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Immigration Restriction Act 1901 Essay Format

The administration of the Immigration Restriction Act was overseen by the Department of External Affairs, but the day-to-day work was undertaken by the state-based Collector of Customs/Department of Customs & Excise.

The Collectors of Customs had been responsible for administering colonial immigration restriction laws, and each had their own systems in place when the new federal legislation was implemented from 1902. Atlee Hunt, Secretary of the Department of External Affairs for the first two decades of the 20th century, set about ensuring that officials in each state implemented federal policy consistently, issuing a book of published guidelines as well as dozens of circulars that kept Customs officials up-to-date on decisions made by the Department.

The chap pictured below is WH Barkley, who was the New South Wales Collector of Customs between 1914 and 1933. His signature can be seen on hundreds of CEDTs issued in Sydney during that period.

Anyway, the different recordkeeping systems used by the state Collectors of Customs means that each state/territory now has a different set of records of CEDT applications and certificates.

To me, the system in Sydney seems pretty nicely organised – basically there is one series with correspondence files containing the applications (Form 22), another series that holds copies of the CEDTs that were issued in Sydney (Form 21), another that has the duplicate CEDTs (and other papers including Form 32s) of people arriving back into Sydney. (Okay, it’s really more complicated than that, but let’s not confuse things too much.)

Things are also very tidily done in Darwin (although on a much smaller scale), with all the paper work filed in the one file – the application (Form 22), the CEDT (Form 21), the return authorisation form (Form 32) as well as any other correspondence.

This post is an attempt to document what CEDT applications and certificates exist for each state, what series they are in, and whether they’re available online through RecordSearch. My list also includes registers of applications, as well as records that were created under colonial legislation.

NOTE: Although I’ve done a lot of research using the Sydney records in the flesh, most of what I know about records in the other states is based on what can be found in RecordSearch and in the National Archives’ guide to Chinese records. There will, therefore, be gaps! Any contributions of local knowledge gratefully accepted (especially Tasmania and South Australia).

NOTE TOO: These are the ‘main’ series with CEDT applications and certificates. There are other odd series that also include CEDT stuff that I haven’t included.

New South Wales

Applications: SP11/26

Series number: SP11/26
Series name: Applications for Certificates of Domicile
Dates: 1902
Contents: Applications by for certificates of domicile. Included are references, statutory declarations, submissions, and the Minister’s decision.
Location: Sydney
Shelf metres: 0.18 m

Number of items listed in RecordSearch: 27 (100 % of series)
Number of items digitised in RecordSearch: 0
Item title: Includes person’s name, so can be searched by name.
Item titles example: William Ah Bow, application for a certificate of domicile [7 pages and 4 photographs]

Link to series description in RecordSearch:NAA: SP11/26
Link to example item in RecordSearch: NAA: SP11/26, A1

Applications: SP42/1

Series number: SP42/1
Series name: Correspondence of the Collector of Customs relating to Immigration Restriction and Passports
Dates: c.1898–1948
Contents: Correspondence files, varying in size from a few to dozens of pages, mostly concerning one person or family group. Because this series stretches over several decades, the contents varies a bit. Most later files include Form 22.
Location: Sydney
Shelf metres: 119.79 m

Number of items listed in RecordSearch: 6531 (% of series unknown, but probably a significant proportion)
Number of items digitised in RecordSearch: 722 (as of 29 July 2010)
Item title: Generally includes personal name of subject/s, so can be searched by name.
Item title example: Ah Sun [includes 2 photographs showing front and side views] [box 106]

Link to series description in RecordSearch:NAA: SP42/1
Link to example item in RecordSearch:NAA: SP42/1, C1917/4159

Certificates: SP115/10

Series number: SP115/10
Series name: Certificates Exempting from the provisions of ‘The Influx of Chinese Restriction Act 1881’
Dates: 1884–88
Contents: Includes about 450 exemption certificates issued under the NSW 1881 Act and 2 certificates and documents relating to the 1861 Act. The certificates include scant information about the applicants themselves, giving their name, date of issue of the certificate and period of exemption. There may be handwritten annotations on the front and back, some in Chinese, which provide more personal information such as occupation, age and height.
Location: Sydney
Shelf metres: 0.72 m

