Immigration Restriction Act 1897 (WA)

Witztern Attotratta.

ANNO SEX AGESI MO PRIMO

VICTOR-1/E REGINS

ilt***et***etzto.** ilt* "O tatini tioit”ntt ai ot**se *

No. XIII.

AN ACT to place certain Restrictions on

Immigration.

[Assented to, isrd December, 497.]

HEREAS it is desirable to place certain restrictions on Immi- Preamble.

Wgration 13e it therefore enacted by the Queen's Most

Excellent Majesty, by and with the advice and consent of the Legislative Council, and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows :—

1. THIS Act may be cited as the ImmigrationRestriction Act, Short title.

189'7

2.      THIS Act shall not apply to

(a.) Any person possessed of a certificate in the form set out in the Schedule to this Act, and signed by the Colonial Secretary or the Agent General of Western. Australia, or any officer appointed by the Governor -for the purposes of this Act, whether in or out of Western Australia ;	Exemptiona.
(1).) Any person of a class for whose immigration into Western Australia provision has been made by law, or by a scheme approved by the Governor ;

61" V1CTORIZE, No. 13.

Immigration Restriction Act, 1897.

(c.) Any person specially exempted from the operation of this Act by a writing under the hand of the Colonial Secretary or any officer appointed in that behalf by the Governor ;

(d.) Her Majesty's land and sea forces ;

(e.) The officers and crew of any ship of war of any Govern-

ment ;

(1) Any person duly accredited to the Government of Western Australia by or under the authority of the Imperial or any other Government ;

(g.) Any person landed in Western Australia under the Imported Labour Registry Act for the time being in force, or any Act amending the same.

(It.) Persons returning to the Colony under certificates granted

under former Acts authorising such return.

Prohibited 3. THE immigration into Western Australia by land or sea of

immigrants. any person of any of the classes defined in the following sub-sections of this section, hereinafter called " prohibited immigrant," is pro- hibited, namely :-

(a.) Any person who, on being asked to do so by an officer appointed under this Act, shall fail to himself write out, in the presence of such officer, in the characters of any language of Europe, a passage in English of fifty words in length taken by such officer from a British author, and to append his name thereto in his own language ;

(b.) Any person being a pauper or likely to become a public

charge ;

(c.) Any idiot or insane person ;

(d.) Any person suffering from a loathsome or dangerous con-

tagious disease ;

(e.) Any person who has within three years been convicted of a felony or infamous crime, or a misdemeanour involving moral turpitude, and not being a mere political offence, and has not received a pardon therefor ; and

U.) Any prostitute and any person living on the prostitution

of others.

VICTORIA, No. 13.

Immigration Restriction Act, 1897.

4. EVERY prohibited immigrant making his way into or being 1=1, entry try of

found within Western Australia, in disregard of th is Act, Shall

not more than six months without hard labour : Provided that such imprisonment shall cease for the purpose of the offender being con- veyed out of the Colony, or if he shall find two approved sureties each in the sum of Fifty pounds for his leaving the Colony within one month.

be deemed to have contravened this Act, and shall be liable, immigrants.

in addition to any other penalty, to be removed from the

5. ANY person appearing to be a prohibited immigrant within Entry permitted on

the meaning of the Third Section of this Act, and not coming	certain conditions.
within the meaning of sub-sections (c.), (d.), (e.), or (f) thereof, shall be allowed to be in Western Australia upon the following conditions:

(a.) He shall, at landing iu or entering the Colony, deposit with an officer appointed under this Act the sum of One hundred pounds ;

(b.) If such person shall, within fourteen clays after entering the Colony, obtain from the Colonial Secretary, or person appointed under this Act, a certificate that he does not come within the prohibition of this Act, the deposit of One hundred pounds shall be returned ;

(c.) if such person shall fail to obtain such certificate within fourteen clays, the deposit of One hundred pounds may be forfeited, and lie may be treated as a prohibited immigrant:

Provided that, in the case of a person entering the Colony under this section, no penalty shall attach , to any vessel, or the owners of any vessel, in which lie shall have arrived at any port of the Colony.

6. EVERY person who shall satisfy the Colonial Secretary, Persons possessed of

or an officer appointed under this Act, that he does not come within	property in Western
the meaning of any of the sub-sections (c.), (d.), (e.), or (f) of the	Australia, or domi-oiled or lately domi-
Third Section of this Act, and	ciled there.

(a.) That he is and for the preceding two years has been the registered owner of an estate in fee simple in real estate of the value of Three hundred pounds in Western Australia ; or

(b.) That he is or has formerly been domiciled in Western Australia, and possesses a certificate of the Colonial Secretary or an officer appointed under this Act under which he is then authorised to return to the Colony;

shall not be deemed a prohibited immigrant.

61° VICTORLE No. 13.

Immigration Restriction Act, 1897.

Wives and children 7. THE wife and every minor child of any person not being a

of persons not pro-	prohibited immigrant, or forbidden to enter the Colony, shall be free
hibited from entering
Western Australia.	from ally prohibition imposed by this Act.

THE master and owners of any vessel from which any The vessel may be arrested and sold by order of the Supreme Court in satisfaction of ally such penalty, or may be refused a clearance outward until such penalty has been paid and until pro- vision has been made by the master or owners to the satisfaction of an officer appointed under this Act for the conveyance out of the Colony of each prohibited immigrant who has been so landed.

