Immigration Regulations (Amendment)

Legislation au C1952L00053 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1952. No. 53.

—————

REGULATIONS UNDER THE IMMIGRATION ACT 1901-1949.*

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 1901-1949.

Dated this thirteenth day of June, 1952.

W. J. McKELL

Governor-General.

By His Excellency’s Command,

Minister of State for Immigration.

———

Amendments of the Immigration Regulations.†

Definition.

1. Regulation 2 of the Immigration Regulations is amended by omitting the figures “1901-1932” and inserting in their stead the figures “1901-1949”.

Conveyance of prohibited immigrants for purposes of deportation.

2. Regulation 7 of the Immigration Regulations is amended by omitting from sub-regulation (1.) the words “Collector of Customs of” and inserting in their stead the words “Commonwealth Migration Officer for”.

Searching premises for documents relating to immigration of prohibited immigrants.

3. Regulation 9 of the Immigration Regulations is amended by omitting the words “the Interior” and inserting in their stead the word “Immigration”.

Certificate exempting from dictation test.

4. Regulation 12 of the Immigration Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “Collector of Customs” and inserting in their stead the words “Commonwealth Migration Officer”; and

(b) by omitting from sub-regulation (3.) the word “Collector” and inserting in its stead the words “Commonwealth Migration Officer”.

Master to supply information regarding passengers.

5. Regulation 30 of the Immigration Regulations is amended—

(a) by omitting from sub-regulation (4.) the figures “1912-1926” and inserting in their stead the figures “1912-1950”; and

(b) by omitting from that sub-regulation the figures “1908-1924” and inserting in their stead the figures “1908-1950”.

 

* Notified in the Commonwealth Gazette on , 1952.

† Statutory Rules 1932, No. 103, as amended by Statutory Rules 1933, No. 128; 1940, No. 144; 1941, No. 66; 1946, No. 20; 1947, No. 161; and 1949, No. 45.

375.—Price 3d. 9/14.1.1952


6. Regulation 38 of the Immigration Regulations is repealed and the following regulation inserted in its stead:—

Prescribed diseases, etc.

“38. The following diseases and disabilities are prescribed for the purposes of paragraph (g) of section 3 of the Act:—

cancer and other malignant growths;

chronic alcoholism;

chronic rheumatism;

diabetes mellitus;

paralysis;

scabies.”.

Penalties.

7. Regulation 43 of the Immigration Regulations is repealed.

The Schedule.

8. The Schedule to the Immigration Regulations is amended—

(a) by omitting from Forms A and H the figures “1901-1948” (wherever occurring) and inserting in their stead the figures “1901-19              ”;

(b) by omitting from Forms B, C, D and G the figures “1901-1940” (wherever occurring) and inserting in their stead the figures “1901-19              ”;

(c) by omitting from Form B the words “Collector H.M. Customs” and inserting in their stead the words “Commonwealth Migration Officer”;

(d) by omitting from the Note at the foot of Form B the words “Statutory Declarations Act 1911-1922” and inserting in their stead the words “Statutory Declarations Act”;

(e) by omitting from Form C the words “Collector of Customs” (wherever occurring) and inserting in their stead the words “Commonwealth Migration Officer”;

(f) by omitting from Form C the words “Customs Officers” and inserting in their stead the words “Immigration Officers”;

(g) by omitting from Form D all the words from and including the words “[See other side]” to the end of the Form;

(h) by omitting from Form F the words—

“APPLICATION FOR RE-ENTRY PERMIT.

The Collector of Customs,

(To be forwarded to the Collector of Customs at the principal port in the State where applicant resides.)”

and inserting in their stead the words—

“Commonwealth of Australia.

Immigration Act 1901-19 .

APPLICATION FOR RE-ENTRY PERMIT.

