STATUTORY RULES.

1954. No. 114.

REGULATIONS UNDER THE ALIENS ACT 1947-1952.*

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 Aliens Act 1947-1952.

Dated this fifteenth day of November, 1954.

W.J. SLIM

Governor-General.

By His Excellency's Command,

Minister of State for Immigration.

ALIENS REGULATIONS.

Citation.

1. These Regulations may be cited as the Aliens Regulations.

Repeal and saving.

2.—(1.) The Aliens Regulations (comprising Statutory Rules 1948, No. 8; and Statutory Rules 1950, No. 87) are repealed.

(2.) Notwithstanding the repeal effected by the last preceding sub-regulation—

(a) all aliens registered under the Regulations repealed by that sub-regulation shall be deemed to have been registered under these Regulations;

(b) all notifications and applications made by an alien in accordance with the Regulations repealed by that sub-regulation shall be deemed to have been made in accordance with these Regulations; and

(c) all entries made in a Register of Aliens in accordance with the Regulations repealed by that sub-regulation shall be deemed to have been made in accordance with these Regulations.

Interpretation.

3.—(1.) In these Regulations, unless the contrary intention appears—

"pilot in command" has the same meaning as in the Air Navigation Regulations;

"port" includes aerodrome;

"prescribed person" means—

(a) in relation to an alien residing in the city area of Canberra in the Australian Capital Territory, the metropolitan area of a State capital city or the town area of Darwin in the Northern Territory, a person employed in the Department of Immigration and performing duties in relation to these Regulations; or

* Notified in the Commonwealth Gazette on , 1954.

5168.—PRICE 8D. 9/15.6.1954.

(b) in relation to an alien residing in an area other than an area specified in the last preceding paragraph, a postmaster at a post office at which money order facilities are available or a person employed at such a post office and authorized by the postmaster to perform duties in relation to these Regulations;

"the Act" means the Aliens Act 1947-1952.

(2.) A reference to a Form shall be read as a reference to a Form in the Schedule to these Regulations.

Register of Aliens.

4.—(1.) Entries in a Register of Aliens shall be made, altered or removed by an officer of the Department of Immigration authorized for the purpose by the Secretary to that Department or by the Commonwealth Migration Officer for the State or Territory in which the Register is kept.

(2.) The full name, address or intended address in Australia, nationality, sex, date and place of birth, marital status, physical description and date of disembarkation in Australia of each alien who applies to be registered under the Act as an alien, or on whose behalf an application for registration is made, shall be recorded in the Register of Aliens for the State or Territory in which—

(a) the alien resides; or

(b) in the case of an alien who enters Australia as an alien, the alien intends to reside.

(3.) Entries in respect of an alien made in a Register of Aliens may be altered from time to time in conformity with information furnished by or on behalf of the alien in compliance with the Act and these Regulations.

(4.) When a registered alien ceases to be an alien, dies or leaves Australia, all entries made in a Register of Aliens in respect of that alien may be removed from the Register.

Time for making application for registration.

5.—(1.) The time before which a person to whom paragraph (a) of sub-section (1.) of section 7 of the Act applies shall apply to be registered under the Act as an alien is the end of the fourteenth day after the date of commencement of these Regulations.

(2.) Except as provided by the next succeeding sub-section, the time before which a person to whom paragraph (b) of sub-section (1.) of section 7 of the Act applies shall apply to be registered under the Act as an alien is one hour after the arrival at the first port of call in Australia of the ship or aircraft on which that person has entered Australia.

(3.) Whenever an alien ceases to be a person excepted by section 8 of the Act from the application of section 7 of the Act, the time before which the alien shall apply to be registered under the Act is the end of the fourteenth day after the day on which he ceased to be so excepted.

(4.) The time before which a person to whom paragraph (c) of sub-section (1.) of section 7 of the Act applies shall apply to be registered under the Act as an alien is the end of the fourteenth day after the day on which that person became an alien.

Manner of making application for registration.

6.—(1.) An alien to whom sub-regulation (1.), (3.) or (4.) of the last preceding regulation applies shall make application to be registered

as an alien under the Act by presenting himself in person before a prescribed person and making a written application in accordance with Form 1.

