Immigration Restriction Regulations

Legislation au C2004L09643 Regulations Not in force Legislative Instrument

Legislation content

Department of External Affairs,

Melbourne, 31st December, 1901.

H

IMMIGRATION RESTRICTION ACT 1901.

IS Excellency the Governor-General in Council has approved that the following Regulations be made under the provisions of section 16 of the Immigration Restriction Act 1901, such Regulations to take effect on and from this date.

EDMUND BARTON,

Prime Minister.

____________________

REGULATIONS UNDER THE IMMIGRATION RESTRICTION ACT 1901.

Definition.

1. In these Regulations, “the Act” means the Immigration Restriction Act 1901.

Powers and Duties of Officers.

2. Except as provided in section 6 of the Act, an officer shall not allow a prohibited immigrant to enter the Commonwealth.

3. For the purpose of medical examination, an officer may detain for a period not exceeding 24 hours, in such place and in such custody as he thinks fit, any person whom he reasonably supposes to be a prohibited immigrant within the meaning of paragraph (c) or (d) of section 3 of the Act.

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.

5. Any person who claims to be excepted from the Act, as being—

(a) possessed of a certificate of exemption; or

(b) duly accredited to the Government of the Commonwealth, or 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 credentials.

6. Any person who is domiciled in the Commonwealth, and is leaving the Commonwealth temporarily, and who desires on his return to be excepted from the Act, under paragraph (n) of section 3 thereof, may apply to the Collector of Customs at the port of departure for a certificate of domicile.

The Collector, upon being satisfied that he is so domiciled, and upon being supplied with such particulars as he may require for the identification of the applicant, shall give him a certificate in the form of the Schedule hereto.

Upon returning to the Commonwealth, the applicant shall deliver the certificate to an officer at the port of landing; and if he satisfies the officer of his identity, he shall be deemed not to be a prohibited immigrant.

Offences.

7. Every person shall answer all questions which are put to him by an officer, and which are, in the opinion of the officer, necessary for determining whether he or any other person is a prohibited immigrant.

8. Any person who refuses to answer any question lawfully put to him by an officer, or who knowingly makes a false statement, either in answer to any such question, or in applying to an officer for any certificate under the Act or these Regulations, or in connexion with any such certificate, shall be guilty of an offence against these Regulations.

9. Any person who, with intent to contravene or evade the Act, or these Regulations, or without just cause or excuse, transfers or delivers up to any other person any certificate or credentials referred to in the Act or in these Regulations, shall be guilty of an offence against these Regulations.

10. Any person who, with intent to contravene or evade the Act, or these Regulations, or without just cause or excuse, has in his possession—

(a) a certificate of exemption or of domicile which does not belong to him; or

(b) any certificate or credentials referred to in the Act or in these Regulations, and not belonging to him; or

(c) any such certificate or credential which is forged or false;

shall be guilty of an offence against these Regulations.

Duties of Masters.

11. The master of every vessel, other than a public vessel of any Government, arriving at any port in the Commonwealth, from parts beyond the Commonwealth, with any passengers on board for that port, shall, before making entry at the Customs, deliver to an officer a list of all such passengers, specifying, to the best of his knowledge, the name, the nationality, the place of shipment, and the calling and occupation of each such passenger.

12. The master of every vessel, other than a public vessel of any Government, arriving at a port in the Commonwealth from parts beyond the Commonwealth, shall, if required by an officer, deliver to an officer a list showing the number and names of the crew, and their nationality, and produce the vessel’s articles.

13. The master of every vessel, other than a public vessel of any Government, arriving at any port within the Commonwealth, from parts beyond the Commonwealth, and having amongst her crew any persons not of European race or descent, shall forthwith upon arrival, and before making any entry at the Customs, produce for the inspection of an officer, a list showing the number and names of such persons, and their nationality.

14. The master of every vessel shall afford to an officer every facility for performing his duties, and shall answer all questions which are put to him by the officer, and which are, in the opinion of the officer, necessary for determining whether any person is a prohibited immigrant. And no person shall obstruct or hinder an officer in the carrying out of the Act or of these Regulations.

15. The approved sureties mentioned in section 7 of the Act shall be such sureties as are approved by the Minister or by a State Collector of Customs. The sureties shall enter into a bond, conditioned to become void if the immigrant leaves the Commonwealth within one month.

Note.—A person guilty of any offence against these Regulations is, under section 18 of the Act, liable upon summary conviction to a penalty not exceeding £50, and in default of payment to imprisonment with or without hard labour for any period not exceeding three months.

________________

Schedule.

Commonwealth of Australia.

Immigration Act 1901.

