Immigration Act 1920

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IMMIGRATION.

No. 51 of 1920.

An Act to amend the Immigration Act 1901-1912.

[Assented to 2nd December, 1920.]

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 and citation.

1.—(1.) This Act may be cited as the Immigration Act 1920.

(2.) The Immigration Act 1901-1912 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Immigration Act 1901-1920.

Amendment of s. 2.

2. Section two of the Principal Act is amended—

(a) by omitting the words “Department of External Affairs,” and inserting in their stead the words “Home and Territories Department”; and

(b) by omitting the definition of “the Minister.”

Prohibited immigrants.

3. Section three of the Principal Act is amended—

(a) by omitting paragraph (c) and inserting in its stead the following paragraph:—

“(c) any idiot, imbecile, feeble-minded person, epileptic, person suffering from dementia, insane person, person who has been insane within five years previously, or person who has had two or more attacks of insanity;”;

and

(b) by inserting after paragraph (gc) the following paragraphs:—

“(gd) any person who advocates the overthrow by force or violence of the established government of the Commonwealth or of any State or of any other civilized country, or of all forms of law, or who advocates the abolition of organized government, or who advocates the assassination of public officials or who advocates or teaches the unlawful destruction of property, or who is a member of or affiliated with any organization which entertains and teaches any of the doctrines and practices specified in this paragraph;

“(ge) for the period of five years after the commencement of this paragraph, and thereafter until the Governor-General by proclamation otherwise determines, any person who in the opinion of an officer is of German, Austro-German, Bulgarian or Hungarian parentage and nationality, or is a Turk of Ottoman race;

“(gf) any person who in the opinion of an officer is not under the age of sixteen years, and who, on demand by an officer, fails to prove that he is the holder of a passport—

(i) which was issued to him by and on behalf of the Imperial Government or any Government recognised by the Imperial Government;

(ii) which contains a personal description sufficient to identify him and to which is attached a photograph of him; and

(iii) which is still in force; and

“(gg) any person who has been deported in pursuance of any Act;”.

Certificates of exemption.

4. Section four of the Principal Act is amended by adding at the end of the proviso the following words:—

“but the owner owners agents or charterers of the vessel may, at any time within three years after the person entered the Commonwealth, be required, by notice in writing given by an officer, to provide a passage for him from the Commonwealth to the place whence he came, and in default of compliance with that requirement shall be guilty of an offence.

Penalty: One hundred pounds.”.

5. After section four a of the Principal Act the following section is inserted:—

Exemption from passport provision in case of countries with which arrangement in force.

“4aa. If the Minister notifies, by notice in the Gazette, that an arrangement has been made with the Government of any country under which persons who are British subjects or subjects or citizens of that country, are not, when proceeding from that country to the Commonwealth, or from the Commonwealth to that country, required to be in possession of passports, persons who are British subjects or subjects or citizens of that country shall not be subject to the prohibition contained in paragraph (gf) of section three of this Act.”.

Immigrants evading the officers or found within the Commonwealth.

6. Section five of the Principal Act is amended—

(a) by inserting in sub-section (1.), after the word “stationed”, the words “or who obtains entrance or re-entrance into the Commonwealth by means of any certificate credentials or identification card which was not issued to him, or is forged, or has been obtained by false representations”;

(b) by omitting from sub-sections (2.) and (3.) the word “two” and inserting in its stead the word “three”;

“(3a.) The personal evidence of the defendant shall include a definite statement as to the date and place of his arrival in the Commonwealth, and the name of the vessel by which he travelled to Australia.”; and

(d) by inserting after sub-section (4.) the following subsection:—

“(4a.) In any prosecution under this section where it is alleged that the defendant was a member of the crew of a vessel, the averment of the prosecutor that the defendant was a member of the crew of that vessel shall be deemed to be proved in the absence of proof to the contrary if the prosecutor produces an identification card in the prescribed form relating to a member of the crew of a vessel of that name, and bearing a personal description, photographs and thumb prints of the defendant.”.

7. After section eight of the Principal Act the following sections are inserted:—

Deportation of certain persons.

“8a.—(1.) Where the Minister is satisfied that, within three years after the arrival in Australia of a person who was not born in Australia, that person—

(a) has been convicted in Australia of a criminal offence punishable by imprisonment for one year or longer;

(b) is living on the prostitution of others;

(d) is a person who advocates the overthrow by force or violence of the established government of the Commonwealth or of any State, or of any other civilized country, or of all forms of law, or who advocates the abolition of organized government, or who advocates the assassination of public officials or who advocates or teaches the unlawful destruction of property, or who is a member of, or affiliated with, any organization which teaches any of the doctrines and practices specified in this paragraph,

he may, by notice in writing, summon the person to appear before a Board within the time and in the manner prescribed, to show cause why he should not be deported from the Commonwealth.

“(2.) A Board appointed for the purposes of the last preceding sub-section shall consist of three members to be appointed by the Minister.

“(3.) The Chairman shall be a person who holds or has held the office of Judge, or Police, Stipendiary or Special Magistrate.

“(4.) (a) If the person fails, within the prescribed time, to show cause why he should not be deported, or

(b) the Board recommends that he be deported from the Commonwealth,

the Minister may make an order for his deportation, and he shall be deported accordingly.

“(5.) Pending deportation the person may be kept in such custody as the Minister directs.

Power to deport foreign nationals.

‘‘8b.—(1.) A national of any country who, in pursuance of any treaty to which the Commonwealth is a party, is liable to be returned to that country, may be deported from the Commonwealth to that country pursuant to any order of the Minister.