(2.) An alien to whom sub-regulation (2.) of the last preceding regulation applies shall make application to be registered as an alien under the Act by presenting himself in person, with his passport or other means of identification, before an officer who is in attendance on board the ship or aircraft on which the alien arrives in Australia or at the port at which that ship or aircraft arrives in Australia and by making, subject to the next succeeding sub-regulation, a written application in accordance with Form 2.

(3.) If an alien is unable to furnish an item of information set out in Form 2 at the time at which he makes application to be registered as an alien under the Act, he shall attend at a time and place specified by an officer and then and there supply that information.

Penalty: Fifty pounds or imprisonment for three months.

(4.) A written application under this regulation shall be signed by the alien with his personal signature, or, if he is unable to write, with his personal mark.

(5.) When the parent or guardian of an alien makes application on behalf of the alien in pursuance of sub-section (3.) of section 7 of the Act, the parent or guardian shall present himself before the prescribed person or officer, as the case requires, and the written application shall be signed by the parent or guardian on behalf of the alien.

Exempted aliens on short visits.

7.—(1.) The time before which—

(a) a statement of intention referred to in paragraph (c) of section 8 of the Act shall be made; and

(b) the information referred to in that paragraph shall be furnished,

is one hour after the arrival at the first port of call in Australia of the ship or aircraft on which the person who makes the statement and furnishes the information has entered Australia.

(2.) A statement of intention referred to in paragraph (c) of section 8 of the Act shall be made in accordance with Form 3.

(3.) The information to be furnished for the purpose of paragraph (c) of section 8 of the Act is such of the information set out in Form 3 as the person is able to furnish before the time prescribed by sub-regulation (1.) of this regulation.

(4.) For the purposes of making a statement and furnishing information referred to in the preceding provisions of this regulation a person shall complete the form by signing it with his personal signature or, if he is unable to write, with his personal mark and shall present himself with the completed form and his passport or other means of identification before an officer who is in attendance on board the ship or aircraft on which the person arrives in Australia or at the port at which the ship or aircraft arrives in Australia.

 (5.) If the person is unable to furnish, before the time prescribed by sub-regulation (1.) of this regulation, an item of information set out in Form 3, he shall attend at a time and place specified by an officer and then and there supply that information.

Penalty: Fifty pounds or imprisonment for three months.

(6.) Whenever an alien leaves Australia before the expiration of the period, being a period of not more than sixty consecutive days or such shorter period (if any) as the Minister has determined in his case, for which he had stated that he intended to remain in Australia, he shall give notice of his intended departure in accordance with Form 4 which he shall deliver to an officer who is in attendance at the port from which the alien embarks.

Penalty: Fifty pounds or imprisonment for three months.

Alien to furnish photographs.

8.—(1.) An alien shall, at the time at which he makes application to be registered as an alien under the Act, or at a time and place specified by an officer, furnish two identical unmounted photographs of himself, approximately two and a half inches by two inches in size, of head and shoulders only, taken full face, without hat and with plain background.

(2.) Whenever it appears to an officer that photographs furnished by an alien in accordance with the last preceding sub-regulation are not suitable as a means of identifying the alien, the officer may direct the alien to furnish two fresh photographs of himself of the size and description specified in the last preceding sub-regulation, and the alien shall comply with that direction.

Penalty: Fifty pounds or imprisonment for three months.

Notification of change of address or occupation.

9.—(1.) The time within which a notification in compliance with section 9 of the Act shall be furnished is seven days after the alien's change of residence.

(2.) An alien who takes up residence at a place other than that notified in compliance with sub-regulation (2.) of regulation 6 of these Regulations as the place of his intended address in Australia shall, within seven days after so taking up residence, furnish a notification in accordance with sub-regulation (4.) of this regulation.

Penalty: Fifty pounds or imprisonment for three months.

(3.) An alien who changes his occupation or employment, or otherwise becomes engaged in an occupation or employment, shall, within seven days after the change or of becoming so engaged, furnish a notification in accordance with the next succeeding sub-regulation.

Penalty: Fifty pounds or imprisonment for three months.

(4.) A notification referred to in the preceding provisions of this regulation shall be in writing, in accordance with Form 5, and shall be furnished by the alien presenting himself, with the written notification and his certificate of registration (if any), before a prescribed person and delivering the notification to the prescribed person.

Notification of marriage.

