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Aliens Regulations

Authoritative Version
SR 1948 No. 8 Regulations as made
Principal Regulations
Gazetted 13 Jan 1948
Date of repeal 15 Nov 1954
Repealed by Aliens Regulations

STATUTORY RULES.

1948. No. 8.

REGULATIONS UNDER THE ALIENS ACT 1947.*

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.

Dated thisTwelfth (handwritten)  day of January 1948.

W. J. McKELL

Governor-General.

By His Excellency's Command,

Signature of the Minister of State for Immigration

Minister of State for Immigration.

ALIENS REGULATIONS.

Citation.

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

Definitions.

2. In these Regulations, unless the contrary intention appears—

" prescribed officer " means the Commonwealth Migration Officer in a State capital city or Postmaster at a Post Office at which money order facilities are available outside a State capital city and includes an officer of the Department of Immigration or the Postmaster-General's Department who is performing any duties under the Act or these Regulations at the direction of the Commonwealth Migration Officer or Postmaster;

" the Act " means the Aliens Act 1947.

Forms.

3. In these Regulations, any reference to a Form shall be read as a reference to a Form in the Schedule to these Regulations.

Registration of resident alien.

4.(1.) An alien who was in the Commonwealth on the first day of January, 1948, shall, within one month after that date, make application to be registered as an alien under the Act by completing a Form R.A.1 and attending with it in person before a prescribed officer.

(2.) The application for registration shall be signed by the alien with his personal signature, or, if he is unable to write, with his personal mark, and the signature or mark, as the case may be, shall be made in the presence of and witnessed by a Justice of the Peace, a Member of the Police Force, Immigration Officer, Commissioner for Affidavits, Commissioner for Declarations, Member of Parliament, School Teacher, Postal Official or Minister of Religion.

* Notified in the Commonwealth Gazette on                                                                                                      , 1948.

77235.—Price 8d.                                                                                                          8/9.1.1948.


 

Registration of alien entering Australia.

5. Unless exempted from registration under the Act, an alien (other than an alien referred to in regulation 8 of these Regulations) who enters the Commonwealth as a passenger in, or as a member of the crew of, an overseas vessel or aircraft, shall, immediately after the arrival in the Commonwealth of the vessel or aircraft at the first port of call or aerodrome, as the case may be, make application to be registered as an alien under this Act by attending in person before an officer on board the vessel or at the aerodrome with the following documents :—

(a) His passenger card as issued in accordance with the Immigration Regulations ;

(b) His certificate of registration (if he has been registered as an alien during a previous visit to the Commonwealth and if his certificate was not taken from him on his departure) ; and

(c) His passport or other means of identification :

Provided that an alien member of the crew of an overseas vessel or aircraft shall not be required to be registered as an alien if he surrenders his passport or other means of identification to be held by the Commonwealth Migration Officer or the master of the vessel or aircraft while it remains in port and the alien remains a member of the crew.

Alien to furnish photographs.

6.—(1.) An alien shall, at the time he makes application for registration or when required by an officer, furnish two identical unmounted photographs of himself, approximately two and one-half inches by two inches in size, of head and shoulders only, taken full face, without hat and with plain background.

(2.) One of the photographs shall be affixed to the certificate of registration issued to the alien.

Certificate of registration.

7. The certificate of registration of an alien issued pursuance of section 12 of the Act shall be in accordance with Form B.

Exempted aliens.

8.—(1.) Where an alien arrives in the Commonwealth and does not intend to reside in the Commonwealth, the officer in attendance at the vessel or aircraft on which the alien arrives shall issue to the alien a notice in accordance with Form R.A.5.

(2.) Where any such alien departs from the Commonwealth before the expiration of sixty consecutive days, he shall give notice of his  departure by completing the annexure to Form R.A.5 and delivering it to an officer in attendance at the vessel or aircraft at the port of embarkation or aerodrome.

