Immigration Regulations 1913 (Amendment)

Overview

The Statutory Rules 1919, No. 152, constitute a legislative instrument made under the Immigration Act 1901-1912. Enacted by the Parliament of Australia, this regulation aimed to address the need for enhanced immigration control measures by providing authorised officers with the authority to search buildings for exempted persons who might be engaged in activities contrary to their permitted entry conditions. The regulation was designed to ensure compliance with the immigration laws and to prevent prohibited immigrants from undertaking work or duties outside the scope of their entry permissions. The regulation was issued by the Governor-General in Council, reflecting the legislative authority vested in the Commonwealth government to manage and regulate immigration matters effectively.

Scope and Application

The Statutory Rules 1919, No. 152, issued under the authority of the Immigration Act 1901-1912, extend the powers of authorised officers to search buildings, premises, or places for individuals who, while exempted from being classified as prohibited immigrants due to specific exceptions, are believed to be engaging in work or duties outside those permitted by their entry into the Commonwealth. The regulation, which supplements the existing Immigration Regulations 1913, specifically allows authorised officers to conduct these searches at any reasonable hour during the day if they have reasonable grounds to believe that such a person is present. This regulation applies nationally across the Commonwealth of Australia, thereby affecting any person or entity within its jurisdiction where such searches may occur. The Act does not explicitly state exclusions or exemptions beyond the specified exceptions in section three, but the power of authorised officers is limited by the necessity of having reasonable grounds for belief. Additionally, the regulation can be further detailed or extended through subordinate instruments made under the authority of the Immigration Act 1901-1912.

Key Provisions

The key provision of the regulation (4b) allows an authorized officer to search any building, premises, or place during the day if they have reasonable grounds to believe that a person who would otherwise be a prohibited immigrant is engaged in work or duties different from those they were permitted to perform when entering the Commonwealth. This regulation is inserted after regulation 4a of the Immigration Regulations 1913. The regulation thus empowers specific officers, as designated by the Minister, to conduct searches in circumstances where there is suspicion that an individual is not adhering to the conditions of their entry permit. The regulation imposes certain obligations on the authorized officers and the entities or individuals they may encounter during a search. Officers must act on reasonable grounds and within the daytime hours to ensure that their actions are both justified and minimally disruptive. The regulation also implies a duty on those in possession or control of the premises to allow the officer to conduct a lawful search if they present themselves with appropriate authority and a valid reason. The individuals found in the premises are expected to cooperate with the search, understanding that it is being conducted to ensure compliance with immigration laws. Violation of the provisions set out in this regulation can lead to several legal consequences. For instance, if an authorized officer acts without proper authorization or beyond the scope of their authority, they could face disciplinary action or legal proceedings. Similarly, if an individual obstructs a lawful search, they could be charged with an offence under the relevant sections of the Immigration Act 1901-1912. The penalties for such offences can include fines and imprisonment, although the specific penalties would be determined according to the broader provisions of the Immigration Act and any other applicable legislation. The regulation does not explicitly state the maximum penalties but indicates that the consequences for non-compliance are significant and subject to existing laws.