National Security (Aliens Control) Regulations (Amendment)

Overview

Statutory Rules 1946 No. 27, issued under the National Security Act 1939-1943, was enacted by the Federal Executive Council, on the advice of the Deputy of the Governor-General, to address the issue of repatriation of enemy aliens detained during wartime. This legislative instrument amends the National Security (Aliens Control) Regulations by introducing a new regulation that mandates the repatriation of any enemy alien detained under the act. The policy objective, as stated, is to ensure that enemy aliens are repatriated in an orderly manner and can be kept under custody or subject to restrictions as directed by the Minister or a Commonwealth officer authorised by the Minister. This amendment aims to provide a structured process for the repatriation of enemy aliens post-detention, ensuring compliance with the directives of the Minister of State for Immigration.

Scope and Application

The Statutory Rules 1946, No. 27, made under the National Security Act 1939-1943, pertains to the repatriation of enemy aliens detained in Australia during the Second World War. This regulation applies specifically to enemy aliens who have been detained under the National Security (Aliens Control) Regulations. The scope of the regulation extends to the Minister of State for Immigration, who has the authority to order the repatriation of such detained aliens. The regulation further allows for the detention and imposition of restrictions on these individuals during the process of repatriation, as directed by the Minister or authorised Commonwealth officers. The geographic reach of this regulation is limited to the Commonwealth of Australia, with the actions and decisions being implemented within its jurisdiction. The regulation does not explicitly state any exclusions or exemptions but implies that it applies to all enemy aliens detained under the specified regulations. The regulation may extend its application through subordinate instruments that provide further details on the implementation and administration of the repatriation process.

Key Provisions

The main operative sections of the regulation, numbered 20c, introduce a new provision regarding the repatriation of enemy aliens detained under an order made under regulation 20 of the National Security (Aliens Control) Regulations. Under subsection (1), any enemy alien detained pursuant to this regulation is now liable to be repatriated, as ordered by the Minister of State for Immigration. Subsection (2) further details that if the Minister has issued a repatriation order, the enemy alien must be repatriated in accordance with this order. During the process of repatriation, the alien may be kept in custody or subject to certain restrictions as directed by the Minister or an authorised Commonwealth officer. These provisions aim to establish a clear process for the repatriation of enemy aliens who have been detained. The regulation imposes several obligations on the parties involved. For the Minister of State for Immigration, it mandates the issuance of orders for the repatriation of enemy aliens detained under regulation 20. The regulation also places a responsibility on the Commonwealth officers to enforce these orders, including the custody and restrictions of the aliens during the repatriation process. Additionally, it requires that any decisions made by the Minister or Commonwealth officers regarding the custody or restrictions of the alien during repatriation are carried out as directed. In terms of offences, penalties, or consequences for breach, the regulation itself does not explicitly state penalties for non-compliance. However, breaches of the regulation may lead to legal consequences under the overarching National Security Act 1939-1943. The Act provides for various offences, including disobedience of an order, which can result in criminal penalties. Such penalties could include fines and imprisonment, as stipulated by the broader legal framework of the National Security Act. Therefore, while the regulation does not detail specific penalties, it is subject to the broader punitive measures available under the Act.