523
THE
ALIENS ACTS, 1867 to 1958
Aliens Act of 1867, 31 Vic. No. 28
Amended by
Statute Law Revision Act of 1908, 8 Edw. 7 No. 18
Aliens Act and Another Act Amendment Act of 1948, 13 Goo. 6 No. 10
Aliens Acts and Another Act Amendment Act of 1952, 1 Eliz. 2 No. 22
Statutes Amendment Act of 1956 (5 Eliz. 2 No. 18)
Aliens Acts Amendment Act of 1958, 7 Eliz. 2 No. 57
An Act to Consolidate and Amend the Laws relating to Aliens.
[Assented to 28 December 1867]
[Preamble repealed by the Statute Law Revision Act of 1908, s. 2,
title ACTS OF PARLIAMENT]
PRIVILEGES OF WOMEN
1. Persons bom of a British mother. 7 & 8 Vic. c. 66 s. 3. Every
person now born or hereafter to be born out of Her Majesty's dominions
of a mother being a natural born subject of the United Kingdom of
Great Britain and Ireland shall be capable of taking to him or her or his
or her heirs executors or administrators any estate real or personal within
the colony of Queensland by devise or purchase or inheritance or
succession.
7 & 8 Vic. c. 66 referred to in this section and elsewhere is the Naturalization
Act, 1844 (Imperial), now repealed.
As to rights of aliens to hold property, see also s. 3 and notes.
2. Woman naturalized by marriage. 7 & 8 Vic. c. 66 s. 16. Any
woman married or who shall be married to a natural born subject
or person naturalized shall be deemed and taken to be herself naturalized
and have all the rights and privileges of a natural born subject within
the said colony.
ALIENS IN GENERAL
3. Alien friends may hold personalty. 7 & 8 Vic. c. 66 s. 4. (1) Every
alien being the citizen or subject of a friendly state shall and may take
and hold by purchase gift bequest representation or otherwise every
species of personal property except chattels real as fully and effectually to
all intents and purposes and with the same rights remedies exemptions
privileges and capacities as if he or she were a natural born subject of
the United Kingdom of Great Britain and Ireland.
(2) (a) In this subsection the term "Minister" means the AttomeyGeneral or other Minister for the time being charged with the
administration of this Act.
(b) Any and every alien shall and may(i) notwithstanding any provision of any other Act or law; but
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ALIENS
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(ii) as respects real property or chattels real, subject to the
Minister permitting him in writing to take real property,
take and hold by purchase, gift, bequest, representation, or otherwise
every species of property, real and personal, movable and immovable,
as fully and effectually to all intents and purposes and with the same
rights, remedies, exemptions, privileges, and capacities as if he or she
were a British subject under and within the meaning of the Nationality
and Citizenship Act 1948-1950 of the Commonwealth (or of any Act
passed in amendment thereof or substitution therefor).
(c) The Minister may(i) refuse to grant to an alien a permit under this subsection
without assigning any reason for so doing;
(ii) require an applicant for a permit under this subsection to
furnish to him all such information and particulars as he
deems necessary in the circumstances, and further require
any information or particulars so furnished to be verified as
he shall direct;
(iii) grant to an alien a permit under this subsection in respect of
any specified real property or chattel real, or any specified
estate or interest in real property or chattels real or any
specified estate or interest in any specified real property or
chattel real.
(d) A permit granted to an alien under this subsection in respect of
any specified real property or chattel real, or any specified estate or
interest in any real property or chattels real, or any specified estate or
interest in any specified real property or chattel real, shall limit the right
of that alien so that he shall be authorised by this subsection to take and
hold the particular real property, chattel real, or, as the case may be, estate
or interest in real property or chattels real or in the particular real property
or chattel real as specified in the permit and none other.
(e) The Minister may revoke any permit granted by him under this
section, but the revocation by the Minister of the permit shall not affect or
prejudice howsoever the right of the alien in question to continue to
hold any real property, chattels real or estate or interest in any real
property or chattels real lawfully taken by that alien before, and lawfully
held by him when, the permit is revoked, or affect or prejudice howsoever
any of the rights, remedies, exemptions and capacities had by that alien
in relation to the same by virtue of this subsection.