(3.) Where any such alien remains in the Commonwealth for more than sixty consecutive days, or longer than such shorter period as the Minister has in ally particular case directed, he shall forthwith make application for registration as an alien in accordance with regulation 4 of these Regulations.

Unauthorized person not to board vessel or aircraft.

9. A person (not being the owner, agent or charterer of the vessel or aircraft, or a person employed by him and not being au officer of the Commonwealth in the execution of his duty) shall not, unless


 

authorized by an officer, board any oversea vessel or aircraft which has on board alien passengers for disembarkation before the registration of those aliens has been completed in accordance with these Regulations.

Alien not to land before registration.

10. Unless he is exempted from registration under the Act, an alien shall not, unless authorized by an officer, land in the Commonwealth until registered as an alien in accordance with these Regulations.

Lost or destroyed certificates

11.—(1.) An alien whose certificate of registration is lost or destroyed shall, immediately upon his becoming aware of that fact, notify in writing a prescribed officer of the loss or destruction of the certificate and make application in accordance with Form R.A.6 for the issue of a new certificate of registration.

(2.) The alien shall furnish with the application two unmounted photographs of himself of the size and description prescribed by regulation 6 of these Regulations.

(3.) When an alien has complied with the provisions of this regulation, he may be issued with a new certificate of registration in accordance with Form B and that certificate shall, while it remains uncancelled, be deemed to be the certificate of registration of the alien.

(4.) Where, after the issue of a new certificate, an alien recovers possession of his certificate or registration which was lost or thought to have been destroyed, he shall forthwith notify the fact to a prescribed officer and deliver up to him the certificate which has been recovered.

Change of abode.

12.—(1.) A registered alien who changes his place of residence or abode shall, within seven days of acquiring the new place of residence or abode, notify in writing a prescribed officer in the State or Territory in which he is registered of the change of residence or abode.

(2.) The notification shall be given by the alien completing a notification in accordance with Form R.A.2 and attending in person with the notification and his certificate of registration before a prescribed officer.

(3.) Where a notification is made in accordance with this regulation, the new address shall be endorsed by the prescribed officer on the certificate of registration.

Change of occupation.

13. A notification of change of occupation or employment in pursuance of section 10 of the Act shall be in accordance with Form R.A.3 and the alien shall attend in person with the notification and his certificate of registration before a prescribed officer.

Change of surname

14.—(1.) An application by an alien for consent in writing to change his surname shall be in accordance with Form R.A.4 and the alien shall forward or deliver it to the Commonwealth Migration Officer in the capital city of the State in which the alien is residing.

(2.) Where consent in writing to change his surname is given to an alien, he shall, as required by an officer, forward his certificate of registration to the Commonwealth Migration Officer in the capital city of the State in which the alien is residing for cancellation, and the Commonwealth Migration Officer shall then issue a fresh certificate bearing the new name.


 

Alien becoming a British subject.

15. An alien who becomes a British subject, whether by naturalization or otherwise, shall forthwith notify such fact by completing a notification in accordance with Form R.A.7 and delivering the notification and the certificate of registration to a prescribed officer.

Alien leaving the Commonwealth.

16. An alien who is leaving the Commonwealth and proposes to return to the Commonwealth within a period of six months may be issued with a receipt for his certificate of registration and, if the alien returns to the Commonwealth within that period and produces the receipt to an officer at the port or aerodrome at which he re-enters the Commonwealth, his certificate of registration may be returned to him.

Master to supply information regarding passengers outgoing.

17.—(1.) The master, owner or agent of any vessel or aircraft embarking passengers for a destination outside the Commonwealth shall furnish to an officer a list of all the passengers embarking, specifying to the best of his knowledge and belief, the name, age, sex, nationality, race, calling or occupation of each of the passengers.

(2.) The furnishing by the master of a vessel of a list of passengers in accordance with the Navigation Act 1912-1942 and by the master of an aircraft of a list of incoming passengers in accordance with the Census and Statistics Act 1905-1946 shall be deemed to be a sufficient compliance with this regulation.

Disposal of deceased alien's registration certificate.