Number of items listed in RecordSearch: 1 (Whole series item)
Number of items digitised in RecordSearch: 0
Item title: 1 item only. Certificates are not listed as individual items.
Item title example: Certificates Exempting from the provisions of ‘The Influx of Chinese Restriction Act 1881’

Link to series description in RecordSearch:NAA: SP115/10
Link to example item in RecordSearch: NAA:SP115/10, WHOLE SERIES

Certificates: ST84/1

Series number: ST84/1
Series name: Certificates of Domicile and Certificates of Exemption from Dictation Test, chronological series
Dates: c.1903–53
Contents: Certificates of Domicile and CEDTs (Form 21). Each item includes a bundle with the certificates of about 10 people. There may be used duplicate copies of the certificates and other material including Form 32.
Location: Sydney
Shelf metres: 49.14 m

Number of items listed in RecordSearch: 2754 (probably 100% of series)
Number of items digitised in RecordSearch: 344 (as of 29 July 2010)
Item title: Includes the names of certificate holders, so can be searched by name.
Item title example: Jong Say, Wong Kwong, Lee You Wing, Foo Gun, Mar Kum, Gock Buck, Ah Get, Jeong Keong, Percy Zuinn and Ah Yum [Certificate Exempting from Dictation Test – includes left hand impression and photographs] [box 122]

Link to series description in RecordSearch:NAA: ST84/1
Link to example item in RecordSearch: NAA: ST84/1,1908/11/31-40

Used certificates: SP115/1

Series number: SP115/1
Series name: Folders containing Certificates of Exemption and related papers for passengers arriving in Australia by ship, chronological series
Dates: c.1911–43
Contents: CEDTs (Form 21) and other identity documents (such as birth certificates) of people arriving into Sydney, as well as completed Form 32s which document why they were exempted from the Immigration Restriction Act. Each item contains the documents of multiple people.
Location: Sydney
Shelf metres: 24.84 m

Number of items listed in RecordSearch: 1433 (probably about 80% of series – items from 1911–14 are not listed in RecordSearch)
Number of items digitised in RecordSearch: 6 (it seems that for most of these the whole item has not been copied) (as of 29 July 2010)
Item title: Gives the name of the ship and the date of its arrival. Does not include people’s names.
Item title example: EASTERN 20/12/1922 [part 3] [Certificates of Exemption for passengers; includes photographs] [2.5cm]

Link to series description in RecordSearch:NAA: SP115/1
Link to example item in RecordSearch: NAA: SP115/1, BOX 18

Used certificates: SP11/6

Series number: SP11/6
Series name: Certificates of Exemption from Dictation Test (Forms 32 and 21)
Dates: 1902–46
Contents: Documents held in this series are, for the most part, similar to those held in SP115/1. The files contain copies of Form 32 and CEDTs (Form 21) or other identity documents of Chinese arriving into Sydney from overseas.
Location: Sydney
Shelf metres: 1.62

Number of items listed in RecordSearch: 100 (100% of series)
Number of items digitised in RecordSearch: 0
Item title: Gives the name of the ship and the date of its arrival. Does not include people’s names.
Item title example: Certificate Exempting From Dictation Test Immigration Act 1901-1925: Chinese passengers per SS Tango Maru Sydney 11/10/26 [Box 2]

Link to series description in RecordSearch:NAA: SP11/6
Link to example item in RecordSearch: SP11/6, NN

Register of applications: SP726/1

NOTE: This series does not contain application forms and certificates like the others listed. It is included here, however, as it provides a full record of the CEDTs issued in Sydney.

