Immigration Restriction Regulations (Provisional) (Cth)

STATUTORY RULES.

1910. No. 108.

 

PROVISIONAL REGULATIONS UNDER THE IMMIGRATION RESTRICTION ACT 1901-1910.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby certify that, on account of urgency, the following Regulations under the Immigration Restriction Act 1901-1910 should come into immediate operation, and make the Regulations to come into operation as Provisional Regulations forthwith.

Dated this 29th day of October, One thousand nine hundred and ten.

DUDLEY,

Governor-General.

By His Excellency’s Command,

E. I. BATCHELOR.

 

REGULATIONS UNDER THE IMMIGRATION RESTRICTION ACT 1901-1910.

Definition

1. In these Regulations “the Act” means the Immigration Restriction Act 1901-1910.

2. For the purpose of medical examination, an officer may detain, for a period not exceeding 24 hours, in such place and in such custody as he thinks fit, any person whom he reasonably supposes to be a prohibited immigrant within the meaning of paragraph (b), (c), or (d) of section 3 of the Act.

3. Any officer may, at any time, enter into or upon any vessel, other than a public vessel of any Government, and may search, or cause a search to be made, in every part of the vessel, for the purpose of determining whether any prohibited immigrant is on board.

4. Any immigrant, or person coming to Australia, who claims to be—

(a) possessed of a certificate of exemption;

(b) possessed of a certificate exempting from the dictation test;

(c) possessed of a certificate of naturalization, as defined in section 12b of the Act;

(d) possessed of a certificate of birth, as defined in section 12b of the Act; or

(e)duly accredited to the Government of the Commonwealth, by the Imperial, or any other Government, or sent by any Government on any special mission,

shall, when required by an officer, produce the certificate or his credentials, as the case may be.

5. Where any person, not being a British subject either natural born or naturalized under a law of the United Kingdom, or of the Commonwealth or a State, has been convicted of any crime of violence against the person and has, upon the expiration of any term of imprisonment

C. 16804.—Price 3d.

 imposed on him therefor, been required to pass the dictation test, and has failed to do so, an officer may detain him in such custody for such time as is, under all the circumstances, reasonably necessary to enable a de portation order to be made by the Minister.

Where the Minister has made an order for the deportation of any such person, an officer may detain him in such custody, and for such time as is reasonably necessary to enable him to be deported pursuant to the order, and may for that purpose convey him to any place of shipment and on board any ship.

6. (1) Any person desiring a certificate under section 4 (b) of the Act may make application therefor in the form in Schedule A, to the Collector of Customs for the State in which he resides, or to an officer authorized in that behalf by the Minister.

(2) The applicant shall furnish to the Collector, with his application, certificate of character by at least two reputable citizens of the Commonwealth, and four photographs of himself—two of his full face and two of his profile.

(3) The certificate shall contain all matters necessary in the opinion of the Collector for the identification of the holder, and may be in the form in Schedule B.

(4) The certificate shall be in duplicate, and one part shall be delivered to the applicant and the other part shall be retained.

(5) The fee for issue of the certificate shall be £1.

7. Every person shall answer all questions which are put to him by an officer, and which are, in the opinion of the officer, necessary for determining whether he or any other person is a prohibited immigrant.

8. Any person who refuses to answer any question lawfully put to him by an officer, or who knowingly makes a false statement, either in answer to any such question or in applying to an officer for any certificate under the Act or these Regulations, or in connexion with any certificate mentioned in the Act or these Regulations, shall be guilty of an offence against these Regulations.

9. Any person who, with intent to contravene or evade the Act, or these Regulations, or without just cause or excuse, transfers or delivers up to any other person any certificate or credentials referred to in the Act or in these Regulations shall be guilty of an offence against these Regulations.

10. Any person who, with intent to contravene or evade the Act, or these Regulations, or without just cause or excuse, has in his possession—

(a) a certificate of exemption which does not belong to him; or

(b)any certificate or credentials referred to in the Act or in these Regulations, and not belonging to him; or

(c) any such certificate or credential which is forged or false,

shall be guilty of an offence against these Regulations.

11. Any person who obstructs or hinders an officer in the carrying out of the Act or of these Regulations shall be guilty of an offence against these Regulations.