CERTIFICATE OF DOMICILE.

 I,        Collector of Customs at

the port of       in the said Commonwealth,

hereby certify that        hereinafter

described, has satisfied me that he is domiciled in the Commonwealth, and is leaving the Commonwealth, and is leaving the Commonwealth temporarily.

(Insert description.)

       Collector.

The  day of    1902.

Note.—This certificate must be returned by the applicant. If it is delivered, without just cause or excuse, to any other person, both the person delivering it and the person receiving it are guilty of an offence against the Regulations, and are liable, upon summary conviction, to a penalty not exceeding £50, and in default of payment to imprisonment, with or without hard labour, for any period not exceeding six months.

 

Overview

The Immigration Restriction Act 1901, enacted by the Australian Parliament, was introduced to address the growing concern over the influx of non-European immigrants, particularly from Asia. The Act aimed to restrict immigration to Australia based on racial criteria, aligning with the prevailing "White Australia" policy. The regulations under the Act outline the powers and duties of immigration officers, detailing procedures for the detention and examination of suspected prohibited immigrants, as well as the requirements for entry and exemption certificates. The policy objective was to maintain the racial composition of the Australian population by preventing non-Europeans from settling in the country. The regulations also impose penalties for non-compliance, reinforcing the Act's stringent immigration control measures.

Scope and Application

The Immigration Restriction Act 1901 and its associated regulations apply to all persons and vessels entering the Commonwealth of Australia, with a specific focus on preventing the entry of prohibited immigrants. The Act and Regulations establish the powers and duties of officers responsible for enforcing these provisions, which include the authority to detain individuals for medical examinations, search vessels for prohibited immigrants, and require individuals to produce certificates or credentials when necessary. The Act applies to all vessels arriving in Australia from overseas, except for government vessels, and mandates that masters of these vessels provide detailed lists of passengers and crew, including their nationality and occupation. Additionally, the Act outlines certain exemptions and the process for obtaining a certificate of domicile for temporary departures, while also establishing penalties for non-compliance and the unauthorised transfer or possession of certificates and credentials. The application and enforcement of these provisions are further extended and detailed through the subordinate regulations, which specify the procedures and allowable durations for detentions, the obligations of vessel masters, and the consequences for various offences under the Act.

Key Provisions

The main operative sections of the Regulations under the Immigration Restriction Act 1901 (Regulations) outline the powers and duties of immigration officers, the process for medical examinations, and the requirements for certain certificates. According to section 2 of the Regulations, an immigration officer is not permitted to allow a prohibited immigrant to enter the Commonwealth unless specified in section 6 of the Act. Section 3 allows officers to detain individuals for up to 24 hours for medical examinations if they reasonably suspect them to be prohibited immigrants. Section 4 grants officers the authority to search vessels to determine the presence of prohibited immigrants. Section 5 requires individuals claiming exemption from the Act to produce their certificates or credentials upon request, while section 6 provides a process for obtaining a certificate of domicile for temporary departures. The Regulations impose several obligations on parties governed by the Act. Section 7 requires every person to answer all questions put to them by an officer that are necessary for determining whether they are prohibited immigrants. Section 8 stipulates that knowingly providing false information or refusing to answer questions is an offence. Section 9 makes it an offence to transfer or deliver certificates or credentials to others with the intent to contravene the Act or Regulations. Section 10 prohibits the possession of unauthorised or forged certificates. Additionally, section 11 mandates that vessel masters provide detailed lists of passengers and crew, including their nationality, to immigration officers before entry at Customs. Section 12 requires vessel masters to provide lists of crew members and their nationalities upon request. Section 13 mandates that vessel masters produce lists of non-European crew members for inspection. Section 14 obligates vessel masters to facilitate officer duties and answer relevant questions, with any obstruction being an offence. The Regulations outline various offences and penalties for breaches. Section 7 establishes that any person found guilty of an offence under the Regulations is liable to a penalty not exceeding £50, or imprisonment for up to three months in default of payment. Section 8 specifies that refusing to answer questions or providing false information is an offence. Section 9 penalises the transfer or delivery of certificates or credentials with intent to contravene the Act or Regulations. Section 10 makes possession of unauthorised or forged certificates an offence. Section 15 specifies that approved sureties must enter into a bond that becomes void if the immigrant leaves the Commonwealth within one month. Additionally, section 18 provides that delivering a certificate of domicile to any other person without just cause or excuse is an offence, with penalties not exceeding £50 or imprisonment for up to six months.

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Offence Provisions
Reporting & Disclosure Obligations
Enforcement Powers

Interactions

Authorises

All Versions

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.