Series number: SP726/1
Series name: Register of Applications for Certificate of Exemption Dictation Tests
Dates: 1902–59
Contents: 6 volumes listing details of people who applied for CEDTs in Sydney. Registers list details such as name, certificate and file numbers and dates of travel. The registers have a name index at the front.
Location: Sydney
Shelf metres: 0.9 m

Number of items listed in RecordSearch: 6 (100% of series)
Number of items digitised in RecordSearch: 0
Item title: Description of register and date range
Item title example: Register of names relating to exemption from Dictation Tests (1902-1910)

Link to series description in RecordSearch:NAA: SP726/1
Link to example item in RecordSearch: NAA: SP726/1, BOOK 1

Victoria

Applications & certificates: B13

Series number: B13
Series name: General and classified correspondence, annual single number series
Dates: From 1902
Contents: Correspondence files of the Department of Customs & Excise/Department of Trade & Customs, concerning a range of Customs matters including immigration restriction. Because of culling, most files before the 1930s relate to immigration restriction. Files can include applications, supporting correspondence, photographs and certificates.
Location: Melbourne
Shelf metres: 104.08 m

Number of items listed in RecordSearch: 20,120 (100% of series)
Number of items digitised in RecordSearch: 131
Item title: Case files include person’s name, so can be searched by name.
Item title example: Ah Lipp – application for Certificate of Exemption from Dictation Test

Link to series description in RecordSearch:NAA: B13
Link to example item in RecordSearch: NAA: B13, 1908/4495

Register of applications: B6003

NOTE: This series does not contain application forms and certificates like the others listed. It is included here, however, as it provides a record of the CEDTs issued in Melbourne.

Series number: B6003
Series name: Registers of Certificates Exempting from the Dictation Test (Departures), Melbourne
Dates: 1904–59
Contents: Three volumes of registers recording details of people departing Melbourne on CEDTs, noting the following details: Vic. no., CEDT Book no., C&E file no., date of issue, name, age, nationality, occupation, address, period of residence in the Commonwealth, departure – date and vessel and port, return – date and vessel and port, examined by, remarks. The registers date 1904–14, 1915–33 and 1934–59.
Location: Melbourne
Shelf metres: 0.72 m

Number of items listed in RecordSearch: 3 (100% of series)
Number of items digitised in RecordSearch: 0
Item title: All 3 items have the same item title
Item title example: Register of Certificates Exempting from the Dictation Test (Departures), Melbourne

Link to series description in RecordSearch:NAA: B6003
Link to example item in RecordSearch: NAA: B6003, NN

Queensland

Certificates: J2481

Series number: J2481
Series name: Proclamations under The Chinese Immigration Restriction Act 1888 & related correspondence, annual single number series
Dates: 1897–1902
Contents: Proclamations issued during the years 1897–1902 exempting persons named from the provisions of the Chinese Immigration Restriction Act 1888 for a period of two years from the date of departure from Australia. They are in a standard form with photographs and personal details.
Location: Brisbane
Shelf metres: 1.8 m

Number of items listed in RecordSearch: 858 (100% of series)
Number of items digitised in RecordSearch: 858
Item title: Includes person’s name, so can be searched by name.
Item titles example: Foo Lang

Link to series description in RecordSearch:NAA: J2481
Link to example item in RecordSearch: NAA: J2481, 1899/298

Certificates: J2482

Series number: J2482
Series name: Certificates of Domicile issued under The Immigration Restriction Act 1901 and Regulations, annual single number series
Dates: 1902–06
Contents: Certificates of Domicile (Form 21)
Location: Brisbane
Shelf metres: 1.8 m

Number of items listed in RecordSearch: 799 (100% of series)
Number of items digitised in RecordSearch: 798
Item title: Includes person’s name, place of residence and birthplace, so can be searched by name
Item titles example: Ah Tong of Redlynch near Cairns, Qld – birthplace: Canton, China – departed Cairns, Queensland on the Changsha 27 July 1904

Link to series description in RecordSearch:NAA: J2482
Link to example item in RecordSearch: NAA: J2482, 1903/99

Certificates: J2483

Series number: J2483
Series name: Certificates Exempting from Dictation Test [CEDT] issued under “The Immigration Restriction Acts 1901-1905” and Regulations (and amending legislation), two number series
Dates: 1908–56
Contents: CEDTs (Form 21) and Form 32s. Each item contains one certificate (and duplicate) and one Form 32.
Location: Brisbane
Shelf metres: 30.6 m

