1War-time Refugees Removal Act 1949

WAR-TIME REFUGEES REMOVAL.

No. 32 of 1949.

An Act to provide for the Removal from Australia of certain Persons who entered Australia during the Period of Hostilities.

[Assented to 12th July, 1949.]

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 War-time Refugees Removal Act 1949.

Commencement.

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

Interpretation.

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

“approved form” means a form approved by the Minister;

“deportee” means a person for whose deportation the Minister has made an order under this Act;

“officer” means an officer of the Department of Immigration, and includes, in relation to the exercise of any power or the discharge of any function under this Act, an officer of the Commonwealth, or a member of the police force of a State or of a Territory, being part of the Commonwealth, who is authorized in writing by the Minister to exercise that power of discharge that function;

“the period of hostilities” means the period from and including the third day of September, One thousand nine hundred and thirty-nine to and including the second day of September, One thousand nine hundred and forty-five.

(2.) Any reference in this Act to a vessel, to the master of a vessel or to a port shall include a reference to an aircraft, to the pilot in command of an aircraft or to an airport, respectively.

Persons to whom this Act applies.

4.—(1.) This Act shall apply to every person—

(a) who entered Australia during the period of hostilities and is an alien;

(b) who, during the period of hostilities, entered Australia as a place of refuge, by reason of the occupation, or threatened occupation, of any place by an enemy, and has not left Australia since he so entered; or

(c) who, during the period of hostilities, entered Australia by reason of any other circumstances attributable to the existence of hostilities and has not left Australia since he so entered,

not being—

(d) a person who, at the time of that entry, was domiciled in Australia;

(e) a person who was born in Australia;

(f) a diplomatic or consular representative or official trade commissioner of a foreign country, or a member of the staff of any such representative or commissioner, who has been sent to Australia by the Government of the foreign country; or