STATUTORY RULES.

1917 No. 97.

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REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1916.

The War Precautions (Aliens Registration) Regulations 1916.

Amendments.

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 War Precautions Act 1914-1916 to come into operation on and from the 1st day of July, One thousand nine hundred and seventeen.

Dated this first day of May, One thousand nine hundred and seventeen.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

E. J. RUSSELL,

For Minister of State for Defence.

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The War Precautions (Aliens Registration) Regulations 1916.

1. Regulation 3 is amended by substituting the word “sixteen” for the word “fifteen” in the definition of “Alien.”

2. Regulation 5 is amended—

(a) By substituting the following for sub-regulation (2):—

(2) Every alien entering the Commonwealth after the 30th day of June, 1917, as a passenger in or as the master or a member of the crew of as oversea vessel shall, immediately after the arrival of the vessel at the first port of call in the Commonwealth, unless to be exempted by or under these Regulations, register himself as an alien in accordance with these Regulations, and every alien who refuses or fails to do so, or who lands before he has registered, shall be guilty of an offence.

(b) By substituting the word “sixteen” for the word “fifteen” in sub-regulation (3).

3. The following regulations are substituted for regulations 6-9:—

Allen resident in Commonwealth—manner of effecting regulation.

6. (1) An alien resident in the Commonwealth shall effect his registration by properly completing a notice (in triplicate) in accordance with Form A1 in the Schedule to these Regulations and by attending in person with such notices before the aliens registration officer nearest to his usual place of abode.

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(3) Any alien resident in the Commonwealth who, on account of absence from his usual place of abode, is unable before the 31st day of October, 1916, to attend before the aliens registration officer nearest to his usual place of abode may attend before any after aliens registration officer for the purpose of registering himself. In such case the alien on returning to his usual place of abode shall give notice of change of abode in accordance with paragraph 9.

Alien arriving in Commonwealth—manner of effecting registration.

7. (1) An alien entering the Commonwealth as a passenger in, or as the master or as a member of the crew of on oversea vessel, shall effect his registration by properly completing a notice (in triplicate) in accordance with Form A2 in the Schedule to these Regulations, and by attending in person, immediately after the arrival of the vessel at the first port of call in the Commonwealth, before an aliens registration officer on board the vessel with the following documents:—

(a) the notice in Form A2, in triplicate; and

(b) his certificate of registration (if he has been registered under these Regulations during a previous visit to the Commonwealth, and if his certificate was not taken from him on his departure from the Commonwealth); and

(c) his passport (if he be a passenger or a member of the crew not signed on in Australia but due for discharge in a Commonwealth port).

Master of vessels to assist aliens registration officers.

(2) (a) The master of every oversea vessel, other than a public vessel of any Government shall immediately on arrival at the first port of call furnish to an aliens registration officer or other officer acting under these Regulations a list showing the number and names of the crew, and their nationality and race, and produce the vessel’s articles.

(b) The master of every vessel shall afford to all aliens registration officers and other officers acting under these Regulations every facility for performing their duties, and shall permit any such officer at any time to enter the vessel and to search every part of her.

(c) The master of a vessel who—

(i) refuses or neglects to afford all reasonable facilities to an officer for the performance of his duties; or

(ii) refuses or neglects on demand to deliver forthwith to an officer any list required by these Regulations; or

(iii) delivers to an officer any list or statement which is incorrect in any material particular,

shall be guilty of an offence.

Communicating with vessel before registration has been completed.

(3) Any person who, except in the execution of his duties as a public servant, boards any oversea vessel in the Commonwealth at her first port of call, or communicates with any alien on board an oversea vessel at her first port of call in the Commonwealth before the registration in accordance with these Regulations of all aliens on board has been completed, shall be guilty of an offence.

Officers may require signature and thumb print.

7a. An aliens registration officer or other officer acting under these Regulations may require an alien (if he can write) to write his usual signature on any form or other document, and to allow a print of his fingers and thumbs or any of them to be taken on

any form or other document; and any alien who refuses to write his signature, or writes a signature which is not his usual signature, or who refuses to allow a complete and legible print of any of his fingers and thumbs to be taken, shall be guilty of an offence.

Issue of certificate of registration.

8. Upon the registration of an alien in accordance with these Regulations, a certificate of registration in accordance with Form B1 or B2 in the Schedule to these Regulations shall be issued to him.

Aliens to report change of place of abode.

9. (1) An alien shall not change his place of abode unless he first gives notice to the aliens registration officer nearest to his place of abode of the date on which he intends to change his place of abode, and of his intended new place of abode.

