The Secretary, Department of External Affairs, has forwarded for advice papers in connection with the imprisonment of a . . . youth A.B. by name. The following memorandum is with the file:

The attached memorandum from the Collector, Fremantle, and the report by the Police regarding a . . . youth named A.B., aged 18 years, are submitted for consideration by the Minister as to whether action should be taken against this person under section 8 of the Immigration Act with the view of his being deported from the Commonwealth.

2. The section referred to applies to aliens convicted of crimes of violence against the person. We have no previous case where the charge was, as in the present case, 'Attempting to have unlawful carnal knowledge etc.', but there are several cases in which action was taken under section 8 in respect of persons who were imprisoned after conviction on charges of indecent assault.

3. It will be seen that B.'s father resides at Kalgoorlie and is said to have arrived in the Commonwealth with his son about 6 years ago. As the father has not obtained a certificate of naturalization under the Commonwealth Act, his son is not exempt from liability under section 8 on the ground of naturalization.

Section 8 of the Immigration Act 1901-1912 is as follows:

Any person who is not a British subject either natural-born or naturalized under a law of the United Kingdom or of the Commonwealth or of a State, and who is convicted of any crime of violence against the person, shall be liable, upon the expiration of any term of imprisonment imposed on him therefor, to be required to pass the dictation test, and if he fails to do so shall be deemed to be a prohibited immigrant and shall be deported from the Commonwealth pursuant to any order of the Minister.

In my opinion the offence of attempting to have unlawful carnal knowledge of a girl under the age of thirteen years is a crime of violence within the meaning of the above section.

On the facts stated in the file it appears to be a fair assumption that the son is not a British subject either natural-born or naturalized under a law of the United Kingdom or of the Commonwealth or of a State.

[Vol. 14, p. 4]