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This Act may be cited as the Aliens Act 1913 .
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Tasmania act
This Act gives non‑citizens the legal capacity to acquire, hold and dispose of real and personal property on the same terms as Australian citizens (see s 3), while preserving specific limits. It also removes the special jury right known as de medietate linguae for aliens (s 4). It matters to aliens, their transferees and courts because it changes who may own property and how civil rights tied to citizenship are retained or withheld.
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Direct links to the current provisions in Aliens Act 1913.
This Act may be cited as the Aliens Act 1913 .
[Section 2 Repealed by 25 Geo. V No. 78 ]
*[Section 3 Amended by No. 88 of 1986, s. 3 and Sched. 1 ]*Real and personal property of every description may be taken, acquired, held, and disposed of by an alien in the same manner in all respects as by an Australian citizen; and a title to real and personal property of every description may be derived through, from, or in succession to an alien, in the same manner in all respects as through, from, or in succession to an Australian citizen: Provided that nothing in this Act contained shall –
(a) qualify an alien to be or become the owner of a British ship or any share therein;
(b) qualify an alien for any office or franchise;
(c) entitle an alien to any right or privilege as an Australian citizen, except such rights and privileges in respect of property as are by this Act expressly given to him;
(d) affect the liability of an alien to serve on juries under the provisions of any Act for the time being in force relating to juries; or
(e) affect any estate or interest in real or personal property to which any person has or may become entitled, either mediately or immediately, in possession or expectancy, in pursuance of any disposition made before the passing of this Act, or in pursuance of any devolution by law on the death of any person dying before the passing of this Act.
*[Section 4 Amended by No. 88 of 1986, s. 3 and Sched. 1 ]*An alien shall not be entitled to be tried by a jury de medietate linguae, but shall be triable in the same manner as if he were an Australian citizen.
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
This Act may be cited as the Aliens Act 1913 .
[Section 2 Repealed by 25 Geo. V No. 78 ]
*[Section 3 Amended by No. 88 of 1986, s. 3 and Sched. 1 ]*Real and personal property of every description may be taken, acquired, held, and disposed of by an alien in the same manner in all respects as by an Australian citizen; and a title to real and personal property of every description may be derived through, from, or in succession to an alien, in the same manner in all respects as through, from, or in succession to an Australian citizen: Provided that nothing in this Act contained shall –
(a) qualify an alien to be or become the owner of a British ship or any share therein;
(b) qualify an alien for any office or franchise;
(c) entitle an alien to any right or privilege as an Australian citizen, except such rights and privileges in respect of property as are by this Act expressly given to him;
(d) affect the liability of an alien to serve on juries under the provisions of any Act for the time being in force relating to juries; or
(e) affect any estate or interest in real or personal property to which any person has or may become entitled, either mediately or immediately, in possession or expectancy, in pursuance of any disposition made before the passing of this Act, or in pursuance of any devolution by law on the death of any person dying before the passing of this Act.
*[Section 4 Amended by No. 88 of 1986, s. 3 and Sched. 1 ]*An alien shall not be entitled to be tried by a jury de medietate linguae, but shall be triable in the same manner as if he were an Australian citizen.