Immigration Act 1924

Legislation au C1924A00047 Not in force Act

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immigration.

No. 47 of 1924.

An Act to amend the Immigration Act 1901–1920.

[Assented to 20th October, 1924.]

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 1924.

(2.) The Immigration Act 1901–1920 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 1901–1924.

Applying dictation test.

2. Section three of the Principal Act is amended—

(a) by inserting in paragraph (a) thereof, after the word “officer” (first occurring) the words “or person duly authorized in writing by an officer”;

(b) by inserting in paragraph (a) thereof after the word “officer” (second occurring) the words “or authorized person”;

“(f) any person who, in the opinion of an officer, is likely, if he enters the Commonwealth, to become a charge upon the public by reason of infirmity of mind or body, insufficiency of means to support himself, or any other cause;”;

(d) by omitting from sub-paragraph (i) of paragraph (gf) thereof the words “Imperial Government” (wherever occurring) and inserting in their stead the words “Government of the United Kingdom”;

(e) by omitting from sub-paragraph (ii) of paragraph (gf) thereof the word “and” (second occurring);

(f) by inserting at the end of paragraph (gf) the following subparagraph:—

“(iv) which, if not issued by or on behalf of the Government of the United Kingdom, is, except where a visa is dispensed with in pursuance of an arrangement to which the Commonwealth is a party, viséed or indorsed for Australia by a British consular or passport officer; and”;

(g) by inserting at the end of paragraph (k) thereof the following further proviso:—

“Provided further that the exception contained in this paragraph shall not apply to any member of the crew as to whom the master reports in writing to an officer that the member has deserted or is absent without leave, and, until the contrary is proved, the member shall be deemed to be a prohibited immigrant and to have entered the Commonwealth contrary to this Act;” ; and

(h) by omitting from paragraph (l) thereof the word “Imperial” and inserting in its stead the words “Government of the United Kingdom”.

Immigrants evading the officers or found within the Commonwealth.

3. Section five of the Principal Act is amended—

(a) by omitting sub-section (1.) thereof and inserting in its stead the following sub-section:—

“(1.) Any immigrant who—

(a) evades an officer;

(b) enters the Commonwealth at any place where no officer is stationed;

(c) 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;

(d) has been admitted temporarily into the Commonwealth in pursuance of any special arrangement between the Commonwealth Government and any other Government and fails to observe the conditions of his admission; or

(e) has been admitted into the Commonwealth as an indentured labourer for service in the pearling industry and is deemed by the Minister to be an undesirable person,

may, if at any time thereafter, he is found within the Commonwealth, be required to pass the dictation test, and shall, if he fails to do so, be deemed to be a prohibited immigrant offending against this Act.”;

(b) by omitting sub-section (3.) thereof and inserting in its stead the following sub-section:—

“(3.) In any prosecution under either of the last two preceding sub-sections, the averment of the prosecutor, contained in the information, that the defendant is an immigrant who—

(a) has evaded an officer;

(b) has entered the Commonwealth at a place where no officer is stationed;

(c) has obtained, 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 was obtained by false representations;

(d) has been admitted temporarily into the Commonwealth in pursuance of a special arrangement between the Commonwealth Government and another Government and has failed to observe the conditions of his admission;

(e) has been admitted into the Commonwealth as an indentured labourer for service in the pearling industry and is deemed by the Minister to be an undesirable person; or

(f) has entered the Commonwealth within three years before failing to pass the dictation test,

shall be deemed to be proved in the absence of proof to the contrary by the personal evidence of the defendant either with or without other evidence.”; and

(c) by inserting in sub-section (4.) thereof after the word “against” (first occurring) the words “sub-section (1.) or ”.

Unlawful entry of prohibited immigrant.

4. Section seven of the Principal Act is amended—

(a) by inserting in the proviso thereto, after the word “or” (first occurring), the words “, subject to authority being granted by the Minister,”; and

(b) by omitting the word “Fifty” and inserting in its stead the words “One hundred”.

Deportation of certain persons.

5. Section eight a of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “he may, by notice in writing, summon the person to appear before a Board within the time” and inserting in their stead the words “he may, in the case of a person to whom he is satisfied that the provisions of paragraph (a), (b), or (c) apply, make an order for his deportation, and, in the case of a person to whom he is satisfied that the provisions of paragraph (d) apply, he may, by notice in writing, summon the person to appear before a Board at the time specified in the summons “;

(b) by omitting from paragraph (a) of sub-section (4.) the words “fails, within the prescribed time, to show cause”, and inserting in their stead the words “fails to appear at the time specified in the summons to show cause “

(d) by omitting sub-section (5.) and inserting in its stead the following sub-section:—

“(5.) Any person for whose deportation the Minister has made an order in pursuance of this section shall be deported accordingly, and pending deportation shall be kept in such custody as the Minister directs.”.

Penalty for being concerned in bringing immigrants secretly to the Commonwealth.

