Immigration Regulations (Amendment)

Legislation au C1949L00045 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1949. No. .

 

REGULATIONS UNDER THE IMMIGRATION ACT 1901-1948.*

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 1901-1948.

Dated this twenty-first day of July, 1949.

W. J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for Immigration.

 

Amendments of the Immigration Regulations.†

1. After regulation 4 of the Immigration Regulations the following regulation is inserted :—

Form of declaration under section 3 (2.).

“ 4a. A declaration by an intending immigrant under sub-section (2.) of section 3 of the Act shall be in accordance with Form A and shall be made and subscribed before an officer.”.

2. After regulation 44 of the Immigration Regulations the following regulations are added :—

Application under section 14h.

“ 45. An application for registration as a registered agent shall be in accordance with a form approved by the Minister and shall be forwarded to the Secretary to the Department of Immigration or to the Commonwealth Migration Officer in the capital city of the State in which the applicant carries on business.

Fee for application.

“ 46. An application for registration as a registered agent shall be accompanied by a lodgment fee of One pound.

Certificate of registration.

“ 47. A certificate of registration as a registered agent shall be in accordance with Form H.

Application for extension.

“ 48. An application for an extension of the period of registration of an agent shall be in accordance with a form approved by the Minister and shall, at least fourteen days before the expiration of the period of registration specified in the certificate of registration, be forwarded, together with the certificate of registration, to the Secretary to the Department of Immigration or to the Commonwealth Migration Officer in the capital city of the State in which the applicant carries on business as a registered agent.

Cancellation of registration.

“ 49. Where the Minister or an authorized officer cancels the registration of a registered agent he shall notify the person to whom the certificate of registration was issued that his registration has been cancelled.

 

* Notified in the Commonwealth Gazette on  , 1949.

† Statutory Rules 1932, No. 103, as amended by Statutory Rules 1933, No. 128; 1940, No. 144; 1941, No. 66; 1946, No. 2; and 1947, No. 161.

2798.—Price 3d. 8/2.7.1949.


Return of certificate of registration upon cancellation or expiration.

“ 50.—(1.) Where the registration of a registered agent is cancelled, he shall, within fourteen days after the date of the notification of the cancellation of his registration, forward the certificate of registration to the Commonwealth Migration Officer in the capital city of the State in which he carried on business as a registered agent.

“ (2.) Where the period specified in a certificate of registration expires and is not extended, the person to whom the certificate was issued shall, within fourteen days after the date upon which the certificate ceased to be in force, return the certificate to the Commonwealth Migration Officer in the capital city of the State in which he carried on business as a registered agent.”.

The Schedule.

3. The Schedule to the Immigration Regulations is amended—

(a) by inserting, before Form B, the following form :—

“ Form A.

Commonwealth of Australia.

——

Immigration Act 1901-1948.

DECLARATION BY INTENDING IMMIGRANT.

I    of   , being an intending immigrant into the Commonwealth of Australia, do hereby declare that I am not a person who advocates the overthrow by force or violence of the established government of the Commonwealth or of any State or of any other civilized country, or of all forms of law, or who advocates the abolition of organized government, or who advocates the assassination of public officials or who advocates or teaches the unlawful destruction of property, or who is a member of or affiliated with any organization which entertains and teaches any of the doctrines and practices specified in this declaration.

Signature of declarant.

Made and subscribed at    this   day of                                            , 19                            , before me by the above-named declarant who, before subscribing the above declaration, acknowledged to me that he understood the purport of that declaration.

Signature of officer.     ”; and

(b) by adding at the end thereof the following form :—

“ Form H.

Certificate number

Commonwealth of Australia.

——

Department of Immigration.

CERTIFICATE OF REGISTRATION AS REGISTERED AGENT UNDER IMMIGRATION ACT 1901-1948.

This is to certify that [name in full and occupation or profession] of [address] is registered as a Registered Agent under section 14h of the Immigration Act 1901-1948.

This registration shall be in force from the    day of                               , 19              , to the                                                        day of                                          ,

19 .

Authorized Officer.”.

_________________________

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1949 No. 0045, made under the Immigration Act 1901-1948, were enacted to address the need for updated and more comprehensive regulations governing immigration procedures and the registration of immigration agents. The regulations were introduced to ensure that the administration of immigration processes remained efficient and that the integrity of the immigration system was maintained. The regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council and notified in the Commonwealth Gazette on 8 July 1949. The policy objective was to streamline the application process for intending immigrants and the registration of agents, providing clarity and formalising the requirements to ensure adherence to the legislative framework.

Scope and Application

The Regulations under the Immigration Act 1901-1948 pertain to intending immigrants, registered agents, and the procedures involved in the administration of the Act. These regulations apply across the Commonwealth of Australia and are intended to provide a structured and formal process for the declaration of intending immigrants, the registration of agents, and the management of their credentials. The regulations specify the form and procedure for declarations made by intending immigrants, detailing the requisite content and the process for making and subscribing these declarations before an officer. Furthermore, they outline the requirements for registered agents, including the process for applying for registration, the lodgment fee, the form of the certificate of registration, the procedure for applying for an extension of registration, and the steps to be taken in the event of cancellation of registration. These regulations extend the application of the Act by providing the necessary administrative mechanisms to enforce and manage the registration and declarations under the Act.

Key Provisions

The Immigration Regulations, made under the Immigration Act 1901-1948, introduce several key provisions concerning the declaration by intending immigrants and the registration of immigration agents. Firstly, a new regulation 4a is introduced, stipulating that a declaration by an intending immigrant must adhere to Form A and must be made and subscribed before an officer (reg. 4a). This form requires the intending immigrant to declare that they are not involved in activities advocating the overthrow of government by force or other illegal activities. Following this, several new regulations are added concerning the registration of immigration agents, starting with regulation 45, which requires that an application for registration as a registered agent be submitted in a form approved by the Minister and sent to the relevant immigration authority (reg. 45). An accompanying lodgment fee of one pound must be paid (reg. 46). Upon successful registration, a certificate of registration will be issued in accordance with Form H (reg. 47). The Act imposes several obligations on the parties it governs. Intending immigrants must complete and sign a declaration in the prescribed form, ensuring they meet the legal criteria to enter the country (reg. 4a). Registered agents must apply for registration using an approved form and pay the required fee (regs. 45 and 46). They must also submit an application for the extension of their registration period at least fourteen days before its expiration (reg. 48). Furthermore, upon cancellation of their registration, agents must return their registration certificate to the relevant authority within fourteen days (reg. 50(1)). Should their registration period expire without extension, they must also return their certificate within fourteen days of the expiration date (reg. 50(2)). Failure to comply with these regulations can result in various penalties and consequences. While the specific penalties are not detailed in the provided text, breaches of immigration regulations typically attract civil or criminal penalties under the broader framework of the Immigration Act. For example, making false statements or providing misleading information in an application can result in fines or imprisonment. Additionally, operating as an unregistered agent can lead to criminal charges, given that registration is a prerequisite for lawful practice in immigration matters. The precise penalties would depend on the nature and severity of the breach, as outlined in the primary legislation.

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Immigration & Refugee Law
Instrument
Regulation
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Definitions & Interpretation
Licensing & Registration
Reporting & Disclosure Obligations
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.