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Immigration Restriction Regulations

Authoritative Version
Regulations as made
Principal Regulations
Gazetted 03 Jan 1902
Date of repeal 01 Feb 1906
Repealed by Immigration Restriction Regulations (Provisional)

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.

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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.

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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.