National Security (Aliens Control) Regulations (Amendment)

Legislation au C1941L00059 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1941. No. 59.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939–1940.*

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 National Security Act 1939–1940.

Dated this nineteenth day of March, 1941.

Governor-General.

By His Excellency’s Command,

Acting Minister of State for Defence Co-ordination.

Amendments of National Security (Aliens Control) Regulations, †

Definitions.

1. Regulation 3 of the National Security (Aliens Control) Regulations is amended by omitting the definition of “aliens registration officer”.

2. Regulation 4 of the National Security (Aliens Control) Regulations is repealed and the following regulations inserted in its stead:—

Aliens registration officers.

“4. The following persons shall be aliens registration officers for the purposes of these Regulations:—

(a) Any member of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth who is in charge of a Police Station; and

(b) Any person appointed by the Minister to be an aliens registration officer.

Certain aliens exempt from Regulations.

“4a. The following aliens shall be exempt from the provisions of these Regulations:—-

(a) Any member of the Defence Force of the Commonwealth or of the naval, military or air forces of the United Kingdom or of any other part of His Majesty’s dominions;

* Notified in the Commonwealth Gazette on , 1941.

† Statutory Rules 1939, No. 88, as amended by Statutory Rules 1939, No. 95, and 1940, Nos. 44, 66, 121, 172, 201 and 269.

1014.—12/21.2.1941.—Price 3d.

(b) Any diplomatic or consular representative of a foreign country with which His Majesty is at peace, and any member of the staff of any such representative who has been sent to Australia by the Government of the country represented, and the wife of any such representative or member;

(d) The master and crew of any public vessel or aircraft of the Government of a country with which His Majesty is at peace.”.

Aliens arriving in Australia—manner of effecting registration.

3. Regulation 7 of the National Security (Aliens Control) Regulations is amended—

(a) by omitting the proviso to sub-regulation (1.) and inserting in its stead the following proviso:—

“Provided that the following persons shall not be required to effect registration under this sub-regulation:—

(i) An alien who, being the master or a member of the crew of a vessel or aircraft, holds a certificate of registration issued to him on a previous voyage to Australia; and

(ii) an alien who returns to Australia from New Zealand after an absence not exceeding six months, and produces a receipt for his certificate of registration issued in accordance with sub-regulation (4.) of regulation 10 of these Regulations.”; and

(b) by omitting from sub-regulation (2.) the words “any government” and inserting in their stead the words “a country with which His Majesty is at peace”.

Aliens to produce certificates of registration, on demand.

4. Regulation 10 of the National Security (Aliens Control) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(4.) In the case of an alien who is about to travel to the Dominion of New Zealand with the intention of returning to Australia within a period of six months, the officer may, upon request by the alien, give him a receipt for his certificate of registration, and, if the alien returns to Australia within that period and produces the receipt to an aliens registration officer at the port or aerodrome from which he embarked or boarded an aeroplane for New Zealand, his certificate of registration shall be returned to him.”.

5. Regulation 12 of the National Security (Aliens Control) Regulations is repealed and the following regulation is inserted in its stead:—

Alien becoming naturalized.

“12. A person registered or liable to register under these Regulations who ceases to be an alien shall remain subject to these Regulations as if he were still an alien until he produces, to the aliens registration officer nearest to his usual place of abode, the certificate of his naturalization or evidence of the facts by virtue of which he ceases to be an alien.”.

Aliens to report change of place of abode.

6. Regulation 16 of the National Security (Aliens Control) Regulations is amended by omitting from sub-regulation (6.) the word “provided” and inserting in its stead the word “required”.

Movement of aliens generally.

7. Regulation 18 of the National Security (Aliens Control) Regulations is amended—

(a) by inserting, after the word “enter”, the words “or to be in”; and

(b) by adding at the end thereof the following sub-regulation:—

“(2.) The power to make orders under this regulation shall include a power to make orders in respect of an individual alien.”.

Detention orders.

8. Regulation 20 of the National Security (Aliens Control) Regulations is amended—

(a) by inserting in sub-regulation (2.), after the words “United Kingdom” (third occurring), the words “or of the part of His Majesty’s dominions with which the arrangements have been entered into,”; and

(b) by inserting after sub-regulation (8.) the following sub-regulation:—

“(8a.) Notwithstanding anything contained in this regulation, the Minister may, after any application by an enemy alien for leave to submit objections has been granted, direct that the objections shall be heard by an Aliens Tribunal in a State or Territory other than that in which the enemy alien is detained.”.