18. Any person who comes into possession of a certificate of registration issued to a deceased alien and any person who comes into possession of a certificate of registration of an alien which does not relate to him ,shall forthwith deliver the certificate to a prescribed officer.

Possession of forged certificates, &c.

19. A person shall not—

(a) without lawful authority, have in his possession or use any forged, altered or irregular certificate of registration or other document connected with registration ;

(b) with intent to deceive, alter or use or lend to, or allow to be used by, any other person any certificate of registration.

Master to supply information regarding passengers incoming.

20.—(1.) The master of every oversea vessel or aircraft (other than a public vessel or aircraft) shall, immediately on arrival at a port of call or aerodrome in the Commonwealth, furnish to an officer a list of all the passengers for the port or aerodrome, 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 furnishing by the master of a vessel of a list of incoming passengers in accordance with the Navigation Act 1912-1942 and by the master of an aircraft of a list of incoming passengers in accordance with the Census and Statistics Act 1905-1946 shall be deemed to be a sufficient compliance with this regulation.

Master to supply information regarding crew.

21. The master of every oversea vessel or aircraft (other than a public vessel or aircraft) shall immediately on arrival at a port of call or aerodrome in the Commonwealth, if required by an officer, deliver to an officer a list showing the number and names of the members of the crew and their nationality and race.


 

Offences by master of  vessel or aircraft

22.—(1.) The master of a vessel or aircraft shall afford to all officers acting under these Regulations every facility for performing their duty.

(2.) The master of a vessel or aircraft shall not—

(a) refuse or neglect to afford all reasonable facilities to an officer for the performance of his duties ; or

(b) refuse or neglect on demand to deliver forthwith to an officer any list required by these Regulations ; or

(c) deliver to an officer any list or statement which is incorrect in any material particular.

Penalties

23. Any person who contravenes or fails to comply with any provision of these Regulations shall be guilty of an offence against these Regulations and shall be liable upon conviction to a penalty not exceeding Fifty pounds or imprisonment for three months.

THE SCHEDULE.

Regulation 4.                                                                                                               FORM R.A. 1

[Front of Form.]

Commonwealth of Australia.

Aliens Act 1941.

Certificate No.            

APPLICATION FOR REGISTRATION.

Name (in full)

(Surname or main name in block letters.)                         (Christian or other names.)

Previous name or alias (if any)

Present address

Federal electorate

Nationality

 

Previous nationality (if any)

Birthplace

Brace grouping Birthplace Town or City and Country

Town or city

Date of birth

Country

Sex

Married or single

Occupation

Name and address of firm or employer

Date of arrival in Australia                              Port of arrival

Name of vessel or aircraft

Height

ft.

in.; Colour of hair

; Colour of

eyes

; Build

; Marks

If registered under the National Security (Aliens Control) Regulations number                                         of certificate of registration       Date of issue

Place of issue

If married, details of husband or wife, as the case may be, and of children                                        under the age of sixteen years :—

Name.

Address.

Birthplace.

Sex.

Date of Birth.

Wife/husband ........

 

 

 

 

 

Children.................

 

 

 

 

 

(Signature of applicant.)

(Date.)

(Signature of witness.)

(Title.)

(Date.)

THIS SPACE FOR OFFICIAL USE ONLY.

Photograph

Number of Certificate issued

Date of issue

Issued by

For instructions regarding the completion of this form see back hereof.

[Outside Front Cover.]

Regulation 7.                                                                                                               FORM B.

Commonwealth of Australia.

Aliens Act 1947.

CERTIFICATE OF REGISTRATION.

No.

[Inside Front Cover.]

Name

Address

Nationality

Place of birth

Date of birth

Single or married

Occupation

Arrived in Australia on

Port of                                                                   per

Signature of Holder

Certificate issued at                                                                 on

Issued by

For Commonwealth Migration Officer

[Page 1.]

Personal Description :

Height

ft.

ins.

 

Build

 

 

Photograph.

