STATUTORY RULES
1906. No. 70.
PROVISIONAL REGULATION UNDER THE IMMIGRATION RESTRICTION ACTS 1901–1905.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby certify that, on account of urgency, the following Regulation under the Immigration Restriction Acts 1901–1905, should come into immediate operation, and make such Regulation come into operation as a Provisional Regulation from this date.
Dated this eighth day of August, One thousand nine hundred and six.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
ALFRED DEAKIN.
Regulation under the Immigration Restriction Acts 1901–1905.
5a. Where any person, not being a British subject either natural born or naturalized under a law of the United Kingdom or of the Commonwealth or a State, has been convicted of any crime of violence against the person, and has, upon the expiration of any term of imprisonment imposed on him therefor, been required to pass the dictation test, and has failed to do so, an Officer may detain him in such custody for such time as is, under all the circumstances, reasonably necessary to enable a deportation order to be made by the Minister.
Where the Minister has made an order for the deportation of any such person, an Officer may detain him in such custody and for such time as is reasonably necessary to enable him to be deported pursuant to the order, and may for that purpose convey him to any place of shipment and on board any ship.
By Authority: J. Kemp, Acting Government Printer, Melbourne.
C. 8916.—Price 3d.
Overview
The Statutory Rules 1906, No. 70, Provisional Regulation under the Immigration Restriction Acts 1901–1905, was enacted to provide a legal framework for the immediate detention and deportation of non-British subjects who had been convicted of crimes of violence and failed the dictation test upon the completion of their imprisonment. This regulation was introduced by the Governor-General in Council to address the urgent need for controlling the immigration of individuals who posed a threat to public safety and order. The policy objective was to ensure that individuals who were deemed undesirable due to criminal activity and language barriers could be swiftly and effectively removed from the country.
The regulation was issued by the Governor-General in accordance with the advice of the Federal Executive Council, reflecting the urgency and importance attributed to the matter by the government. This provisional regulation empowered officers to detain such individuals to facilitate their deportation, thereby reinforcing the nation’s immigration policies aimed at maintaining social stability and security.
Scope and Application
The Provisional Regulation under the Immigration Restriction Acts 1901–1905 applies to non-British subjects who are not natural born or naturalized British subjects under laws of the United Kingdom, the Commonwealth, or any State within Australia. Specifically, the regulation targets individuals who have been convicted of a crime involving violence against a person and have subsequently failed the dictation test after completing their imprisonment term. The regulation empowers officers to detain such individuals for a duration deemed reasonably necessary to facilitate the issuance of a deportation order by the Minister. Once a deportation order is made, officers are authorised to detain and transport these individuals to a place of shipment and onto a ship for deportation. The regulation operates under the overarching framework of the Immigration Restriction Acts and is designed to enforce the immediate deportation of non-compliant non-British subjects. The regulation's application is confined to the geographical boundaries of Australia, extending to its states, territories, and any designated points of shipment for deportation.
Key Provisions
The provisional regulation under the Immigration Restriction Acts 1901–1905 outlines the procedures for detaining and deporting non-British subjects convicted of violent crimes. According to section 5a, if a person who is not a British subject, either by birth or naturalisation under UK or Australian law, has been convicted of a crime of violence and, upon completing their sentence, fails the dictation test, an officer is authorised to detain them. The detention is meant to last as long as necessary to allow the Minister to issue a deportation order. Similarly, once a deportation order is made, the officer may continue to detain the person for as long as is necessary to carry out the deportation, including transporting them to a point of departure and boarding them on a ship for departure.
The regulation imposes specific obligations on the officers and the Minister involved in the enforcement of these provisions. Officers are responsible for detaining individuals who meet the criteria set out in section 5a. They must ensure that these individuals are kept in custody for the required duration to facilitate the Minister's actions. The Minister, on the other hand, must issue the deportation order once it is deemed necessary under the circumstances. Both parties must adhere to the legal requirements and timelines specified within the regulation to ensure the lawful enforcement of the deportation process.
Breaches of the provisions outlined in this regulation can result in various consequences. While the regulation itself does not explicitly detail the penalties for non-compliance, it is implied that failure to adhere to the legal mandates could result in legal actions against the officers or the Minister involved. Non-British subjects who are unlawfully detained or deported could potentially seek legal recourse, depending on the specifics of the case and other applicable laws. The regulation emphasises the need for adherence to legal procedures to avoid any potential repercussions.