Immigration Restriction Regulations (Provisional) (Cth)

STATUTORY RULES.

1906. No. 10.

 

PROVISIONAL REGULATIONS UNDER THE IMMIGRATION RESTRICTION ACTS 1901–1905.

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 Acts 1901–1905 should come into immediate operation, and make the Regulations to come into operation as Provisional Regulations forthwith after the commencement of the Immigration Restriction Amendment Act 1905.

Dated this 23rd day of January, One thousand nine hundred and six.

NORTHCOTE,

Governor-General.

By His Excellency’s Command,

ALFRED DEAKIN.

 

Regulations under the Immigration Restriction Acts 1901–1905.

Definition.

1. In these Regulations “the Act” means the Immigration Restriction Act 1901, as amended by the Immigration Restriction Amendment Act 1905, and by the Contract Immigrants Act 1905.

Powers and Duties of Officers.

2. Except as provided in section 6 of the Act, an officer shall not allow a prohibited immigrant to enter the Commonwealth.

3. For the purpose of medical examination, an officer may detain for a period not exceeding twenty-four 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 (c) or (d) of section 3 of the Act.

4. 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.

5. Any person who claims to be excepted from the Act, as being—

(a) possessed of a certificate of exemption; or

(b)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.

Certificate Excepting from the Dictation Test.

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, certificates 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 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 £ 2.

Offences.

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 such certificate, 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.

Duties of Masters.

11. The master of every vessel, other than a public vessel of any 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 such passengers, specifying, to the best of his knowledge, the name, the nationality and race, the place of shipment, and the calling and occupation of each such passenger; and he shall, if required by the officer, certify in writing that, to the best of his knowledge and belief, none of the passengers in the list (except as therein stated) is an idiot or insane person, or a person suffering from an infectious or contagious disease of a loathsome or dangerous character, or a person likely by reason of any physical disability to become a charge upon the public or upon any public or charitable institution.

12. 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.

13. The master of every vessel shall afford to an officer every facility for performing his duties and shall answer all questions which are put to him by the officer, and which are, in the opinion of the officer, necessary for determining whether any person is a prohibited immigrant. And no person shall obstruct or hinder an officer in the carrying out of the Act or of these Regulations.

 

14. 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.

Repeal.

15. All Regulations made under the Immigration Restriction Act 1901 before the making of these Regulations are hereby repealed, save as to anything lawfully done or any right, privilege, obligation, liability, or penalty acquired, accrued, or incurred thereunder.

Note.—A person guilty of any 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.

 

Schedule “A.”

Commonwealth of Australia.

Immigration Restriction Acts 1901–1905.

   

Sir,

I beg to apply for a certificate under the Immigration Restriction Acts 1901–1905, 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 photographs of myself (two full face and two profile).

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

I have the honour to be,

Sir,

Your obedient servant,

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 Acts 1901–1905.

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 Destination

Ship

 

Date of Return Ship

Port

Customs Officer.

 

By Authority: J. Kemp, Acting Government Printer, Melbourne.