Pacific Island Labourers Act 1901

No. 16, 1901

Compilation No. 1

Compilation date: 12 October 1906

Includes amendments: Act No. 22, 1906

About this compilation

This is a compilation of the Pacific Island Labourers Act 1901 that shows the text of the law as amended and in force on 12 October 1906 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

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

1 Short title

This Act may be cited as the Pacific Island Labourers Act 1901.

2 Definitions

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

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

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

4 Nor before that date, except under a licence

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

5 Licences not to be granted except as provided

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

6 Licences during 1901 and 1902

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.

7 No agreements after 31st December, 1906

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

8 Power to deport labourers

(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.

8A Certificates of exemption

(1) The Minister may grant a certificate to any Pacific Island labourer excepting him from all or any of the provisions of this Act.

(2) Certificates under this section shall be of two classes, namely:

(a) general certificate to be issued only to a Pacific Island labourer who proves to the satisfaction of the Minister:

(i) That he was introduced into Australia prior to the first day of September, One thousand eight hundred and seventy‑nine; or

(ii) That he is of such extreme age, or is suffering from such bodily infirmity as to be unable to obtain a livelihood if returned to his native island; or

(iii) That having been married before the ninth day of October, One thousand nine hundred and six, to a native of some island other than his own, he cannot be deported without risk to the life of either himself or his family; or

(iv) That he has been married before the ninth day of October, One thousand nine hundred and six to a female not a native of the Pacific Islands; or

(v) That he was on the first day of July, One thousand nine hundred and six, and still is, registered as the beneficial owner of a freehold in Queensland; or

(vi) That he has been continuously resident in Australia for a period of not less than twenty years prior to the thirty‑first day of December, One thousand nine hundred and six; and

(b) special certificate (not to be issued or remain in force after the thirtieth day of June, One thousand nine hundred and seven), to be issued to a Pacific Island labourer whom in the opinion of the Minister it will not be convenient to return to his island immediately after the thirty‑first day of December, One thousand nine hundred and six.

(3) A special certificate under this section shall, subject to the terms and conditions expressed in the certificate, have the effect of excepting the Pacific Island labourer mentioned therein from any specified provisions of this Act, but may be cancelled by the Minister at any time.

(4) A general certificate under this section shall, subject to the terms and conditions expressed in the certificate, have the effect of excepting the Pacific Island labourer mentioned therein from any specified provisions of this Act, but may be cancelled by the Minister if at any time he has reason to think such certificate has been obtained by false and fraudulent representation.

9 Penalty

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.

10 Onus of proof that person is not Pacific Island labourer

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.

11 Regulations

(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.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	orig = original
am = amended	p = page(s)
amdt = amendment	para = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
ch = Chapter(s)	pres = present
cl = clause(s)	prev = previous
cont. = continued	(prev…) = previously
def = definition(s)	pt = Part(s)
Dict = Dictionary	r = regulation(s)/Court rule(s)
disallowed = disallowed by Parliament	reloc = relocated
div = Division(s)	renum = renumbered
ed = editorial change	rep = repealed
exp = expires/expired or ceases/ceased to have	rs = repealed and substituted
effect	s = section(s)/subsection(s)
gaz = gazette	/rule(s)/subrule(s)/order(s)/suborder(s)
LA = Legislation Act 2003	sch = Schedule(s)
LIA = Legislative Instruments Act 2003	SLI = Select Legislative Instrument
(md) = misdescribed amendment can be given	SR = Statutory Rules
effect	sub ch = Sub‑Chapter(s)
(md not incorp) = misdescribed amendment	sub div = Subdivision(s)
cannot be given effect	sub pt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced
Ord = Ordinance

Endnote 3—Legislation history

Act (Register ID)	Number and year	Assent	Commencement	Application, saving and transitional provisions
Pacific Island Labourers Act 1901 (C1901A00016)	16, 1901	17 Dec 1901	17 Dec 1901
Pacific Island Labourers Act 1906 (C1906A00022)	22, 1906	12 Oct 1906	12 Oct 1906	—

Endnote 4—Amendment history

Provision affected	How affected
s 8A....................	ad No 22, 1906