ALIENS ACT 1947 [Note: This Act is "repealed" by Act No. 119 of 1984]
(#DATE 19:12:1973)
Compilation Information
- Reprinted as at 19 December 1973
ALIENS ACT 1947 - TABLE OF PROVISIONS
TABLE
ALIENS ACT 1947-1973
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. (Repealed)
4. Interpretation
5. Register of aliens
6. Register not open for inspection
7. Aliens to register
7A. Making of application for registration before entry into
Australia
8. Exemption from registration
9, 10. (Repealed)
10A. Notification of marriage
11. Change of surname
12, 12A. (Repealed)
13. Aliens and others to supply information
14. Untrue statements
15. Offences by witnesses
16. Signing for alien
17. Offences to be continuing
18. Settlement of cases
18A. Acts done outside Australia
19. Time for commencement of prosecutions
20. Penalties for offence
21. Regulations
ALIENS ACT 1947 - SECT. 1.
Short title.
SECT
ALIENS ACT 1947-1973
An Act relating to Aliens.
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Aliens Act 1947-1973.*
ALIENS ACT 1947 - SECT. 2.
Commencement.
SECT
2. This Act shall come into operation on a date to be fixed by
Proclamation.*
Section 3 repealed by No. 216, 1973, s. 3.
* * * * * * * *
ALIENS ACT 1947 - SECT. 4.
Interpretation.
SECT
Sub-section (1) amended by No. 68, 1952, s. 3; No. 32, 1959, s. 3; and No.
216, 1973, s. 3.
4. (1) In this Act, unless the contrary intention appears-
''alien'' means a person over the age of sixteen years who is an alien
within the meaning of the Nationality and Citizenship Act 1948-1950;*
''officer'' means-
(a) an officer of the Department of Immigration; or
(b) a person, or a person included in a class of persons, authorized by
the Minister to exercise the powers conferred on an officer by this Act.
Added by No. 9, 1966, s. 3.
(2) For the purposes of this Act but subject to the next succeeding
sub-section, a person who arrives in Australia on board a ship or aircraft
shall be deemed to enter Australia when he first disembarks from the ship or
aircraft in Australia, whether or not he intends to return to the ship or
aircraft.
Added by No. 9, 1966, s. 3.
(3) For the purposes of the last preceding sub-section, where a person who
arrives in Australia on board an aircraft disembarks from the aircraft at an
airport that is a proclaimed airport for the purposes of the Migration Act
1958-1966, that person shall be deemed not to have disembarked from the
aircraft at that airport unless and until he leaves that airport otherwise
than in the same aircraft.
ALIENS ACT 1947 - SECT. 5.
Register of aliens.
SECT
Sub-section (1) amended by No. 68, 1952, s. 4.
5. (1) There shall be a Register of Aliens for every State or Territory
being part of the Commonwealth, in which entries shall be made, and from which
entries may be removed, as prescribed.
(2) An alien whose name is entered in a Register of Aliens shall be a
registered alien.
ALIENS ACT 1947 - SECT. 6.
Register not open for inspection.
SECT
6. A Register of Aliens shall not be open for inspection except by a person
authorized in writing by the Minister.
ALIENS ACT 1947 - SECT. 7.
Aliens to register.
SECT
Substituted by No. 68, 1952, s. 5.
Sub-section (1) amended by No. 216, 1973, s. 3.
7. (1) A person who-
* * * * * * * *
(b) being an alien, has entered Australia; or
(c) while in Australia, has become an alien,
shall, in the prescribed manner and before the prescribed time, apply to be
registered under this Act as an alien.
Substituted by No. 216, 1973, s. 3.
(2) Sub-section (1) does not apply to an alien who enters Australia if-
(a) at the date of that entry, he is a registered alien; or
(b) before the date of that entry, an application for his registration
under this Act was received under section 7A and the application was not
cancelled.
Amended by No. 132, 1973, s. 3.
(3) Where a person who is required by this section to apply to be registered
under this Act as an alien is under the age of eighteen years at the time when
the obligation so to apply first arises, the application may be made on his
behalf by his parent or guardian.
Amended by No. 132, 1973, s. 3.
(4) The parent or guardian of a person under the age of eighteen years who
is required by this section to apply to be registered under this Act as an
alien and in respect of whom an application for registration has not been made
before the prescribed time shall be deemed to have contravened this section.
ALIENS ACT 1947 - SECT. 7A.
Making of application for registration before entry into Australia.
SECT
Inserted by No. 9, 1966, s. 5.
7A. (1) An officer may, in relation to a proposed entry into Australia of an
alien, receive an application for registration of the alien under this Act,
but the name of the alien shall not be entered in a Register of Aliens in
pursuance of the application before the alien has entered Australia.
