STATUTORY RULES.
1941. No. 170.
REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*
I, THE DEPUTY OF 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 National Security Act 1939-1940.
Dated this twenty-fourth day of July, 1941.
WAKEHURST
Deputy of the Governor-General.
By His Excellency’s Command,
ROBERT G. MENZIES
Minister of State for Defence Co-ordination.
Amendments of the National Security (Aliens Control) Regulations.†
Register of aliens to be kept by hotel-keeper, &c.
1. Regulation 11 of the National Security (Aliens Control) Regulations is amended by omitting from sub-regulation (1.) all the words from and including the word “Name” (first occurring) and inserting in their stead the words—
“Name;
Nationality;
Date of arrival;
Previous place of residence;
Date of departure; and
Destination on departure:
Provided that in the case of an alien employed in a ship the particulars relating to his previous place of residence and his destination on departure shall not be entered in the register.”
Restriction regarding place of abode, &c.
2. Regulation 19 of the National Security (Aliens Control) Regulations is amended by adding at the end thereof the following sub-regulation:—
“(2.) In this regulation ‘the Minister’ means the Minister of State for Defence Co-ordination or the Minister of State for the Army.”
* Notified in the Commonwealth Gazette on 24th July, 1941.
† Statutory Rules 1939, No. 88, as amended by Statutory Rules, 1939, No. 95; 1940, Nos. 44, 66, 121, 159, 172, 201 and 269; and 1941, Nos. 39 and 59.
4614.—Price 3d.
Detention orders.
3. Regulation 20 of the National Security (Aliens Control) Regulations is amended by inserting after sub-regulation (9.) the following sub-regulations:—
“(9a.) Where in any case the members of an Aliens Tribunal are divided in opinion on the question whether leave to submit objections should be granted, the question shall be decided according to the opinion of the majority.
(9b.) Each member of an Aliens Tribunal which has heard objections against an order made in pursuance of this regulation may make a separate report and recommendation to the Minister, or may make a report and recommendation jointly with one or both of the other members of the Tribunal.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1941 No. 170, enacted by the Deputy of the Governor-General on behalf of the Commonwealth of Australia and following advice from the Federal Executive Council, amends the National Security (Aliens Control) Regulations under the National Security Act 1939-1940. This legislative instrument was introduced to address specific administrative and procedural gaps in the regulation of aliens during a period of heightened national security concerns. The primary policy objective of these amendments was to enhance the efficiency and effectiveness of the control measures over aliens by updating the information requirements for hotel-keepers and clarifying the roles and responsibilities within the Aliens Tribunal. This was achieved through amendments that required more detailed registration of aliens, refined the restrictions on their places of abode, and outlined specific procedures for the decision-making process within the Aliens Tribunal when dealing with objections to detention orders.
Scope and Application
The Regulations under the National Security Act 1939-1940, specifically amending the National Security (Aliens Control) Regulations, apply to individuals and entities involved in the control and regulation of aliens within the Commonwealth of Australia. These regulations mandate that hotel-keepers and similar establishments maintain a detailed register of aliens, capturing their names, nationalities, dates of arrival and departure, previous and future places of residence, and destinations, with certain exceptions for those employed in ships. These regulations extend to the entire Commonwealth, thereby ensuring a uniform approach across all states and territories. Additionally, the regulations modify the composition and decision-making process of Aliens Tribunals, stipulating that in cases of divided opinions, the majority view prevails and allowing for individual or joint reporting by tribunal members to the Minister of State for Defence Co-ordination or the Minister of State for the Army.
Key Provisions
The Regulations under the National Security Act 1939-1940 (C1941L00170) make specific amendments to the National Security (Aliens Control) Regulations, particularly focusing on the information to be recorded by hotel-keepers and other custodians of aliens and the procedures for detention orders against aliens. Regulation 11(1) is amended to mandate that a register of aliens must include the alien's name, nationality, date of arrival, previous place of residence, date of departure, and destination upon departure (Section 1). However, for aliens employed on ships, the details of their previous place of residence and destination upon departure do not need to be included in the register. Additionally, Regulation 19 is amended to clarify that in the context of this regulation, 'the Minister' refers to the Minister of State for Defence Co-ordination or the Minister of State for the Army (Section 2).
These amendments impose certain obligations on hotel-keepers and other custodians of aliens to maintain accurate records of the specified information, unless the alien is employed on a ship, in which case only basic information needs to be recorded. They also place a responsibility on the members of an Aliens Tribunal to reach a consensus or individually report their opinions when divided on whether to grant leave to submit objections against detention orders. This ensures that the decision-making process regarding the detention of aliens is thorough and properly documented.
The Regulations do not explicitly state any specific offences, penalties, or consequences for non-compliance with these provisions. However, under the broader authority of the National Security Act 1939-1940, failure to comply with regulations pertaining to the control and registration of aliens could result in penalties, including fines and imprisonment. The exact penalties would depend on the specific provisions of the main Act and any applicable regulations or subsequent legislation.