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1901.] 1 Edwardi VII. [No.

No. 17 of 1901



A N A C T




To place certain restrictions on Immigration and to provide
for the removal from the Commonwealth of prohibited
Immigrants. [Assented to 23rd December 1901]








Be it enacted by the King’s Most Excellent Majesty the Senate
and the House of Representatives of the Commonwealth of
Australia as follows:—





3.  The immigration into the Commonwealth of the persons described in any of the following paragraphs of this section (herein-after called “prohibited immigrants”) is prohibited, namely:—

(a)  Any person who when asked to do so by an officer fails to
write out at dictation and sign in the presence of the
officer a passage of fifty words in length in an
European language directed by the officer;
(b) any


Prohibited immigrants.

See Natal Act 1897,


No. 1, s.3.
W.A. 1897, No. 13, s.2.


1 Edw. VII.] Immigration Restriction. [No. 2


(b)  any person likely in the opinion of the Minister or of
an officer to become a charge upon the public or upon any public or charitable institution ;

(c)  any idiot or insane person ;

(d)  any person suffering from an infectious or contagious disease of a loathsome or dangerous character ;

(e)  any person who has within three years been convicted of an offence, not being a mere political offence, and has been sentenced to imprisonment for one year or longer therefor, and has not received a pardon ;

(f)  any prostitute or person living on the prostitution of others ;



(g)  any persons under a contract or agreement to perform manual labour within the Commonwealth: Provided that this paragraph shall not apply to workmen exempted by the Minister for special skill required in Australia or to persons under contract or agreement to serve as part of the crew of a vessel engaged in the coasting trade in Australian waters if the rates of wages specified therein are not lower than the rates ruling in the Commonwealth.





But the following are excepted:—

(h)  Any person possessed of a certificate of exemption in force for the time being in the form in the Schedule, signed by the Minister or by any officer appointed under this Act whether within or without the Commonwealth ;



Exemptions.
Natal ib. s.2;

W.A. ib. s.2;

N.S.W. ib. s.2.



(k)  the master and crew of any other vessel landing during the stay of the vessel in any port in the Commonwealth: Provided that the master shall upon being so required by any officer, and before being permitted to clear out from or leave the port, muster the crew in the presence of an officer ; and if it is found that any person, who according to the vessel’s articles was one of the crew when she arrived at the port, and who would in the opinion of the officer be a prohibited immigrant but for the exception contained in this paragraph, is not present, then such person shall not be excepted by this paragraph, and until the contrary is proved shall be deemed to be a prohibited immigrant and to have entered the Commonwealth contrary to this Act ;

(l)  any person duly accredited to the Government of the Commonwealth by the Imperial or any other Government or sent by any Government on any special mission;

(m) a wife


See Vict. No. 1073 s. 8.

1 Edw. VII.] Immigration Restriction. [No. 3


(m)  a wife accompanying her husband if he is not a prohibited immigrant, and all children apparently under the age of eighteen years accompanying their father or mother if the father or mother is not a prohibited immigrant; but so that the exceptions in this paragraph shall not apply if suspended by proclamation; and such suspension may be of general application or limited to any cases or class of cases;




(n)  Any person who satisfies an officer that he has formerly been domiciled in the Commonwealth or in any colony which has become a State.


N.S.W. ib. s. 6.

(a)  He shall on entering the Commonwealth or on failing to comply with the requirements of that paragraph deposit with an officer the sum of One hundred pounds.

(b)  He shall within thirty days after depositing such sum obtain from the Minister a certificate of exemption in the form of the Schedule, or depart from the Commonwealth, and thereupon the deposit shall be returned; but otherwise the deposit or any part thereof may be forfeited and he may be treated as a prohibited immigrant offending against this Act.

Provided





1 Edw. VII.] Immigration Restriction. [No. 4


Provided that in the case of a person entering the Commonwealth from any vessel under this section no penalty shall attach to the vessel or its master owners or charterers.





