Influx of Chinese Restriction Act of 1881 No 23a (NSW)

No. XI.

A n Act to restrict the Influx of Chinese into

New South Wales. [6th December, 1881.]

WH E R E A S it is expedient to regulate and restrict the Immigra­therefore enacted by the Queen's Mos t Excel lent Majes ty b y and with tion and Introduction of Chinese into N e w South Wales Be it

the advice and consent o f the Legislat ive Counci l and Legislative Assembly of N e w South Wales in Parliament assembled and by the authority of the same as follows :—

1. For the purposes of this A c t the fol lowing words in inverted commas shall unless the context otherwise indicate bear the meanings set against them respectively : —

" Ch inese"—Any person of the Chinese race.

" Vessel " — A n y ship or vessel o f whatsoever kind or description.

" M a s t e r " — T h e person (other than a pilot) for the time being in

actual command or charge of any vessel.

2. The master of every vessel upon arrival at any port or place

in this Colony from parts beyond the Colony having Chinese on board shall before making any entry at the Customs deliver to the Collector

or other principal officer of Customs a list of such Chinese specifying

to the best of his knowledge the name the place of birth the apparent age the ordinary place of residence the place and date of shipment and the calling or occupation o f each such Chinese under a penalty for not delivering such list not exceeding two hundred pounds.

3. I f any vessel having on board a greater number of Chinese

than in the proportion of one Chinese to every hundred tons of the
tonnage of such vessel shall arrive at any t ime in any port in this

Colony the owner master or charterer of such vessel shall be liable on convict ion to a penalty o f one hundred pounds for each Chinese carried

in excess of the foregoing limitation unless the defendant shall show
that the Chinese so carried is a British subject or one of the crew or

has not been landed in the Colony and is not intended to be so landed For the purposes of this A c t the tonnage of a vessel shall be ascertained

master or his agent or before such list shall have been delivered such master

(if she be a British ship) b y her certificate of registry and if not or if

the said certificate shall not be produced then according to the rules of measurement prescribed b y the " Merchant Shipping A c t 1854" being the A c t of the Imperial Legislature seventeenth and eighteenth Victoria chapter one hundred and four.

4 . Before any Chinese arriving f rom parts beyond this Colony

shall be permitted to land from any vessel at any port or place in the said Colony and before making any entry at the Customs the master of the vessel by which such Chinese shall so arrive shall pay to the said

Collector or other principal officer the sum of ten pounds for every
such Chinese and no entry shall be deemed to have any legal effect

until such payment shall have been made and such Chinese for w h o m

such sum has been paid shall receive f rom the said Collector or other principal officer a certificate to that effect A n d if any master shall neglect to pay any such sum or shall land or permit to land or suffer to land or to escape f rom such vessel at any port or place in the said

Colony any Chinese before such sum shall have been paid by such

master shall he liable for every such offence to a penalty of fifty pounds
for each Chinese so landed or permitted or suffered to land or to escape
and in addition to such penalty shall also pay the sum hereby required
to be paid for each such Chinese.

5. Every Chinese arriving in this Colony after the passing of this A c t otherwise than by a vessel shall pay or there shall be paid for him to some officer w h o m and at such places as the Governor with the advice aforesaid may appoint at on or near the borders of the Colony or otherwise conveniently situated for that purpose the sum of ten pounds.

6. I f any Chinese shall enter or attempt to enter this Colony w h o shall not have paid or had paid for h im the said sum of ten
pounds he shall be liable to a penalty of ten pounds and to the payment in addition thereto of the said sum of ten pounds required to be paid
b y section four hereof and on default of payment either of such penalty or sum shall be liable to imprisonment for twelve months unless such
penalty and sum be sooner paid and may be apprebended and taken
before any Justice of the Peace to be dealt with in due course of law.
7. A l l penalties and all moneys ordered to be paid or being the proceeds of any sale made under the authority of this A c t shall be paid into the Consolidated Revenue .
8. For the purposes of all proceedings under this A c t the
Justices may decide upon their own view and judgment whether any
person produced before them is a Chinese within the meaning of this A c t .
9. I t shall be lawful for the Colonial Treasurer or any person
authorized by him upon the application of any Chinese and upon being
satisfied that such Chinese was at the passing of this A c t a bond fide
resident of this Colony and that lie desires to be absent therefrom for
a temporary purpose only to grant to such Chinese a certificate that he

is exempt f rom the provisions of this A c t for a time to be specified in

such certificate.
10. Notwithstanding anything in this A c t contained any Chinese arriving in the Colony who produces evidence to the Collector of Customs or other duly authorized officer that he is a British subject shall be whol ly exempt from the operation of this A c t and a certificate of the Governor of any British Colony or of a British Consul shall be sufficient evidence of the claim of such Chinese to exemption under
this section.
11 . The provisions of this A c t shall not be applicable to any

Chinese duly accredited to this Colony by the Government of China or

b y or under the authority of the Imperial Government on any special
mission.

12. The penalties and restrictions imposed b y this A c t shall

not nor shall any of them be held to be applicable in respect of any Chinese being one of the crew of any vessel arriving in any port in

N e w South Wales and who shall not be discharged therefrom or land
except in the performance of his duties in connection with such vessel.
13. A l l penalties and sums of money recoverable under this A c t
shall be recovered in a summary way at the suit of some officer of
Customs authorized by the Colonial Treasurer before any two or more
Justices of the Peace in accordance with the provisions of the A c t s
regulating proceedings on summary convict ion A n d it shall be lawful

for the Colonial Treasurer b y writing under his hand to authorize any officer to detain any vessel the master whereof shall in the opinion of

the said Treasurer have committed an offence or be a defaulter under this A c t Such detention may be either at the port or place where such vessel is found or at any port or place to which the said Treasurer may order such vessel to be brought For the purposes of such detention the officer so authorized shall be entitled to obtain in the customary manner such writ of assistance or other aid and assistance in and about

the

the detention o f or other lawful dealing with such vessel as are b y law provided under the A c t or A c t s regulating the Customs with reference to seizure of vessels or goods But such detention shall be for safe custody only and shall cease and be discontinued if a bond with two sufficient sureties be given by such master for the payment of the amount

of such penalty and other sums as may be adjudged to be paid under

the provisions of this A c t Provided that if default be made in payment

of any such penalty incurred b y such master in terms of any convict ion

adjudging the payment thereof it shall be lawful for such officer to seize such vessel and for h im and any other officer or person duly authorized or empowered in that behalf to take all such proceedings for the purpose of procuring the condemnation and sale of such vessel as are provided by law in case o f condemnation or forfeiture of a vessel for a breach o f the Customs Laws of the said Colony Provided that the proceeds of sale of any such vessel shall be paid into the Consolidated Revenue and after payment of the amount of such j>enalty and o f all costs incurred in and about such sale and the proceedings leading thereto the balance shall be placed b y the Colonial Treasurer to a trust account and be held in trust for the owners of or other persons lawfully entitled to the vessel so condemned and sold.

14. A n y vessel on board which Chinese shall be transhipped

f rom another vessel and be brought to any port or place in this Colony

shall be deemed to be a vessel br inging Chinese into the said Colony

f rom parts beyond the said Colony and shall be subject to the provisions

of this A c t .

15. This A c t may be cited as the " Influx of Chinese Restric­

t ion A c t of 1 8 8 1 . "