A Law unto oneself

‘on the road to Nationhood’

The

Immigration Restriction Act 1901Commonwealth

Commonly known as:The

White Australia Policy

The Immigration

Restriction Act of 1901 (Cmlth)

passed by the 1st Australian Parliament, shortly after Federation

Commonly known as…‘The White Australia

Policy’The Immigration Restriction Act of 1901 or the ‘White Australia

Policy’ as it became known remained in force until 1958, when

the Dictation Test was abolished but was not fully dismantled

until the introduction of the Racial Discrimination Act of 1975.

1850’sGold Rush

Origins of ‘White Australia’

Colonies of Victoria and NSW

introduced restrictions of

Chinese immigration.

Resentmentagainst the Chinese

South Sea Islanders‘Indentured Labour’ - Northern Queensland

There was a thought (a fear) [from: Southerners: Victoria, NSW.] that non-whites would accept a lower standard of

living and work for lower wages.

Influential Queenslanders were afraid they would be excluded from Federation if the ‘Kanaka’ trade didn’t

cease

Victoria and NSW warned that there would be no place for ‘Asiatics’ and ‘Coloured’ in the Australia of the Future.

The Act prohibited from immigration those considered to be insane, anyone likely to become a charge upon the public or upon any public or charitable institution. It also included any person suffering from an infectious or contagious disease 'of a loathsome or dangerous character'.

The Act also prohibited prostitutes, criminals and anyone under a contract or agreement to perform manual labour within Australia (with some limited exceptions). In 1919 the Prime Minister, William Morris Hughes, hailed it as 'the greatest thing we have achieved'.

‘Federated’The Commonwealth of Australia Constitution Act 1900 (Imp)

passed in British Parliament 9th July, 1900Queen Victoria gives ‘royal assent’ on the 17th of September, 1900

came into force: 1st January, 1901

The Australian Constitution Act 1900 (Imp) gave the power to the Commonwealth Government to make laws for all Australians

EXCLUDING indigenous peoples(they were left in the control of the states)

The Australian Constitution Act1900 (Imp) said that Aboriginal people were not to be counted in the census.

The census was to be used as a basis for determining electorates; as a result Aboriginal people were denied the right to vote.

The new Federal government passed immigration laws. The Immigration Restriction Act 1901 was passed to keep out unwanted immigrants. The Act was written with the intention of keeping out non-Europeans and was known as the White Australia Policy. A dictation test was applied in any European language of the Government’s choosing. In addition, the Pacific Island Labourers Act 1901, stated that any Pacific Islanders still living in Australia in five years’ time would be deported. This law was passed to expel the ‘kanaka’* labourers who were working in the Australian sugar industry.

The Immigration Restriction Act of 1901 (‘White Australia Policy’) stated that immigrants had to write and sign, in the presence of an Immigration Officer, a passage of fifty (50) words in a European language as directed by the officer.

The Dictation Test was usually first given in English.If the prospective immigrant passed, but was considered to be racially or politically unsuitable, the officer could then give the test in another European language.

The Dictation Test was given:• 805 times in 1902-1903; 46 people passed.• 554 times in 1904-1909; only 6 people passed.• After 1909; no person passed the Dictation Test.

People who failed the test were refused entry to Australia and were deported.

Give it a go yourself! Would you be allowed into Australia?White Australia Policy Dictation Test

The Dictation Test

The most infamous case involving the Dictation Test was that of Egon Kisch in 1934.

The Prague-born Jewish socialist had a valid visa for Australia where he had come to address the Movement Against War and Fascism – however the conservative Lyons Government was concerned that Kisch was a communist and attempted to stop him from disembarking in Fremantle. Kisch proceeded on to Melbourne and when he was arrested, jumped from the liner onto Station Pier and broke his leg.

Kisch was arrested again and sent to Sydney. When he disembarked, the authorities gave him the Dictation Test in Gaelic*, as he spoke English and a number of other European Languages fluently.

His case was taken to the High Court and Kisch won. The Attorney-General at the time, Robert Menzies, was humiliated in the High Court and Parliament and Kisch went on to address huge crowds throughout Australia.

The saga of Egon Kisch and the White Australia Policy

The ‘most infamous’ case

involving the ‘Dictation Test’

The legislative task of the first parliament was to establish a Commonwealth administration. Parliament passed 59 of the 84 bills introduced by the Barton government, including 21 money (appropriation and supply) bills.

Other important legislation included:

The Acts Interpretation Act 1901Which was the fist bill setting out the standards and conventions for drafting subsequent bills.

The Audit Act 1901Provided for supervision of government spending and reporting to parliament.

The Customs Act 1901 and Excise Act 1901Which were revenue raising Acts.

The Judiciary Act 1903 To set up the High Court.

The Defence Act 1903To establish control of military and naval forces.

Legislation…

1900JulyThe Commonwealth of Australia Constitution Act 1900 (Imp) was passed by the British Parliament on the 9th of July, 1900 – it entered into force on the 1st of January, 1901. SeptemberQueen Victoria proclaims on the 17th of September, 1900 (gives assent) that the Commonwealth of Australia, comprising all six colonies, will come into existence on the 1st January 1901.

1901JanuaryThe Commonwealth of Australia came into being on the 1st of January, 1901.The First Prime Minister: Mr Edmund BartonThe First Governor-General: The Earl of Hopetoun (7th: John Adrian Louis Hope) MarchThe Commonwealth Government takes control of a wide range of functions formerly exercised by the colonies, including military forces, postal and customs departments and immigration. The Commonwealth's constitutional powers include the power to legislate about trade with other countries and among the States; taxation, customs

Commonwealth of Australia

On the road to Nationhood

and excise; defence; banking; currency and coins; weights and measures; postal, telegraphic and telephonic services; railways; conciliation and arbitration; census and statistics; fisheries; federal territories; and the federal public service.