6. Section twelve a of the Principal Act is amended by omitting the words “Penalty: One hundred pounds or six months’ imprisonment or both.” and inserting in their stead the words and be liable on summary conviction to a penalty of Two hundred pounds or six months’ imprisonment or both.”.

7. After section fifteen of the Principal Act the following section is inserted:—

Service of process in absence of offender.

“15a.—(1.) In any prosecution under this Act in respect of an offence committed by a firm, any summons or other legal process issued against any member of the firm may, in the event of that member not being, at the time the summons or process is served, within five miles of the place at which the court sits out of which the summons or process is issued, be served upon the person in charge of the business or office of the firm at that place and such service shall for all purposes

be as effectual as if the summons or process had been served upon the member of the firm.

“(2.) Where service is effected in pursuance of this section the burden of proving that the person to whom the summons or process is directed was at the time of service within five miles of the place at which the court sits shall lie upon that person.”.

Regulations.

8. Section sixteen of the Principal Act is amended—

(a) by omitting from paragraph (c) thereof the word “and”; and

(b) by adding at the end thereof the following paragraph:—

“; and (e) for requiring any person who seeks to enter the Commonwealth to fill in and sign a statement in the prescribed form.”.

Overview

The Immigration Act 1924 was enacted by the Commonwealth Parliament to amend the Immigration Act 1901–1920, thereby addressing several gaps and problems in the existing immigration control framework. The Act introduced amendments to strengthen the dictation test, which was a method used to restrict immigration by non-Europeans, by specifying who could administer the test and broadening the criteria for its application. It also updated the terminology to reflect the political changes, such as the replacement of "Imperial Government" with "Government of the United Kingdom." The Act further tightened controls on prohibited immigrants, allowing for their deportation without the need for a Board hearing in certain circumstances and increasing penalties for those who facilitated the illegal entry of immigrants. Additionally, it streamlined the process of serving legal process on firms where individual members were not readily available, and introduced requirements for prospective immigrants to fill out prescribed statements. The overarching policy objective was to enhance the regulation of immigration, particularly to maintain the "White Australia" policy by effectively controlling and restricting non-European immigration.

Scope and Application

The Immigration Act 1924 amends the Immigration Act 1901–1920, impacting the process and criteria for immigration into the Commonwealth of Australia. The Act applies to individuals who seek to enter the Commonwealth and includes provisions for the dictation test, which determines the eligibility of immigrants based on their ability to pass a written test in a European language as prescribed by an officer. It applies to all immigrants attempting to enter Australia, including those evading officers, entering at unauthorized locations, using forged documents, or failing to meet conditions of temporary admission. The Act also extends to those who have been admitted as indentured labourers in the pearling industry deemed undesirable by the Minister. The Act's geographic reach is national, as it applies to all areas within the Commonwealth of Australia. Certain exclusions and exemptions may apply based on specific criteria, such as those with valid visas endorsed by British consular or passport officers. The Act's provisions can be further defined and implemented through subordinate regulations, which may introduce additional criteria or processes for immigration.

Key Provisions

The Immigration Act 1924 brings several key amendments to the Immigration Act 1901-1920, which is now referred to as the Principal Act and may be cited as the Immigration Act 1901-1924 post-amendment. The Act introduces changes to the dictation test, the conditions under which individuals may be required to take this test, and the circumstances that deem an immigrant to be prohibited. The dictation test, as outlined in section 3, now applies to immigrants who evade officers, enter the Commonwealth without proper oversight, use fraudulent documents, fail to adhere to temporary admission terms, or are deemed undesirable under specific labour arrangements. If an immigrant fails the dictation test, they are considered a prohibited immigrant under the Act. The obligations under the Act require immigrants to present valid documentation and adhere to specified entry conditions. The Act mandates that any person seeking entry must fill in and sign a prescribed statement (section 8). Additionally, it imposes responsibilities on officers to enforce the provisions of the Act, including the dictation test and deportation orders. Officers and authorized persons must ensure that immigrants comply with entry requirements and that those who fail to meet these criteria are dealt with appropriately. Breaches of the Act carry significant penalties. For instance, being involved in bringing immigrants secretly into the Commonwealth carries a penalty of up to two hundred pounds or six months' imprisonment, or both (section 6). Deportation orders under section 5 now allow for more streamlined procedures, with individuals ordered for deportation being kept in custody pending their removal. Failure to comply with these orders or other provisions of the Act can result in civil or criminal consequences, including fines and imprisonment, depending on the specific breach. Additionally, section 15a provides a mechanism for serving legal process on members of a firm in cases where they are absent, emphasizing the need for adherence to legal obligations even in the absence of the individual offender.

Area of Law: Immigration & Refugee Law
Instrument: Act
Concepts: Definitions & Interpretation; Offence Provisions; Reporting & Disclosure Obligations; Deportation; Penalty Provisions

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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