“(2.) The master, owners, agents and charterers of any vessel shall, when required so to do by the Minister or any person thereto authorized in writing by the Minister, provide a passage to any port to which the vessel is bound and such accommodation as the Minister, or any person thereto authorized in writing by the Minister, thinks fit for any person ordered to be deported from the Commonwealth in pursuance of the last preceding sub-section.”

Amendment of s. 13b.

8. Section thirteen b of the Principal Act is amended by inserting, after the word “assistance”, the words “take all reasonable measures to”.

Overview

The Immigration Act 1920 was enacted to amend the existing Immigration Act 1901-1912 and address several gaps and issues related to immigration regulation in Australia. Enacted by the Parliament of the Commonwealth of Australia, this Act aimed to provide more stringent control over immigration by specifying categories of prohibited immigrants and enhancing enforcement mechanisms. It introduced criteria for prohibiting entry to individuals deemed undesirable or potentially harmful, such as those who advocate violence or subversion, those of certain nationalities during wartime, and those lacking valid passports. Additionally, the Act established procedures for the deportation of immigrants who engage in criminal activities, live off prostitution, or become a burden on public institutions. The policy objective was to strengthen national security and maintain public order by ensuring that only suitable immigrants were allowed entry into the country. Furthermore, the Act sought to close loopholes in the enforcement of immigration laws by addressing instances where individuals evaded immigration officers or entered the country illegally. It imposed penalties on vessel owners and charterers who failed to comply with requirements to provide passage for deportees and introduced measures to facilitate the identification and prosecution of offenders. By amending the existing legislation, the Act aimed to create a more robust framework for managing immigration, thereby addressing the identified gaps in the Immigration Act 1901-1912 and ensuring better control over who could enter and remain in Australia.

Scope and Application

The Immigration Act 1920 amends the Immigration Act 1901-1912 to refine and expand the scope of immigration control within Australia. This Act applies to individuals and entities involved in the immigration process, including prospective immigrants, vessels, and their owners, agents, or charterers. It governs the conduct of immigration officers, the Minister, and other authorities responsible for enforcing the immigration laws. The Act has a national jurisdictional reach, as it pertains to the Commonwealth of Australia. It establishes specific criteria for prohibited immigrants, such as those with certain medical conditions, those advocating for violence or illegal activities, and those failing to present valid passports. Additionally, the Act provides for the deportation of individuals who have committed serious crimes, engage in prostitution, or are deemed a threat to public order. The Act also mandates the provision of passages for deportees and allows for the exemption of British subjects or citizens of countries with whom Australia has made specific arrangements. Certain exclusions and exemptions apply, such as the exemption for British subjects or citizens under specific arrangements, and the Act can be further refined through subordinate instruments issued by the Minister. The Act also stipulates that the Home and Territories Department, rather than the Department of External Affairs, is responsible for administering the immigration laws, and it updates the definition of "the Minister" to reflect this change. Furthermore, it introduces new provisions for certificates of exemption and requires the owner, agents, or charterers of vessels to provide passages for immigrants within a specified timeframe. The Act delineates the process for the deportation of individuals who meet certain criteria, including those convicted of serious crimes, those living on prostitution, and those advocating for violence or the abolition of government. The Act also grants the Minister the authority to deport foreign nationals under specific treaties and requires vessels to provide passages for deportees. This comprehensive legislation aims to maintain the integrity of Australia’s immigration system and public order by controlling the entry, presence, and expulsion of individuals within its borders.

Key Provisions

The Immigration Act 1920 (C1920A00051) amends the Immigration Act 1901-1912 (referred to as the Principal Act) to update the regulatory framework governing immigration into Australia. The Act introduces significant changes to the types of prohibited immigrants (Section 3), expands the criteria for deportation (Section 8a), and modifies the requirements for passports and certificates of exemption (Sections 4 and 4aa). It also outlines obligations and penalties for non-compliance with these provisions. The Act requires that certain individuals be excluded from entering Australia. Section 3(c) specifies that prohibited immigrants include those who are deemed mentally unfit or have a history of mental illness, advocates of violence or lawlessness, individuals of specific national origins for a defined period, and those who fail to produce valid passports. Owners, agents, or charterers of vessels carrying such prohibited immigrants may be required to return them to their origin within three years, with a penalty of one hundred pounds for non-compliance (Section 4). Furthermore, Section 4aa provides an exemption for British subjects or citizens of countries with which an arrangement is in place, stipulating that these individuals need not carry passports. Additionally, the Act imposes obligations on individuals and entities involved in immigration. For instance, Section 6 mandates that immigrants provide personal evidence, including details of their arrival and the vessel they travelled on. Vessels and their personnel must comply with identification requirements and provide passage for deported individuals (Sections 5 and 8b). The Act also stipulates that the Minister may summon individuals for deportation hearings if they meet certain criteria, such as criminal convictions or involvement in unlawful activities (Section 8a). Failure to comply with the provisions of the Immigration Act 1920 can result in significant penalties. Non-compliance with the requirements to provide passage for deported individuals or failure to produce valid passports can lead to criminal charges and fines (Sections 4 and 8b). Additionally, individuals who evade immigration officers or provide false identification may face prosecution (Section 5). Deportation orders can be made for individuals who do not comply with the provisions regarding prohibited immigrants or fail to show cause against deportation at a hearing (Section 8a). These legal consequences underscore the importance of adhering to the Act's stipulations.

Area of Law: Immigration & Refugee Law
Instrument: Act
Concepts: Commencement Provisions; Offence Provisions; Enforcement Powers; Prohibited Conduct; Deportation

Interactions

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.

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