The Commonwealth Migration Officer,

(To be forwarded to the Commonwealth Migration Officer in the capital city of the State where applicant resides.)”;

(i) by omitting from Form F the words “the Interior” and inserting in their stead the word “Immigration”;


(j) by omitting from Form G the words—

“Department of the Interior,

Canberra, F.C.T.”

and inserting in their stead the words—

“Department of Immigration,

Canberra, A.C.T.”;

(k) by omitting from Form G the words “Customs Officer” (wherever occurring) and inserting in their stead the words “Immigration Officer”; and

(l) by omitting from Form G the words “Collector of Customs” and inserting in their stead the words “Commonwealth Migration Officer”.

 

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

Overview

The Statutory Rules 1952 No. 53, titled "Regulations Under the Immigration Act 1901-1949," were enacted to amend existing immigration regulations and address the administrative gaps and updates necessitated by changes in immigration policies and the evolving structure of the Department of Immigration. These regulations were made under the authority of the Governor-General in Council, reflecting the Commonwealth Government's intent to streamline and modernise the immigration process. The policy objective behind these amendments was to ensure that the regulatory framework remained current and effective in managing immigration control, particularly in updating roles and responsibilities from the Collector of Customs to the Commonwealth Migration Officer, and incorporating new prescribed diseases for health-related immigration decisions.

Scope and Application

These regulations, made under the authority of the Immigration Act 1901-1949, govern various aspects of immigration administration in Australia, applying to all persons, entities, and industries involved in immigration processes. They specifically target the actions and conduct of individuals seeking to enter or remain in Australia, as well as the officials responsible for managing immigration matters. The regulations extend across the entire Commonwealth of Australia, ensuring a unified approach to immigration control and enforcement. Notably, they update various references to reflect the current legislative framework, such as replacing "Collector of Customs" with "Commonwealth Migration Officer" and updating statutory references to align with current Acts. The regulations also incorporate amendments to the list of prescribed diseases and disabilities that may affect eligibility for entry, thus affecting individuals with specific health conditions. Although the regulations themselves do not explicitly state exclusions, exemptions, or thresholds, they implicitly establish criteria for immigration compliance and eligibility. Further application and enforcement details may be found in subordinate instruments issued under the authority of this legislative framework.

Key Provisions

These Regulations, made under the Immigration Act 1901-1949, bring about several amendments to the Immigration Regulations, effective from 1952. Firstly, Regulation 2 has been updated to reflect the new period of 1901-1949 (Reg. 1). Regulation 7 now requires the transportation of prohibited immigrants for deportation to be conducted by a Commonwealth Migration Officer rather than a Collector of Customs (Reg. 2). Regulation 9 allows for the search of premises for documents relating to the immigration status of prohibited immigrants (Reg. 3). Regulation 12 now requires Commonwealth Migration Officers to issue certificates exempting individuals from the dictation test (Reg. 4). Regulation 30 extends the period for which ship masters must supply information regarding passengers from 1926 to 1950 (Reg. 5). Regulation 38 outlines the prescribed diseases and disabilities that may affect eligibility for immigration (Reg. 6). Regulation 43 has been repealed (Reg. 7). Lastly, the Schedule has been amended to update references to the years 1901-1948 and 1901-1940, replace references to Collectors of Customs and Customs Officers with Commonwealth Migration Officers and Immigration Officers, and update other relevant details (Reg. 8). These Regulations impose obligations on Commonwealth Migration Officers to ensure the proper enforcement of immigration laws, including the transportation and search of prohibited immigrants and the issuance of exemption certificates. Ship masters are required to provide information about passengers as per the updated Regulation 30. The prescribed diseases and disabilities outlined in Regulation 38 must be considered when assessing immigration applications. Failure to comply with these Regulations may result in various legal consequences, though the specific offences, penalties, or consequences are not detailed within the text of these Regulations. However, given the context of the Immigration Act 1901-1949, breaches of these Regulations may potentially lead to civil or criminal penalties as prescribed by the Act. The maximum penalties for such offences would depend on the specific provisions of the Act and the severity of the breach.

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Area of Law
Immigration & Refugee Law
Instrument
Regulation
Concepts
Definitions & Interpretation
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.