(2) The notice shall be given by the alien properly completing a notice (in triplicate) in accordance with Form E in the Schedule to these Regulations, and by the alien attending in person with such notices before that aliens registration officer; provided that if the alien’s place of abode is distant more the ten miles from the office of that officer it shall be sufficient if the notices be sent by post or messenger to him.

(3) If the alien does not change his place of abode in accordance with the particulars stated in the notice, he shall forthwith inform that officer of the cancellation of his intended change of abode, or of any alteration in the intended date of his change of abode or in his intended new place of residence, as the case may be.

(4) An alien shall within seven days after acquiring a new place of abode attend in person before the aliens registration officer nearest to his new place of abode and shall bring with him his certificate of registration.

(5) An alien arriving in the Commonwealth who acquires a place of abode in the Commonwealth shall within seven days after acquiring a place of abode give notice thereof to the aliens registration officer nearest thereto.

The notice shall be given by the alien properly completing a notice (in triplicate) in accordance with Form E in the Schedule to these Regulations, and attending in person therewith and with his certificate of registration before that aliens registration officer

(6) This Regulation does not apply to an alien who (not having a place of abode in the Commonwealth) travels in the Commonwealth without acquiring a place of abode, or who (having a place of abode in the Commonwealth) travels in the Commonwealth without changing his place of abode.

(7) An alien who acts in contravention of any provision of this Regulation shall be guilty of an offence.

4. Sub-regulation (1) of regulation 10 is amended to read as follows:—

10. (1) It shall be the duty of the keeper of every hotel, inn, boardinghouse, and lodginghouse in Australia, to provide himself with a register for the purposes of this regulation, and to ascertain

and enter in such register the following particulars of all aliens staying at the hotel, inn, boardinghouse, or lodginghouse:—

Name

Nationality

Date of arrival

Previous place of abode

If arrived by vessel, name of vessel

Date of departure

Destination on departure

If departing by vessel, name of vessel;

and if the keeper of an hotel, inn, boardinghouse, or lodginghouse, fails to provide himself with a register, or to ascertain and enter therein the foregoing particulars in respect of any alien staying at his premises, or if he makes any entry in any such register which he knows, or could by the exercise of reasonable diligence have ascertained, to be false, he shall be guilty of an offence.

5. The following regulations are substituted for regulations 12-13:—

Aliens to produce certificates of registration on demand.

12. (1) Every alien shall, on demand made by an officer, produce to the officer forthwith his certificate of registration, and if he fails to do so, he shall be guilty of an offence.

(2) Any person who has possession of a certificate of registration issued to a deceased alien shall, on demand made by an officer, hand the certificate to the officer forthwith, and if he fails to do so, he shall be guilty of an offence.

(3) An officer may require any alien who is about to leave the Commonwealth to give up to him his certificate of registration, and if the alien fails to do so, he shall be guilty of an offence.

Aliens or person believed to be aliens to answer questions and produce documents.

13. Any officer may at any time require any person believed by him to be an alien to answer any question as to his name, birthplace, nationality, place of living, movements, or business, and to produce documentary or other evidence of his nationality, and any person who refuses or fails to answer any such question or to produce any such evidence in his possession or control, or who gives a false or misleading answer to any such question shall be guilty of an offence.

Obstructing officers.

13a. Any person who obstructs, knowingly misleads, or otherwise interferes with or impedes any aliens registration officer or other officer or person acting under these Regulations, shall be guilty of an offence.

6. Forms A, B, C of the Schedule are cancelled, and the following forms substituted.

THE SCHEDULE.

Form A1.

The War Precautions (Aliens Registration) Regulations 1916.

FORM OF APPLICATION FOR REGISTRATION.

[For Alien resident in Commonwealth.]

This form is to be filled up (except as to signature and thumb print) in triplicate, and the Alien is to attend in person, with the triplicate forms, before the member of the Police Force in charge of the Police Station nearest has usual place of abode, and in his presence sign the application and allow an impression of his thumb print to be taken if required.

Personal Description.

Height  ft. in. Colour of eyes

Colour of hair  Build

Notable marks

Remarks— Date of Application

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Form A2.

The War Precautions (Aliens Registration) Regulations 1916.

FORM OF APPLICATION FOR REGISTRATION.

[For Aliens entering Commonwealth in Oversea Vessel.]

