemed a prohibited immigrant and offends against this Act. This provision serves to deter individuals who attempt to evade immigration officers or are found within the Commonwealth without proper authorisation. The Act also imposes specific obligations and requirements on parties or entities it governs. Section 3 further amends Section seven of the Principal Act by expanding the scope of the offence to include any person deemed a prohibited immigrant who offends against this Act. Additionally, Section 3 introduces a new sub-section (7aa), which mandates that any imprisonment imposed for an offence against Section five or Section seven of this Act shall include deportation. This means that individuals found guilty of these offences will face not only imprisonment but also mandatory deportation as part of their penalty. Furthermore, Section 4 amends Section seven a of the Principal Act by clarifying that sureties must be found when an appeal is lodged, with the reference changed from "the last preceding section" to "section five or section seven of this Act". This amendment ensures that the process for appealing certain immigration decisions is clearly defined and consistent with the new provisions introduced by the Act. In terms of consequences for breach, the Act stipulates clear penalties for those who violate its provisions. The most notable of these is the penalty for any person who is deemed a prohibited immigrant and offends against this Act, as outlined in Section 2. Such individuals face a potential penalty of imprisonment for six months, and in addition to or as an alternative to imprisonment, deportation from the Commonwealth. These penalties are intended to enforce compliance with immigration laws and to remove prohibited immigrants from Australian territory.