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Australian Treaty Series 1949 No 23

DEPARTMENT OF FOREIGN AFFAIRS AND TRADE

CANBERRA

Agreement between the Government of Australia and the Government of Malta relating to Migration

(31 May 1948)

Entry into force: 1 January 1949

AUSTRALIAN TREATY SERIES

1949 No. 23 (electronic)

(c) Commonwealth of Australia 1997

AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF MALTA RELATING TO MIGRATION

AN AGREEMENT made the Thirty-First day of May, One thousand nine hundred and forty-eight between the GOVERNMENT OF AUSTRALIA (hereinafter referred to as "the Commonwealth Government") of the one part and the GOVERNMENT OF MALTA of the other part.

WHEREAS the Commonwealth Government and the Government of Malta are willing to co-operate in order to assist suitable persons in Malta to proceed to Australia for permanent settlement which for the purposes of this Agreement shall be a minimum of two years.

AND WHEREAS the Commonwealth Government and the Government of Malta are prepared to carry out the scheme set out in the Schedule to this Agreement, (hereinafter referred to as "the said scheme").

NOW THEREFORE IT IS AGREED as follows:

1. The said scheme shall be operative only so long as favourable conditions for settlement in Australia are known to exist and shall be applicable to British subjects from Malta, ie, natural born British subjects born in the United Kingdom and residing in Malta or born in Malta of Maltese parents and residing in Malta.

2. The Commonwealth Government will arrange for the Maltese authorities concerned to be associated with the Australian representatives to such extent as may be mutually agreed in the arrangements to be made for the examination and selection of applicants for assisted passages to Australia.

3. The Commissioner for Malta in Australia will arrange for the reception and welfare in Australia of Maltese settlers introduced under this Agreement. All such settlers will from arrival in Australia be assisted to obtain employment through the Commonwealth Employment Service. No applicant will be granted an assisted passage unless there is a reasonable assurance that he (or she) will obtain suitable employment and accommodation on arrival in Australia.

4. The Commonwealth Government shall arrange for the extension of certain social service benefits to British migrants from Malta accepted under the said scheme from the date they arrive in Australia. These benefits include health and medical service benefits, maternity allowances and child endowment. Such migrants shall be eligible for sickness and unemployment benefits from the date of arrival.

5. The Commonwealth Government undertakes to provide information concerning conditions and opportunities for employment in Australia for the guidance of all prospective settlers who may desire it. No pamphlet explaining the scheme shall be issued without the concurrence of the Government of Malta and of the Commonwealth Government.

6. The expenses of the said scheme shall be deemed to be the total amount of assistance given to the approved persons under Clauses 2, 3 and 6 of the Schedule and shall be borne by the Government of Malta and the Commonwealth Government. The Commonwealth Government's contribution shall be at the rates set out in Clause 3 of the Schedule in relation to cost of passages for approved migrants and one half of expenditure incurred in accordance with Clause 6 of the Schedule.

7. The Government of Malta and the Commonwealth Government shall bear their own expenses of administering the scheme.

8. The Government of Malta shall in the first instance make the payments referred to in Clauses 5(d) and 6 of the Schedule.

9. The Government of Malta shall render to the Commonwealth Government at Canberra at the end of each quarter or such other period as may be jointly arranged an account of the sums expended in that period under Clauses 5(d) and 6 of the Schedule. If the Commonwealth Government is satisfied that the sums have been expended in accordance with this Agreement, it shall pay to or to the account of the Government of Malta the contributions agreed to as stated in Clause 3 of the Schedule that shall be payable in respect of such sums and one half of the amount of the expenditure incurred in respect of Clause 6 of the Schedule.

10. In the event of a migrant not remaining in Australia for the minimum period of two years he will be liable to repay to the Commonwealth Government the amount jointly contributed by the respective Governments towards his assisted passage to Australia.

11. Each migrant will be required to furnish an undertaking that in the event of his failing to remain in Australia for the minimum period of two years he will repay to the Commonwealth Government the amount jointly contributed towards his assisted passage to Australia.

12. The gross sums received on account of repayments of grants shall be shared by the Government of Malta and the Commonwealth Government on the basis of the original contribution of each Government.

13. The Commonwealth Government shall keep a separate account of sums received on account of grant repayments and shall render to the Government of Malta at the end of each quarter an account of the sums received in that quarter. The Commonwealth Government shall pay to or to the account of the Government of Malta its portion of the sums so received.

14. The Government of Malta shall produce to the Secretary, Department of Immigration, Canberra for inspection any documents or accounts whether in Malta or in Australia relating to cases in which assistance has been given under the said scheme if such documents are required to be produced to the Commonwealth for audit purposes.