(f) The power of the Minister to revoke a permit granted by him
under this section shall include power to revoke, by a notice published
in the Gazette all permits so granted by him to citizens or subjects of any
State or Country specified in that notice, it being hereby declared that
all such permits to citizens or subjects of a State or Country specified in
such a notice of revocation granted before and in force at the date of the
publication of that notice in the Gazette shall be thereby revoked,
notwithstanding that such notice does not name or otherwise identify
those citizens or subjects or any of them.
(g) Every application for a permit under this subsection shall be
accompanied by the prescribed fee.
If the permit is granted the fee shall be paid into and form part of
the Consolidated Revenue Fund, but if the permit is refused the fee shall
be refunded to the applicant.
ALIENS ACTS, 1867 TO 1958
ss.3-4
525
The Goyemor in Council may, from time to time, by Order in Council
published in the Gazette prescribe the amount of the fee payable in respect
of permits under this subsection.
This paragraph applies on and from the date of the publication in
the Gazette of the Order in Council first made hereunder.
(h) Notwithstanding any provision of this Act or any other Act or
law any and every alien shall and may as from the passing of "The Aliens
Acts Amendment Act of 1958" take, acquire, hold, and dispose of any
real property or any estate or interest in real property in all respects
as if he were a British subject under and within the meaning of the
Nationality and Citizenship Act, 1948-1955, of the Commonwealth
(or of any Act passed in amendment thereof or substitution therefor);
and a title to real property or any estate or interest therein may be derived
through, from, or in succession to an alien, in the same manner in all
respects as through, from, or in succession to a natural-born British
subject as aforesaid:
Provided that this paragraph of this subsection shall not entitle an
alien to any right or privilege as a British subject as aforesaid, except such
rights and privileges in respect of property as are by this paragraph
expressly given to him.
Previously amended by Act of 1948, 13 Geo. 6 No. 10, s. 4, and now as
amended by Act of 1952, 1 Eliz. 2 No. 22, s. 3; Statutes Amendment Act of 1956,
5 Eliz. 2 No. 18, s. 2; Act of 1958, 7 Eliz. 2 No. 57, s. 2.
Act referred to:
Nationality and Citizenship Act 1948-1960 (Commonwealth).
At common law an alien was in the same position as a British subject with
regard to all personal property except chattels real, but he could not hold real
estate or chattels real, with the exception that certain leaseholds might be held by
alien merchants. See 1 Halsbury's Laws of England, 3rd ed., p. 503.
An alien cannot own any interest in a British ship, Merchant Shipping Act
of 1894, s. 1 (Imperial), title SHIPPING.
With this section, cf. the effect of ss. 17, 26 (1) of the British Nationality
and Status of Aliens Act, 1914 (Imperial).
For other rights and disabilities of aliens, see the Preliminary Note.
H appears that one effect of the incapacity of an alien to hold and transfer
realty was to render him incompetent to make a "conveyance or transfer" of realty
within s. 95 of the Bankruptcy Act, 1924-1960 (Commonwealth), which makes
certain transactions void as against a trustee in bankruptcy. An application to
set aside such a purported transaction was therefore misconceived: Re Douyere
(1862), 1 S.C.R. 91. See now paragraph (h) supra.
4. Alien residents may hold lands for twenty-one years. 7 & 8 Vic.
c. 66 s. 5. Every alien now residing in or who shall hereafter come
to reside in any part of the said colony and being the subject of a friendly
state may by grant lease demise assignment bequest representation
or otherwise take and hold any lands houses or other tenements for
the purpose of residence or of occupation by him or her or his or her
servants or for the purpose of any business trade or manufacture for
any term of years not exceeding twenty-one years as fully and effectually
to all intents and purposes and with the same rights remedies exemptions
and privileges except the right to vote at the elections of members of the
Legislative Assembly of the said colony as if he were a natural born
subject of the United Kingdom of Great Britain and Ireland.
