War-time Refugees Removal Act 1949

Legislation au C1949A00032 Not in force Act

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WAR-TIME REFUGEES REMOVAL.

No. 32 of 1949.

An Act to provide for the Removal from Australia of certain Persons who entered Australia during the Period of Hostilities.

[Assented to 12th July, 1949.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the War-time Refugees Removal Act 1949.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation.

3.—(1.) In this Act, unless the contrary intention appears—

“approved form” means a form approved by the Minister;

“deportee” means a person for whose deportation the Minister has made an order under this Act;

“officer” means an officer of the Department of Immigration, and includes, in relation to the exercise of any power or the discharge of any function under this Act, an officer of the Commonwealth, or a member of the police force of a State or of a Territory, being part of the Commonwealth, who is authorized in writing by the Minister to exercise that power of discharge that function;

“the period of hostilities” means the period from and including the third day of September, One thousand nine hundred and thirty-nine to and including the second day of September, One thousand nine hundred and forty-five.

(2.) Any reference in this Act to a vessel, to the master of a vessel or to a port shall include a reference to an aircraft, to the pilot in command of an aircraft or to an airport, respectively.

Persons to whom this Act applies.

4.—(1.) This Act shall apply to every person—

(a) who entered Australia during the period of hostilities and is an alien;

(b) who, during the period of hostilities, entered Australia as a place of refuge, by reason of the occupation, or threatened occupation, of any place by an enemy, and has not left Australia since he so entered; or

(c) who, during the period of hostilities, entered Australia by reason of any other circumstances attributable to the existence of hostilities and has not left Australia since he so entered,

not being—

(d) a person who, at the time of that entry, was domiciled in Australia;

(e) a person who was born in Australia;

(f) a diplomatic or consular representative or official trade commissioner of a foreign country, or a member of the staff of any such representative or commissioner, who has been sent to Australia by the Government of the foreign country; or

(g) the wife or a dependent relative of any person referred to in the last preceding paragraph.

(2.) The Minister may, by writing under his hand, certify that a person named in the certificate is a person specified in paragraph (a), (b) or (c) of the last preceding sub-section and any such certificate shall, for the purposes of this Act (including any proceedings arising under this Act or in which a question arises as to the application of this Act to any person), be prima facie evidence of the fact so certified.

Deportation of certain persons.

5. The Minister may, at any time within twelve months after the commencement of this Act, make an order for the deportation of a person to whom this Act applies and that person shall be deported in accordance with this Act.

Duty of master, &c., of vessel in connexion with deportation.

6.—(1.) The master, owner, agent or charterer of a vessel shall, when required so to do by notice in writing by the Minister or by an officer, receive a deportee on board, for conveyance to such port to which the vessel is bound as is specified in the notice, and shall also receive on board, for such time as is specified in the notice, any person charged with the custody of the deportee.

(2.) For the services specified in the last preceding sub-section the Commonwealth shall be liable to pay to the master, owner, agent or charterer the passage money of the deportee and such sum on account of the maintenance of the deportee and of the person (if any) charged with the custody of the deportee as the Minister considers reasonable.

(3.) The master, owner, agent or charterer of a vessel shall not refuse or fail, without reasonable cause, proof whereof shall lie upon him, to comply with a notice issued under sub-section (1.) of this section.

Penalty: Where the offence is committed by a body corporate, a fine of Two hundred pounds; in any other case, a fine of One hundred pounds or imprisonment for six months, or both.

Custody pending deportation.

7.—(1.) A deportee may—

(a) pending his deportation and until he is placed on board a vessel for deportation from Australia;

(b) on board the vessel until its departure from its last port of call in Australia; and

be kept in such custody as the Minister or an officer directs.

(2.) The Minister may direct that a deportee be not kept in custody or be released from custody if two persons give security, each in the value of One hundred pounds, by—

(a) a deposit of cash, Treasury bonds or negotiable instruments, together with a memorandum of deposit in the approved form; or

(b) a security in the approved form,

that the deportee will leave Australia within such time as is specified in the memorandum of deposit or security.

(3.) A security given in pursuance of the last preceding sub-section shall suffice for all the purposes of a bond or guarantee, and shall, without sealing, bind its subscriber as if it were sealed.

Production of deportee upon request.

8. The master of a vessel upon which a deportee has been placed in pursuance of this Act shall—

(a) upon being requested so to do by an officer, produce the deportee for inspection by the officer; and

(b) afford all reasonable facilities to an officer for the performance of his duties.

Penalty: One hundred pounds or imprisonment for six months.

Arrest of deportees.

9. An officer may, without warrant, arrest a person reasonably supposed to be a deportee and a person shall not resist or prevent any such arrest.

Penalty: One hundred pounds or imprisonment for six months.

Concealing deportees or assisting deportees to evade deportation.