Liability of master 8.

and owners of ship

prohibited immigrant is landed shall be jointly and severally liable

for illegal landing of

immigrants.

to a penalty of not less than One hundred pounds, and not more than

Five hundred pounds for each prohibited immigrant so landed.

Disabilities of pro- 9. A PROHIBITED immigrant, unless allowed to enter the

hibited immigrants	Colony under the fifth section of this Act, shall not be entitled to a
who are not allowed
to enter.	license to carry on any trade or calling, nor be entitled to acquire a lease or any beneficial interest in laud, or to vote at any Parlia- mentary or municipal election or to be inscribed on any roll of the persons so entitled ; and any license, lease, beneficial interest, or franchise granted or acquired in contravention of this section shall be void.

AN officer thereto authorised by the Governor may vessel for the conveyance of any prohibited immigrant found in Western Australia to a port in or near to such immigrant's country of birth, or in or near to the place from which he set out for Western Australia ; and every such immigrant, with his personal effects, may be placed by a police officer on board such vessel, and shall, in such case, if destitute, be supplied with a sufficient sum of money to enable him to live for one month according to his circum- stances in life after disembarking from such vessel.

Contract for carry- 10.

ing away prohibited	make a contract with the master, owners, or agent of any
immigrants.

Offence of aiding 11. EVERY person who in any way wilfully assists any

persons to contra-	prohibited immigrant to contravene the provisions of this Act
vene the Act.	shall be deemed to have contravened this Act.

Offence of aiding 12. EVERY person who wilfully assists the entry into Western

P ersons described hi	Australia • of any prohibited immigrant of the class described in
s. 3 (,f.) to enter the
Colony.	sub-section (f.) of the Third Section of this Act shall be deemed to have contravened this Act, and shall, upon conviction, be liable to be imprisoned with hard labour for any period not exceeding twelve months ; but shall not be charged -under tins and under the last preceding section with the same offence.

61° VICTORLE No. 13.

Immigration Restriction Act, 1897.

13.

EVERY person who shall be wilfully instrumental in bring- ing into Western Australia any idiot or insane person, not being	Bringing idiots or
insane persons into
domiciled or a member of a family domiciled there, without an	the Colony.
authority signed by the Colonial Secretary, shall be deemed to have contravened this Act, and in addition to any other penalty shall be liable for the cost of the maintenance of such idiot or insane person while in the Colony.

EVERY member of the police force, and every person appointed therefor under this Act may, subject to the provisions of	Powers of police and
others to prevent
the Fifth Section of this Act, prevent any prohibited immigrant from	entry in contraven-
tion of the Act.
entering Western Australia by land or sea.

14.

15.

THE Governor may from time to time appoint, and from time to time suspend and remove officers for carrying out

Appointment of

officers for carrying

the provisions of this Act. and may prescribe the duties of such

ont the Act.

officers ; and such officers shall carry out the instructions from time to

time given by the Minister administering this Act.

16.

THE Governor may from time to time make, repeal, and alter regulations for carrying this Act into effect, and, in relation to persons brought into Western Australia for employment in the pearl shell fishery, regulating Regal oi

The registration of such persons ;

Their employment ;

Their landing and the length of time and the conditions

under which they may remain on shore ; and

generally

For preventing their entering on any portion of the Colony beyond the limits in this Act mentioned in that behalf ;

and such regulations shall be published in the Government Gazette, and shall be laid before the Parliament within fourteen clays after such

publication, if the Parliament is then sitting, and if the Parliament is

not then sitting, within fourteen days of its next meeting, and when so published shall • have the force of law, and shall continue in force unless repealed or altered as aforesaid, or disallowed by both Houses of Parliament.

17. WHERE 110 higher penalty is expressly imposed, a person Penal

convicted of any contravention of this Act shall be subject to a fine not exceeding Fifty pounds, and to be imprisoned, with or without hard labour, until such fine is paid, or in addition to such fine, but not in any case for a period exceeding three months.

or VICTORI2E, No. 13.

Immigration Restriction Act, 1897.

TWO Justices of the Peace in petty sessions or a Resident or Police Magistrate may adjudicate on all offences under this Act, except in cases involving pecuniary penalties exceeding One hundred pounds.

Jurisdiction of 18.

Magistrates.

Saving of Act 48 19. NOTHING in this Act contained shall affect the pro-

Viet., No. 25.

visions of the Imported Labour Registry Act, 1884, or any future Act

regulating the registration of imported labour ; or

And the Pond

(Save so far as regulations under this Act extend) any person brought into Western Australia for employment in the pearl shell fishery, and kept employed under contract in such fishery, or in temporary employment on shore and only on that part of the coast -of Western Australia situate to the Northward of the twenty-seventh parallel of South latitude and according and subject to the regulations made under this Act.

Fishery.

20.      SUB-SECTION five of Section five of the Chinese

Repeal	of	53	Viet.
Viet., 3,

sec. 5, sub-see. 5. Immigration Restriction Act, 1889, is hereby repealed.

In the name and on behalf of the Queen I hereby assent

to this Act.

GERARD SMITH, Governor.

61° VICTORIX, No. 13.

Immigration Restriction Act, 1897.

The Schedule.

Colony of Western Australia.

Tins is to certify that

of aged

a [insert trade, calling, or other description] is a fit and proper person to be

received as an immigrant in this Colony.

Dated at this day of 18 (Signature.)

By Authority: RICHARD PRTHRR, Government Printer, Perth.