IMMIGRATION.
No. 7 of 1925.
An Act to amend the Immigration Act 1901–1924.
[Assented to 20th July, 1925.]
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 1925.
(2.) The Immigration Act 1901–1924 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 1901–1925.
Prohibited immigrants.
2. Section three of the Principal Act is amended—
(a) by omitting from paragraph (gf) thereof the word “and” (last occurring); and
(b) by inserting therein after paragraph (gg) the following paragraph:—
“and (gh) any person declared by the Minister to be in his opinion, from information received from the Government of the United Kingdom or of any other part of the British Dominions or from any foreign Government, through official or diplomatic channels, undesirable as an inhabitant of, or visitor to, the Commonwealth;”.
3. After section three j of the Principal Act the following section is inserted:—
Prohibition by proclamation.
“3k.—(1.) The Governor-General may by Proclamation prohibit, either wholly or in excess of specified numerical limits, and either permanently or for a specified period, the immigration into the Commonwealth, or the landing at any specified port or place in the Commonwealth, of aliens of any specified nationality, race, class or occupation, in any case where he deems it desirable so to do—
(a) on account of the economic, industrial or other conditions existing in the Commonwealth;
(b) because the persons specified in the Proclamation are in his opinion unsuitable for admission into the Commonwealth; or
(c) because they are deemed unlikely to become readily assimilated or to assume the duties and responsibilities of Australian citizenship within a reasonable time after their entry.
“(2.) Any person who enters the Commonwealth in contravention of the prohibition contained in any such Proclamation shall be deemed to be a prohibited immigrant.”.
Proceedings against offenders against the Act.
4. Section five of the Principal Act is amended by omitting sub-section (3a.) thereof and inserting in its stead the following sub-sections:—
“(3a.) Proof to the contrary by the personal evidence of the defendant, within the meaning of the last preceding sub-section, shall not (unless it is proved that the defendant was born in Australia) be deemed to have been given unless the defendant in his personal evidence states truly the name of the vessel by which he travelled to Australia and the date and place of his arrival in the Commonwealth.
“(3b.) Where the prosecutor applies to the Court for an adjournment of the proceedings to obtain…
Overview
The Immigration Act 1925, enacted by the Commonwealth Parliament, serves as an amendment to the Immigration Act 1901–1924. The 1925 Act aimed to address certain gaps and deficiencies in the existing immigration framework, including the need to provide more flexibility in prohibiting the entry of undesirable immigrants and to establish clearer procedures for deportation. One of the key additions under this Act was the ability for the Governor-General to issue proclamations prohibiting the immigration of certain groups based on economic conditions, unsuitability, or the likelihood of assimilation. The Act also introduced stricter evidentiary requirements in legal proceedings against offenders and mandated the provision of sureties for those appealing deportation orders. Furthermore, it allowed for the deportation of individuals involved in industrial disturbances or those convicted of offences prejudicial to public interest, ensuring that their presence was deemed injurious to the peace, order, or good government of the Commonwealth.
Scope and Application
The Immigration Act 1925 amends the existing Immigration Act 1901–1924, impacting the regulation of immigration into Australia. It applies to individuals, specifically those deemed undesirable by the Minister based on information from Australian, British, or foreign governments, as well as those prohibited from entering or residing in Australia by proclamation. The Act also applies to aliens of any specified nationality, race, class, or occupation, whose immigration can be prohibited by the Governor-General under certain conditions. The geographic scope of the Act is national, as it pertains to the Commonwealth of Australia. The Act extends to the deportation of non-Australian born individuals who are involved in activities that hinder or obstruct trade, commerce, or public services, posing a threat to the peace, order, or good government of the Commonwealth. The Act includes provisions for the custody of deportees and the duty of vessel masters to provide return passage for deportees. Exclusions or exemptions are not explicitly stated in the provided text, but the application of the Act is subject to the conditions outlined in its provisions.
Key Provisions
- The Immigration Act 1925 introduces several significant changes to the existing Immigration Act 1901–1924. Firstly, Section 2 of the Act amends the definition of prohibited immigrants to include any person deemed undesirable by the Minister based on information received from the Government of the United Kingdom, other British Dominions, or any foreign government. Additionally, Section 3k allows the Governor-General to issue proclamations prohibiting the immigration of certain nationals or groups of people, either permanently or temporarily, based on economic, industrial conditions, or suitability for Australian citizenship.
- The Act imposes obligations on various parties, including the requirement for individuals who appeal a conviction under the Act to provide two sureties of £100 each, approved by the Collector of Customs (Section 7a). Furthermore, the Act mandates that masters, owners, agents, or charterers of vessels must transport deportees to the specified port and provide necessary custody onboard (Section 9).
- In terms of enforcement, the Act outlines several penalties and consequences for breaches. For example, any person entering the Commonwealth in contravention of a Governor-General's proclamation is deemed a prohibited immigrant (Section 3k(2)). Deportation may be ordered for individuals who have engaged in activities prejudicial to public interest or who have been convicted of certain offences within three years prior to the notice (Sections 8aa and 8ab). The burden of proving Australian birth lies on the individual in such deportation proceedings (Section 8ac). Failure to comply with the Act’s provisions can result in severe penalties, including deportation and potential imprisonment.
- Area of Law
- Immigration & Refugee Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Offence Provisions
- Deportation
- Prohibited Conduct