Emigration Act 1910

Legislation au C1910A00026 Not in force Act

Legislation content

 

EMIGRATION.

 

No. 26 of 1910.

An Act relating to the Emigration from Australia of Young Persons and Aboriginal Natives.

[Assented to 25th November, 1910.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Emigration Act 1910.

Definitions.

2. In this Act, unless the contrary intention appears—

“Aboriginal native” means an aboriginal native of Australia and includes any native having one aboriginal parent;

“Child” means a child under the age of eighteen years in the case of a female child, and sixteen years in the case of a male child;

“Guardian” includes any person (not being a parent of the child or aboriginal native) who has or assumes the actual custody or care of any child or aboriginal native;

“Officer” means any officer appointed under this Act or any officer of Customs or any member of the police force of a State;

“Prohibited emigrant” means any person whose emigration from Australia is prohibited by this Act.

Emigration of children and natives prohibited in certain cases.

3.—(1.) The emigration from, or taking out of, the Commonwealth, except in pursuance of a permit under this Act, of any of the following persons is prohibited—

(a) any child who is under contract to perform theatrical, operatic, or other work outside the Commonwealth;

(b) any child of European race or extraction unless in the care or charge of some adult person of European race or extraction; and

(c) any aboriginal native.

(2.) Any person who takes or attempts to take any child or aboriginal native out of the Commonwealth in contravention of this section shall be guilty of an offence against this section.

(3.) Proceedings for an offence against this section may be instituted for the summary conviction of the accused or for his commitment for trial on indictment.

(4.) A person convicted of an offence against this section shall be punishable as follows:—

(a) if convicted on indictment, by imprisonment not exceeding two years, or by a penalty not exceeding Two hundred pounds;

(b) if convicted by a court of summary jurisdiction, by imprisonment not exceeding six months, or by a penalty not exceeding One hundred pounds.

(5.) No permit shall be given under paragraphs (a) and (b) of sub-section (1.) of this section unless the Minister or authorized officer is satisfied that the child will not be subject to conditions liable to be detrimental to its welfare.

When child deemed to be under contract.

4. A child shall be deemed to be under contract to perform theatrical, operatic, or other work outside the Commonwealth if any agreement or arrangement exists between the child, or a parent or guardian of the child, and any other person, under which the child is to perform, or take part in the performance of, any theatrical, operatic, or other work outside the Commonwealth.

When aboriginal native deemed taken out of the Commonwealth.

5. A person shall be deemed to take an aboriginal native oat of the Commonwealth if—

(a) he enters into any agreement or arrangement with the aboriginal native, or with a parent or guardian of the aboriginal native, for the native to go or be placed on board any vessel or boat for any purpose whatsoever; and

(b) the aboriginal native goes or is placed thereon and is taken therein to any place outside the territorial limits of the Commonwealth.

Certain contract with child or aboriginal native to be tiled.

6.—(1.) Every contract with a child or aboriginal native, by the terms of which the child or aboriginal native is required to depart from Australia, shall be in writing; and unless—

(a) a copy of the contract is forthwith filed with the Minister, and, if he so requires, is verified on oath, and

(b) the Minister in writing approves of the contract,

the contract shall be absolutely void.

(2.) Every person who enters into any such contract with a child or aboriginal native, and does not forthwith file a copy of the contract with the Minister, and, if the Minister so requires, verify it on oath, shall be guilty of an offence.

Penalty: Twenty pounds.

Appointment of officers.

7. The Minister may, by writing under his hand, appoint any persons to be officers under this Act.

Grant of permits.

8.—(1.) Permits under this Act may be granted under and subject to the regulations by the Minister or, subject to the terms of the authority, by any person authorized by him.

(2.) The Minister may authorize any person to grant permits under this Act either generally or in any specified cases or class of cases.

Security by applicants for permits.

9. Before granting any permit the Minister or person authorized by him may require the applicant for the permit to give security by bond or otherwise, with one or more sureties, in such amount as the Minister or person authorized by him thinks fit, for the compliance by the applicant with such conditions as the Minister or person authorized by him thinks fit to impose.

Master, &c. of vessel to give notice of suspected prohibited emigrants.

10. The master, owner, or agent of any vessel who has reason to suspect that any passenger or intending passenger by the vessel for anyplace outside the Commonwealth is a, prohibited emigrant, shall, before the departure of the vessel, give notice in writing to the Collector or other principal officer of Customs at the port where the vessel is, stating the name of the passenger or intending passenger and his reason for suspecting that the passenger or intended passenger is a prohibited emigrant.

Penalty: Twenty pounds.


Powers of officers.

11.—(1.) Any officer who is an officer of Customs or an officer appointed under this Act may at any time search any vessel or boat in any port or in any territorial waters of the Commonwealth to ascertain whether there are any prohibited emigrants on board the vessel or boat, and for that purpose may board the vessel or boat and enter into any part of the vessel.