7.  Every prohibited immigrant entering or found within the Commonwealth in contravention or evasion of this Act shall be guilty of an offence against this Act, and shall be liable upon summary conviction to imprisonment for not more than six months, and in addition to or substitution for such imprisonment shall be liable pursuant to any order of the Minister to be deported from the Commonwealth.

Provided that the imprisonment shall cease for the purpose of deportation, or if the offender finds two approved sureties each in the sum of Fifty pounds for his leaving the Commonwealth within one month.




Unlawful entry of prohibited immigrants.

See Natal ib. s. 4 ; W.A. ib. s. 4 ; N.S.W. ib. s. 4.


10.  (1)  The Minister, or any Collector of Customs specially empowered by him, may by writing under his hand authorize any officer to detain any vessel from which any prohibited immigrant has, in the opinion of the officer, entered the Commonwealth contrary to this Act; and the vessel may then be detained either at the place where she is found, or at any place to which the Minister or Collector may order her to be brought. The Minister or such Collector shall forthwith give notice to the owner or agent of the vessel of the detention of such vessel.

(2) For


Detention of vessel.

See Vict. No. 1073 s. 14.



1 Edw. VII.] Immigration Restriction. [No. 5


(2)  For the purposes of the detention and other lawful dealing with the vessel the officer so authorized shall be entitled to obtain such writ of assistance or other aid as is provided under any law relating to the Customs with respect to the seizure of vessels or goods.

Powers of detaining officer.

(3)  The detention shall be for safe custody only, and shall cease if a bond with two sufficient sureties to the satisfaction of the Minister or the collector be given by the master owners or charterers of the vessel for the payment of any penalty which may be adjudged under this Act to be paid for the offence or default.

Detention to cease if bond given.

14.  Every member of the police force of any State, and every officer, may with any necessary assistance prevent any prohibited immigrant, or person reasonably supposed to be a prohibited immigrant, from entering the Commonwealth, and may take all legal proceedings necessary for the enforcement of this Act.

15.  Subject


Powers to enforce Act.

See Natal ib. s. 14 ; W.A. ib. s. 14 ; N.S.W. ib. s. 11.



1 Edw. VII.] Immigration Restriction. [No. 6



15.  Subject to any Act relating to the public service, the Governor-General may appoint officers for carrying out this Act, and may prescribe their duties.


Appointment of officers.

See Natal ib. s. 15 ; W.A. ib. s. 15 ; N.S.W. ib. s. 15.



16.  (1)  The Governor-General may make regulations for carrying out this Act and for empowering officers to determine whether any person is a prohibited immigrant.

(2)  All such regulations shall be notified in the Gazette, and shall thereupon have the force of law.

(3)  All such regulations shall be laid before both Houses of the Parliament within thirty days after the making thereof if the Parliament be then sitting, and if not then within thirty days after the next meeting of the Parliament.


Regulations.

SCHEDULE.






1 Edw. VII.] Immigration Restriction. [No. 7


               SCHEDULE

Section 3.

_______
Commonwealth of Australia

_______


Immigration Restriction Act 1901.



This is to certify that of aged
years, a [insert trade, calling, or other description] is exempted for a period of from the date hereof from the provisions of the Immigration Restriction Act 1901.

Dated at this day of 1901.







Minister for External Affairs    

[or as the case may be].     







I hereby certify that the above is a fair print of the Bill intituled “An Act to place certain restrictions on Immigration and to provide for the removal from the Commonwealth of prohibited Immigrants,” which has been passed by the Senate and the House of Representatives, and that the said Bill originated in the House of Representatives.
[C. Gavan Duffy]

Clerk of the House of Representatives.




In the name and on behalf of His Majesty, I assent to this Act

[Hopetoun]

Governor-General.

[Government House]

[23rd December 1901]


______________________

Printed and Published for the Government of the Commonwealth of Australia by Robt. S. Brain

Government Printer for the State of Victoria



TRANSCRIPTION ENDS


Immigration Restriction Act 1901
Page of 7


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