Number of items listed in RecordSearch: 14,429 (100% of series)
Number of items digitised in RecordSearch: 203
Item title: Includes person’s name, nationality and birthplace, so can be searched by name.
Item titles example: Certificate Exempting from Dictation Test (CEDT) – Name: Margaret Chun Tie [also known as Margaret Choy Larn] – Nationality: Chinese [Australian born] – Birthplace: Croydon

Link to series description in RecordSearch:NAA: J2483
Link to example item in RecordSearch: NAA: J2483, 18/9

Applications: J3115

Series number: J3115
Series name: Alien Immigration files relating to applications for Certificate of Domicile, Certificates of Exemption from the Chinese Immigration Restriction Act 1888 and Certificates of Exemption from the Dictation Test that includes photographs, birth certificates and other historical documents, imposed single number series
Dates: 1899–1928
Contents: Applications for Certificates of Domicile and some for CEDTs, also applications under earlier colonial legislation, so contents of the files is not consistent.
Location: Brisbane
Shelf metres: 2.17 m

Number of items listed in RecordSearch: 161 (100% of series)
Number of items digitised in RecordSearch: 62
Item title: Includes person’s name and where they live, so can be searched by name.
Item titles example: Certificate of Domicile for Young Chin, a storekeeper from Cairns – includes photographs

Link to series description in RecordSearch:NAA: J3115
Link to example item in RecordSearch: NAA: J3115, 25

Registers: BP343/15

Series number: BP343/15
Series name: Registers of aliens departing from the Port of Townsville who were granted a certificate exempting from dictation test [CEDT]
Dates: 1916–55
Contents: Details of aliens leaving the Commonwealth via the Port of Townsville for a temporary period who were been granted a CEDT. The vast majority of records contain a name, description, nationality, place of birthplace, right handprint, place and date fee paid, warrant number, date of departure and name of ship, date of return and name of ship, and number of CEDT. Most also
contain 2 photographs, showing full face and profile.
Location: Brisbane
Shelf metres: 5.22 m

Number of items listed in RecordSearch: 2566 (100% of series)
Number of items digitised in RecordSearch: 17
Item title: Includes person’s name, place of residence, nationality and birthplace, so can be searched by name.
Item titles example: Name: Willie Mar (of Richmond) – Nationality: Chinese – Birthplace: Canton – Certificate of Exemption from the Dictation Test (CEDT) number: 336A/87

Link to series description in RecordSearch:NAA: BP343/15
Link to example item in RecordSearch:NAA: BP343/15, 13/872

Western Australia

Applications: PP4/2

Series number: PP4/2
Series name: Applications for CEDTs with supporting documents, annual single number series
Dates: c.1915–41
Contents: Applications for CEDTs, accompanied by references, photographs of the applicant, and reports by the police and customs officials regarding the character etc of the applicant. Includes Form 22s.
Location: Perth
Shelf metres: 5.22 m

Number of items listed in RecordSearch: 611 (100% of series)
Number of items digitised in RecordSearch: 3
Item title: Includes the name of the person and their ethnicity (Japanese, Chinese etc), so can be searched by name.
Item title example: Quong Leong SET [Chinese] [Application for certificate of exemption from dictation test]

Link to series description in RecordSearch:NAA: PP4/2
Link to example item in RecordSearch:NAA: 1931/94

Applications: PP6/1

NOTE: This series has one of the best series descriptions that I have ever seen in RecordSearch.