Three copies of this Form are to be filled up (except as to signature and thumb mark), and the alien is to attend in person, immediately after the arrival of the vessel at the first port of call in the Commonwealth, before an Aliens Registration Officer on board the vessel, with the following documents:—

(a) The three copies of this Form; and

(b) His Certificate of Registration (if he has been registered under these Regulations during a previous visit to the Commonwealth, and if his Certificate was not taken from him on his departure from the Commonwealth); and

(c) His passport (if he is a passenger or a member of a crew not signed on in Australia but due for discharge in a Commonwealth port).

Schedule—continued.

Personal Description.

Height  ft.  in. Colour of eyes

Colour of hair  Build

Notable marks

Remarks—

Notices to Aliens entering the Commonwealth.

1. Ports at which Aliens may land.—Aliens are allowed to land at the following approved ports;—

but all other ports in the Commonwealth are prohibited ports, and aliens are not allowed to land at them.

But

(a) the foregoing prohibition does not apply to any alien to whom a certificate exempting him from the dictation test under the Immigration Act 1901-1912 has been issued by the proper authorities of the Commonwealth if an officer of Customs or police or other authorized officer is satisfied that he can safely be permitted to land; and

(b) If an officer of Customs or police or other authorized officer is satisfied that an alien friend has arrived at a prohibition port in ignorance of the foregoing prohibition, or in any other circumstances entitling him to special consideration and may safely be permitted to land, he may grant him permission accordingly; and

(c) the foregoing prohibition does not unless in any particular case an officer of Customs or police or other authorized officer so directs, apply to an alien friend who is the master or a member of the crew of a vessel arriving at a prohibited port, if whilst he is on shore he complies with such requirements (if any) as may be imposed upon him or upon masters and seamen generally by such officer at the port.

(d) An alien arriving at an approved port may, if a competent naval or military authority so directs, or if on officer of Customs or police or other authorized officer at the port is satisfied that he cannot safely be permitted to land in the Commonwealth, be prohibited from landing.

2. Restrictions as to Firearms, &c.—An alien is not allowed to land at any port in the Commonwealth having in his possession—

(a) any firearms or other weapons, ammunition, or explosives;

(b) any petroleum spirit, naptha, benzal, petroleum, or other inflammable liquid in quantities exceeding three gallons;

(c) any apparatus or contrivance intended for or capable of being used for signalling apparatus, either visual or otherwise;

(d) any carrier or homing pigeons;

(e) any motor car, motor cycle, or aircraft; or

(f) any cipher, code, or ether means of conducting secret correspondence;

and where an alien lands with any such articles in his possession be shall forfeit the articles and shall be deemed to have imported them in contravention of the provisions of the Customs Act 1901-1914, as though the articles in question were prohibited by a proclamation issued under the authority of section 52 of that Act.

Schedule —continued.

Provided that if an officer of Customs or police or other authorized officer considers that an alien friend arriving at any port may safely be permitted to land with any such articles as aforesaid in his possession, he may permit him to land accordingly.

3. Ports at which Aliens may Embark.—Aliens are not allowed to embark, except in a coasting vessel, at any prohibited port (i.e. any port not in the list in Para. 1).

But

(a) the foregoing prohibition does not apply to any person to whom a certificate exempting him from the dictation test under the Immigration Act 1901-1912 has been issued by the proper authorities of the Commonwealth if an aliens officer is satisfied by that he can safely be permitted to embark; and

(b) where a competent naval or military authority is satisfied that any alien friend who desires to embark at any prohibited port may safely be permitted to do so, he may grant him permission accordingly; and

(e) the foregoing prohibition does not, unless in any particular case an officer of Customs or police or other authorized officer so directs, apply to an alien friend who is the master or a member of the crew of a vessel leaving a prohibited port.

(d) An officer of Customs or police or other authorized officer may forbid an alien to embark at any port in a coasting vessel, if he considers that the alien cannot safely be permitted to embark.

4. Aliens to Report to Police when they Acquire a Place of Abode.—An alien arriving in the Commonwealth who acquires a place of abode in the Commonwealth is required within seven days after acquiring a place of abode to attend in person before the officer in charge of the police station (aliens registration officer) nearest thereto, and to bring with him his certificate of registration.

5. Alien Crews to carry Certificate of Registration when Ashore.—The master (if an alien) and every alien member of the crew of an oversea vessel is required when ashore to have on his person his certificate of registration as an alien.

6. Discharge of Alien Member of Crew.—An alien seaman signed on outside the Commonwealth is not allowed to be discharged in the Commonwealth, unless he first lodges his passport with an authorized officer.

