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Immigration Restriction Act 1908

Authoritative Version
  • - C1908A00025
  • No longer in force
Act No. 25 of 1908 as made
An Act to amend the Immigration Restriction Acts 1901-1905.
Date of Assent 14 Dec 1908
Date of repeal 01 Jun 1959
Repealed by Migration Act 1958

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.”