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An Act to repeal the Immigration Acts, 1911 and 1913, to make further and better provision for encouraging Immigration into South Australia, and for other purposes.
[Assented to, December 6th, 1923.]
E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:
1. This Act may be cited as the "Immigration Act, 1923."
2. The Immigration Acts, 1911 and 1913, are hereby repealed.
Repeal of Acts No. 1057 of 1911, and No. 1134 of 1913.
3. In this Act, unless inconsistent with the context, or some other Interpretation. meaning is clearly intended
Agreement" means an agreement under this Act:
Boy immigrant" means any male person over the age of fifteen years and under the age of twenty-one years who comes to the State from any country with the assistance of the Government of the Commonwealth :
"Girl immigrant means any female person over the age of eighteen years and under the age of twenty years who comes to the State from any country with the assistance of the Government of the Commonwealth :
"Immigrant " means any boy immigrant or girl immigrant as herein before defined.
4. (1) The
4. (1) The Governor may appoint an officer to be styled the Director of Immigration, and such other officers, clerks, and servants as may be necessary for the purpose of carrying this Act into
(2) Every officer, clerk, and servant employed in the Immigration Department of the Public Service of the State at the commencement of this Act is hereby continued in office as if appointed under this Act.
Provisions for Apprenticeship and Placing Out of Immigrants.
(a) at the time of arrival in the State is under twenty years
(b) either before or after coming to the State, signs a statement
the Minister shall have the following powers and functions:-
(2) He may, from time to time, by any such agreement, or other-
(3) He shall have the care, management, and control of the person of such immigrant before he or she is placed out to reside as aforesaid and at any time when he or she ceases to be so placed out, and the supervision of such immigrant whilst so placed out, and at all times shall have the care, management, and control of his or her property.
immigrants whilst not placed out.
6. The Minister may, with the approval of the Governor, appoint Institutions for institutions for the reception, detention, education, and employment of immigrants who come to the State. as mentioned in section 5, and make such provision as he deems necessary for their detention, maintenance, education, and employment in such institutions or in connection therewith.
7. (1) Any agreement may contain provisions, to the satisfaction Provisions of of the Minister, for the proper keeping, maintaining, and (where the agreements. Minister deems it necessary) training and educating of the immigrant, and for the due payment of such wages as are payable thereunder, which in the case of a girl immigrant shall not be less than a boy immigrant of similar age.
(2) Any agreement shall be as effectual as if the immigrant were To be binding notwithstanding of full age at the date thereof, and had voluntarily executed the same. infancy.
8. (1) The Minister may in any agreement provide that all, or Portion of wages such portion as is therein specified, of any wages to become due may be paid to to the immigrant shall be paid by the employer to the Minister, to be held in the name of the Minister, on account of such immigrant ; and every payment made as so provided shall be deemed to be a payment to such immigrant.
(2) All moneys so held by the Minister shall bear interest at such rate as is from time to time determined by the Minister.
9. (1) All or any part of the money so held on account of any immigrant, and the interest thereon, may be expended by the
(a) in repaying to the Government of the Commonwealth any
(c) for the benefit of the immigrant, when and in such manner
(2) The balance (if any) of the moneys so held, and the interest there-
Expenditure of money's held on
behalf of immigrants.
10. (1) The Minister may institute a fund to be called the Establishment of "Immigrants' Sickness and Accident Fund," which shall be formed Sickness and
of Accident Fund.
Recovery of wages by Minister.
Cancellation of apprenticeship agreement on insolvency of employer.
If immigrant absconds or dies notice to be given.
Immigrant not to be transferred or dismissed without consent of Minister.
of subscriptions of the prescribed amount paid by or on behalf of immigrants, and any moneys paid or credited to the said fund under section 17 of this Act and any interest arising from the investment of moneys so subscribed.
(2) The said fund shall be vested in and be under the care, control, and management of the Minister, and shall be invested in such manner as the Minister thinks fit.
