STATUTORY RULES 1915, No. 272.(a)
AMENDMENT.
The Immigration Regulations 1913 (S.R. 1913, No. 307), are amended by inserting after Regulation 4 thereof the following Regulation:—
Searching Premises for Documents relating to Immigration of
Prohibited Immigrants.
4A. Any officer, authorized in that behalf by the Minister, or by the Secretary to the Department of External Affairs may, at any reasonable hour in the day time, enter and search any building, premises, or place in which he has reasonable ground for believing that there are documents, books, or papers relating to the immigration of prohibited immigrants, and may seize any such documents, books, or papers and impound and retain them for such time as he thinks necessary.
AMENDMENT.
(Statutory Rules 1913, No. 307.)
After Regulation 18 the following heading and Regulation are inserted:—
Members of Crews not Producing Identification Cards.
18.A.—(1) Any officer may prevent any member of the crew of a vessel, other than a public vessel of a Government arriving at any port in the Commonwealth, from Ports beyond the Commonwealth, from landing during the vessel's stay at that port unless the identification card of that member has been produced to the officer on demand, and may without warrant arrest any member who attempts to land before his identification card has been so produced .
(2) In any case where any such member whose identification card has, not been produced to the officer on demand lands at any Australian port the master of the vessel and the member of the crew shall each be guilty of an offence against these Regulations.
(a) Made under the Immigration Act 1901-1912 on 31st December, 1915 ; these Regulations supersede the Provisional Regulations. S.R. 1915, Nos. 112 and 151) which came into operation on 25th Jane, 1915, and 25th August, 1915, respectively, and which are not contained in this volume.
Overview
The Statutory Rules 1915, No. 272, enacted on 31st December 1915, introduces amendments to the Immigration Regulations 1913 under the authority of the Immigration Act 1901-1912. This legislative instrument was enacted by the Commonwealth Parliament to address gaps in the control and regulation of immigration, specifically targeting the documentation and identification of individuals arriving in Australia. The policy objective was to enhance the ability of authorised officers to search for and seize documents relating to the immigration of prohibited immigrants and to ensure crew members of vessels arriving from beyond Commonwealth ports produce identification cards before landing. These amendments aimed to strengthen immigration enforcement by providing officers with the necessary powers to search premises and prevent unauthorised landings by crew members without proper identification.
Scope and Application
The Immigration Regulations 1913, as amended by Statutory Rules 1915, No. 272, extend to officers authorised by the Minister or the Secretary to the Department of External Affairs. These amendments allow such officers to enter and search any premises during daylight hours if they have reasonable grounds to believe that documents, books, or papers relating to the immigration of prohibited immigrants are present. The officers are empowered to seize these materials and retain them for an appropriate period. Additionally, the amended regulations mandate that any officer can prevent crew members of vessels arriving from ports beyond the Commonwealth from landing unless they produce their identification cards upon demand. If a crew member lands without presenting their identification card, both the master of the vessel and the crew member are deemed to have committed an offence. The regulations apply nationwide, covering all ports within the Commonwealth of Australia, and do not specify exclusions, exemptions, or thresholds. The scope of application may be further defined through subordinate instruments, which could potentially extend or restrict the enforcement of these regulations.
Key Provisions
The main operative sections of this legislative instrument pertain to the enhanced powers of authorised officers to search premises for documents related to the immigration of prohibited immigrants and to prevent crew members from landing without proper identification. Regulation 4A allows any officer authorised by the Minister or the Secretary to the Department of External Affairs to enter and search any premises where there are reasonable grounds to believe that documents, books, or papers relating to the immigration of prohibited immigrants are present. Such officers are permitted to seize and retain these documents for as long as deemed necessary. Additionally, Regulation 18A mandates that officers can prevent crew members from landing at Australian ports unless they produce their identification cards upon demand. Any crew member who attempts to land without producing such identification can be arrested without a warrant. Furthermore, if a crew member lands without presenting their identification card, both the master of the vessel and the crew member are deemed to have committed an offence.
The obligations imposed by these regulations on the parties they govern are stringent. Authorised officers must act within reasonable hours and have reasonable grounds to believe that the documents sought are present at the premises they intend to search. Crew members of vessels arriving from ports beyond the Commonwealth are required to produce their identification cards to officers upon demand. Failure to comply with these requirements can result in significant consequences, including arrest and potential criminal charges.
The legislative instrument also outlines specific consequences for breaches of the regulations. Under Regulation 18A, both the master of the vessel and the crew member who fails to produce an identification card upon demand are guilty of an offence. While the specific penalties for these offences are not detailed in the provided text, it is common for such breaches to result in fines and other legal ramifications. Additionally, the act of seizing and retaining documents under Regulation 4A without due process could lead to legal challenges and civil penalties for the officers involved. The precise maximum penalties for these offences would be determined by the courts based on the specific circumstances of each case.