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1901.]	1 Edwardi VII	[No.

	No 16 of 1901

	A N   A C T

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:—
		
	1.  This Act may be cited as the Pacific Island Labourers Act 1901.
	Short title.	
	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
	Definitions.	

1 Edw. VII.]	Pacific Island Labourers	[No.		2

		“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.		
	3.  No Pacific Island labourer shall enter Australia on or after the 
thirty-first day of March, One thousand nine hundred and four.	No Pacific Island labourer to enter after 31st March, 1904.	
	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	Nor before that 
date, except under 
a licence.
	
	5.  No licence shall be granted except as provided in this Act. 	Licences not to be
granted except as provided.	
	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.
	Licences during
1901 and 1902.	
	      7.  No agreement shall be made or remain in force after the thirty-first day of December, One thousand nine hundred and six.
	No agreements 
after 31st
December, 1906.	
	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	Power to deport labourers.	

1 Edw. VII.]	Pacific Island Labourers	[No.		3

		(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.
		
		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
	Penalty.	
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.  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.
	Onus of proof that person is not Pacific Island labourer.	
	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.
	Regulations.	
	I hereby certify that the above is a fair print of the Bill intituled “An Act to provide for the Regulation, Restriction, and Prohibition of the Introduction of Labourers from the Pacific Islands and for other purposes,” which has been passed by the Senate and the House of Representatives, and that the said Bill originated in the House of Representatives.

						[C. Gavan Duffy]
			Clerk of the House of Representatives.
		In the name and on behalf of His Majesty, I assent to this Act.

		[Hopetoun]
		Governor-General.
	[Government House]
	[17th December 1901]	

______________________
Printed and Published for the Government of the Commonwealth of Australia by Robt. S. Brain
Government Printer for the State of Victoria.

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