IMMIGRATION RESTRICTION.
No. 25 of 1908.
An Act to amend the Immigration Restriction Acts 1901–1905.
[Assented to 14th December, 1908.]
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 Immigration Restriction Act 1908.
Citation.
2.—(1.) The Immigration Restriction Act 1901, as amended by the Immigration Restriction Amendment Act 1905 and by the Contract Immigrants Act 1905, is in this Act referred to as the Principal Act.
(2.) The Principal Act, as amended by this Act, may be cited as the Immigration Restriction Act 1901–1908.
3. After section nine of the Principal Act the following sections are inserted:—
Penalty for bringing stowaways into the Commonwealth.
“9a.—(1.) If any vessel, having on board any stowaway who is a prohibited immigrant, comes into any port in Australia, the master, owners, agents, and charterers of the vessel shall be jointly and severally liable on summary conviction to a penalty of One hundred pounds for each such stowaway.
(2.) Every stowaway brought into any port on board a vessel shall be deemed to be a prohibited immigrant for the purposes of this section unless it is proved that he has passed the dictation test or that an officer has given him permission to land without restriction.
Power to search vessel for stowaways.
“9b.—(1.) Any officer may at any time search any vessel in any port or in any territorial waters of the Commonwealth to ascertain whether there are any stowaways on board the vessel, and for that purpose may board the vessel, and cuter into any part of the vessel.
(2.) At the request of an officer, the master of a vessel shall facilitate the boarding of the vessel, and shall by all means in his power facilitate the searching of the vessel by the officer, and if he fails or neglects to do so he shall be liable on summary conviction to a penalty of One hundred pounds.
Power to detain vessel for searching.
“9c.—(1.) Any officer may, by notice in writing to the master of the vessel, detain any vessel at any port or place for a reasonable time for the purpose of enabling him to search the vessel to ascertain whether there are any stowaways on board the vessel.
(2.) If the master of any vessel detained in pursuance of this section moves his vessel without the consent of the officer, while she is under detention, he shall be liable on summary conviction to a penalty of One hundred pounds.
Definition of a stowaway.
“9d. Any person on board a vessel at the time of her arrival from any place outside Australia at any port in Australia who is not—
(a) a bonâ fide passenger on the vessel, or
(b) a member of the crew of the vessel whose name is on the articles,
shall be deemed to be a stowaway, unless the master of the vessel gives notice to an officer that the person is on board the vessel, and does not permit him to land until the officer has had an opportunity of satisfying himself that the person is not a prohibited immigrant.”
Overview
The Immigration Restriction Act 1908, enacted by the Commonwealth Parliament, aimed to address the problem of unauthorised immigration, particularly the issue of stowaways entering Australia. This Act amended the existing Immigration Restriction Acts of 1901 to 1905, introducing stricter measures to control and penalise the transportation of prohibited immigrants. The primary policy objective was to maintain the "White Australia" policy by preventing non-European immigrants from entering the country. The Act established penalties for the masters, owners, agents, and charterers of vessels that carried stowaways, and authorised officers to search vessels and detain them if necessary to prevent the entry of prohibited immigrants. This legislation underscored the Australian government’s commitment to enforcing racial and ethnic restrictions in immigration policy during this period.
Scope and Application
The Immigration Restriction Act 1908 applies to vessels entering Australian ports, their masters, owners, agents, and charterers, and any individuals found on board who are not bona fide passengers or crew members. The Act pertains to the Commonwealth of Australia, thus it has a national jurisdictional reach. It imposes penalties on those found to be in violation of the Act, specifically for bringing stowaways, who are deemed prohibited immigrants, into Australian ports. Officers are granted the authority to search vessels, board them, and detain them if necessary to ascertain the presence of stowaways. Any vessel master who fails to facilitate these searches or moves the vessel while under detention is also liable for penalties. The Act does not specify any exclusions, exemptions, or thresholds within the text itself, although it is likely that subordinate instruments could provide further detail on the application and enforcement of these provisions.
Key Provisions
The Immigration Restriction Act 1908 introduces significant amendments to the existing immigration laws in Australia. Firstly, it amends the Immigration Restriction Act 1901, which is now referred to as the Principal Act, by incorporating changes made by the Immigration Restriction Amendment Act 1905 and the Contract Immigrants Act 1905. Section 9a of the Principal Act is particularly noteworthy, as it imposes a penalty on the master, owners, agents, and charterers of a vessel if they bring a stowaway who is a prohibited immigrant into any Australian port. The penalty for each stowaway is One hundred pounds. Section 9b grants officers the authority to search any vessel in any Australian port or territorial waters to detect stowaways, allowing them to board the vessel and inspect any part of it. The master of the vessel is obligated to assist in these searches and can be fined One hundred pounds if they fail to do so. Furthermore, Section 9c empowers officers to detain a vessel at a port for a reasonable period to facilitate the search for stowaways. The master faces a One hundred pound penalty if they move the vessel without consent while it is under detention.
The Act imposes several obligations on parties involved in maritime activities. Masters, owners, agents, and charterers of vessels are jointly and severally liable for the presence of stowaways who are prohibited immigrants, as stated in Section 9a. They must ensure that all individuals on board are either bona fide passengers or crew members with their names listed on the ship's articles. If a person on board is not a bona fide passenger or crew member, the master must notify an officer and prevent them from disembarking until the officer confirms they are not a prohibited immigrant, as outlined in Section 9d. Masters are also required to facilitate searches conducted by officers, under the threat of a One hundred pound penalty if they do not comply.
For breaches of the Act, specific penalties are prescribed. Under Section 9a, the master, owners, agents, and charterers of a vessel are subject to a One hundred pound penalty for each stowaway who is a prohibited immigrant brought into an Australian port. Section 9b imposes a One hundred pound penalty on the master if they fail to assist officers in searching the vessel. Section 9c imposes a One hundred pound penalty on the master if they move the vessel without consent while it is under detention for the purpose of searching for stowaways. These penalties serve as deterrents against non-compliance with the Act's provisions.