1Emigration Act 1910

EMIGRATION.

No. 26 of 1910.

An Act relating to the Emigration from Australia of Young Persons and Aboriginal Natives.

[Assented to 25th November, 1910.]

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 Emigration Act 1910.

Definitions.

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

“Aboriginal native” means an aboriginal native of Australia and includes any native having one aboriginal parent;

“Child” means a child under the age of eighteen years in the case of a female child, and sixteen years in the case of a male child;

“Guardian” includes any person (not being a parent of the child or aboriginal native) who has or assumes the actual custody or care of any child or aboriginal native;

“Officer” means any officer appointed under this Act or any officer of Customs or any member of the police force of a State;

“Prohibited emigrant” means any person whose emigration from Australia is prohibited by this Act.

Emigration of children and natives prohibited in certain cases.

3.—(1.) The emigration from, or taking out of, the Commonwealth, except in pursuance of a permit under this Act, of any of the following persons is prohibited—

(a) any child who is under contract to perform theatrical, operatic, or other work outside the Commonwealth;

(b) any child of European race or extraction unless in the care or charge of some adult person of European race or extraction; and

(c) any aboriginal native.

(2.) Any person who takes or attempts to take any child or aboriginal native out of the Commonwealth in contravention of this section shall be guilty of an offence against this section.

(3.) Proceedings for an offence against this section may be instituted for the summary conviction of the accused or for his commitment for trial on indictment.

(4.) A person convicted of an offence against this section shall be punishable as follows:—

(a) if convicted on indictment, by imprisonment not exceeding two years, or by a penalty not exceeding Two hundred pounds;

(b) if convicted by a court of summary jurisdiction, by imprisonment not exceeding six months, or by a penalty not exceeding One hundred pounds.

(5.) No permit shall be given under paragraphs (a) and (b) of sub-section (1.) of this section unless the Minister or authorized officer is satisfied that the child will not be subject to conditions liable to be detrimental to its welfare.