Eyes

Hair

 

 

Remarks

 

 

 

 

[Pages 2 and 3.]

CHANGES OF ADDRESS.

New address.

Notified.

Date.

Signature of Commonwealth Migration Officer or Postmaster.

 

 

 

 

[Page 6.]

REMARKS.

(Insert here any alterations in details except change of address.)

Date.

Alteration.

 

 


 

Regulation 12.                                                                                                             FORM R.A. 2.

Commonwealth of Australia.

Aliens Act 1947.

NOTICE OF CHANGE OF ABODE.

*The Postmaster,                                             *The Commonwealth Migration Officer,

Take notice that I,

(Surname or main name.)                                  (Christian or other names.)

formerly residing at

changed my place of residence or abode to

on                                                                19               .

I am registered as an alien under the Aliens Act 1947, the number of the certificate issued to me
being                            . My occupation is                   and my nationality is                           .

(Signature of alien.)

(Date.)

FOR OFFICE USE ONLY.

New address endorsed on certificate of registration

Federal Electorate

*Commonwealth Migration Officer

or

Postmaster

* Whichever is applicable.

This form must be completed by an alien within seven days of acquiring a new place of residence or abode and be presented with the certificate of registration to the Commonwealth Migration Officer if residing in a capital city, or to the nearest Post Office at which money order facilities are provided, if residing outside a capital city.

Regulation 13.                                                                                                             Foam R.A. 3.

COMMONWEALTH OF AUSTRALIA

Aliens Act 1947.

NOTICE OF CHANGE OF OCCUPATION OR EMPLOYMENT

*The Postmaster,                                             *The Commonwealth Migration Officer,

Take notice that I,

(Surname or main name.)                                  (Christian or other names.)

residing at                                                    am at present employed as follows :—

Occupation

Name of employer or firm

Address of employer or firm

Date of commencing above-mentioned employment

I am registered as an alien of                                                               nationality and my

certificate of registration is No.

(Signature of alien.)

(Date.)

FOR OFFICE USE ONLY.

Date received                                                               by *Commonwealth Migration Officer

or

Postmaster

* Whichever is applicable.

An alien who changes his occupation or employment must complete this form within seven days of commencing the new occupation or employment and present it with his certificate of registration to the Commonwealth Migration Officer if residing in a capital city or to the nearest Post Office at which money order facilities are provided if residing outside a capital city.


 

Regulation 14.                                                                                                             FORM R.A.4.

Commonwealth of Australia.

Aliens Act 1947.

APPLICATION BY AN ALIEN FOR WRITTEN CONSENT TO CHANGE SURNAME.

The Commonwealth Migration Officer,

In pursuance of section 11 of the Aliens Act 1947, I,

(Surname or main name.)

registered as an alien of

(Christian or other names.)

nationality, certificate No.                               and residing at

make application for written consent to change my surname to

My reasons for desiring to effect this change of name are set out hereunder:

(Signature of alien.)

(Date.)

REASONS.

FOR OFFICIAL USE ONLY.

The Secretary, Department of Immigration, Canberra.

Commonwealth Migration Officer

Date

An alien who desires to obtain written consent to change his surname must complete this form and forward it to the Commonwealth Migration Officer in the capital city of the State in which he is residing.

Regulation 8.                                                                                                               FORM R.A. 5.

Commonwealth of Australia.

Aliens Act 1947.

NOTICE TO ALIENS ENTERING THE COMMONWEALTH OF AUSTRALIA FOR A PERIOD NOT EXCEEDING SIXTY CONSECUTIVE DAYS.

Under Section 8 (c) of the Aliens Act 1947, an alien who does not intend to reside in the Commonwealth and does not remain in the Commonwealth for more than sixty consecutive days, or such shorter period as the Minister in any particular case directs, is exempted from registration under the Act at the time of his entry into the Commonwealth. Regulation 8 (2.) of the Aliens Regulations provides, however, that an alien in such case shall notify his departure from the Commonwealth.