(2.) At the request of the officer the master or person in charge of the vessel or boat shall—

(a) facilitate the boarding of the vessel or boat by the officer;

(b) facilitate the searching of the vessel or boat by the officer;

(c) muster the passengers or crew or part of the passengers or crew of the vessel or boat for inspection by the officer; and

(d) render to the officer all assistance in his power in the removal of any prohibited emigrants from the vessel or boat.

Penalty: Fifty pounds.

Power of officer to ask questions.

12. An officer may ask any person, having or believed to have the charge or care of any child or aboriginal native on board any vessel or boat in any port or in any territorial waters of the Common wealth, any questions he thinks fit to ask concerning the child or aboriginal native, and the person shall to the best of his knowledge information and belief truly answer the questions asked him.

Penalty: Fifty pounds.

Power of officer to remove child or aboriginal native from vessel.

13.—(1.) Any officer may with any necessary assistance remove from any vessel or boat any child or aboriginal native who he has reasonable ground to believe is about to be taken out of the Commonwealth in contravention of this Act.

(2.) Any child removed from a vessel or boat in pursuance of this section shall be restored to the parents or guardian of the child, or delivered to the custody of the proper Commonwealth or State authority.

(3.) Any aboriginal native removed from a vessel or boat in pursuance of this section shall be dealt with as directed by the Minister or as prescribed.

Aiders and abettors.

14. Any person who aids, abets, counsels, or procures, or is in any way knowingly directly or indirectly concerned in or party to the commission of any offence against this Act, shall be deemed to have committed that offence and shall be punishable accordingly.

Proceedings for offences.

15. Proceedings for offences against this Act may be instituted by any officer or by any person authorized by the Minister to institute such proceedings.

Regulations.

16. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters and things which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Overview

The Emigration Act 1910 was enacted to address the issue of the emigration of young persons and Aboriginal natives from Australia under potentially exploitative or detrimental circumstances. This Act was passed by the Parliament of Australia and received royal assent on 25 November 1910. The primary objective of the Act was to prohibit the emigration of children and Aboriginal natives from Australia under certain conditions, such as when the child is under a contract to perform work outside the Commonwealth or when the Aboriginal native is taken out of the Commonwealth without proper authorization. The Act established stringent requirements for obtaining permits, mandated the registration of contracts, and empowered officers to search vessels and remove prohibited emigrants. It also imposed penalties for those who contravene the provisions of the Act, aiming to protect vulnerable individuals from being exploited or removed from the country under inappropriate circumstances.

Scope and Application

The Emigration Act 1910 applies to the emigration of children under the age of eighteen years for females and sixteen years for males, and Aboriginal natives from Australia, aiming to protect their welfare during emigration. This Act applies to any person who is not a parent or guardian of a child or Aboriginal native, and includes officers appointed under this Act or any officer of Customs or a member of the police force of a State. The Act applies nationally within the Commonwealth of Australia, but does not extend to the states and territories individually. There are no stated exclusions or exemptions within the Act, but the Minister or authorised officer can refuse a permit if they are not satisfied that the child will not be subject to conditions detrimental to their welfare. The Act may be extended or restricted through subordinate instruments such as regulations made by the Governor-General, which must not be inconsistent with the Act.

Key Provisions

The Emigration Act 1910 primarily focuses on regulating the emigration of children and Aboriginal natives from Australia. Under section 3, the Act prohibits the emigration of children under contract to perform theatrical, operatic, or other work outside Australia, children of European race or extraction who are not under the care or charge of an adult person of European race or extraction, and Aboriginal natives, except in cases where a permit has been obtained. Any person who contravenes this prohibition commits an offence and may be subject to penalties outlined in section 4, which includes imprisonment or fines. The Act imposes obligations on individuals and entities to ensure compliance with its provisions. Section 6 mandates that any contract with a child or Aboriginal native requiring their departure from Australia must be in writing and filed with the Minister. Failure to comply with this requirement results in the contract being void, as stated in section 6(2). Furthermore, section 10 requires the master, owner, or agent of any vessel to notify the Collector of Customs if they suspect a passenger to be a prohibited emigrant, with a penalty for non-compliance as stated in section 10. Section 14 of the Act addresses the involvement of others in offences against the Act, stating that anyone aiding, abetting, or knowingly participating in the commission of an offence is deemed to have committed the offence and is subject to the same penalties. Additionally, sections 11 to 13 grant officers the authority to search vessels, question individuals, and remove children or Aboriginal natives believed to be in contravention of the Act. These provisions are supported by penalties for non-compliance, such as the penalties specified in sections 10 and 11. The Act also outlines consequences for breaches of its provisions. Section 4 specifies that any person found guilty of contravening the emigration prohibitions may be punished by imprisonment or fines, depending on whether the offence is tried summarily or on indictment. Furthermore, section 6(2) imposes a penalty of Twenty Pounds for failure to file a copy of a contract with the Minister, and section 10 imposes a penalty of Twenty Pounds for failure to notify the Collector of Customs of a suspected prohibited emigrant.

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Act
Concepts
Definitions & Interpretation
Offence Provisions
Penalty Provisions
Reporting & Disclosure Obligations
Enforcement Powers

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.