Immigration Regulations 1913

Legislation au C1913L00307 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1913. No. 307.

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REGULATIONS UNDER THE IMMIGRATION ACT 1901–1912.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Immigration Act 1901–1912 to come into operation forthwith, such Regulations to supersede the Provisional Regulations (Statutory Rules 1913, No. 141) made on the 15th day of May, 1913.

Dated this twenty-sixth day of November, One thousand nine hundred and thirteen.

DENMAN,

Governor-General.

By His Excellency’s Command.

P. McM. GLYNN.

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REGULATIONS UNDER THE IMMIGRATION ACT 1901–1912.

Short Title.

1. These Regulations may be cited as the “Immigration Regulations 1913.”

Definition.

2. In these Regulations “the Act” means the Immigration Act 1901–1912.

Detention for Medical Examination.

3. The detention referred to in section 31. of the Act may be in such place and in such custody as the officer thinks fit, and for such time as may, in his opinion, be necessary for the complete examination of the immigrant.

Searching Vessels for Prohibited Immigrants

4. Any officer may, at any time, enter into or upon any vessel, other than a public vessel of any Government, and may search, or cause a search to be made, in every part of the vessel, for the purpose of determining whether any prohibited immigrant is on board.

 

 

 

C.15811.—Price 5d.


Production of Certificates or Credentials.

5. Any immigrant, or person coming to Australia, who claims to be—

(a) possessed of a certificate of exemption;

(b) possessed of a certificate exempting from the dictation test;

(c) possessed of a certificate of naturalization, as defined in section 12b of the Act;

(d) possessed of a certificate of birth, as defined in section 12b of the Act; or

(e) duly accredited to the Government of the Commonwealth by the Imperial or any other Government, or sent by any Government on any special mission,

shall, when required by an officer, produce the certificate or his credentials, as the case may be.

Persons, other than British Subjects, Convicted of Crimes of Violence.

6. Where any person, not being a British subject either natural born or naturalized under a law of the United Kingdom, or of the Commonwealth or a State, has been convicted of any crime of violence against the person, and has, upon the expiration of any term of imprisonment imposed on him therefor, been required to pass the dictation test, and has failed to do so, an officer may detain him in such custody for such time as is, under all the circumstances, reasonably necessary to enable a deportation order to be made by the Minister.

Where the Minister has made an order for the deportation of any such person, an officer may detain him in such custody, and for such time as is reasonably necessary to enable him to be deported pursuant to the order, and may for that purpose convey him to any place…

Overview

The Immigration Regulations 1913 were enacted under the authority of the Immigration Act 1901–1912 by the Governor-General in Council. These regulations were introduced to provide a structured framework for implementing the immigration policies established by the Act. They superseded the earlier Provisional Regulations and came into immediate effect upon their promulgation. The regulations aimed to address various aspects of immigration control, including the detention of immigrants for medical examinations, the search of vessels for prohibited immigrants, and the enforcement of the dictation test. They also detailed the procedures for applying for certificates of exemption and outlined the penalties for offences under the regulations. By providing clear guidelines for immigration officers and other relevant authorities, the regulations sought to ensure that the immigration laws were effectively enforced and that the integrity of Australia's borders was maintained.

Scope and Application

The Immigration Regulations 1913 apply to all individuals, including non-British subjects, entering the Commonwealth of Australia, as well as to the masters and medical officers of vessels arriving from outside the Commonwealth. These regulations are designed to enforce the Immigration Act 1901–1912, governing the admission and deportation of individuals based on specific criteria, such as health, criminality, and the possession of valid immigration documents. The regulations provide officers with broad powers to search vessels, detain individuals for medical examination, and require the production of certificates or credentials. Certain individuals, including those convicted of crimes of violence and those lacking valid certificates, may be detained and deported. The regulations also outline specific procedures for the issuance of certificates, such as certificates of exemption and health certificates, and establish penalties for non-compliance, including fines and imprisonment. Additionally, the regulations specify the duties of vessel masters and medical officers, including the provision of passenger lists and health statements.

Key Provisions

  • The Immigration Regulations 1913, under the Immigration Act 1901–1912, outline various provisions concerning the detention, search, and examination of immigrants. Section 3 allows for the detention of immigrants for medical examination in a place and custody deemed appropriate by the officer, for the duration necessary for a complete examination. Section 4 authorises officers to search any vessel, excluding government vessels, for prohibited immigrants. Section 5 requires any immigrant claiming to possess specific certificates or credentials to produce them upon request by an officer.
  • These Regulations impose several obligations on the parties they govern. Immigrants and individuals arriving in Australia are required to produce relevant certificates or credentials when requested (Section 5). Masters and medical officers of vessels must provide detailed lists of passengers and crew, including personal information and health status (Sections 15 and 16). They must also allow officers to perform their duties and provide necessary facilities (Section 17). Officers have the authority to detain individuals for questioning and examination, and all persons must cooperate with these inquiries (Section 9).
  • Violations of these Regulations are subject to penalties. Refusal to answer lawful questions or providing false statements is an offence (Section 10). Obstruction of officers, unlawful transfer of certificates or credentials, and possession of false identification are also offences (Sections 12, 13, and 14). Officers can prevent crew members suffering from communicable diseases from landing, and failure to comply results in an offence (Section 19). Those aiding or abetting the commission of offences against these Regulations are considered equally culpable (Section 24). The penalty for any offence against these Regulations is a fine of up to £50 or imprisonment for up to three months, or both (Section 25).

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Offence Provisions
Reporting & Disclosure Obligations
Enforcement Powers
Regulatory Standards
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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.