Series number: PP6/1
Series name: Correspondence files [subject and client], annual single number series with ‘H’ infix
Dates: 1926–50
Contents: Immigration correspondence files, including those concerning applications for CEDTs. The series also documents other immigration functions such as temporary admissions and naturalisation. Only a small proportion of files in the series concern Chinese, Japanese etc.
Location: Perth
Shelf metres: 36.54 m

Number of items listed in RecordSearch: 6005 (100% of series)
Number of items digitised in RecordSearch: 58
Item title: Includes the name of the applicant and what the file was about, so can be searched by name.
Item title example: Yick YOU [Application for Certificate of Exemption of Dictation Test]

Link to series description in RecordSearch:NAA: PP6/1
Link to example item in RecordSearch:NAA: PP6/1, 1927/H/325

Certificates: K1145

Series number: K1145
Series name: Certificates of Exemption from Dictation Test, annual certificate number order
Dates: c.1901–45
Contents: Contains CEDTs (Form 21) arranged in certificate number order commencing at one (1) each year.
Location: Perth
Shelf metres: 6.84 m

Number of items listed in RecordSearch: 4787 (100% of series)
Number of items digitised in RecordSearch: 24
Item title: Includes person’s name and ethnicity, so can be searched by name.
Item title example: Ah Kett [Chinese]

Link to series description in RecordSearch:
NAA: K1145
Link to example item in RecordSearch: NAA: K1145, 1918/137

Northern Territory

Applications and certificates: E752

Series number: E752
Series name: Certificate Exempting from Dictation Test
Dates: 1905–41 (most date from 1915 and after)
Contents: Applications for CEDTs (and one Certificate of Domicile), CEDTs and correspondence. The series includes Form 21s (CEDTs) and Form 32s, which were completed on return to Australia.
Location: Darwin
Shelf metres: 4.5 m

Number of items listed in RecordSearch: 720 (100% of series)
Number of items digitised in RecordSearch: 715
Item title: Includes the name of the applicant, so can be searched by name.
Item title example: [Certificate of Exemption from Dictation Test – Fong Yan]

Link to series description in RecordSearch:NAA: E752
Link to example item in RecordSearch: NAA: E752, 1917/11

South Australia

Register of applications: D2860

Series number: D2860
Series name: Immigration Restriction Act exemption certificate register
Dates: 1902–57
Contents: A register and alphabetical index of CEDTs and related matters. Includes a chronological record of departures from various Australian ports of holders of CEDTs showing date of issue, certificate number, person to whom issued (full name), date of departure, ship (and port if other than Adelaide), certifying officer, correspondence reference number, and number of previous certificate (if any). There are corresponding details for the certificate holder’s return to Australia as follows: date, ship, certifying officer, remarks. The volume is divided into other sections including birth certificates, applications for CEDTs refused, lapsed applications for CEDTs and CEDTs issued in other states to applicants departing from Port Adelaide.
Location: Sydney (a copy is held in Adelaide)
Shelf metres: 0.81 m

Number of items listed in RecordSearch: 1 (100% of series)
Number of items digitised in RecordSearch: 0
Item title: 1 item only
Item title example: Immigration Restriction Act exemption certificate register

Link to series description in RecordSearch:NAA: D2860
Link to example item in RecordSearch: NAA: D2860, WHOLE SERIES

Immigration Restriction Act 1901
Parliament of Australia
An Act to place certain restrictions on Immigration and to provide for the removal from the Commonwealth of prohibited Immigrants
Date of Royal Assent23 December 1901
Date repealed1 June 1959
Introduced byEdmund Barton (5 June 1901)
Amendments
1905, 1908, 1910, 1912, 1920, 1924, 1925, 1930, 1932, 1933, 1935, 1940, 1948, 1949
Repealing legislation
Migration Act 1958[1]
Status:Repealed

The Immigration Restriction Act 1901[2] was an Act of the Parliament of Australia which limited immigration to Australia and formed the basis of the White Australia policy which sought to exclude all non-Europeans from Australia. The law granted immigration officers a wide degree of discretion to prevent individuals from entering Australia. The Act prohibited various classes of people from immigrating and provided for illegal immigrants to be deported.[3]

Because of opposition from the British government, a more explicit racial policy was avoided in the legislation, with the control mechanism being a dictation test, which required a person seeking entry to Australia to write out a passage of fifty words dictated to them in any European language, not necessarily English, at the discretion of an immigration officer. The test was not designed to allow immigration officers to evaluate applicants on the basis of language skills, rather the language chosen was always one known beforehand that the person would fail.[4]

The initial bill was based on similar legislation in South Africa.[4]

Provisions of the Act[edit]

General[edit]

The Act specifically prohibited various classes of people from immigrating, including people with infectious diseases and people who had recently been imprisoned.[5]

The Act automatically allowed certain classes of people to enter Australia, such as all members of the British Army or the Royal Navy, the captain and crew of any ship visiting an Australian port, any person sent on the business of a foreign government, family members of permitted immigrants, and former residents of Australia.[6]

Prospective immigrants were allowed to apply for a Certificate of Exemption, issued by the Minister for External Affairs (or a representative), which would exempt a person from the provisions of the Act such as the dictation test for a specified time.