7. Passports.—Alien passengers entering the Commonwealth are required to give up their passports before going ashore.

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No. ] Form B1.

(For alien resident in Commonwealth and for alien passenger entering Commonwealth on oversea vessel.)

Commonwealth of Australia.

DEPARTMENT OF DEFENCE.

The War Precautions (Aliens Registration) Regulations 1916.

Schedule—continued.

Notice to Aliens.

Change of Abode.—An alien, before changing his place of abode is required to give notice in the prescribed form to the Aliens Regulations Officer nearest to his place of abode of the date on which he intends to change his place of abode, and of his intended new place of abode. He is also required, within seven days after acquiring a now place of abode, to attend in person before the Aliens Registration Officer nearest to his new place of abode and to bring with him his certificate of registration.

Registration at hotels &c.—Aliens staying at hotels, boarding-houses, or lodging-houses are required to give to the keepers of such premises any information required for their registration at such premises.

Change of Name.—An alien is not allowed for any purpose to assume or use, or continue the assumption or use of any name other than that by which he was ordinarily known on the 1st day of October, 1916, unless be has previously notified his intention so to do to the Aliens Registration Officer nearest to his place of abode.

Alien Enemies.—Alien enemies are also subject to the requirements as to registration &c., of the Aliens Restriction Order 1915.

[On back]

Registered Changes of Abode.

New address

Registered at  Date

Signature of A.R.O.

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Form B2.

No. ] (For alien seaman entering Commonwealth on oversea vessel.)

Commonwealth of Australia.

Department of Defence.

The War Precautions (Alien Registration) Regulations 1916.

CERTIFICATE OF REGISTRATION OF ALIEN SEAMAN.

Notice to Alien Seamen.

An alien seaman serving on an oversea vessel is not allowed to land unless he has on his person his Certificate of Registration.

He is not required to report to the Alien Registration Officer at subsequent ports of call on the same voyage; but if he visits Australia on a later voyage he is required to register at the first port of call.

Schedule —continued.

If he is discharged in a Commonwealth port, and afterwards acquires a place of abode in the Commonwealth, he is required to register within seven days after acquiring a place of abode with the Aliens Registration Officer nearest to the place.

[On back.]

Signature of A.R.O.

[The following spaces are for use if seaman is discharged.]

Registered Changes of Abode.

New address

Registered at     Date

Signature of A.R.O

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Form E.

The War Precautions (Aliens Registration) Regulations 1916.

Notice of Change of Abode.

(1) In case of person who has had no previous place of abode in Commonwealth, write here “having landed from the s.s.                             at                             on                             .”

(2) In case of person who has had no previous place of abode in Commonwealth in place of “intend to change my place of abode to” write —“have taken up my abode at                            .”

To

The Aliens Registration Officer,

Take notice that I (name in full)

(1) formerly residing at (former place of abode) (occupation), (2) intend to change my place of abode to

I am registered as an alien of nationality under the War Precautions (Aliens Registration) Regulations 1916, the number of the certificate issued to me at               being

Date 191

Signature of alien

___________________________________________________________________

(For Office Use only.)

Signature of A.R.O. at old place of abode

Date notice sent to A.R.O. at new place of abode

Signature of A.R.O. at new place of abode

Name of place Date alien reported

[On back.]

Notes.—This form is used both for (a) an alien who has a place of abode in the Commonwealth and is about to change it; and (b) an alien arriving in the Commonwealth from overseas, who acquires a place of abode in the Commonwealth.

An alien who has a place of abode in the Commonwealth and is about to change it is required, before changing his place of abode, to fill up three copies of this notice and send them to the member of the police force Aliens Registration Officer in charge of the police station nearest to his place of abode. He is not required to attend in person before that Aliens Registration Officer.

If the alien does not change his place of abode in accordance with the particulars stated in the notice, he must at once inform that officer of the cancellation of his intended change of abode, or of any alteration in the intended date of his change of abode, or of his intended new place of residence, as the case may be.

Within seven days after acquiring a new place of abode, the alien must attend in person before the Aliens Registration Officer nearest thereto and bring with him his certificate of registration.

An alien who has arrived in the Commonwealth from overseas and who has had no previous place of abode in the Commonwealth is required, within seven days after acquiring a place of abode, to fill up three copies of this notice (altering it according to the directions given in side notes (1) and (2) above, and to attend with them and with his certificate of registration before the Aliens Registration Officer nearest to his place of abode.

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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

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