12. (1) The master of a vessel, other than a public vessel of a Government, arriving at any port in the Commonwealth, from parts beyond the Commonwealth, with any passengers on board for that port, shall, before making entry at the Customs, deliver to an officer a list of all the passengers for the port, specifying, to the best of his knowledge, the name, nationality, race, place of shipment, and calling or occupation of each of those passengers.

(2) The master and the medical officer (if any) of the vessel shall make and sign a statement in writing on the list stating, to the best of his knowledge or belief, as to each of the passengers, whether he or she is an idiot, or is insane or mentally defective, or is suffering from consumption or tuberculosis in any form, or is suffering from any infectious or contagious disease of a loathsome or dangerous character, or is subject to any physical disability or infirmity likely to cause him or her to become a charge upon the public or any charitable institution.

(3) The medical officer of a vessel who refuses or neglects to make and sign the statement required by this section, or who makes or signs any statement under this section which is incorrect in any material particular, shall be guilty of an offence against these Regulations.

13. The master of every vessel, other than a public vessel of any Government, arriving at a port in the Commonwealth from parts beyond the Commonwealth, shall, if required by an officer, deliver to an officer a list showing the number and names of the crew, and their nationality and race, and produce the vessel’s articles.

14. The master of every vessel shall afford to an officer every facility for performing his duties.

15. The master of a vessel who—

(a)refuses or neglects to afford all reasonable facilities to an officer for the performance of his duties; or

(b)refuses or neglects to deliver to an officer any list or certificate required by these Regulations; or

(c)delivers to an officer any list or statement which is incorrect in any material particular,

shall be guilty of an offence against these Regulations.

16. The approved sureties mentioned in section 7 of the Act shall be such sureties as are approved by the Minister or by a State Collector of Customs. The sureties shall enter into a bond, conditioned to become void if the immigrant leaves the Commonwealth within one month.

17. Any person who is guilty of an offence against these Regulations is, under section 18 of the Act, liable, upon summary conviction, to a penalty not exceeding £50, and, in default of payment, to imprisonment with or without hard labour for any period not exceeding three months.

18. The Regulations under the Immigration Restriction Act 1901-1905 (Statutory Rules 1906, No. 10; 1906, No. 70; and 1908, No. 85) are hereby repealed, save as to anything lawfully done thereunder, or as to any right, privilege, obligation, liability, or penalty, acquired, accrued, or incurred thereunder.

 

SCHEDULE “A.”

Commonwealth of Australia.

Immigration Restriction Act 1901-1910.

Sir,

I apply for a certificate under the Immigration Restriction Act 1901-1910, section 4 (b), and Regulations, and I forward herewith a Statutory Declaration in support of my application.

I wish to visit for months.

I attach certificates of my character, and four unmounted photographs of myself (two full face and two profile).

 

I undertake and intend not to bring with me or to introduce into the Commonwealth on my return to the Commonwealth any relative who is not possessed of an unexpired or unrevoked certificate, excepting him or her, from the provisions of paragraph (a) of section 3 of the above Act, and I also undertake and intend not to be directly or indirectly privy to the bringing to or introduction into the Commonwealth of any such relative.

If my application is granted, please intimate the fact to me at the above address.

Yours faithfully,

The Collector H.M. Customs.

Note.—The Statutory declaration should set out the length of residence in Australia, and should verify all documents accompanying the application, and should be in the form required by the law of the State in which it is made.

 

SCHEDULE “B.”

Commonwealth of Australia.

Immigration Restriction Act 1901-1910.

Certificate excepting a Person from being required to pass the Dictation

Test.

I, the Collector of Customs for the State of  in the said Commonwealth, hereby certify that  hereinafter described, who is leaving the Commonwealth temporarily, will be excepted from the provisions of paragraph (a)of section 3 of the Act if he returns to the Commonwealth within a period of from this date.

Date—

Collector of Customs.

Description.
Nationality—	Birthplace—
Age—	Complexion—
Height—	Hair—
Build—	Eyes—
Particular marks—

(For impression of hand see back of this document.)

Photographs.

Full face. Profile.

Date of departure—

Ship-

——

Date of return — Ship—

Port—

Customs Officer.

 

Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.