Opinion Number. 81

Subject

EUROPEAN RACE OR DESCENT
MEANING OF 'OR DESCENT'

Author
Key Legislation

IMMIGRATION RESTRICTION ACT 1901, s. 9

Date
Client
The Minister for External Affairs

The phrase persons 'of European race or descent' occurs in section 9 of the Immigration Restriction Act 1901 and in regulation 13 under the Act.

The State Collector for New South Wales reports that considerable doubt exists as to the application of the words 'or descent', and asks to be advised as to their interpretation for the guidance of officers generally.

The Minister for External Affairs forwards the papers to me for advice.

'Person of European descent' means a person descended from persons of European race. For example, it includes Americans of'European descent'. The effect of the words 'or descent' is practically to make it clear that people of European blood now settled in other parts of the world are included.

[Vol. 2, p. 88]