Amended by No. 132, 1973, s. 4.
(2) An application under the last preceding sub-section shall be made in the
prescribed manner by the alien or, if the alien is under the age of eighteen
years, by the alien or, on his behalf, by his parent or guardian.
(3) Where it appears to an officer that the proposed entry of an alien into
Australia in relation to which an application has been received under this
section will not, or is unlikely to, take place, or that it is desirable to do
so by reason of lapse of time since the application was made, the officer may
cancel the application.
ALIENS ACT 1947 - SECT. 8.
Exemption from registration.
SECT
Sub-section (1) amended by No. 68, 1952, s. 6; No. 12, 1965, s. 3; No. 9,
1966, s. 6; and No. 132, 1973, ss. 5 and 9.
8. (1) The provisions of sections 7 and 10A do not apply to-
(a) any diplomatic or consular representative or official trade
commissioner of a foreign country or any member of the staff of any such
representative or commissioner who has been sent to Australia by the
Government of the foreign country, or the wife or dependent relative of any
such representative, commissioner or member;
(b) the master and crew of any public vessel of any Government, other than
a vessel which is employed for purposes of trade or commerce;
(c) a person who enters Australia while an alien and, before the time by
which he would, but for this section, be required to apply to be registered as
an alien, states to an officer that he does not intend to remain in Australia
for more than twelve months; and
(d) any alien or any alien included in a class of aliens exempted from
registration by the Minister or by any officer authorized in that behalf by
the Minister.
Added by No. 9, 1966, s. 6; amended by No. 132, 1973, ss. 5 and 9.
(2) Notwithstanding the last preceding sub-section, where a person referred
to in paragraph (c) of that sub-section remains in Australia for more than
twelve months after the day on which he entered Australia, the provisions of
sections 7 and 10A apply to that person after the expiration of that period.
Section 9 repealed by No. 132, 1973, s. 6; section 10 repealed by No. 12,
1965, s. 4.
* * * * * * * *
ALIENS ACT 1947 - SECT. 10A.
Notification of marriage.
SECT
Inserted by No. 68, 1952, s. 7.
10A. An alien who marries shall, within the prescribed time and in the
prescribed manner, notify a prescribed person of the marriage.
ALIENS ACT 1947 - SECT. 11.
Change of surname.
SECT
Substituted by No. 68, 1952, s. 7. Sub-section (1) amended by No. 132, 1973,
s. 9.
11. (1) Subject to sub-section (4), an alien shall not, without the consent
in writing of the Minister or of a person, or of a person included in a class
of persons, authorized in writing by the Minister to give consents under this
section, assume or use a surname other than a surname that he is permitted by
this section to use.
Amended by No. 132, 1973, s. 9.
(2) A person who was in Australia immediately before 1st January, 1948,
may-
(a) if he was, immediately before that date, registered under the National
Security (Aliens Control) Regulations-use the surname under which he was so
registered; or
(b) if he was not, immediately before that date, registered under those
Regulations-use the surname by which he was ordinarily known immediately
before that date.
Amended by No. 132, 1973, s. 9.
(3) A person who has entered Australia on or after 1st January, 1948, may-
(a) if he is registered under this Act-use the surname under which he is so
registered; or
(b) if he is not registered under this Act-use the surname by which he was,
immediately before his entry, ordinarily known.
Amended by No. 132, 1973, s. 9.
(4) The provisions of sub-section (1) do not apply to-
(a) the assumption and use of her husband's surname by an alien, being a
woman, upon and after her marriage;
(b) the assumption and use of a surname by an alien where, before the
commencement of this section, the alien has obtained consent under section 11
of the Aliens Act 1947 to his changing his surname to the first-mentioned
surname; and
(c) the assumption and use of a name by a person in conformity with the
usage of a religious order upon entry into that order.
Sections 12 and 12A repealed by No. 32, 1959, s. 4.
* * * * * * * *
ALIENS ACT 1947 - SECT. 13.
Aliens and others to supply information.
SECT
13. An officer may require any person whom he believes to be an alien to
furnish information as to his name, the date and place of his birth, his
nationality, residence and occupation and to produce any document or other
evidence in his possession or control relating to those matters, and a person
who is so required shall not refuse or fail to supply that information or to
produce the document or other evidence or knowingly give false or misleading
information.
ALIENS ACT 1947 - SECT. 14.
Untrue statements.
SECT
Amended by No. 68, 1952, s. 8.
14. A person shall not make any false statement in any application or other
document under this Act or the regulations.
ALIENS ACT 1947 - SECT. 15.
Offences by witnesses.
SECT
15. A person shall not, unless he has reasonable ground for believing that
the statements contained in the application or other document are true, affix
his signature as witness to any application or other document signed by an
alien for the purposes of this Act or the regulations.