15. The said scheme shall come into operation on a date to be agreed upon between the Government of Malta and the Commonwealth Government.[1] Subject to review and to the proviso contained in Clause 1 hereof assistance shall be given to intending migrants who sail from Malta to Australia at any time not later than two years from the date on which the said scheme comes into operation.

SIGNED for and on behalf of the

GOVERNMENT OF AUSTRALIA: GOVERNMENT OF MALTA:

[Signed:] [Signed:]

ARTHUR CALWELL Indecipherable

THE SCHEDULE

1. The Government of Malta and the Commonwealth Government will give assistance towards the cost of passages from Malta to Australia to such persons and their dependants as may have been approved by them before sailing, under the procedure laid down in Clause 5 hereof.

2. Normally, assistance towards passages shall take the form of a free grant of a proportion of the cost, so that the rate chargeable to the migrant shall be not less than:

(a)

All persons 19 years of age and over
[sterling]10 English currency each.



(b)
Juveniles from 14 years of age up to their nineteenth birthday

[sterling]5 English currency each.




(c)
Children who have not reached their fourteenth birthday at the date of sailing
Free where full adult passage does not exceed [sterling]70.

In the case of juveniles and boys and girls referred to in (b) and (c) above the age shall be taken as at the date on which the migrant is approved by the Commonwealth Government provided that sailing takes place within six months of approval. Where sailing does not take place within six months of approval the date of sailing shall be the governing factor.

3. Until a basis or contract flat rate for the carriage of assisted migrants from Malta can be arranged the Commonwealth Government will contribute as follows, provided that the Maltese Government makes a contribution which is not less than the contribution made by the Commonwealth Government:

(a)

For approved persons 19 years of age or over
[sterling]30 Sterling each.



(b)
For approved persons from 14 years of age up to their nineteenth birthday

[sterling]32.10.00 Sterling each.




(c)
For approved children from 12 years up to their fourteenth birthday providing that full fares are charged by the shipping companies in respect of such children

[sterling]35 Sterling each.




(d)
For approved children who have not reached their twelfth birthday at the date of sailing provided that half fares are charged by the shipping companies in respect of such children

[sterling]17.10.00 Sterling each.

unless a lower rate than [sterling]70 Sterling per adult is charged when the Commonwealth Government will share equally with the Government of Malta the difference between the amount charged by the shipping company and the amount paid by the migrant.

4. No financial assistance of any kind under Clauses 2 and 3 of this Schedule shall be given without the joint approval of the Government of Malta and the Commonwealth Government. The age limits for acceptance under the scheme are 45 years for single persons or married persons without children and 50 years for married persons accompanied by one or more children. In the special case of parents who are joining children already established in Australia the age limit may be extended to 60 years.

5. The procedure for the selection and grant of assistance to migrants under this scheme shall be as follows:

(a) Application forms prepared by the Government of Malta in consultation with the Commonwealth Government will be distributed by the Emigration Department, Malta, to whom they will be returned on completion together with certificates of character. If the applicant claims to be a skilled man he must also produce evidence of his trade ability. The Emigration Department, Malta, will check the forms and if satisfied as to the bona fides of the applicant will arrange for a medical examination by a Maltese Government doctor (approved by the Commonwealth Medical Officer, Australia House, London) in accordance with the provisions of Commonwealth Medical Form K. The cost of the medical examination will be borne by the applicant.

(b) Nomination forms prepared by the Commonwealth Government in consultation with the Government of Malta will be distributed by the Commissioner for Malta in Australia to British persons resident in Australia who wish to nominate relatives or friends resident in Malta for assisted passages to Australia. The Commissioner for Malta in Australia will check the forms and if satisfied as to the bona fides of the nominators will schedule the nominations to the Commonwealth Migration authorities in Australia for approval. Upon approval the Commissioner for Malta will transmit a copy of the approved Schedule to the Emigration Department at Malta which will arrange for the nominee to be furnished with the appropriate application form. The same procedure will then be followed in regard to the nominee as in 5(a).

(c) Application forms and medical certificates will be furnished in duplicate. One copy of each will be made available to the Commonwealth Government representative who will have the final responsibility for deciding the suitability on mental, moral, physical and other grounds of each applicant and his family for settlement in Australia.

(d) The Government of Malta will make all arrangements for booking the passages of approved applicants and their dependants and will pay the claim of the shipping companies for such passages.

6. Where the Government of Malta and the Commonwealth Government consider it advisable to appoint a welfare officer or a matron to take charge of parties of male and female migrants respectively on the voyage to Australia, the cost of the passages and employment of such welfare officers or matrons shall be borne equally by the Government of Malta and the Commonwealth Government subject to the approval of the appointment in each case of the welfare officer or matron by the parties hereto. [1] The Agreement entered into force 1 January 1949.



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