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ALIENS
This section shall be read so as not to limit the right of an alien to
take and hold any lands, houses or other tenements, or any estate or
interest therein which he may lawfully take and hold under and by virtue
of the provisions of section three of this Act or to continue to hold
any lands, houses or other tenements, or any estate or interest therein,
lawfully taken by him under and by virtue of the provisions of the said
section three as in force immediately prior to the passing of "The Aliens
Acts and Another Act Amendment Act of 1952".
Previously amended by Act of 1948, 13 Geo. 6 No. 10, s. 5 and now as
amended by 1 Eliz. 2 No. 22, s. 4.
See now the Leases to Aliens Restriction Acts, 1912 to 1952, in particular
s. 3 (4) thereof, title REAL PROPERTY.
The privileges granted to aliens by this section would now appear to be
superseded by the wider privileges extended by s. 3 (2) (h).
EUROPEAN
AND
NORTH
AMERICAN
ALIENS
5. Certain aliens taking the oath of allegiance shall be naturalizedSchedule. Any alien being a native of a European or North American
state and not being an alien enemy who shall attend before one or
more justices of the peace in petty sessions assembled and take and
subscribe the oath of allegiance to Her Majesty contained in the
schedule to this Act annexed shall thenceforth be a naturalized British
subject within the meaning of the laws now in force and such justice or
justices is or are hereby authorised and required to administer the said
oath.
It appears that an alien can no longer be naturalized under this and the
following sections. See Nationality and Citizenship Act 1948-1960, ss. 14 et seq.
(Commonwealth) .
ASIATIC
OR
AFRICAN
ALIENS
6. Asiatic and African aliens to be married and have resided three years
in colony. No Asiatic or African alien shall be entitled to be naturalized
as a British subject unless such alien shall be married and shall have
resided in the colony for a period of three years: Provided also that the
wife of the said alien shall at the time of his being so naturalized reside
within the colony.
See note to s. 5.
7. Memorial for certificate. Adapted from 7 & 8 Vic. c. 66 s. 7.
It shall be lawful for any such Asiatic or African alien as aforesaid
to present to the Governor of the said colony for the time being a
memorial stating the age profession trade or other occupation of the
memorialist and the duration and places of his or her residence in
Queensland and all other the grounds on which he or she seeks to obtain
any of the rights and capacities of a natural born British subject within
the said colony and praying the said Governor to grant to the memorialist
the certificate hereinafter mentioned.
See note to s. 5.
8. Certificates issued. Adapted from 7 & 8 Vic. c. 66 s. 8. Every
such memorial shall be considered by the said Governor who shall inquire
into the circumstances of each case and receive all such evidence as shall
be offered by affidavit or otherwise as he may deem necessary or proper
for proving the truth of the allegations contained in such memorial and
ALIENS ACTS, 1867 TO 1958
is.
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527
the said Governor if he shall so think fit may issue a certificate reciting
such of the contents of the memorial as he shall consider to be true and
material and granting to the memorialist (upon his or her taking and
subscribing the oath of allegiance) all the rights and capacities within
the said colony of a natural born British subject except the capacity of
being a member of either the Executive or the Legislative Councilor the
Legislative Assembly and except the rights and capacities (if any)
specially excepted in and by such certificate.
See note to s. 5.
9. And to be enrolled. Adapted from 7 & 8 Vic. c. 66 s. 9. Such
certificates shall be enrolled for safe custody as of record in the Supreme
Court of the said colony and may be inspected and copies thereof taken
under such regulations as the Chief Justice and one other judge of the
said Supreme Court shall direct.
See note to s. 5.
10. Oath to be taken. Compare 7 & 8 Vic. c. 66 s. 10. Within
sixty days from the day of the date of such certificate every memorialist
to whom rights and capacities shall be granted by such certificate shall
take and subscribe the oath of allegiance to Her Majesty before one or
more justices of the peace in petty sessions assembled.
See note to s. 5.
