Immigration Restriction Amendment Act 1905

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IMMIGRATION RESTRICTION AMENDMENT.

No. 17 of 1905.

An Act to amend the Immigration Restriction Act 1901.

[Assented to 21st December, 1905.]

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 incorporation.

1. This Act may be cited as the Immigration Restriction Amendment Act 1905, and this Act and the Immigration Restriction Act 1901 (in this Act referred to as the Principal Act) shall be read together and may together be cited as the Immigration Restriction Acts 1901-1905.

Commencement.

2. This Act shall commence on a day to be fixed by Proclamation.*

Definition.

3. Section two of the Principal Act is amended by inserting, after the word “Customs.” the words “or any member of the police force of a State.”

Prohibited immigrants.

4. Section three of the Principal Act is amended—

(a) by omitting the whole of paragraph (a), and inserting in lieu thereof the following paragraph:—

“(a) Any person who fails to pass the dictation test: that is to say, who, when an officer dictates to him not less than fifty words in any prescribed language, fails to write them out in that language in the presence of the officer.

No regulation prescribing any language or languages shall have any force until it has been laid before both Houses of the Parliament for thirty days and, before or after the expiration of such thirty days, both Houses of the Parliament by a resolution, of which notice has been given, have agreed to such regulation.”

(b) by omitting from paragraph (e) the words “within three years,” and by inserting in that paragraph, before the words “received a pardon,” the words “served his sentence or”;

* Proclaimed to commence 1st February, 1906. See Gazette, 27th January, 1906.

Provision until language prescribed.

5. Until a regulation prescribing any language or languages under section three of the Principal Act as amended by this Act shall come into force, any language authorized by section three of the Principal Act before the commencement of this Act shall be deemed to be a prescribed language within the meaning of that section as so amended.

Certificates of exemption.

6. Section four of the Principal Act is amended—

(a) by omitting the words “may, if found within the Commonwealth, be treated as,” and inserting in lieu thereof the words “shall, if found within the Commonwealth, be deemed to be”;

(b) by inserting, after the word “Act,” the words “and may be deported from the Commonwealth pursuant to any order of the Minister.”

Liability of agents.

7. Sections four, six, nine, and sub-section (3) of section ten of the Principal Act are amended by inserting after the word “owners” the word “agents.”

8. After section four of the Principal Act the following sections are inserted:—

Exemption from dictation test of subjects or citizens of a country with which an arrangement has been made.

“4A.—(1.) If the Minister notifies by notice in the Gazette that an arrangement has been made with the Government of any country regulating the admission to the Commonwealth of the subjects or citizens of that country, the subjects or citizens of that country shall not, while the notice continues to have effect, be required to pass the dictation test.

“(2.) The Minister shall not issue any such notice until the arrangement has been sanctioned by resolution of both Houses of the Parliament.

“(3.) Any such notice shall cease to have effect upon the Minister notifying, by notice in the Gazette, that it is cancelled.

Certificate excepting from dictation test.

“4B.—(1.) Any person who has resided in Australia for a period or periods in the aggregate of not less than five years, and who is about to depart from the Commonwealth, may in manner prescribed apply to an officer authorized in that behalf for a certificate in the prescribed form excepting him, if he returns to the Commonwealth within the period limited in the certificate, from the provisions of paragraph (a) of section three of this Act.

“(2.) The officer may in his discretion give the certificate on payment of the prescribed fee, or, without assigning any reason, withhold it.

“(3.) Where the Minister is satisfied that a certificate given under this section has been obtained by any untrue statement of fact or intention, the Minister may revoke the certificate, which shall thereupon be taken to be of no effect, and shall on demand be delivered up to the Minister.

“(4.) A person to whom a certificate under this section has been issued (which certificate has not been revoked) shall not, on his return

to the Commonwealth within the time limited by the certificate, if he produces and delivers the certificate to an officer, be required to pass the dictation test.”

Immigrants evading officers or found within Commonwealth.

9. Section five of the Principal Act is amended—

(a) by omitting the words “asked to comply with the requirements of paragraph (a) of section three” (wherever these words occur), and inserting in lieu thereof the words “required to pass the dictation test”;

(b) by adding the following sub-section:—

“(3.) In any prosecution under the last preceding sub-section, the averment of the prosecutor contained in the information that the defendant has entered the Commonwealth within one year before his failing to pass the dictation test shall be deemed to be proved in the absence of proof to the contrary.”

Entry permitted on certain conditions.

10. Section six of the Principal Act is amended—

(a) by omitting from paragraph (a) the words “comply with the requirements of that paragraph,” and inserting in lieu thereof the words “pass the dictation test”;

(b) by omitting from paragraph (b) the words “may be treated as,” and inserting in lieu thereof the words “shall be deemed to be.”

Certain persons may be deported.

11. Section eight of the Principal Act is amended by omitting the words “write out at dictation and sign in the presence of an officer a passage of fifty words in length in any European language directed by the officer,” and inserting in lieu thereof “pass the dictation test.”

Penalty on masters, &c., of ships.

12. Section nine of the Principal Act is amended—

(a) by omitting the words “jointly and severally liable to a penalty not exceeding,” and inserting in lieu thereof the words “guilty of an offence against this Act, and be jointly and severally liable on summary conviction to a penalty of”;

(b) by omitting the whole of the second paragraph thereof.

