STATUTORY RULES.
1927. No. 150.
REGULATIONS UNDER THE IMMIGRATION ACT 1901-1925.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Immigration Act 1901-1925 to come into operation forthwith.
Dated this fourteenth day of December, 1927.
STONEHAVEN
Governor-General.
By His Excellency’s Command,
C. W. C. MARR
Minister of State for Home and Territories.
Amendment of the Immigration Regulations.
(Statutory Rules 1926, No. 185, as amended to this date.)
After Regulation 4a of the Immigration Regulations the following Regulation is inserted:—
Enforcement of maintenance guarantee.
“(4b) If by reason of infirmity of mind or body, insufficiency of means to support himself or any other cause, an immigrant to whom a landing permit has been issued under the last preceding regulation, or in respect of whom any guarantee for maintenance in Australia has been given, becomes, within three years from the date of his arrival in the Commonwealth, a charge upon State funds or upon any public or charitable institution, the cost of his maintenance may be recovered, in any Court of competent jurisdiction, from the person who guaranteed his maintenance.”
After Regulation 32 of the Immigration Regulations, the following regulation is inserted:—
Service of summons on master.
“32a. Any summons directed to the master of any vessel upon an information for any offence against the Act or these Regulations shall be deemed to be duly served on the master if the summons is delivered to a person authorized by the master to accept service of process on his behalf.”
By Authority: H. J. Green, Government Printer, Canberra.
1434.—Price 3d.
Overview
The Statutory Rules 1927, No. 150, issued under the Immigration Act 1901-1925, introduces specific regulations aimed at addressing the financial burden on state and charitable institutions arising from immigrants who, after their arrival in Australia, become unable to support themselves due to infirmity or other reasons. Enacted by the Governor-General with the advice of the Federal Executive Council, these regulations focus on ensuring that the costs of maintaining such individuals can be recovered from the person who provided the guarantee for their support. Additionally, the regulations clarify the procedures for serving summonses on the masters of vessels in cases of alleged offences under the Act or these Regulations, facilitating more efficient enforcement actions. These measures reflect the policy objective of safeguarding public funds and ensuring that those who commit to supporting immigrants uphold their commitments.
Scope and Application
The Regulations under the Immigration Act 1901-1925, as amended, apply to individuals who have been issued a landing permit or for whom a maintenance guarantee has been provided, and to any person who has guaranteed the maintenance of such immigrants. These Regulations pertain specifically to the Commonwealth of Australia and aim to address situations where immigrants become a financial burden on state funds or public or charitable institutions due to infirmity or insufficient means. The Regulations also apply to the enforcement mechanisms, including the recovery of maintenance costs from guarantors through the courts. Additionally, the Regulations cover the service of summons on shipmasters, allowing for the delivery of legal documents to an authorised person on behalf of the master. The Regulations extend their application through subordinate instruments, which may further define or modify the scope of the legislation.
Key Provisions
The new regulations under the Immigration Act 1901-1925, as introduced in Statutory Rules 1927, No. 150, primarily focus on ensuring the financial responsibility of immigrants and the proper service of legal processes on ship masters. One significant provision (Regulation 4b) mandates that if an immigrant, who has a landing permit or a maintenance guarantee, becomes a charge on state funds or a public or charitable institution within three years of their arrival, the cost of their maintenance can be recovered from the guarantor in any court of competent jurisdiction. This regulation aims to hold the guarantors accountable for the financial commitments they made regarding the immigrant's sustenance. Another key regulation (Regulation 32a) specifies the conditions under which a summons to a ship's master can be considered legally served. It states that if the summons is delivered to a person authorized by the master to accept service of process on their behalf, it is deemed to be duly served on the master. This ensures that legal processes can be effectively served even when the master is not directly available.
The regulations impose certain obligations on the parties they govern. Guarantors of an immigrant's maintenance are required to ensure that the immigrant does not become a charge on state funds or public institutions within three years of their arrival. Failure to uphold this responsibility can lead to legal action to recover the costs of the immigrant's maintenance. Ship masters, on the other hand, must ensure that they have designated an authorized person to accept legal documents on their behalf, thereby facilitating the proper service of summons and other legal processes.
Breaches of these regulations can result in both civil and criminal consequences. Specifically, if an immigrant becomes a charge on state funds or public institutions and the cost of their maintenance is recovered from the guarantor, it represents a civil liability for the guarantor. There are no stated penalties for this in the regulations themselves, but it would be pursued in a court of law. Additionally, if a summons is not properly served on a ship's master as per Regulation 32a, it could potentially lead to legal complications in the enforcement of the Act or the Regulations. However, the specific penalties for failing to serve a summons correctly are not detailed in the provided text.