Immigration Regulations 1913 (Amendment) (Provisional)

Overview

The Provisional Regulation under the Immigration Act 1901-1912, enacted in 1915, addresses the urgent need to control and manage the entry of crew members from vessels arriving at Australian ports, particularly those arriving from beyond the Commonwealth. This regulation was introduced to ensure that immigration officers could effectively manage the landing of crew members by requiring them to produce identification cards upon request. The enacting body was the Governor-General in Council, reflecting the urgency and importance of the regulation's implementation. The policy objective is to enforce the presentation of identification cards for crew members to maintain border security and control immigration processes effectively.

Scope and Application

The Provisional Regulation under the Immigration Act 1901-1912 applies specifically to crew members of vessels arriving at any port in the Commonwealth from ports beyond the Commonwealth. It mandates that any officer has the authority to prevent a crew member from disembarking unless they produce an identification card upon demand. The regulation extends to non-government vessels, explicitly excluding public government vessels. Failure to comply with the identification card requirement results in an offence for both the crew member and the vessel's master, thereby imposing legal consequences on those who do not adhere to the stipulated conditions. The geographic scope of the regulation is limited to the Commonwealth of Australia and applies to ports within its jurisdiction. The regulation does not specify exclusions or exemptions, but it is noted that it comes into immediate operation as a Provisional Regulation, potentially subject to future amendments or extensions through subordinate instruments.

Key Provisions

The main operative sections of the Provisional Regulation under the Immigration Act 1901-1912 (C1915L00151) pertain to the control of crew members disembarking from vessels arriving at Australian ports. Specifically, Regulation 18a(1) mandates that any officer may prevent a crew member from landing if they do not produce an identification card upon demand. Regulation 18a(2) stipulates that both the master of the vessel and the crew member are liable for an offence if the crew member lands without producing an identification card. Under these provisions, immigration officers are given the authority to ensure that crew members present their identification cards before being allowed to disembark. This requirement applies to all crew members of non-government vessels arriving from ports beyond the Commonwealth. Failure to produce the identification card on demand can result in the crew member being denied landing during the vessel's stay at the port. Furthermore, both the master of the vessel and the individual crew member face potential legal consequences if the crew member lands without the required identification. The obligations imposed by these regulations are primarily on immigration officers, who must enforce the identification requirement, and on crew members and vessel masters, who must comply with the demand for identification cards. Officers must inspect crew members and prevent disembarkation if the identification card is not produced. Crew members and masters must produce the required identification to be permitted to land. The regulation also outlines specific consequences for non-compliance. Regulation 18a(2) clearly states that both the master of the vessel and the crew member who lands without producing an identification card are guilty of an offence. Although the specific penalties for these offences are not detailed within this statutory rule, they would generally be governed by the Immigration Act 1901-1912, which could include fines or other penalties as prescribed by law. These offences underscore the importance of compliance with immigration regulations to avoid legal repercussions.