EMIGRATION.
No.
26 of 1910.
An Act relating to the Emigration
from Australia of Young Persons and Aboriginal Natives.
[Assented
to 25th November, 1910.]
BE it
enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives
of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the Emigration Act
1910.
Definitions.
2.In this Act, unless the
contrary intention appears—
“Aboriginal
native” means an aboriginal native of Australia and includes any native having
one aboriginal parent;
“Child”
means a child under the age of eighteen years in the case of a female child,
and sixteen years in the case of a male child;
“Guardian”
includes any person (not being a parent of the child or aboriginal native) who
has or assumes the actual custody or care of any child or aboriginal native;
“Officer”
means any officer appointed under this Act or any officer of Customs or any
member of the police force of a State;
“Prohibited
emigrant” means any person whose emigration from Australia is prohibited by
this Act.
Emigration of children and
natives prohibited in certain cases.
3.—(1.) The emigration from, or taking out of, the
Commonwealth, except in pursuance of a permit under this Act, of any of the
following persons is prohibited—
(a)any child
who is under contract to perform theatrical, operatic, or other work outside
the Commonwealth;
(b) any child of European race
or extraction unless in the care or charge of some adult person of European
race or extraction; and
(c) any aboriginal native.
(2.) Any person who takes or attempts to take any
child or aboriginal native out of the Commonwealth in contravention of this
section shall be guilty of an offence against this section.
(3.) Proceedings for an offence against this
section may be instituted for the summary conviction of the accused or for his
commitment for trial on indictment.
(4.) A person convicted of an offence against this
section shall be punishable as follows:—
(a) if convicted on
indictment, by imprisonment not exceeding two years, or by a penalty not
exceeding Two hundred pounds;
(b) if convicted by a court of
summary jurisdiction, by imprisonment not exceeding six months, or by a penalty
not exceeding One hundred pounds.
(5.) No permit shall be given under paragraphs (a) and (b)of
sub-section (1.) of this section unless the Minister or authorized officer is
satisfied that the child will not be subject to conditions liable to be
detrimental to its welfare.
When child deemed to be
under contract.
4. A child shall be deemed to be under contract
to perform theatrical, operatic, or other work outside the Commonwealth if any
agreement or arrangement exists between the child, or a parent or guardian of
the child, and any other person, under which the child is to perform, or take
part in the performance of, any theatrical, operatic, or other work outside the
Commonwealth.
When aboriginal native
deemed taken out of the Commonwealth.
5.A person shall be deemed
to take an aboriginal native oat of the Commonwealth if—
(a)
he enters into any agreement or arrangement with the aboriginal native, or with
a parent or guardian of the aboriginal native, for the native to go or be
placed on board any vessel or boat for any purpose whatsoever; and
(b)
the aboriginal native goes or is placed thereon and is taken therein to any
place outside the territorial limits of the Commonwealth.
Certain contract with
child or aboriginal native to be tiled.
6.—(1.) Every contract with a child or aboriginal
native, by the terms of which the child or aboriginal native is required to
depart from Australia, shall be in writing; and unless—
(a) a copy of the contract is forthwith
filed with the Minister, and, if he so requires, is verified on oath, and
(b) the Minister in writing
approves of the contract,
the
contract shall be absolutely void.
(2.) Every person who enters into any such contract
with a child or aboriginal native, and does not forthwith file a copy of the
contract with the Minister, and, if the Minister so requires, verify it on
oath, shall be guilty of an offence.
Penalty:
Twenty pounds.
Appointment of officers.
7.The Minister may, by
writing under his hand, appoint any persons to be officers under this Act.
Grant of permits.
8.—(1.) Permits under this Act may be granted under
and subject to the regulations by the Minister or, subject to the terms of the
authority, by any person authorized by him.
(2.) The Minister may authorize any person to grant
permits under this Act either generally or in any specified cases or class of
cases.
Security by applicants for
permits.
9. Before granting any permit the Minister or
person authorized by him may require the applicant for the permit to give
security by bond or otherwise, with one or more sureties, in such amount as the
Minister or person authorized by him thinks fit, for the compliance by the
applicant with such conditions as the Minister or person authorized by him
thinks fit to impose.
Master, &c. of vessel
to give notice of suspected prohibited emigrants.
10. The master, owner, or agent of any vessel who
has reason to suspect that any passenger or intending passenger by the vessel
for anyplace outside the Commonwealth is a, prohibited emigrant, shall, before
the departure of the vessel, give notice in writing to the Collector or other
principal officer of Customs at the port where the vessel is, stating the name
of the passenger or intending passenger and his reason for suspecting that the
passenger or intended passenger is a prohibited emigrant.
Penalty:
Twenty pounds.
Powers of officers.
11.—(1.) Any officer who is an officer of Customs or
an officer appointed under this Act may at any time search any vessel or boat
in any port or in any territorial waters of the Commonwealth to ascertain
whether there are any prohibited emigrants on board the vessel or boat, and for
that purpose may board the vessel or boat and enter into any part of the
vessel.
(2.) At the request of the officer the master or
person in charge of the vessel or boat shall—
(a)
facilitate the boarding of the vessel or boat by the officer;
(b)
facilitate the searching of the vessel or boat by the officer;
(c)
muster the passengers or crew or part of the passengers or crew of the vessel
or boat for inspection by the officer; and
(d)
render to the officer all assistance in his power in the removal of any
prohibited emigrants from the vessel or boat.
Penalty:
Fifty pounds.
Power of officer to ask
questions.
12.An officer may ask any
person, having or believed to have the charge or care of any child or
aboriginal native on board any vessel or boat in any port or in any territorial
waters of the Common wealth, any questions he thinks fit to ask concerning the
child or aboriginal native, and the person shall to the best of his knowledge
information and belief truly answer the questions asked him.
Penalty:
Fifty pounds.
Power of officer to remove
child or aboriginal native from vessel.
13.—(1.) Any officer may with any necessary assistance
remove from any vessel or boat any child or aboriginal native who he has
reasonable ground to believe is about to be taken out of the Commonwealth in
contravention of this Act.
(2.) Any child removed from a vessel or boat in
pursuance of this section shall be restored to the parents or guardian of the
child, or delivered to the custody of the proper Commonwealth or State
authority.
(3.) Any aboriginal native removed from a vessel or
boat in pursuance of this section shall be dealt with as directed by the
Minister or as prescribed.
Aiders and abettors.
14.Any person who aids,
abets, counsels, or procures, or is in any way knowingly directly or indirectly
concerned in or party to the commission of any offence against this Act, shall
be deemed to have committed that offence and shall be punishable accordingly.
Proceedings for offences.
15.Proceedings for offences
against this Act may be instituted by any officer or by any person authorized
by the Minister to institute such proceedings.
Regulations.
16.