Employment of aliens and naturalized British subjects.

9. Regulation 23 of the National Security (Aliens Control) Regulations is amended—

(a) by inserting in sub-regulation (2.), after the word “occupation” (first occurring), the words “or on any work”; and

(b) by inserting in that sub-regulation, after the word “occupation” (second occurring), the words “or on that work”.

10.—(1.) After regulation 25 of the National Security (Aliens Control) Regulations the following regulation is inserted:—

Change of name.

“26.—(l.) An alien shall not for any purpose assume or use, or purport to assume or use, or continue the assumption or use of, any name other than that by which he was ordinarily known on the third day of September, 1939, unless he has previously lodged with the aliens registration officer nearest to his place of abode a notice, in duplicate, in accordance with Form E, and produced, his certificate of registration to that officer.

“(2.) This regulation shall not affect the liability of any person to comply with the requirements of the National Security (Change of Name) Regulations.”.

(2.) This regulation shall come into operation fourteen days after the notification of these Regulations in the Gazette.

Repeal of regulations 35 and 36.

11. Regulations 35 and 36 of the National Security (Aliens Control) Regulations are repealed.

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

Overview

The Statutory Rules 1941, No. 59, made under the National Security Act 1939–1940, address the need for comprehensive control over aliens in Australia during a period of heightened national security concerns, specifically during the Second World War. Enacted by the Governor-General in Council, these regulations aimed to provide the Commonwealth with the means to manage and control the presence and activities of non-citizens, thereby ensuring the safety and security of the nation. The regulations specify the roles and exemptions for aliens registration officers, outline procedures for the registration and documentation of aliens, and detail the conditions under which aliens can travel and work within Australia. The overarching policy objective is to maintain national security by closely regulating the movement and activities of non-citizens within the country.

Scope and Application

The Statutory Rules of 1941, No. 59, made under the National Security Act 1939–1940, focus on regulating the movement and registration of aliens within Australia, particularly in the context of national security concerns during World War II. These regulations apply to individuals who are considered aliens, as defined by the Act, and to specified categories of aliens who are exempt from certain registration requirements. Such exemptions include members of defence forces, diplomatic and consular representatives, and crew members of public vessels or aircraft of allied countries. The scope of these regulations extends across the Commonwealth, and they are enforced by aliens registration officers, which include police officers in charge of police stations and individuals appointed by the Minister. Certain exclusions are provided, such as for individuals who hold certificates of registration from previous voyages or those returning from New Zealand within a specified period. Additionally, these regulations permit the issuance of receipts for registration certificates for aliens intending to travel to New Zealand and return to Australia within six months. The regulations also mandate reporting of changes in place of abode and address the assumption of new names by aliens, requiring prior notification to the relevant registration officer. The amendments extend the application of the Act through subordinate instruments, allowing for further adjustments and clarifications as necessary.

Key Provisions

These Regulations, made under the National Security Act 1939-1940, amend the National Security (Aliens Control) Regulations to refine the control and registration processes for aliens in Australia. The key amendments include changes to the definition of aliens registration officers (Regulation 4), the exemption of certain aliens from registration (Regulation 4a), and the procedures for aliens travelling to and from New Zealand (Regulations 3 and 4). Aliens who were previously registered and return from New Zealand within six months are exempted from re-registration if they present a receipt for their registration certificate (Regulation 4). Additionally, aliens who cease to be aliens must still comply with the registration requirements until they present their naturalization certificate to an aliens registration officer (Regulation 12). Aliens must also report any change of residence to the relevant authorities (Regulation 16). The Regulations impose several obligations on aliens, including the requirement to register upon arrival in Australia and to carry a certificate of registration at all times (Regulation 7). Aliens must also report changes in their place of residence and occupation to the relevant authorities (Regulations 16 and 23). Furthermore, aliens are prohibited from assuming a new name without notifying the aliens registration officer and presenting their registration certificate (Regulation 26). Failure to comply with these requirements can result in penalties. Violations of these Regulations can result in both civil and criminal consequences. For instance, an alien failing to register upon arrival or report changes in residence or employment can be subject to fines or imprisonment. The specific penalties are not detailed in the Regulations, but they are likely to align with the penalties prescribed under the National Security Act 1939-1940, which can include fines and imprisonment for various offences related to national security. Additionally, the failure to comply with the name change notification requirement may also attract penalties as per the National Security (Change of Name) Regulations.

Area of Law: National Security Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Licensing & Registration; Enforcement Powers; Regulatory Standards

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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.

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