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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These Regulations (1932) implement the Immigration Act 1901–1932 by prescribing the practical rules officers and migrants must follow: who must fill in forms, medical detention for examination, landing and re‑entry permits, certificates exempting from tests, searches, summons and Board procedures, and criminal penalties for false statements or obstruction. They affect arriving alien passengers, shipmasters, guarantors and persons issuing permits, shifting record‑keeping, fee and evidentiary burdens onto those groups while granting broad operational discretion to officers and the Minister.
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STATUTORY RULES.
1932. No. 103.
REGULATIONS UNDER THE IMMIGRATION ACT 1901-1932.
I, THE DEPUTY OF 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 Immigration Act 1901-1932, to come into operation as from the 1st day of October, 1932.
Dated this twenty-third day of September, 1932.
PHILIP GAME
Deputy of the Governor-General.
By His Excellency’s Command,
ARCHDALE PARKHILL
Minister of State for the Interior.
Regulations under the Immigration Act 1901-1932.
Short title.
Definition.
2.—(1.) In these Regulations “ the Act ” means the Immigration Act 1901-1932.
(2.) Any reference in these Regulations to a Form shall be read as a reference to a Form in the Schedule to these Regulations.
Detention for medical examination.
Immigrants to furnish statement
4.—(1.) An alien passenger shall, on arrival at the first port of call in Australia, furnish to the Customs Boarding Officer or other authorized officer a statement, duly completed and signed, in accordance with Form A.
(2.) The passenger shall, on demand by an officer, acknowledge his signature and state whether the particulars contained in the statement are true and correct.
(3.) Any alien passenger who makes a false statement in supplying information required by Form A, or presents to an officer a statement in accordance with Form A which is false in any particular, shall be guilty of an offence against these Regulations.
(4.) This regulation shall not apply to—
(a) a foreign Consular Officer or a public officer of a foreign State duly accredited to the Commonwealth;
(b) a wife accompanying her husband; and
(c) a child under sixteen years of age accompanying his or her parent.
3006.—Price 8d.
(5.) In any prosecution for an offence against this regulation, the production of a paper purporting to be a declaration made and signed by the defendant shall be evidence that the declaration was made by the defendant and presented by him to an officer if the officer producing the declaration proves that it was presented to him by the defendant, and that the defendant either signed the declaration in his presence or acknowledged to the officer that it had been signed by him.
5.—(1.) Any officer thereto authorized in writing by the Minister may issue a landing permit to any intending immigrant whose maintenance has been guaranteed by a person resident in Australia.
(2.) The grantee of a landing permit may, on production of the permit and subject to the Act and these Regulations and the conditions specified in the permit, be permitted to enter the Commonwealth.
(3.) The fee for issue of a landing permit shall be One pound.
Enforcement of maintenance guarantee.
Conveyance of prohibited immigrants for purposes of deportation.
7.—(1.) Upon the arrival in Australia, in an overseas ship, of any person who is a prohibited immigrant under section 3 of the Act, the Collector of Customs of the State in which the immigrant arrives may make an order authorizing an officer to convey the immigrant to another ship, either in the same port or at another port in Australia, for the purpose of deporting him from Australia.
(2.) This regulation shall not affect the liability of any person under section 9 of the Act.
Searching vessels for prohibited immigrants.
Searching premises for documents relating to immigration of prohibited immigrants.
Authorized officer may search building for exempted persons.
Production of passport certificates or credentials.
(a) possessed of a passport, or certificate of identity in lieu of a passport;
(b) possessed of a landing permit, or re-entry permit;
(c) possessed of a certificate of exemption;
(d) possessed of a certificate exempting from the dictation test;
(e) possessed of a certificate of naturalization, as defined in section 12b of the Act;
(f) possessed of a certificate of birth, as defined in section 12b of the Act; or
(g) duly accredited to the Government of the Commonwealth by the Imperial or any other Government, or sent by any Government on any special mission,
shall, when required by an officer, produce the passport, certificate, permit, or his credentials, as the case may be.
Certificate exempting from dictation test.
12.—(1.) Any person desiring a certificate under section 4b of the Act may make application therefor in accordance with Form B to the Collector of Customs for the State in which he resides, or to an officer authorized in that behalf by the Minister.
(2.) The applicant shall furnish with his application, certificates of character by at least two reputable citizens of the Commonwealth, and six unmounted and unretouched photographs of himself—three of his full face and three of his profile.
(3.) The certificate shall contain all matters necessary in the opinion of the Collector, or the authorized officer, as the case may be, for the identification of the holder, and may be in accordance with Form C.