The First Australian Federal Elections were held Friday 29th March and Saturday 30th March, 1901** following Federation* and the establishment of the Commonwealth of Australia.

On the 31st of March, 1901 A census shows that the population of Australia is 3,773,801. Aborigines were not counted.

MayThe First Parliament of the Commonwealth of Australia was opened by the Duke of Cornwall and York (the future King George V), on 9 May 1901 in Melbourne. Exhibition Building. From 1901 to 1927 the Parliament met in the Victorian Parliament House.

SeptemberThe design for the Australian Flag was chosen.Australia's new national flag is flown for the first time 3rd September, 1901. There were 32,823 entries in the competition for its design.

Commonwealth of Australia

On the road to Nationhood

1902The Commonwealth Franchise Act 1902 (Cmlth) gave women the right to vote in Federal Elections. 1903Alfred Deakin became Prime Minister.In December women voted for the first time and four women stood for the Senate. 1909Compulsory military training was enacted.

1910Australian Commonwealth silver coins were introduced. 1911Bronze pennies ad halfpennies were introduced. 1913The first Australian banknotes based on the British system of 12 pence to a shilling and 20 shillings to a pound were introduced.

Commonwealth of Australia

On the road to Nationhood

VocabularyFederationAustralia's federation. Australia became an independent nation on the 1st January 1901. The British Parliament passed legislation allowing the six Australian colonies to govern in their own right as part of the Commonwealth of Australia.

Gaelica Celtic language spoken mainly in the highlands and islands of western Scotland. It was brought from Ireland in the 5th and 6th centuries AD. Indentured Labourwas a system whereby young people paid for their passage to the New World by working for an employer for a certain number of years. It was widely employed in the 18th century in the British colonies in North America and elsewhere.

Kanaka‘Kanaka’ simply means ‘human being’ in the Hawaiian language. Kanaka was the term for a worker from various Pacific Islands employed in British colonies, such as British Columbia (Canada), Fiji and Queensland (Australia) in the 19th and early 20th centuries. Its use in the English language has more often than not been used in a derogatory manner.

Sir Edmund Barton1849-1920

Edmund Barton was Prime Minister of the Commonwealth of Australia from the 1st of January, 1901 until the 24th of September, 1903. He became Australia’s first Prime Minister. He was employed as a barrister and as a judge [High court Judge from 1903-1920] and had been a member of the New South Wales parliament for 20 years. He served terms as Speaker of its Legislative Assembly, Attorney-General and Leader of the Opposition.

He had worked on ‘Federating the Colonies’ for 10 years and became Australia’s first Prime Minister because the supporters of Federation trusted him.

Barton resigned as Prime Minister on 24 September 1903 to become a foundation member of the newly established High Court of Australia, becoming one of two judges serving with the inaugural Chief Justice SW Griffith.

William Morris ‘Billy’ Hughes

1862-1952

William Morris Hughes was Labor Prime Minister in 1915–16, then was expelled from the party over his support for conscription. He held two referendums on the issue, convinced that only compulsory reinforcements of troops overseas would win the war. After his expulsion, Hughes formed the Nationalist Party and remained Prime Minister until 1923.

In 1918–19 Hughes travelled to England and headed the Australian delegation at Versailles for the signing of the peace treaty in 1919. He was again in England in 1921 for an Imperial conference.

Hughes was popularly known as ‘the little Digger’ for his leadership of the nation throughout the war. But after the formation of the Country Party, Hughes was unable to retain support in the House of Representatives and resigned on 9 February 1923 in favour of SM Bruce.

Sir Robert Gordon Menzies

1894-1978

Robert Gordon Menzies was Australia’s longest serving Prime Minister. He held the office twice, from 1939 to 1941 and from 1949 to 1966. Altogether he was Prime Minister for over 18 years – still the record term for an Australian Prime Minister.

He was the Leader of the United Australia Party 1939 to 1944 and Leader of the Liberal Party 1944 to 1966. Menzies represented the electorate of Kooyong, Vic 1934 to 1966.

Menzies presided over an administration that supported the White Australia policy but he knew passionately that it needed to be administered with discretion and concern. In other words, the human reality of individual cases should be taken into consideration.

On Migration“Australia urgently needs more people, and we shall vigorously continue a drive for them. They should be selected with regard to our national needs, and their capacity to become absorbed into our community.

Though we naturally want as many migrants as we can get of British stock, we denounce all attempts to create hostilities against any migrant or group of migrants, whether Jew or Gentile, on the grounds of race or religion. Once received into our community, a new citizen is entitled to be treated in every way as a fellow-Australian. The strength and history of our race have been founded upon this vital principle. We will continue to maintain Australia's settled immigration policy, known as “The White Australia Policy”; well justified as it is on grounds of national homogeneity and economic standards.

At the same time we believe in humane and common sense ministration. All cases of aliens resident in Australia should be considered, not as if the law allowed no human discretion but in the light of the circumstances of each case.

Nothing has done both the Policy and our relations with Asiatic countries more harm than some of the stupid and provocative decisions of the present Government.”

Election Speeches: Robert Menzies 1949

Webography & Resources

Abolition of the White Australia Policy

Australia's Prime Ministers: William Morris Hughes

Civics and Citizenship Education

Fast Facts: Sir Edmund Barton

Museum Victoria: Immigration Restriction Act

Museum Victoria: Timeline: 1901-1945

Prime Ministers of Australia: Edmund Barton

Assembled: A. Ballas