(3) The said fund shall be applied for the following purposes, namely:
(a) payment of any expenses incurred by the Minister in connection with the institution and administration of the said fund:
(b) payment of sums of money of the prescribed amount to or on account of any immigrant by or on behalf of whom subscriptions to the said fund have been duly paid, for the purpose of defraying expenses or loss actually incurred by such immigrant by reason of sickness or accident.
11. The wages or earnings due by any person to any immigrant under any agreement, whether payable to such immigrant or not may be sued for and recovered by and in the name of the Minister, for the benefit of the immigrant.
12. If the employer of any immigrant becomes insolvent, or in the opinion of the Minister becomes unable to carry out the terms of the agreement, or in the opinion of the Minister is guilty of such immoral or vicious conduct as to render him unsuitable to continue to be the employer of the immigrant, or is about to remove from the State, or if the Minister for any other reason thinks the agreement ought to be determined, the Minister, on application by such employer or the immigrant, or on his own motion, may make an order releasing and discharging such employer and the immigrant respectively from the agreement, and from every covenant and agreement therein contained or thereby implied.
13. (1) If an immigrant bound or placed out under this Act absconds or dies, the employer shall immediately give such notice and do all such further acts and things as are prescribed; and in default thereof he shall be liable to a penalty not exceeding Five Pounds for every such offence.
(2) If any immigrant bound or placed out under this Act absconds from his or her employer, such immigrant shall be guilty of an offence against this Act and shall be liable to a penalty for a first offence not exceeding Five Pounds and for a second or any subsequent offence to a penalty not exceeding Ten Pounds.
(3) Any immigrant absconding as aforesaid may be apprehended without warrant by any member of the Police Force.
14. No employer shall have power to assign or transfer any agreement, or to transfer or make over to any other person the
services or care of the immigrant thereby bound or placed out, or (in any way) to discharge or dismiss such immigrant without the consent in writing of the Minister first had and obtained, and every such assignment, transfer, or discharge attempted to be made without such consent shall be null and void.
15. (1) When the agreement by or under which an immigrant Control of is bound or placed out has been cancelled, or has otherwise become immigrant when of no effect, the Minister may at any time, by order in writing signed cancelled. by him, require such immigrant forthwith to return to any place or institution to be named in the order; and the Minister may, by the same or a separate order, require the employer forthwith to deliver such immigrant to some person therein named.
(2) Any employer or other person who neglects or fails to obey Penalty for such order shall be liable to a penalty not exceeding Five Pounds.
(3) Any member of the Police Force may, without any warrant, Constable may apprehend such immigrant and bring him or her to the place or apprehend institution named in the order, and for such purpose may enter a warrant. immigrant without upon or into any land or house whereon or wherein the immigrant is or is supposed to be.
16. Any person who
Penalty for taking, removing,
(a) without the authority of the Minister takes or removes harboring, &c. any immigrant from the employer to or with whom such immigrant is apprenticed or placed out under this Act before the expiration of the term of apprenticeship or service or placing out;
(b) directly or indirectly counsels or induces any such immigrant to break his or her agreement, or to abscond from his or her employer before the expiration of the apprenticeship or service or placing out;
(c) prevents any such immigrant from returning to his or her employer; or
(d) knowing any such immigrant to have absconded from his or her employer, harbors or conceals, or assists in harboring or concealing, or gives employment to such immigrant,
shall be liable to a penalty not exceeding Twenty Pounds, or may, at the discretion of the Special Magistrate or Justices, be imprisoned with or without hard labor for any term not exceeding six months.
17. (1) In case the Minister is satisfied that any such immigrant Forfeiture of as mentioned in section 5 has been guilty of misbehaviour, or of moneys in case of wilful neglect of duty, or has absconded from his or her employer, use of same for or has failed to obey the reasonable instructions of the Minister, bonuses. it shall be lawful for the Minister, by writing under his hand, to forfeit any moneys held by the Minister on behalf of such immigrant, or any part of such moneys, and the title of the immigrant to such moneys or part shall thereupon be absolutely determined.