STATUTORY RULES.
1918. No. 270.
REGULATION UNDER THE WAR PRECAUTIONS ACT 1914-1916.
War Precautions (Aliens Registration) Regulations 1916—Amendment.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the War Precautions Act 1914-1916 to come into operation on and from 1st December, 1918.
Dated this ninth day of October, 1918.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
War Precautions (Aliens Registration) Regulations 1916.
(Statutory Rule No. 165 of 1916, as amended by Statutory Rule No. 7 of 1917 and other Statutory Rules.)
Amendment.
Regulation 9a (Statutory Rule No. 7 of 1917) which reads as follows:—
Change of name.
Inserted by Statutory Rule No. 7 of 1917, dated 10th January, 1917.
9a. (1) After the 28th February, 1917, 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 1st day of October, 1916, unless he has previously notified his intention to do so to the Aliens Registration Officer nearest to his place of abode.
(2)The notification shall be given by the alien properly completing a notice (in duplicate) in accordance with Form D in the Schedule to these Regulations, and attending in person before that Aliens Registration Officer with such notices and with the certificate of his registration as an alien.
(3)Nothing in this regulation shall affect the right of a married woman to use the name which she acquires on her marriage.
is amended by cancelling sub-regulation (3).
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Acting Government Printer for the State of Victoria.
Overview
The War Precautions (Aliens Registration) Regulations 1916, as amended by Statutory Rules in 1917 and 1918, were enacted under the authority of the War Precautions Act 1914-1916 by the Governor-General in Council. This legislation was introduced to address the need for enhanced security measures during the First World War, specifically targeting the registration and monitoring of aliens within Australia. The primary objective of these regulations was to safeguard national security by controlling the activities and identities of non-citizens, particularly in the context of the wartime environment. The 1916 Regulations required aliens to register with the authorities and maintain their names as known on a specific date, with strict penalties for changes without proper notification. The subsequent amendments in 1917 and 1918 further refined these controls, demonstrating a legislative response to the evolving security concerns of the period.
Scope and Application
The War Precautions (Aliens Registration) Regulations 1916, as amended, pertain to the registration and conduct of aliens within the Commonwealth of Australia, particularly during the period of the First World War. These regulations apply to all aliens who are residing in Australia and require them to register their personal details with the appropriate authorities, specifically the Aliens Registration Officer. The regulations mandate that any alien intending to change their name post-February 1917 must notify their intention and provide relevant documentation to the designated officer. Notably, the regulations do not apply to married women who wish to use their marital name. These regulations extend throughout the Commonwealth of Australia and are subject to amendment via subordinate instruments, as evidenced by the amendment to Regulation 9a which removed the exemption for married women to use their acquired names without prior notification.
Key Provisions
The War Precautions (Aliens Registration) Regulations 1916, as amended by Statutory Rule No. 7 of 1917, establish specific requirements for aliens living in Australia during the period of the War Precautions Act 1914-1916. Regulation 9a (section 9a), in particular, mandates that any alien who intends to change their name must notify the nearest Aliens Registration Officer by completing a notice form (Form D in the Schedule to these Regulations) and presenting it in person along with their registration certificate (section 9a(2)). This regulation was initially enacted to prevent the use of aliases for any purpose, effective from 28 February 1917, unless the alien had formally notified their intention to change their name by 1 October 1916 (section 9a(1)). However, the amendment in Statutory Rule No. 7 of 1917 removed the exception for married women to use the name acquired through marriage without prior notification (section 9a(3)).
These regulations impose several obligations on aliens in Australia. Firstly, they must comply with the notification requirement if they wish to change their name after 28 February 1917. This involves completing a specific notice form and presenting it to the Aliens Registration Officer, ensuring transparency and accountability regarding identity changes (section 9a(2)). Failure to adhere to these notification requirements can result in legal consequences. The regulations also require aliens to carry and present their registration certificate as part of the notification process, reinforcing the need for proper documentation and verification of their identity.
Breach of these regulations can lead to legal consequences. Specifically, if an alien fails to notify the appropriate authorities of a name change as required, they may be subject to penalties under the War Precautions Act 1914-1916. Although the exact penalties are not detailed in the provided text, it is clear that non-compliance with these regulations can result in civil or criminal penalties. Such consequences underscore the importance of adhering to the stipulated requirements to avoid legal repercussions.