Should you depart from the Commonwealth before the expiration of a period of sixty consecutive days from the date of arrival, or such shorter period as is directed by the Minister, you should complete the subjoined form and hand it to an officer of the Department of Immigration in attendance at the vessel or aircraft at the time of your embarkation.

Should you remain in the Commonwealth in excess of the stipulated period you must make application for registration on Form R.A. 1, which is obtainable from the Department of Immigration in each capital city, or, outside a capital city, from a Post Office at which there are money order facilities.

Any failure to comply with the requirements set out above, which are provisions of the Aliens Act 1947 and Regulations made thereunder, renders an offender liable to a fine of £50 or imprisonment for three months.

Secretary,

(Perforated)                                                                 Department of Immigration, Canberra.

…………….…………………………………………………………………………………………….


 

FORM R.A. 5 (Annexure) .

Take notice that I,

(Surname or main name.)                                   (Christian or other names.)

arrived in the Commonwealth as a tourist or visitor at

on                                         by                                                                             and was exempted

(Vessel or aircraft.)

from registration under the Aliens Act 1947.

I am departing the Commonwealth by

(Vessel or aircraft.)

from the port of                                                                       on

My last address in Australia was

(Signature of alien.)

(Date.)

(This annexure must be completed and handed to an officer of the Department of Immigration in attendance at the vessel or aircraft at the time of embarkation.)

Regulation 11.                                                                                                             FORM R.A.6.

Commonwealth of Australia.

Aliens Act 1947.

APPLICATION FOR ISSUE OF NEW CERTIFICATE OF REGISTRATION TO REPLACE ONE LOST OR DESTROYED.

I

(Surname or main name.)                                   (Christian or other names.)

of                                                                  nationality, residing at

hereby make application for the issue of a new certificate of registration to replace

certificate number                              issued to me at                                       on

which has been

*lost

destroyed

* Cross out word not applicable.

I also enclose two unmounted photographs of myself.

(Signature of applicant.)

(Date.)

STATUTORY DECLARATION TO BE COMPLETED BY APPLICANT.

(Note.—Any person who wilfully makes a false statement in a Statutory Declaration is guilty of an indictable offence, and is liable to imprisonment, with or without hard labour, for four years.)

I,                                  declare that *

* Insert here circumstances surrounding loss or destruction of certificate.

And I make this solemn declaration by virtue of the Statutory Declarations Act 1911-1944, conscientiously believing the statements contained therein to be true in every particular.

(Signature.)

(Date.)

Declared at

on the                               day of                                               19       .

Before me—

A Statutory Declaration may be made before—

(1) A Police, Stipendiary or Special Magistrate, or a Justice of the Peace,

(2) A Commissioner for Affidavits, or

(3) A Commissioner for Declarations.

Note.—Should the certificate which has been lost or thought to have been destroyed be subsequently recovered it must be immediately surrendered to the Commonwealth Migration Officer in a capital city or to the Postmaster at a Post Office where money order facilities are available outside a capital city.


 

Regulation 15.                                                                                                             FORM R.A. 7.

Commonwealth of Australia.

Aliens Act 1947.

NOTIFICATION OF NATURALIZATION OR ACQUISITION OF BRITISH

NATIONALITY.

*The Postmaster, *The Commonwealth Migration Officer,

Take notice that I,

(Surname or main name.)        (Christian or other names.)

registered as an alien of                                   nationality, certificate No.

have acquired British nationality by—

(1) Naturalization certificate No.         dated

(2) Inclusion in certificate of naturalization No.

Complete (1), (2) or (3) whichever is applicable.

dated

issued to

father

mother

(Name.)

(3) Marriage to a British subject

(Name.)

on                                at                                   Marriage

Certificate No.

My certificate of registration No.                           herewith for cancellation.

(Signature of alien.)

(Date.)

 

FOR OFFICE USE ONLY.

Particulars of certificate of naturalization or marriage, checked and found to be correct.

Commonwealth Migration Officer

or

Postmaster.

* Whichever is applicable.

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