Pacific Island Labourers Act 1901

Legislation au C1901A00016 Not in force Act

Legislation content

PACIFIC ISLAND LABOURERS.

 

No. 16 of 1901.

An Act to provide for the Regulation, Restriction, and Prohibition of the Introduction of Labourers from the Pacific Islands and for other purposes.

[Assented to 17th December, 1901.]

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 Pacific Island Labourers Act 1901.

Definitions.

2. In this Act, unless the contrary intention appears—

“Agreement” means any agreement for service made with a Pacific Island Labourer within or under the Pacific Island Labourers Acts 1880-1892 of the State of Queensland.

“Licence” means a licence under those Acts to introduce labourers from the Pacific Islands.

“Minister” means the Minister for External Affairs.

“Pacific Island Labourer” includes all natives not of European extraction of any island except the islands of New Zealand situated in the Pacific Ocean beyond the Commonwealth as constituted at the commencement of this Act, but does not include—

(a) persons registered under section eleven of the Queensland Act forty-seven Victoria number twelve on the ground of continuous residence in Queensland for a period of not less than five years before the first day of September One thousand eight hundred and eighty-four; or

(b) persons employed as part of the crew of a ship; or

(c) persons possessed of certificates of exemption under the Immigration Restriction Act 1901.

No Pacific Island labourer to enter after 31st March, 1904.

3. No Pacific Island labourer shall enter Australia on or after the thirty-first day of March, One thousand nine hundred and four.

Nor before that date, except under a licence

4. No Pacific Island labourer shall enter Australia before the thirty-first day of March, One thousand nine hundred and four, except under a licence.


Licences not to be granted except as provided.

5. No licence shall be granted except as provided in this Act.

Licences during 1901 and 1902.

6. Nothing in this Act shall prevent the granting of licences as follows:—

(a) During the year One thousand nine hundred and two, to the number of not more than three-fourths of the number of the Pacific Island labourers who have returned to their native islands during the year One thousand nine hundred and one.

(b) During the year One thousand nine hundred and three, to the number of not more than one-half of the number of the Pacific Island labourers who have returned to their native islands during the year One thousand nine hundred and two.

No agreements after 31st December, 1906.

7. No agreement shall be made or remain in force after the thirty-first day of December, One thousand nine hundred and six.

Power to deport labourers.

8.—(1.) An officer authorized in that behalf may bring before a court of summary jurisdiction a Pacific Island labourer found in Australia before the thirty-first day of December, One thousand nine hundred and six, whom he reasonably supposes not to be employed under an agreement; and the court, if satisfied that he is not and has not during the preceding month been so employed, shall order him to be deported from Australia, and he shall be deported accordingly.

(2.) The Minister may order a Pacific Island labourer found in Australia after the thirty-first day of December, One thousand nine hundred and six, to be deported from Australia, and thereupon he shall be deported accordingly.

Penalty.

9. Any person who—

(a) contrary to this Act introduces a Pacific Island labourer or allows a Pacific Island labourer to enter Australia; or

(b) employs a Pacific Island labourer except under an agreement

shall be liable on summary conviction before a police stipendiary or special magistrate sitting as a court of summary jurisdiction to a penalty not exceeding One hundred pounds.

Onus of proof that person is not Pacific Island labourer

10. In any proceeding under this Act, a person alleged to be a Pacific Island labourer shall be deemed to be a Pacific Island labourer until the contrary is shown.

Regulations.

11.—(1.) The Governor-General may make regulations for carrying out this Act.

(2.) All such regulations shall be notified in the Gazette and shall thereupon have the force of law.

(3.) All such regulations shall be laid before both Houses of the Parliament within thirty days after the making thereof if the Parliament be then sitting, and if not then within thirty days after the next meeting of the Parliament.

Overview

The Pacific Island Labourers Act 1901 was enacted to address the regulation, restriction, and eventual prohibition of the introduction of labourers from the Pacific Islands into Australia. This Act was passed by the Commonwealth Parliament to provide a structured approach to managing the influx of non-European labourers, thereby aligning with the broader immigration policies of the time, specifically those established under the Immigration Restriction Act 1901. The policy objective of the Act was to phase out the recruitment of Pacific Island labourers by setting a definitive cessation date and to control the conditions under which such labourers could be introduced into Australia. This was achieved by establishing stringent licensing requirements and progressively reducing the number of labourers allowed to enter the country, culminating in a complete ban effective from 31 March 1904.

Scope and Application

The Pacific Island Labourers Act 1901 applies to all individuals defined as Pacific Island labourers, which includes natives not of European extraction from islands in the Pacific Ocean, excluding certain categories such as those registered under specific Queensland legislation, crew members of ships, and those with exemption certificates under the Immigration Restriction Act 1901. The Act's jurisdiction extends across the Commonwealth of Australia, impacting the introduction and employment of these labourers within the country's borders. The Act prohibits the entry of Pacific Island labourers after 31 March 1904, except under specific licences issued as per the Act’s provisions. Additionally, it restricts the formation of employment agreements after 31 December 1906 and mandates deportation for those not employed under such agreements after this date. The Act allows the Minister for External Affairs to order deportation of labourers found in Australia after the specified date. Penalties are outlined for those contravening the Act, including fines up to one hundred pounds for introducing or employing a Pacific Island labourer without compliance. The Act also empowers the Governor-General to make regulations to implement its provisions, which must be notified and laid before Parliament.

Key Provisions

The Pacific Island Labourers Act 1901 (hereafter the Act) is structured around several key provisions that govern the introduction and employment of Pacific Island labourers in Australia. Section 3 states that no Pacific Island labourer can enter Australia after 31 March 1904. Section 4 stipulates that no Pacific Island labourer can enter before this date unless they hold a valid licence under the Act. Section 5 asserts that no licence can be granted except as provided by the Act itself, indicating a stringent control over who can be introduced into Australia under this legislation. The Act imposes several obligations and requirements on the parties it governs. For example, Section 6 allows for limited licences to be issued during 1901 and 1902, capping the number of new labourers at specific fractions of those who returned to their native islands in the preceding years. Section 7 mandates that no agreement for service can remain in force after 31 December 1906, effectively phasing out the employment of Pacific Island labourers over time. Section 8 provides for the deportation of Pacific Island labourers found in Australia under certain conditions, either through an authorised officer or by the Minister, depending on the date of their presence in Australia. There are also specific consequences for breaching the Act, as outlined in Section 9. Any person who introduces a Pacific Island labourer or allows them to enter Australia contrary to the Act, or employs a Pacific Island labourer without an agreement, is liable on summary conviction to a penalty not exceeding One Hundred Pounds. This financial penalty serves as a deterrent against non-compliance. Furthermore, Section 10 places the onus of proof on a person alleged to be a Pacific Island labourer, deeming them to be one until proven otherwise in any proceeding under the Act. This legal burden ensures that the provisions of the Act are strictly enforced.

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Act
Concepts
Definitions & Interpretation
Licences during 1901 and 1902
No agreements after 31st December, 1906
Power to deport labourers
Penalty
Onus of proof that person is not Pacific Island labourer

Interactions

Authorises

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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.