Immigration Act 1912

Legislation au C1912A00038 Not in force Act

Legislation content

 

IMMIGRATION.

 

No. 38 of 1912.

An Act to amend the Immigration Restriction Act 1901–1910.

[Assented to 24th December, 1912.]

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 and citation.

1.—(1.) This Act may be cited as the Immigration Act 1912.

(2.) The Immigration Restriction Act 1901–1910 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Immigration Act 1901–1912.

Amendment of s. 2.

2. Section two of the Principal Act is amended by inserting in the definition of “officer”—

(a) after the word “Customs” the words “or of the Department of External Affairs,” and

(b) after the word “State” the words “or Territory being part of the Commonwealth.”


Amendment of s. 3.

3. Section three of the Principal Act is amended—

(i.) by omitting paragraphs (b), (c), (d), (e), and (f) and inserting the following paragraphs in their stead:—

“(b) any person not possessed of the prescribed certificate of health;

“(c) any idiot, imbecile, feeble-minded person, or epileptic;

“(d) any person suffering from a serious transmissible disease or defect;

“(e) any person suffering from pulmonary tuberculosis, trachoma, or with any loathsome or dangerous communicable disease, either general or local;

“(f) any person suffering from any other disease or mental or physical defect, which from its nature is, in the opinion of an officer, liable to render the person concerned a charge upon the public or upon any public or charitable institution;

“(g) any person suffering from any other disease, disability, or disqualification which is prescribed;

“(ga) any person who has been convicted of a crime and sentenced to imprisonment for one year or more unless five years have elapsed since the termination of the imprisonment;

“(gb) any person who has been convicted of any crime involving moral turpitude, but whose sentence has been suspended or shortened conditionally on his emigration, unless five years have elapsed since the expiration of the term for which he was sentenced;

“(gc) any prostitute, procurer, or person living on the prostitution of others;”

(ii.) by inserting in paragraph (h) after the words “certificate of exemption” the words “as prescribed”;

(iii.) by omitting from paragraph (h) the words “in the form in the Schedule, signed by the Minister or by any officer appointed under this Act, whether within or without the Commonwealth”; and

(iv.) by inserting at the end of paragraph (k)

Overview

The Immigration Act 1912, enacted by the Commonwealth Parliament, amends the Immigration Restriction Act 1901–1910 to refine and expand the criteria for immigration restrictions. This Act addresses the need for stricter health and character requirements for intending immigrants, aiming to protect the public health and social order of Australia. It introduces medical examinations and certificates of health, expands the categories of prohibited immigrants, and strengthens the enforcement mechanisms against immigration violations. The policy objective is to maintain the 'White Australia' policy while ensuring that immigrants do not pose a public health risk or a burden on the community.

Scope and Application

The Immigration Act 1912 amends the Immigration Restriction Act 1901–1910, broadening its scope and application to include stricter health and character requirements for prospective immigrants. The Act applies to individuals who seek to enter Australia and to the officers of the Commonwealth who enforce its provisions. These officers include those from the Department of External Affairs and state or territory authorities operating within the Commonwealth's jurisdiction. The Act imposes stringent health and moral criteria to determine eligibility for entry, covering physical and mental health conditions, criminal history, and other disqualifying factors. The geographic reach of this Act extends to all territories forming part of the Commonwealth and includes provisions for medical examinations and certification both domestically and internationally through the establishment of Commonwealth Medical Bureaux and the appointment of medical referees. The Act also allows for the issuance of certificates of health by ship's medical officers and imposes penalties for non-compliance, including fines and the prevention of entry into the Commonwealth. Subordinate regulations may further refine the application of the Act, but must not conflict with its provisions.

Key Provisions

  • The Immigration Act 1912 makes several key amendments to the Immigration Restriction Act 1901–1910. The Act expands the definition of "officer" in section 2 to include officers of the Department of External Affairs and of any State or Territory that is part of the Commonwealth. Section 3 of the Principal Act is amended to list specific grounds on which an immigrant may be deemed prohibited, including lack of a health certificate, mental or physical disabilities, communicable diseases, and criminal convictions. Section 3a establishes Commonwealth Medical Bureaux and authorises the Minister to appoint Chief Medical Officers and other medical personnel. Section 3b allows the Minister to appoint medical referees who will examine intending immigrants and issue health certificates. Sections 3d to 3i set out the process for medical examinations, issuance of health certificates, and penalties for failure to comply with these requirements. Section 5 is amended to clarify the admissibility of evidence in prosecutions and deem certain immigrants prohibited if found to have specified diseases or disabilities within three years of entry. Section 16 allows the Governor-General to make regulations necessary to carry out the Act.
  • The Act imposes various obligations on intending immigrants, ship masters, and medical personnel. Immigrants must obtain a health certificate from a medical referee or ship’s medical officer before departure and present it upon arrival. Masters must report cases where health certificates were issued and certify that all immigrants were examined during the voyage. Medical referees and ship’s medical officers have specific duties in examining immigrants and issuing health certificates. The Minister may prevent immigrants from entering if deemed unfit.
  • Breaches of the Act may result in civil or criminal penalties. For example, ship masters face fines for failing to report health certificates or certify examinations. Immigrants arriving without health certificates may be examined and detained. The Minister can prevent entry to the Commonwealth for non-compliance. Other penalties include fines for failing to comply with regulations and provide necessary certificates. The Act does not specify maximum penalties beyond the fines mentioned.

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Act
Concepts
Definitions & Interpretation
Offence Provisions
Licensing & Registration
Enforcement Powers
Regulatory Standards
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.