10. A person shall not—

(a) conceal, receive or harbour a person whom he knows to be a deportee;

(b) aid or assist a person whom he knows to be a deportee in concealing himself; or

Penalty: One hundred pounds or imprisonment for six months.

Regulations.

11. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act, and in particular for prescribing penalties not exceeding Fifty pounds or imprisonment not exceeding three months, or both, for any offence against the regulations.

Overview

The War-time Refugees Removal Act 1949 was enacted by the Parliament of Australia to address the issue of individuals who entered Australia during World War II under various circumstances, such as fleeing conflict zones or being displaced due to the hostilities. The primary objective of this legislation was to facilitate the deportation of these individuals from Australia within a specified timeframe. The Act empowers the Minister to order the deportation of eligible persons, outlining procedures for their removal and establishing penalties for non-compliance, such as concealing or assisting deportees. The Act aims to ensure that those who entered Australia during the war period and do not qualify for exemption are removed from the country in an orderly and controlled manner.

Scope and Application

The War-Time Refugees Removal Act 1949 applies to aliens who entered Australia during the Second World War, specifically from September 3, 1939, to September 2, 1945. It targets individuals who arrived as refugees due to enemy occupation or other war-related circumstances, excluding those who were already domiciled in Australia, Australian-born individuals, diplomatic or consular representatives and their staff, as well as their spouses or dependent relatives. The Act grants the Minister the authority to order the deportation of such individuals within twelve months of the Act's commencement and allows the Minister to certify the applicability of the Act to specific individuals, which serves as prima facie evidence in relevant proceedings. The Act mandates masters, owners, agents, or charterers of vessels to assist in the deportation process, with the Commonwealth compensating them for services rendered. It also provides for the custody of deportees, production of deportees upon request, arrest of deportees, and penalties for concealing or aiding deportees, with regulations potentially extending or modifying these provisions. The Act applies throughout the Commonwealth of Australia, including its states and territories, and extends to vessels and aircraft, as well as their masters, owners, agents, charterers, and pilots in command. The Act's scope is further defined by regulations that the Governor-General may enact to implement or enforce the Act, including prescribing penalties for breaches of the regulations. These regulations can specify matters necessary or convenient for carrying out the Act, provided they do not conflict with its provisions.

Key Provisions

The War-time Refugees Removal Act 1949 (sections 1-11) applies to individuals who entered Australia during the period of hostilities from September 3, 1939, to September 2, 1945, and are not Australian-born or domiciled, excluding diplomats, consular representatives, and their staff or families. The Minister can certify individuals for deportation under this Act (section 4). The Act allows the Minister to order the deportation of such individuals within twelve months of the Act's commencement (section 5). Masters, owners, agents, or charterers of vessels must comply with written notices to transport deportees and their custodians, with the Commonwealth compensating for passage and maintenance (section 6). Individuals can be kept in custody pending deportation, but they may be released if two sureties of £100 each are provided (section 7). Vessel masters must produce deportees for inspection and facilitate officer duties (section 8). Officers can arrest suspected deportees without a warrant, and individuals must not resist or prevent such arrests (section 9). Concealing or aiding deportees is prohibited (section 10). The Governor-General can make regulations with penalties not exceeding £50 or three months' imprisonment (section 11). Under the War-time Refugees Removal Act 1949, certain obligations are placed upon various parties. The Minister is responsible for making deportation orders within twelve months of the Act's commencement (section 5) and certifying individuals who fall under the Act's purview (section 4). Masters, owners, agents, or charterers of vessels must receive deportees and their custodians on board and comply with notices from the Minister or an officer (section 6). They must also provide facilities for officer duties (section 8). Officers are tasked with the arrest of suspected deportees and the inspection of deportees on vessels (sections 9 and 8). Individuals are prohibited from concealing, receiving, harbouring, aiding, or assisting deportees (section 10). The Governor-General has the authority to make regulations for the Act's enforcement (section 11). The War-time Refugees Removal Act 1949 includes several penalties for breaches. Vessel masters, owners, agents, or charterers who fail to comply with a notice to transport a deportee without reasonable cause face a fine of £100 or imprisonment for six months, or both (section 6). Vessel masters who do not produce deportees for inspection or afford facilities for officer duties are subject to a £100 fine or six months' imprisonment (section 8). Individuals who resist or prevent the arrest of a deportee by an officer face the same penalty (section 9). Concealing, receiving, harbouring, aiding, or assisting a deportee are also subject to a £100 fine or six months' imprisonment (section 10). The Governor-General can make regulations with penalties not exceeding £50 or three months' imprisonment, or both (section 11).

Area of Law: Immigration & Refugee Law
Instrument: Act
Concepts: Definitions & Interpretation; Offence Provisions; Enforcement Powers; Prohibited Conduct

Interactions

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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