National Security (Aliens Control) Regulations (Amendment)

Overview

The Statutory Rules 1941, No. 139, made under the National Security Act 1939-1940, were introduced to address the need for enhanced control over alien seamen during wartime, specifically during World War II. Enacted by the Governor-General in Council, this regulation aimed to ensure national security by allowing the detention of alien seamen who posed a risk due to desertion, refusal to perform duties, or inciting others to disrupt ship operations. The policy objective was to maintain the operational integrity of ships and safeguard against potential espionage or sabotage by foreign nationals within Australia's maritime sector. This regulation provided the Minister of State for Defence Co-ordination with the authority to arrest and detain such individuals, ensuring their employment or deportation could be managed effectively under the oversight of the existing legal framework.

Scope and Application

The Statutory Rules 1941, No. 139, made under the National Security Act 1939-1940, primarily extend to the detention and employment of alien seamen during the war. Specifically, the regulation empowers the Minister to arrest and detain any alien seaman who deserts or is absent without leave in Australia, refuses to sail on a ship, or is reported for attempting to interfere with the ship's operations. This applies to all alien seamen, regardless of their legal entry into Australia, and remains in effect for the duration of the war or until they are deported or are willing to serve on a ship. The regulation also allows the Minister to determine the place and type of labour for detained seamen. The regulation specifies that any constables and Commonwealth officers must enforce these orders. Furthermore, detained seamen have the right to apply to an Aliens Tribunal to challenge their detention, following procedures outlined in other regulations. The regulation does not specify any exclusions or exemptions and extends its application nationally, as it is enacted under Commonwealth law.

Key Provisions

The main operative section of this legislative instrument, Regulation 14a, provides the Minister of State for Defence Co-ordination with the authority to detain alien seamen under certain conditions (section 14a(1)). Specifically, any alien seaman who deserts or is absent without leave in Australia from the ship on which he is employed, refuses to sail on such ship or any other ship sailing from Australia on which he has been offered employment, or is reported by the master or agent of the ship for refusing to perform his regular duties or for inducing or attempting to induce other alien seamen to interfere in any way with the proper operation of the ship on which they are employed, may be arrested and detained by order of the Minister (section 14a(1)). The detention may last for the duration of the present war, until provision may be made for the alien seaman's deportation, or until he is ready and willing and actually proceeds to serve on a ship sailing from Australia (section 14a(1)). The regulation also mandates that all constables and Commonwealth Officers take necessary action to enforce any order made under this regulation (section 14a(2)). Additionally, an alien seaman who is ordered to be detained for the duration of the present war may apply to an Aliens Tribunal for leave to submit objections against the Order, and the provisions of regulation 20 relating to objections and reports thereon shall apply (section 14a(4)). This Act imposes several obligations and requirements on the parties it governs. The Minister of State for Defence Co-ordination or the Minister of State for the Army, as defined in section 14a(5)(b), has the authority to order the arrest and detention of any alien seaman who meets the criteria specified in section 14a(1) (section 14a(1)). The detained alien seaman may be employed on such labour and in such place as the Minister from time to time determines (section 14a(3)). Moreover, the Act mandates that all constables and Commonwealth Officers take necessary action to enforce any order made under this regulation (section 14a(2)). Furthermore, an alien seaman who is ordered to be detained for the duration of the present war may apply to an Aliens Tribunal for leave to submit objections against the Order, and the provisions of regulation 20 relating to objections and reports thereon shall apply (section 14a(4)). There are no specific offences, penalties, or civil/criminal consequences for breach outlined in this legislative instrument. However, the Minister of State for Defence Co-ordination or the Minister of State for the Army may order the arrest and detention of any alien seaman who meets the criteria specified in section 14a(1), and any failure to comply with this order may result in enforcement action by constables and Commonwealth Officers as mandated in section 14a(2). Furthermore, an alien seaman who is ordered to be detained for the duration of the present war may apply to an Aliens Tribunal for leave to submit objections against the Order, and the provisions of regulation 20 relating to objections and reports thereon shall apply (section 14a(4)).