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Aliens – restrictions in South Australia

Aliens – restrictions in South Australia

A document regarding restrictions placed on migrants living in South Australia.

Details

Learning resource record

Creator:

Crown Solicitor of South Australia and Department of External Affairs, Central Office

Date:

1943

Citation:

A989, 1944/43/554/2/1 part 1

Keywords:

  • migration
  • South Australia
  • China
  • White Australia policy

Transcript

[Underlined heading:] MEMORANDUM.

[Underlined heading:] Aliens – Restrictions in South Australia.

Speaking generally, alien friends, such as Chinese, enjoy the same rights in this State as natural born and naturalised British subjects. They may as freely engage in business and employment and qualify for the practice of professions, subject to complying with the statutory requirements for qualification or admission thereto, as any other persons. So far as regards the right to hold and deal with properly is concerned, it has been enacted by section 24 of the Law of Property Act, 1936, of this State as follows:-

[Quote indented:] “24. Every alien friend may inherit, or otherwise take by representation, acquire, hold, convey, assign, devise, bequeath, or otherwise dispose of every description of property, whether real or personal, in the same manner as if he were a natural-born subject of His Majesty.”

In certain instances set forth below, the exercise of civic and other rights is restricted to persons who are British subjects. Such restrictions, of course, cease to operate in respect of any alien, who applies for and obtains a certificate of naturalisation from the Governor-General of the Commonwealth pursuant to the provisions of the Nationality Act, 1920-1936, of the Commonwealth Parliament.

The undermentioned restrictions have been imposed upon aliens by the legislation of this State:-

1. Section 13 of the Fisheries Act, 1917-1938, provides for the issuing of licences to take fish and oysters. Sub-section (3) of the said section 13 provides as follows: -

[Quote indented:] “13. (3) No licence shall be issued under this section except to a natural born British subject or a naturalised British subject: Provided that, with the consent of the Minister, a licence may be issued to an unnaturalised person who has not qualified for naturalisation by the length of his residence in Australia or to an unnaturalised person who has made application for a certificate of naturalisation.”

Section 53 of the Act makes it an offence in this State to take fish or oysters without a licence.

2. Section 4 of the Gold Buyers Act, 1916-1935, provides that no person unless licensed shall buy gold or silver, or buy or sell

[End of record excerpt.]

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