Immigration Regulations (Amendment)

Overview

The Statutory Rules 1927, No. 62, issued under the Immigration Act 1901-1925, were enacted to introduce new regulations regarding the issuance of Landing Permits for intending immigrants whose maintenance has been guaranteed by a person resident in Australia. This legislation was introduced by the Governor-General, acting on the advice of the Federal Executive Council, and came into effect on 1 July 1927. The policy objective behind these regulations was to provide a mechanism for authorised officers to issue Landing Permits, subject to specific conditions and fees, thereby controlling and regulating the entry of immigrants into Australia. These regulations amended the existing Immigration Regulations by inserting a new regulation, 4a, which outlines the process and conditions for the issuance and use of Landing Permits.

Scope and Application

The Immigration Regulations, as amended by Statutory Rules 1926, No. 185, and coming into operation from the 1st day of July, 1927, extend to the Commonwealth of Australia and govern the issuance of landing permits for intending immigrants. Specifically, the Regulations allow any officer authorized by the Minister to issue a Landing Permit to an intending immigrant if the individual's maintenance has been guaranteed by a person resident in Australia. The permit holder is then entitled to enter the Commonwealth, subject to the conditions outlined in the permit and the requirements of the Immigration Act 1901-1925 and these Regulations. The fee for issuing a landing permit is set at five shillings, as stipulated in the new regulation 4a. The Regulations do not specify any exclusions or exemptions and apply broadly to any person authorised by the Minister and any intending immigrant whose maintenance has been guaranteed by an Australian resident.

Key Provisions

The Immigration Regulations 1927 introduce a new section, Regulation 4a, which outlines the process for issuing a Landing Permit to intending immigrants (section 1). This regulation stipulates that an authorized officer can issue a Landing Permit to an immigrant whose maintenance has been guaranteed by a person already residing in Australia (section 1(1)). The permit allows the immigrant, upon presentation and subject to the conditions set forth in the Act, the Regulations, and the specific conditions of the permit, to enter the Commonwealth (section 1(2)). The fee for the issuance of this permit is set at five shillings (section 1(3)). The Act imposes several obligations on the parties involved. Authorized officers must adhere to the written instructions from the Minister to ensure that Landing Permits are issued correctly and only to eligible applicants (section 1(1)). The grantee of a Landing Permit must present the permit as required and comply with all specified conditions, including those outlined in the Act and the Regulations, to be allowed entry into Australia (section 1(2)). Furthermore, the person guaranteeing the immigrant's maintenance in Australia must ensure that the conditions of the permit are met, providing the necessary support for the immigrant's entry and residence. Failure to comply with the provisions of the Act and the Regulations can result in legal consequences. While specific offences and penalties are not detailed in the extract provided, breaches of immigration regulations typically incur civil and criminal penalties. Civil penalties may include fines, while criminal penalties could involve imprisonment, reflecting the seriousness of non-compliance with immigration laws. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or additional regulations that may be in force.