Dictation test[edit]

The Act provided that any would-be immigrant could be subjected to a 50 word dictation test:

"Any person who when asked to do so by an officer fails to write out at dictation and sign in the presence of the officer a passage of fifty words in length in an European language directed by the officer" [5]

Such a person would be a "prohibited immigrant" and was to be prevented from landing.[7]

This was similar to tests previously used in Western Australia, New South Wales and Tasmania. It enabled immigration officials to exclude individuals on the basis of race without explicitly saying so. After 1903 the passage chosen was not important in itself as it was already decided the person could not enter Australia and so failure was inevitable. Although the test could theoretically be given to any person arriving in Australia, in practice it was given selectively on the basis of race, and others considered undesirables.[8][9] Between 1902 and 1909, only 59 people passed the test out of 1,359 who were given it. After 1903 passes were largely due to early immigration officers not understanding their role in this fraud or being unable to choose a language other than English. No-one passed the dictation test after 1909.[3]

Offences[edit]

The Act established a range of federal crimes relating to immigration. Illegal immigrants could be imprisoned for up to six months, and could then be deported. Both the captain and the owners of ships which transported illegal immigrants to Australia could be fined GBP 100 for each immigrant, unless the immigrant was European. The Minister for Foreign Affairs was also able to detain ships which were suspected of carrying illegal immigrants. People who brought ill or insane immigrants into Australia were also liable for the costs of caring for them, on top of other penalties.

Controversies[edit]

Main article: Attempted exclusion of Egon Kisch from Australia

The dictation test came into disrepute when it began to be used to exclude and deport individuals which the government considered undesirable.

Jewish political activist Egon Kisch from Czechoslovakia, who was exiled from Germany for opposing Nazism, arrived in Australia in 1934. The Government of Joseph Lyons went to extraordinary lengths to exclude Kisch, including using the dictation test. Kisch was fluent in a number of European languages, and after completing passages in several languages, he finally failed when he was tested in Scottish Gaelic. The officer who tested him had grown up in northern Scotland, and did not have a particularly good grasp of Scottish Gaelic himself. In the High Court case of R v Wilson; ex parte Kisch the court found that Scottish Gaelic was not within the fair meaning of the Act, and overturned Kisch's convictions for being an illegal immigrant. The failure to exclude Kisch brought the dictation test into widespread public ridicule.

In 1936, the dictation test was controversially used again to exclude Mabel Freer, a white British woman born in India. She was twice set the test in Italian, which she failed. <[10]> In the face of a long press and legal campaign for her admission, the government was unable or unwilling to provide a convincing reason for her exclusion and eventually she was admitted, welcomed by a huge crowd at the quay in Sydney. Interior MinisterThomas Paterson resigned from the Lyons Cabinet in 1937 as a result of the controversy.

Changes to the Act[edit]

At first the dictation test had to be given in any European language and the dictation test could be administered any time within the first year of a person's arrival to Australia. In 1905 the Act was amended to allow the government to prescribe the languages in which the test could be given. This wording was used to placate the objection from Japan that only European languages could be used. In 1932 the period during which the test could be given was extended to the first five years of residence and officials could give the test to an individual an unlimited number of times.

The Immigration Restriction Act was replaced by the Migration Act 1958,[1] which replaced the dictation test with a universal visa system (or entry permits), and removed many of the other restrictions, although many migrants from southern Europe and Asia were already living in Australia, some of them having arrived as refugees during or after World War II.

See also[edit]

References[edit]

Reading[edit]

External links[edit]