ALIENS ACT 1947 - SECT. 16.
Signing for alien.
SECT
16. A person shall not place what purports to be the signature of another
person on any application or other document under this Act or the
regulations.
ALIENS ACT 1947 - SECT. 17.
Offences to be continuing.
SECT
17. (1) Notwithstanding that the time prescribed for the doing of any act by
an alien has expired or that he has been convicted for failing to do that act,
the alien shall, until he does that act, continue to be guilty of an offence
and subject to the same penalty as if he had been proceeded against for
failing to do that act within the prescribed time.
Added by No. 68, 1952, s. 9; amended by No. 132, 1973, ss. 7 and 9.
(2) Notwithstanding that the time prescribed for the making of an
application for registration under this Act of a person under the age of
eighteen years has expired, or that the parent or guardian of that person has
been convicted for contravening section 7, the parent or guardian shall, until
such an application is made or the person attains the age of eighteen years,
whichever first happens, continue to be deemed to have contravened that
section and shall be subject to the same penalty as if he had been proceeded
against for contravening that section.
Sub-section (3) omitted by No. 132, 1973, s. 7.
* * * * * * * *
ALIENS ACT 1947 - SECT. 18.
Settlement of cases.
SECT
Amended by No. 68, 1952, s. 10; No. 32, 1959, s. 5; No. 12, 1965, s. 6; No. 9,
1966, s. 7; and No. 132, 1973, ss. 8 and 9.
18. Where an alien admits to an officer that he has failed to do within the
prescribed time any act which section 7 or section 10A requires him to do, the
officer shall report the circumstances to the Permanent Head of the Department
administered by the Minister and, with the consent in writing of the alien and
upon proof that the alien has since done that act, the Permanent Head or a
person authorized in that behalf by the Minister may determine the matter and
may order the alien to pay such pecuniary penalty not exceeding Twenty dollars
as he thinks proper, and upon payment of that penalty, the alien shall not be
liable to be further proceeded against in respect of the same matter.
ALIENS ACT 1947 - SECT. 18A.
Acts done outside Australia.
SECT
Inserted by No. 9, 1966, s. 8.
Sub-section (1) amended by No. 132, 1973, s. 9.
18A. (1) A person who enters Australia after having done an act or thing
outside Australia in relation to an application under section 7A that, if it
had been done in Australia, would have constituted an offence against this Act
is guilty of an offence punishable upon conviction by a fine not exceeding One
hundred dollars or imprisonment for a period not exceeding three months.
(2) Nothing in this section renders a person liable to be punished twice in
connexion with the same act or thing done outside Australia.
Amended by No. 132, 1973, s. 9.
(3) In relation to offences against this section, section 39 of the
Judiciary Act 1903-1965 applies as if the several jurisdictions of the courts
of the States were not subject to any limits as to locality.
ALIENS ACT 1947 - SECT. 19.
Time for commencement of prosecutions.
SECT
19. A summary prosecution in respect of any offence against this Act or the
regulations may be commenced at any time after the commission of the offence.
ALIENS ACT 1947 - SECT. 20.
Penalties for offence.
SECT
Substituted by No. 9, 1966, s. 9.
20. A person who contravenes or fails to comply with a provision of this Act
is guilty of an offence punishable upon conviction by a fine not exceeding One
hundred dollars or imprisonment for a period not exceeding three months.
ALIENS ACT 1947 - SECT. 21.
Regulations.
SECT
Amended by No. 68, 1952, s. 11; and No. 9, 1966, s. 10.
21. 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 in particular, but without limiting the
generality of the foregoing, for obtaining information as to the movements,
employment and location of aliens in Australia and their departure from
Australia, and for prescribing penalties not exceeding One hundred dollars, or
imprisonment not exceeding three months, or both, for any offence against the
regulations.
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ALIENS ACT 1947 - NOTES
NOTES
1. The Aliens Act 1947-1973 comprises the Aliens Act 1947 as amended by the
other Acts specified in the following table:
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Number Date of
Act and year Date of
Assent commencement
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Aliens Act 1947 No. 22, 1947 10 June 1947 1 Jan 1948
(see Gazette
1947,
p. 3389)
Aliens Act 1952 No. 68, 1952 28 Oct 1952 15 Nov 1954
(see Gazette
1954,
p. 3233)
Aliens Act 1959 No. 32,1959 13 May 1959 13 May 1959
Aliens Act 1965 No. 12, 1965 17 May 1965 17 May 1965
Aliens Act 1966 No. 9, 1966 6 May 1966 6 May 1966
Aliens Act 1973 No. 132, 1973 13 Nov 1973 13 Nov 1973
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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2.-S.4 (1)-Now cited as the Australian Citizenship Act 1948-1973.