10.—(1.) The time within which a notification in compliance with section 10A of the Act shall be furnished is thirty days after the date of the marriage.

(2.) The notification shall be in writing in accordance with Form 6 and the alien shall deliver or post to the appropriate officer the notification together with his certificate of registration (if any) and his marriage certificate.

Change of surname.

11.—(1.) An application by an alien for consent in pursuance of section 11 of the Act shall be in writing in accordance with Form 7, and shall be delivered or posted to the appropriate officer.

(2.) An alien to whom consent in pursuance of section 11 of the Act is given shall, immediately after he receives notice of the consent, deliver or post to the appropriate officer his certificate of registration and, if requested by the officer, two fresh photographs of himself of the size and description specified in regulation 8 of these Regulations.

Penalty: Fifty pounds or imprisonment for three months.

Appropriate officer for purposes of regulations 11 and 12.

12. For the purposes of the last two preceding regulations the appropriate officer is—

(a) in the case of an alien residing in the Australian Capital Territory, the Secretary to the Department of Immigration; or

(b) in the case of an alien residing in a State or in the Northern Territory, the Commonwealth Migration Officer for that State or Territory.

Notification of change in recorded particulars.

13. Whenever a change occurs in the particulars recorded in an alien's application for registration, other than a change for the notification of which specific provision is made in the Act or elsewhere in these Regulations, the alien shall notify a prescribed officer of the change within fourteen days after its occurrence.

Penalty: Fifty pounds or imprisonment for three months.

Certificate of registration.

14. A certificate of registration issued in pursuance of section 12 of the Act shall be in accordance with Form 8.

Aliens under twenty-one to supply signature.

15. An alien who is registered in pursuance of an application made by his parent or guardian under sub-section (3.) of section seven of the Act shall, when a certificate of registration is tendered to him by a prescribed person and in the presence of the prescribed person, place a specimen of his signature upon the form on which the application was made or upon a form tendered to him for the purpose.

Penalty: Fifty pounds or imprisonment for three months.

Lost or destroyed certificates.

16.—(1.) If a registered alien has good reason to believe that his certificate of registration has been lost or destroyed, he shall forthwith—

(a) notify a prescribed person by furnishing in accordance with Form 9 a written declaration setting out the circumstances in which he believes the loss or destruction has occurred; and

(b) apply in accordance with that Form for a new certificate of registration to be issued to him.

(2.) The alien shall furnish with the application two fresh photographs of himself of the size and description specified in regulation 8 of these Regulations.

(3.) Whenever, after the issue of a new certificate, the alien recovers possession of the certificate of registration that was lost or thought to have been lost or destroyed, he shall forthwith notify its recovery to a prescribed person and post or deliver to the prescribed person the certificate that has been recovered.

Penalty: Fifty pounds or imprisonment for three months.

Person who ceases to be an alien.

17. A person who ceases to be an alien shall forthwith surrender his certificate of registration to a prescribed person.

Penalty: Fifty pounds or imprisonment for three months.

Disposal of certificate by person not authorized to have possession.

18. When, as a result of the death of a registered alien or otherwise, a certificate of registration comes into the custody of a person other than the person to whom it was issued, that person shall forthwith post or deliver the certificate to a prescribed person.

Penalty: Fifty pounds or imprisonment for three months.

Irregular dealings with certificates.

19. A person shall not—

(a) without lawful authority alter a certificate of registration;

(b) permit or suffer a certificate of registration to be used by a person other than the person to whom it was issued; or

(c) have in his possession or use a forged, improperly altered or irregular certificate of registration or other document connected with registration.

Penalty: Fifty pounds or imprisonment for three months.

Information regarding passengers and crews of ships and aircraft.

20.—(1.) The master of a ship or the pilot in command of an aircraft that arrives at a port of call in Australia from a country outside Australia shall, immediately after arrival, furnish to an officer in attendance at that port a list of all passengers disembarking at that port, specifying to the best of his knowledge the name, age, sex, nationality, race, port of embarkation and calling or occupation of each of those passengers.

(2.) The master of a ship or the pilot in command of an aircraft that carries passengers for a destination outside Australia shall, before the departure of the ship or aircraft, furnish to an officer in attendance at the port of departure a list of all passengers embarking, specifying to the best of his knowledge and belief, the name, age, sex, nationality, race and calling or occupation of each of those passengers.