11. Power of Governor. Compare 7 & 8 Vic. c. 66 s. 11. The several
proceedings hereby authorised to be taken for obtaining such certificate
as aforesaid shall be regulated in such manner as the Governor in
Council shall from time to time direct.
See note to s. 5.
12. Right of certified aliens. 7 & 8 Vic. c. 66 s. 6. Upon obtaining
the certificate and taking and subscribing the oath of allegiance
every Asiatic or African alien now residing in or who shall hereafter
come to reside in any part of the said colony with intent to settle therein
shall enjoy all the rights and capacities within the said colony which a
natural born subject of the United Kingdom of Great Britain and Ireland
can enjoy or transmit except that such alien shall not be capable of
becoming a member of the Executive or Legislative Council or Legislative Assembly of the said colony or of enjoying such other rights and
capacities if any as shall be specially excepted in and by the certificate
to be granted in manner hereinbefore mentioned.
See note to s. 5.
RECORD
OF
OATHS,
ETC.
13. Copy of the oath to be recorded. A copy of every oath of
allegiance taken under this Act signed by the deponent and attested by
such justice or justices under his or their hand with the date of taking
the said oath shall be filed in the office of the Registrar of the Supreme
Court and a record thereof which shall be a record of the court shall be
entered in a book to be kept for that purpose in the said office Provided
that in the said book shall also be entered the place of birth age
profession trade or other occupation and then residence of the person
so naturalized.
See note to s. 5.
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FEES
14. Fees. The fees mentioned in the following schedule and no other
shall be payable (under this Act) in respect of the oath of allegiance:SCHEDULE
Oath of allegiance
Filing same
Copy of the record thereof under the seal of the Supreme
Court Office and hand of the Registrar
s. d.
1 0
1 0
2
6
See note to s. 5.
GENERAL PROVISIONS
15. Five years' residence. Compare 7 & 8 Vic. c. 66 s. 13. All
persons who shall have been naturalized or who shall have obtained
under due authority letters of denization before the passing of this Act
and who shall have resided in the said colony during five successive
years shall be deemed entitled to and shall enjoy all such rights and
capacities of British subjects within the said colony as may be conferred
on aliens by the provisions of this Act.
16. Existing rights. 7 & 8 Vic. c. 66 s. 14. Provided always that
nothing in this Act shall prejudice or be construed to prejudice
any rights or interests in law or in equity whether vested or contingent
under any will deed or settlement executed by any natural born subject
of Great Britain or Ireland before the passing of this Act or under any
descent or representation from or under any such natural born subject
who shall have died before the passing of this Act.
17. Saving rights of aliens. 7 & 8 Vic. c. 66 s. 15. Nothing herein
contained shall be construed so as to take away or diminish any
right privilege or capacity heretofore lawfully possessed by or belonging
to aliens residing in the said colony so far as relates to the possession
or enjoyment of any real or personal property but all such rights shall
continue to be enjoyed by such aliens in as full and ample a manner as
such rights were enjoyed before the passing of this Act.
18. English laws how far applicable. Provided always that all laws
and statutes of England affecting aliens so far as the same may be
inconsistent with the provisions of this Act shall be deemed taken and
adjudged not to extend to the said colony or to be in force within the
same.
For Imperial legislation, see Preliminary Note to this title, p. 521 ante.
COMMENCEMENT AND SHORT TITLE
19. Commencement of Act. Short title. This Act shall commence
on the thirty-first day of December one thousand eight hundred and
sixty-seven and may be referred to as the "Aliens Act of 1867".
SCHEDULE
[Section 5.]
I [A.B.] do sincerely promise and swear that I will be faithful and bear true
allegiance to Her Majesty Queen Victoria as lawful Sovereign of the United
Kingdom of Great Britain and Ireland and of the Colony of Queensland dependent
and belonging to the said United Kingdom and that I will defend Her to the
utmost of my power against all traitorous conspiracies and attempts whatsoever
which shall be made against Her person Crown and dignity and that I will do
my utmost endeavour to make known to Her Majesty Her heirs and successors
all treasons and traitorous conspiracies and attempts which I shall know to be
against Her or any of them. So help me God!