Bringing certain prohibited immigrants into the Commonwealth.

13. Section thirteen of the Principal Act is amended—

(a) by omitting the words “idiot or insane person” where they first occur, and inserting in lieu thereof the words “prohibited immigrant within the meaning of paragraphs (b), (c), (d), or (f) of section three of this Act”;

(b) by omitting the words “idiot or insane person” where they last occur, and inserting in lieu thereof the words “prohibited immigrant.”

14. After section thirteen of the Principal Act the following sections are inserted:—

Duty of master, &c., of vessel bringing prohibited immigrant to provide return passage.

“13A. The master, owners, agents, or charterers of a vessel in which a prohibited immigrant, or a person who under section three or section five of this Act becomes a prohibited immigrant,

comes to the Commonwealth, shall, on being required in writing by any Collector of Customs so to do, without charge to the Commonwealth, provide a passage for the prohibited immigrant to the place whence he came, and shall also be liable to pay to the Commonwealth for the State a fair sum to recoup the State for the cost of keeping and maintaining the prohibited immigrant while awaiting his deportation from Australia.

Power of master to prevent prohibited immigrant from landing.

“13B. The master of a vessel on which a prohibited immigrant, or a person reasonably supposed to be a prohibited immigrant, is, may, with the necessary assistance, prevent the prohibited immigrant from entering the Commonwealth from the vessel in contravention of this Act.”

15. After section fourteen of the Principal Act the following section is inserted:—

Power to arrest prohibited immigrant.

“14A. Every member of the police force of any State, and every officer may, without warrant, arrest any person reasonably supposed to be a prohibited immigrant offending against this Act, and no person shall resist or prevent such arrest.”

Overview

The Immigration Restriction Amendment Act 1905 was enacted to modify the Immigration Restriction Act 1901, aiming to tighten immigration controls in Australia. Enacted by the Parliament of Australia, the Act introduced significant changes to the criteria for immigration, including the introduction of a dictation test in any prescribed language to determine eligibility for entry. It also expanded the definition of prohibited immigrants and increased the penalties for those who violated the immigration laws. The Act sought to ensure that only those who met the stringent entry requirements were allowed to enter the country, reflecting the prevailing policy of the White Australia Policy. The Act came into force on 1st February 1906, following its proclamation, and it was intended to be read in conjunction with the principal Act as the Immigration Restriction Acts 1901-1905.

Scope and Application

The Immigration Restriction Amendment Act 1905 amends the Immigration Restriction Act 1901 and applies to all persons and entities involved in immigration to Australia, including immigrants themselves, their agents, ship masters, owners, and charterers. The Act imposes stringent requirements on non-citizens seeking entry into Australia, such as passing a dictation test in a prescribed language, and mandates that any language used in this test must be approved by both Houses of Parliament. The Act also expands the definition of prohibited immigrants to include those who fail to pass the dictation test, among other criteria. Notably, the Act exempts certain individuals, such as subjects or citizens of countries with which Australia has made specific arrangements, and those who have resided in Australia for a cumulative total of at least five years, from the dictation test under certain conditions. The Act extends its reach to state police officers who can arrest individuals suspected of violating its provisions without a warrant. The Act's application can be further defined or modified through subordinate instruments, although the primary text does not elaborate on this mechanism.

Key Provisions

The Immigration Restriction Amendment Act 1905 (Act No. 17 of 1905) amends the Immigration Restriction Act 1901, introducing several key provisions. Firstly, Section 4 of the Principal Act (the Immigration Restriction Act 1901) is amended to specify that prohibited immigrants include those who fail the dictation test. This test requires a person to write out at least fifty words dictated by an officer in a prescribed language. The Act also mandates that any regulation prescribing a language for the dictation test must be approved by both Houses of Parliament for thirty days before it can take effect (Section 4(a)). Additionally, it removes certain categories of prohibited immigrants, such as those who have served their sentences or have been pardoned, from the list (Section 4(b) and (c)). The amended Act imposes several obligations on parties and entities it governs. Immigration officers and members of police forces are now empowered to enforce the provisions of the Act (Section 3). Agents of shipping companies and vessel operators are also held accountable for ensuring compliance with immigration laws, with penalties applicable to them for breaches (Section 7). Furthermore, the Act mandates that any person who has resided in Australia for at least five years can apply for a certificate that exempts them from the dictation test if they return within the specified period (Section 4B). The Act also provides for the deportation of individuals who fail the dictation test or evade immigration officers (Sections 5 and 6). Breaches of the Immigration Restriction Amendment Act 1905 carry various civil and criminal penalties. For example, the master, owners, agents, or charterers of a vessel that brings a prohibited immigrant into the Commonwealth must provide a return passage for that person at no charge to the Commonwealth and may be liable to pay a penalty (Section 13A). Furthermore, the Act imposes a penalty for bringing a prohibited immigrant into the Commonwealth, with specific financial penalties outlined (Section 13). Individuals who fail the dictation test or otherwise contravene the Act can be deported (Section 8). The Act also criminalises the act of preventing the arrest of a person reasonably suspected to be a prohibited immigrant (Section 14A). The maximum penalties for these offences are specified within the Act, with specific financial and custodial penalties applying depending on the nature and severity of the offence.

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

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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