(3.) The furnishing by the master of the ship of a return of passengers in compliance with regulation 11 of the Navigation (Passengers) Regulations or the furnishing by the pilot in command of an aircraft of a passenger list in compliance with the Air Navigation Regulations shall be deemed to be a sufficient compliance with the preceding provisions of this regulation.

(4.) The master of a ship or the pilot in command of an aircraft that arrives at a port of call in Australia from a country outside

Australia shall, upon the request of an officer in attendance at the port of arrival, furnish to the officer a list showing the number and the names of members of the crew and the nationality and race of each member.

(5.) The master of a ship or the pilot in command of an aircraft that is about to depart from a port of call in Australia for a country outside Australia shall, upon the request of an officer in attendance at the port of departure, furnish to the officer a list showing the name, nationality, last place of residence and certificate of registration number (if any) of any aliens who have joined the crew of the ship or aircraft while it has been in Australia.

Penalty: Fifty pounds or imprisonment for three months.

Master or pilot in command to afford facilities.

21. The master of a ship or the pilot in command of an aircraft shall not refuse or neglect to afford all reasonable facilities to an officer for the performance of his duties under these Regulations.

Penalty: Fifty pounds or imprisonment for three months.

THE SCHEDULE.

FORM 1. Section 7.

Regulation 6 (1.).

Aliens Act 1947-1952.

ALIENS REGULATIONS.

APPLICATION FOR REGISTRATION.

* In block letters.

I, the above-mentioned person, hereby make application to be registered under the Aliens Act 1947-1952 as an alien and for the purpose of this application I hereby furnish the following information:—

Previous name or alias (if any)

Present address

Nationality Previous nationality (if any)

Date of disembarkation in Australia   Port of disembarkation

Name of ship or identification marks of aircraft

Height feet inches Build Colour of eyes

Colour of hair Marks or scars

Passport No. or Certificate of Identity No.

Date of issue Place of issue

By whom issued Date of last renewal (if any)

Occupation or profession

Name and address of employer

Marital status†

Details (if any) of wife or husband and children (under the age of sixteen years) being aliens and in Australia:—

† State whether married, single, widowed or divorced.

Wife or husband

Children

Signature of applicant

Date

FORM 2. Section 7.

Regulation 6 (2.).

Aliens Act 1947-1952.

ALIENS REGULATIONS.

APPLICATION FOR REGISTRATION BY ALIEN ENTERING AUSTRALIA.

* In block letters.

I, the above-mentioned person, being an alien who has entered Australia, hereby make application to be registered under the Aliens Act 1947-1952 as an alien and for the purpose of this application I hereby furnish the following information:—

Previous name or alias (if any)

Intended address in Australia

Nationality Previous nationality (if any)

Height  feet inches  Build  Colour of eyes

Colour of hair Marks or scars

Passport No. or Certificate of Identity No.

Date of issue Place of issue

By whom issued Date of last renewal (if any)

Date of disembarkation in Australia Port of disembarkation

Name of ship or identification marks of aircraft

Number and place of issue of visa or particulars of document authorizing admission to Australia

Length of intended stay in Australia

Name and address of nearest

relative, friend or business

connexion in Australia

Name and address of employer (if any)

Occupation or profession

Intended occupation in Australia

Marital status†

† State whether married, single, widowed or divorced.

Details (if any) of accompanying wife or husband and accompanying children under the age of sixteen years:—

Wife or husband

 Children

† To be stated only if previously resident in Australia.

Date of departure from Australia‡

Port of departure from Australia‡

Signature of applicant

Date of signature

Form 3. Section 8.

Regulation 7.

Aliens Act 1947-1952.

ALIENS REGULATIONS.

STATEMENT BY ALIEN VISITING AUSTRALIA.

* In block letters.

I, the above-mentioned person, being an alien who has entered Australia, hereby state that I do not intend to remain in Australia for more than consecutive days and furnish the following information:—

Previous name or alias (if any)

Intended address in Australia

Nationality Previous nationality (if any)

Height  feet Inches  Build  Colour of eyes

Colour of hair Marks or scars

Passport No. or Certificate of Identity No.

