Aliens Deportation Act 1948 Explained

Legislature:Parliament of Australia
Long Title:An Act to provide for the Deportation of certain Aliens.
Enacted By:Australian House of Representatives
Introduced By:Arthur Calwell
Royal Assent:21 December 1948
Date Repealed:1 June 1959
Repealed By:Migration Act 1958
Status:Repealed

The Aliens Deportation Act 1948 (Cth) was an Act of the Parliament of Australia which formed part of the White Australia policy.[1] The Act gave the government sweeping powers to deport aliens.

Background

Minister for Immigration Arthur Calwell, who introduced the Act, explained the Act targeted "those aliens whose character and conduct are such that they should not be allowed to continue to reside here, but whose deportation cannot be effected at present because of the limitations upon the Commonwealth’s immigration powers".[2] Despite criticism in parliament about its broad powers, the Act commenced 18 January 1949.[3]

Legacy

Shortly after coming into force, the Act was put into question by O'Keefe v Calwell (1948), which ruled in favour of Annie O’Keefe, an Indonesian wartime evacuee who had been issued a deportation order. After this defeat, Calwell sought legislation to close the loophole, leading to the War-time Refugees Removal Act 1949.[4]

Notes and References

  1. Web site: Aliens Deportation Act 1948 . 29 January 2020 . Federal Register of Legislation . . en.
  2. Web site: Senate, Debates, 2 December 1948 :: Historic Hansard. historichansard.net. en. 2020-01-31.
  3. Web site: Immigration control and deportation. press-files.anu.edu.au. 2020-01-29.
  4. News: How one refugee signalled the end of the White Australia policy Paul Power. Power. Paul. 2014-03-18. The Guardian. 2020-01-29. en-GB. 0261-3077.