Page:Digitized version of Immigration Restriction Act 1901.pdf/5

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5
1 Edw. VII.
Immigration Restriction
[No.

Powers of detaining officer. (2) For the purposes of the detention and other lawful dealing with the vessel the officer so authorized shall be entitled to obtain such writ of assistance or other aid as is provided under any law relating to the Customs with respect to the seizure of vessels or goods.

Detention to cease if bond given. (3) The detention shall be for safe custody only, and shall cease if a bond with two sufficient sureties to the satisfaction of the Minister or the collector be given by the master owners or charterers of the vessel for the payment of any penalty which may be adjudged under this Act to be paid for the offence or default.

Sale of vessel on default. (4) If default is made in payment of any such penalty, the officer may seize the vessel; and the like proceedings shall thereupon be taken for forfeiting and condemning the vessel as in the case of a vessel seized for breach of any law relating to the Customs, and the vessel shall be sold.

Application of proceeds. (5) The proceeds of the sale shall be applied first in payment of the penalty and of all costs incurred in and about the sale and the proceedings leading thereto, and the balance shall be paid to the owners of or other persons lawfully entitled to the vessel before condemnation and sale.

Contracts for manual labour—when enforceable. 11. No contract or agreement made with persons without the Commonwealth for such persons to perform manual labour within the Commonwealth whereby such persons become prohibited immigrants within the meaning of paragraph (g) of section three shall be enforceable or have any effect.

Assisting persons to contravene Act.
See Natal ib. s. 11,
N.S.W. ib. s. 10.
12. (1) Any person who in any way wilfully assists any other person to contravene or attempt to contravene any of the provisions of this Act, or makes or authorizes any contract or agreement the performance of which would be a contravention of this Act, shall be guilty of an offence against this Act.

(2) Any person who makes or authorizes such contract or agreement shall be liable to the Commonwealth for any expense incurred by the Commonwealth in respect of any immigrant prohibited by reason of the contract or agreement.

Bringing idiots or insane persons into the Commonwealth.
See Natal ib. s. 13;
W.A. ib. s. 13.
13. Any person who is wilfully instrumental in bringing or attempting to bring into the Commonwealth any idiot or insane person contrary to this Act shall, in addition to any other penalty, be liable to the Commonwealth for any expense in respect of the maintenance of the idiot or insane person whilst within the Commonwealth.

Powers to enforce Act.
See Natal ib. s. 14;
W.A. ib. s. 14;
N.S.W. ib. s. 11.
14. Every member of the police force of any State, and every officer, may with any necessary assistance prevent any prohibited immigrant, or person reasonably supposed to be a prohibited immigrant, from entering the Commonwealth, and may take all legal proceedings necessary for the enforcement of this Act.


15. Subject