Date of issue Place of issue

By whom issued Date of last renewal (if any)

Date of disembarkation in Australia Port of disembarkation

Name of ship or identification marks of aircraft

Name and address of nearest

relative, friend or business

connexion in Australia

† If alien has any transaction with a bank, name of bank should be stated.

Signature of alien

Date of signature

FORM 4. Regulation 7 (6.).

Aliens Act 1947-1952.

ALIENS REGULATIONS.

NOTIFICATION OF DEPARTURE FROM AUSTRALIA.

* In block letters.

I, the above-mentioned person, of    nationality disembarked in
Australia at the port of on the   day of   ,

19 , from† and was exempted under section 8 of the Aliens Act 1947-1952 from the obligation to register as an alien.

† Name of ship or identification marks of aircraft.

Take notice that I intend to leave Australia by† departing

from the port of on the   day of    ,

19 .

My last address in Australia was

Signature of alien

Date of signature

FORM 5. Regulation 9.

Aliens Act 1947-1952.

ALIENS REGULATIONS.

NOTICE OF CHANGE OF RESIDENCE, OCCUPATION OR EMPLOYMENT.

* In block letters.

I, the abovementioned person, being registered as an alien of  nationality and being holder of certificate of Registration No.                                          , having changed my place of residence, my occupation or my employment, hereby notify the following revised particulars:—

(1) Residence—

(a) Former address as shown in certificate

(b) Present address

(c) Date of change

(2) Occupation or Employment—

(a) Name and address of employer

(b) If not working for an employer state whether working in own business

(c) Kind of business or industry in which working

(d) Job or occupation in that business or industry

(e) Date of change

Signature of alien

Date of signature

FORM 6. Regulation 10A.

Regulation 10.

Aliens Act 1947-1952.

ALIENS REGULATIONS.

NOTIFICATION OF MARRIAGE.

* Insert full name. † In the case of a woman.

In compliance with section 10A of the Aliens Act 1947-1952, I,*

 , being an alien of nationality, registered under that Act, whose certificate of registration number is              and

residing at  hereby notify the following particulars in

respect of my marriage:—

Full name before the marriage†

Full name of spouse

Nationality of spouse

Certificate of registration number (if any) of spouse

Date and place of marriage

Marriage certificate number

Signature of alien (married name)

Date of signature

FORM 7. Section 11.

Regulation 11.

Aliens Act 1947-1952.

ALIENS REGULATIONS.

APPLICATION FOR CONSENT TO ASSUME AND USE SURNAME.

* Insert full name under which registered.

1,*   , being an alien of   nationality, registered under the Aliens Act 1947-1952, whose certificate of registration number is                                          and residing at                                          hereby apply for written consent in pursuance of section 11 of that Act for me to assume and use the surname of

My reason(s) for desiring to effect this change of name is (are) set out hereunder.

REASON(S).

Signature of alien

Date of signature

Form 8. Section 12.

Regulation 14,

[Outside Front Cover.]

COMMONWEALTH OF AUSTRALIA

Aliens Act 1947-1952.

CERTIFICATE OF REGISTRATION.

No. .

[Inside Front Cover.]

Name

Previous name (if any)

Address

Nationality

Place of birth

Date of birth

Marital status

Occupation

Disembarked in Australia on

 Port of per

Certificate issued at on

Issuing officer

[Page 1.]

Signature of holder Certificate No.

Personal description:

Height feet inches

Build

Eyes hair

Remarks

Photograph

[Pages 2 and 3.]

CHANGES OF ADDRESS.

[Pages 4 and 5.]

CHANGES OF OCCUPATION OR EMPLOYMENT.

[Pages 6 and 7.]

REMARKS.

[Insert here details of any alteration except changes of address, occupation or employment.]

FORM 9. Section 12.

Regulation 16.

Aliens Act 1947-1952.

ALIENS REGULATIONS.

APPLICATION FOR ISSUE OF NEW CERTIFICATE OF REGISTRATION.

* In block letters. † Strike out whichever is in applicable. ‡ Insert name of ship or identification marks of aircraft.

I, the above-mentioned person, of nationality, born at    
on the day of    ,

and now residing at hereby make application for the issue of a new certificate of registration to replace certificate of registration numbered                            issued to me at                                                        on the
 

are as follows:—

I disembarked in Australia on the   day of   19 ,

at from‡

I enclose two unmounted photographs of myself.

Signature of applicant

Date of signature

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