Immigration Restriction Act 1898 (NSW)

Act No. 3, 1898.

An Act to place certain restrictions on immigra- tion ; to provide for the removal from the Colony of prohibited immigrants ; to impose certain disabilities npon them whilst in the Colony; and for other purposes incidental to, or consequent npon, the before-mentioned objects. [3rd August, 1898.]

by the Governor in the Gazette.

WHEREAS it is desirable to place certain restrictions on immigra-Majesty, by and with the advice and consent of the Legislative Council tion : Be it therefore enacted by the Queen's Most Excellent

and Legislative Assembly of New South Wales in Parliament assembled,

and by the authority of the same, as follows :—

1. This Act may be cited as the "Immigration Restriction Act,
1898," and shall take effect on and after the expiration of three months
from the day when the fact of Her Majesty's assent has been proclaimed

2. This Act shall not apply to—

(a)	any person possessed of a certificate in the form set out in the Schedule A to this Act annexed, and signed by the Colonial Secretary, or the Agent-General of New South Wales, or any officer appointed by the Governor for the purposes of this Act, whether in or out of New South Wales ;
(b)	any person of a class for whose immigration into New South Wales provision is made by law or by a scheme approved b y the Governor ;
(c)	any person specially exempted from the operation of this Act by a writing under the hand of the Colonial Secretary ;

(d) H e r Majesty's land and sea forces ;

(e) the officers and crew of any ship of war of any Governmen t ;

(f)	the officers and crew of any other vessel landing, during the stay of such vessel, in any port of New South Wales ;
(g)	any person duly accredited to New South Wales by or under the author i ty of the Imperial or any other Government.

3. The immigration into New South Wales, by land or sea, of any person of the class defined in the following subsection hereinafter called " prohibited immigrant ," is prohibited, namely—

any person who, when asked to do so by an officer appointed under this Act, shall fail to write out in his own handwrit ing in some European language, and sign an application to the Colonial Secretary in the form set out in Schedule B of this Act, or in a form of a similar purpor t proclaimed from t ime to t ime by the Governor in subst i tut ion of the form set out in such Schedule.

4. Any prohibited immigrant making his way into, or being found within, New South Wales, in disregard of the provisions of this Act, shall be deemed to have contravened this Act, and shall be liable, in addit ion to any other penal ty, t o be removed from the Colony, and upon con­ viction may be sentenced to imprisonment not exceeding six months

the purpose of deportat ion of the offender, or if he shall find two approved	without hard labour : Provided tha t such imprisonment shall cease for
sureties, each in the sum of fifty pounds sterling, t h a t he will leave t he Colony within one month .
5. Any person appearing to be a prohibited immigrant within t h e meaning of section three of this Act shall be allowed to enter New South Wales upon the following conditions :—

(a)	He shall, before landing, deposit with an officer appointed under this Act t he sum of one hundred pounds sterling.
(b)	If such person shall, within one week after entering New South Wales, obtain from the Colonial Secretary, or a st ipendiary or police magistrate , a certificate t h a t he does not come within the prohibition of this Act, the deposit of one hundred pounds
sterling shall be returned. (c)

(c)	If such person shall fail to obtain such certificate within one week, the deposit of one hundred pounds sterling may be
forfeited, and he may be t rea ted as a prohibited i m m i g r a n t :

Provided tha t , in the case of any person entering New South Wales under this section, no liability shall a t tach to the vessel or t o the owners of the vessel in which he may have arrived a t any port in the Colony.

6. Any person who shall satisfy an officer appointed under this Act t h a t he has been formerly domiciled in New South Wales shall no t be regarded as a prohibited immigrant .

7. The wife and any minor child of a person not being a pro­
hibited immigrant shall be free from any prohibition imposed by this Act.
8. The masters and owners of any vessel from which any pro­
hibited immigrant may be landed before such immigrant is passed by
an officer appointed for t h a t purpose by the Government shall be jointly
and severally liable to a penal ty of one hundred pounds in respect of
t he landing as aforesaid from his vessel of any prohibited immigrant ,
and to a further penal ty of twen ty pounds for each such immigrant so
landed in excess of the number of five : Provided t h a t the to ta l amount
of penalties incurred in any one voyage of the vessel shall not exceed
five thousand pounds, and the vessel may be made executable by a
decree of the Supreme Court in satisfaction of any such penal ty, and the
vessel may be refused a clearance outwards until such penal ty has been
paid, and unti l provision has been made by the master to the satisfaction

of an officer appointed under this Act for the conveyance out of the

Colony of each prohibited immigrant who may have been so landed.

9. A prohibited immigrant shall not be entitled to a license to carry on any t rade or calling, nor shall he be entitled to acquire land in leasehold, freehold, or otherwise, or t o exercise any Par l iamentary or municipal franchise, and any license or franchise r ight which may have been acquired in contravention of this Act shall be void.

10. Any person who shall in any way wilfully assist any pro­

hibited immigrant to contravene the provisions of this Act shall be
deemed to have contravened this Act.

11. Any member of the police force or other officer appointed therefor under this Act, may, subject to the provisions of section five, prevent any prohibited immigrant from entering New South Wales by land or sea.

12. The Governor may from t ime to t ime appoint , and a t pleasure remove, officers for the purpose of carrying out the provisions of this Act, and may define the duties of such officers, and such officers shall car ry out the instructions from t ime to t ime given to t h e m by the Ministerial head of their Depar tment .

13. The Governor m a y make regulations for the bet ter carrying out of the provisions of the Act. 14.

14. The penalty for any contravention of this Act, or of any i

regulation made thereunder where no higher penalty is expressly imposed shall not exceed a fine of fifty pounds sterling, or imprisonment, with or without hard labour, until payment of such fine or in addition to such fine, but not exceeding in any case three months.
15. All contraventions of this Act or of regulations thereunder j pounds sterling shall be cognizable by any court of summary jurisdiction.

and suits for penalties or other moneys not exceeding one hundredc.

SCHEDULE A.

Colony of New South Wales.

This is to certify that of aged by trade or calling

a	is a fit and proper person to be received as an immigrant in New South
Wales.

Dated at this day of

(Signature)

SCHEDULE B.

To the Colonial Secretary,

Slr>

I claim to be exempt from the operation of the Immigration Restriction

Act, 1898.

My full name is

My place of abode for the past twelve months has been

My business or calling is

I was born at in the year

Yours, &c,