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others. (k) Any person who advocates the overthrow by force or violence of the established government of the Commonwealth or of any State or of any other civilized country, or of all forms of law, or who advocates the abolition of organized government, or who advocates the assassination of public officials or who advocates or teaches the unlawful destruction of property, or who is a member of or affiliated with any organization which entertains and teaches any of the doctrines and practices specified in this paragraph; (1) For a period of five years after 1920, and thereafter until a time determined by the Governor-General, any one who is, in the opinion of an officer, of German, Austro-German, Bulgarian or Hungarian parentage and nationality, or is a Turk of Ottaman race: (m) Any person, not under sixteen years of age, who fails to produce a passport on demand ( a) which was issued to him by the Imperial Government or a Government recognized by the Imperial Government; (b) which contains a personal description sufficient to identify him, and to which is attached a photograph of him; and (c) which is still in force: (n) Any person who has been deported in pursuance of any act.

THE "DICTATION" TEST

Regarding the literacy test, it may be stated that the Act of 1901 provided for the writing from dictation by the applicant of not fewer than fifty words of a European language. The Act of 1905 provided for the retention of this test until regulations be passed prescribing the language to be employed. No such regulations have yet been made, and the provision of the Act of 1901 is therefore de facto still in force. It may be said that in general practice the dictation test is not imposed upon persons of European race.

MEDICAL BUREAUX AND THEIR WORK

Regarding health certificates, the Amending Act of 1912 provides for the establishment of Commonwealth Medical Bureaux at places outside the Commonwealth, and the appointment of medical referees to examine intending immigrants

and issue certificates of health in the prescribed form, on payment of a prescribed fee. A chief medical officer has already been appointed to take charge of the Bureaux attached to the High Commissioner's Office in London. This officer arranges for the selection of suitable medical referees for appointment to act at various centres throughout the United Kingdom.

Provision is also made for the medical examination of, and the issue of certificates of health to, intending immigrants who embark at a port where there is no medical referee or who arrive in the Commonwealth without a certificate in the prescribed form.

Pending the proper organization in the United Kingdom of the Medical Bureaux and the appointment of medical referees, the requirement that immigrants must produce a certificate of health on arrival in Australia will not be enforced.

EXEMPT FROM MEDICAL CERTIFICATES

From these restrictions imposed by law the following persons are exempted: (a) Any person holding an exemption certificate. (b) Members of the King's regular land and sea forces. (c) The master and crew of any public vessel of any Government. (d) The master and crew of any other vessel landing during the stay of the vessel in a Commonwealth port. The exemption of members of a crew during the vessel's stay in port is subject to the production of identification cards to an officer on demand. This provision will not be enforced in respect to white members of a crew, but there is a further provision which empowers an officer to refuse any member of a crew permission to land unless he is satisfied that such person is free from a communicable disease. Before the ship can obtain her outward clearance the crew must, at the demand of an officer administering the Act, be mustered, and if any member of the crew be missing, who would otherwise, in the opinion of the officer, have been a prohibited immigrant, then

such person is deemed to be a prohibited immigrant, and until the contrary be proved, to have entered the Commonwealth contrary to the Act. (e) Any Commissioner of, or other person accredited from, the Imperial or any other Government.

GENERAL PROVISIONS

Among general provisions, we find that an immigrant may be required to pass the dictation test at any time within two years after he has entered the Commonwealth. This applies particularly to colored persons, but any immigrant found within three years of entering the Commonwealth to be suffering from a prohibitory disease or defect may be deemed to be a prohibited immigrant unless it is proved to the Minister's satisfaction that he was free from the disease or disability at the time of his arrival in Australia.

A prohibited immigrant may, at the discretion of an officer, be allowed to enter the Commonwealth, or to remain within it, upon depositing 100 pounds and within thirty days either obtaining an exemption certificate or departing from the Commonwealth; in either case the deposit is returned. The punishment for breach of the Act by a prohibited immigrant is imprisonment for six months and deportation in addition to, or in substitution for such imprisonment if so ordered.

The law also prescribes the liabilities of shipmasters and others. The master, owners, agents, and charterers of a vessel from which a prohibited immigrant enters the Commonwealth are liable to a penalty of 100 pounds for each entrant. The vessel may be detained as security, but may be released upon the giving of a bond with two securities for the payment of any penalties; it may also be seized and sold in default of payment of penalties. The master, owners, agents, and charterers may be required to provide a return passage for the prohibited immigrant and to pay for his maintenance during his detention prior to deportation. Masters of vessels are authorized to prevent such a person from landing, and to obtain any necessary assistance.

STOWAWAYS

Under the immigration Restriction Act of 1908, 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 bona fide passenger of the vessel, or (b) a member of the crew of the vessel whose name is on the articles, is deemed to be a stowaway, unless the master gives notice that the person is on board the vessel, and does not permit him to land until an officer has had an opportunity of satisfying himself that the person is not a prohibited immigrant. The master, owners, agents, and charterers of a vessel are jointly and severally liable to a penalty of 100 pounds for each stowaway brought into any port in Australia. The Immigration Act, 1912 provides for a penalty of 200 pounds for each stowaway in cases where the master has been convicted of a similar offense within the preceding twelve months. Power is given to search vessels for stowaways. The Immigration Restriction Act, 1910, provides penalties for being concerned in bringing immigrants secretly to the Commonwealth.

AGREEMENTS WITH OTHER COUNTRIES

Arrangements may be made with the Government of any country regulating the admission into Australia of the subjects or citizens of such country, such subjects not being, during the continuance of the arrangement, required to pass the dictation test.

Persons who have resided either continuously or from time to time in the Commonwealth for a period of five years on the whole, and who are about to depart from it, being persons who, if they return, would be prohibited immigrants, may obtain a certificate of exemption entitling them to return. These certificates are granted by the Minister for Home and Territories, whose department administers the Act, and by the Collector of Customs in each state.

EXAMPLES OF EXCLUSION

The law provides machinery for its enforcement, and for rigid medical examinations. Although the prohibited classes are many, there are because of strict supervision but few

applicants excluded from year to year. The adventure of going such a distance is too great to be attempted by the unfit, or any who are likely to be refused admission. According to the Report of the United States Immigration Commission 10 during the five years from 1902 to 1907, only 1090 immigrants were excluded from Australia. The races represented were:

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Of the Asiatics in this group all but two were refused admission because of failure to pass the dictation test. The 803 excluded during the eight years from 1912 to 1920 were also almost entirely Asiatics.

DISTRIBUTION OF IMMIGRANTS BY STATES

In order to show the distribution of immigrants into the various states, the following table is presented:

Immigration into the Several States, 1912-20

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10 Vol. 40, page 171. Quoted by Jenks and Lauck. Problem of Immigration, page 283.

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