(4.) The certificate shall be in duplicate, and one part shall be delivered to the applicant and the other part shall be retained.
(5.) The fee for issue of the certificate shall be One pound.
Re-entry Permits.
13.—(1.) Any person resident in Australia who, being eligible to remain in the Commonwealth, is about to leave Australia temporarily and who wishes to guard against any difficulty in returning to the Commonwealth, may make application in accordance with Form F for a Re-entry Permit.
(2.) Any officer thereto authorized in writing by the Minister may issue Re-entry Permits to applicants of a class approved by the Minister on payment of the prescribed fee. The Permit may be in accordance with Form G.
(3.) The fee for issue of a Re-entry Permit shall be One pound and, in the event of such Permit being renewed, a further fee of Ten shillings shall be payable in respect of each year for which the Permit is renewed.
Powers of officers to determine whether a person is a prohibited immigrant, &c.
Persons refusing to answer questions or making false statements.
15.—(1.) Any person who—
(a) refuses to answer any question lawfully put to him by an officer; or
(b) makes or presents to an officer any statement or document which is false in any particular,
shall be guilty of an offence.
(2.) In any proceedings for an offence against this regulation, the burden of proving the truth of the statement in respect of which the proceedings have been instituted, or the genuineness of the document presented, shall rest on the person accused.
(3.) Proceedings under this regulation may be taken before a court of summary jurisdiction, and may be commenced at any time within three years after the commission of the offence.
Interpreters.
Unlawful transfer of passports, certificates, identification cards, &c.
Unlawful possession of certificates, passports, identification cards, &c.
(a) a certificate of exemption which does not relate to him; or
(b) any passport, certificate, permit, credentials, or identification card, referred to in the Act or in these Regulations, and not relating to him; or
(c) any such passport, certificate, permit, credential or identification card which is forged or false,
shall be guilty of an offence against these Regulations.
Persons obstructing officers.
Proceedings under section 8aa or 8ab of the Act.
20.—(1.) A summons under section 8aa or 8ab of the Act shall specify the place at which the person summoned is required to appear before the Board.
(2.) The person summoned may appear either personally or by counsel.
Power to summon witnesses and require production of documents.
Power to examine upon oath.
Affirmation in lieu of oath.
23.—(1.) Where any witness to be examined before any such Board conscientiously objects to take an oath, he may make an affirmation that he conscientiously objects to take an oath, and that he will state the truth, the whole truth, and nothing hut the truth, to all questions that may he asked him.
(2.) An affirmation so made shall be of the same force and effect, and shall entail the same liabilities, as an oath.
Penalty for failing to attend or produce documents.
24.—(1.) If any person served with a summons to attend any such Board, whether the summons is served personally or by being left at his usual place of abode, fails without reasonable excuse to attend the Board, or to produce any documents, books, or writings in his custody or control which he was required by the summons to produce, he shall be guilty of an offence.
(2.) It shall be a defence to a prosecution under this regulation for failing without reasonable excuse to produce any documents, books, or writings if the defendant proves that the documents, books, or writings were not relevant to the inquiry.
Penalty for refusing to be sworn or to give evidence.
Duty of witness to continue in attendance.
Power of Board in relation to documents produced.
Witnesses to be paid expenses.
Giving false testimony.
Penalty: One hundred pounds or imprisonment for six months.
Master to supply information regarding passengers.
30.—(1.) The master of a vessel, other than a public vessel of a Government, arriving at any port in the Commonwealth, from parts beyond the Commonwealth, with any passengers on board for that port, shall, before making entry at the Customs, deliver to an officer a list of all the passengers for the 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 and the medical officer (if any) of the vessel shall make and sign a statement in writing on the list stating, to the best of their knowledge and belief, as to each of the passengers, whether he or she is insane, idiotic, deaf and dumb, blind, infirm, or destitute, or is suffering from any infectious or contagious disease of a loathsome or dangerous character, or is suffering from any other disease or mental or physical defect likely to cause him or her to become a charge upon any public or charitable institution.
(3.) The master or medical officer of a vessel who refuses or neglects to make and sign the statement required by this section, or who makes or signs any statement under this section which is incorrect in any material particular, shall be guilty of an offence against these Regulations.
(4.) The furnishing by the master of a vessel of a list of incoming passengers in accordance with the Navigation Act 1912-1926, and by the master and medical officer (if any) of Health Reports in accordance with the requirements of the Quarantine Act 1908-1924, shall be de
This is an opening excerpt, not the complete document.