I refer to your memorandum dated 6th May, 1949, wherein you seek advice as to whether the provisions of the Aliens Act 1947 require the registration of alien children upon their attaining the age of sixteen years.

(2)  Section 7 of the Act is as follows—

7. (1) Every alien in the Commonwealth at the date of the commencement of this section shall, within the prescribed time and in the prescribed manner, make application to be registered as an alien under this Act.

(2) Any alien who enters the Commonwealth shall, within the prescribed time and in the prescribed manner, make application to be registered as an alien under this Act.”

The Act was assented to on 10th June, 1947 and came into operation on 1st January, 1948.

(3)  ‘Alien’ is defined in section 4 of the Act as ‘any person over the age of sixteen years other than …’.

(4)  Subject to the exemptions in section 8 of the Act, I am of opinion that the only aliens required to apply for registration under the Act are—

(a) those who were in the Commonwealth and over sixteen years at 1st January, 1948; and

(b) those who enter the Commonwealth after 1st January, 1948, and at the date of entry are over the age of sixteen years.

(5)  I agree with the conclusions set out in the second and third paragraphs of your memorandum and, in my view, it would be necessary to amend the Act to give effect to the Department’s intention that every alien should be required to apply for registration upon attaining the age of sixteen years.

[Vol. 38, p. 306]