Federal Register of Legislation - Australian Government

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Aliens Deportation Act 1946

Authoritative Version
Act No. 29 of 1946 as made
An Act to provide for the Deportation of certain Aliens.
Date of Assent 13 Aug 1946
Date of repeal 18 Jan 1949
Repealed by Aliens Deportation Act 1948



No. 29 of 1946.

An Act to provide for the Deportation of certain Aliens.

[Assented to 13th August, 1946.]

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 Aliens Deportation Act 1946.


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


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

“a Commissioner” means His Honour Mr. Justice William Ballantyne Simpson appointed on the twenty-fifth day of October, One thousand nine hundred and forty-five, or His Honour Mr. Justice Wilfred Hutchins appointed on the thirty-first day of May, One thousand nine hundred and forty-six, in pursuance of the National Security (Inquiries) Regulations to inquire into and report upon certain matters in relation to the public safety and defence of the Commonwealth, including the question whether it was necessary or desirable to deport from Australia certain persons referred to in the instrument of appointment;

“alien” means a person who is or has been detained in Australia as an alien under any provision of the National Security (Aliens Control) Regulations or the National Security (General) Regulations.

Deportation of aliens.

4.—(1.) Where a Commissioner has recommended that an alien be deported from the Commonwealth the Minister may make an order for the deportation of that alien.

(2.)  Where the Minister has made an order under this section for the deportation of any alien that alien shall be deported from the Commonwealth accordingly and may, pending deportation, be kept in such custody as the Minister directs or be released upon such conditions as are prescribed.


5.   The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which 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 for prescribing penalties not exceeding Fifty pounds or imprisonment not exceeding three months, or both, for any offence against the regulations.