STATUTORY RULES.

1964. No. 158.

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REGULATIONS UNDER THE MIGRATION ACT 1958-1964.*

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 Migration Act 1958-1964.

Dated this eighteenth day of December, 1964.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

Hubert Opperman

Minister of State for Immigration.

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Amendments of the Migration Regulations.†

Commencement.

1. These Regulations shall come into operation on the first day of January, 1965.

Interpretation.

2. Regulation 3 of the Migration Regulations is amended by inserting in sub-regulation (1.), after the definition of “Commissioner”, the following definitions:—

“‘overseas passenger’ means—

(a) in relation to a vessel arriving at a port in Australia in the course of, or at the conclusion of, an overseas voyage or an overseas flight—a passenger on board the vessel—

(i) who was on board the vessel when it left a place outside Australia at the commencement of, or during the course of, the voyage or flight; and

(ii) whose journey in the vessel ends in Australia; or

(b) in relation to a vessel leaving a port in Australia and bound for or calling at a place outside Australia—a passenger on board the vessel—

(i) who joined the vessel at a port in Australia; and

(ii) who intends to journey in the vessel to or beyond that place outside Australia;

‘overseas voyage’ or ‘overseas flight’, in relation to a vessel, means a voyage or flight that commenced at, or during which the vessel called at, a place outside Australia;

* Notified in the Commonwealth Gazette on 21 December, 1964.

† Statutory Rules 1959, No. 35, as amended by Statutory Rules 1959, No. 89.

14807/64.—Price 9d. 9/30.11.1964

‘passenger card’ means a card approved by the Minister for the purpose of facilitating the furnishing by a person of information relating to the person or to another person, being information required for purposes relating to immigration or emigration;”.

3. Regulations 4 and 5 of the Migration Regulations are repealed and the following regulations inserted in their stead:—

Passenger may be required to furnish passenger card.

“4.—(1.) Where an overseas passenger arrives at a port in Australia on board a vessel that has arrived at that port in the course of, or at the conclusion of, an overseas voyage or an overseas flight, an officer may require the passenger—

(a) to complete a passenger card relating to the passenger, or to another overseas passenger in the passenger’s charge, in accordance with the directions on the passenger card;

(b) to sign the passenger card; and

“(2.) An officer may require an overseas passenger on board a vessel leaving a port in Australia and bound for, or calling at, a place outside Australia—

(a) to complete a passenger card relating to the passenger, or to another overseas passenger in the passenger’s charge, in accordance with the directions on the passenger card;

(b) to sign the passenger card; and

“(3.) A person on whom a requirement is made by an officer under this regulation and to whom a passenger card has been supplied shall—

(a) forthwith comply with the requirement; and

(b) if so requested by an officer, state whether or not the signature on the passenger card is the signature of the person.

“(4.) A person shall not furnish to an officer a passenger card containing information relating to a person that is false or misleading in a material particular.

“(5.) The last preceding sub-regulation does not apply in relation to a passenger card the furnishing of which constitutes an offence under paragraph (d) of sub-section (1.) of section thirty-one of the Act.

Master to furnish information regarding passengers.

“5.—(1.) Where—

(a) a vessel arriving at a port in Australia in the course of, or at the conclusion of, an overseas voyage or an overseas flight carries overseas passengers; and

(b) the master of the vessel has not been required under this sub-regulation to furnish a list of passengers in respect of the voyage or flight,

the master shall, on the request of an officer, furnish to the officer a list of all the overseas passengers on board setting out, to the best of the master’s knowledge and belief, in respect of each passenger—

(d) the intended address in Australia of the passenger;

(e) the place in Australia at which the passenger’s journey in the vessel ends; and

(f) whether the passenger is a British subject.

“(2.) Where a list of passengers on a vessel is furnished under the last preceding sub-regulation, the medical officer of the vessel or, if there is no medical officer of the vessel, the master of the vessel shall furnish with the list a certificate signed by him—

(a) certifying that, in his opinion, none of the passengers on the list, with the exception of the passengers, if any, whose names are set out in the certificate, is suffering from a prescribed disability, defect or disease; and

(b) where passengers are named in the certificate as being excepted from the certificate—setting out opposite to the name of each of the passengers so excepted the nature of the disability, defect or disease from which the passenger is, in the opinion of the medical officer or the master, suffering,

together with a number of copies of the certificate equal to the number of copies of the list required to be furnished under sub-regulation (7.) of this regulation.

“(3.) Each of the following disabilities, defects or diseases is a prescribed disability, defect or disease, as the case may be, for the purposes of the last preceding sub-regulation:—

(a) mental illness;

(b) deaf mutism;

(d) infirmity from any cause;

(e) any mental or physical defect that is of a serious nature; and

(f) any disease that is of a serious nature or is infectious or contagious.

“(4.) Where a vessel arriving at a port in Australia in the course of, or at the conclusion of, an overseas voyage or an overseas flight carries overseas passengers whose journey in the vessel ends at that port, the master of the vessel shall, on the request of an officer, furnish to the officer a list of those passengers setting out, to the best of the master’s knowledge and belief, in respect of each passenger, such of the following particulars as the officer specifies:—

(a) the name of the passenger;

(b) the intended address in Australia of the passenger; and

“(5.) Where—

(a) a vessel arriving at a port in Australia in the course of an overseas voyage or an overseas flight carries passengers—

(i) who were o n board the vessel when it left a place outside Australia at the commencement of, or during the course of, the voyage or flight; and

(ii) who intend to journey in the vessel beyond Australia; and

(b) the master of the vessel has not been required under this sub-regulation to furnish a list of passengers in respect of the voyage or flight,

the master shall, on the request of an officer, furnish to the officer a list of all the passengers referred to in paragraph (a) of this sub-regulation setting out, to the best of the master’s knowledge and belief, in respect of each passenger—

(d) the nationality of the passenger; and

(e) the number, and place of issue, of the passport held by the passenger.

“(6.) Where overseas passengers on board a vessel leaving a port in Australia and bound for, or calling at, a place outside Australia have Joined the vessel at that port, the master of the vessel shall, on the request of an officer, furnish to the officer a list of those passengers setting out, to the best of the master’s knowledge and belief, in respect of each passenger—

(a) the name of the passenger; and

(b) the place where the passenger’s journey in the vessel ends.

“(7.) An officer who requests the master of a vessel to furnish a list referred to in any of the preceding sub-regulations may, when making the request, require that a specified number (not exceeding six) of copies of the list be furnished with the list, and, if the officer so requires, the master shall furnish the specified number of copies accordingly.

“(8.) This regulation does not apply in relation to a vessel of the regular armed forces of a Government recognized by the Commonwealth.”.

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.