37. If any passenger for whom any bond shall have been given as aforesaid, shall at any time within five years from the execution thereof receive maintenance or support from any public or charitable institution in Victoria, the payment incurred for the maintenance and support of such passenger shall be provided for out of the money collected in and under such bond to the extent of the penalty therein mentioned, or such portion as shall be required for the payment of such maintenance or support; and it shall be the duty of the principal immigration agent, upon representation made to him, to ascertain the right and claim of the Treasurer of Victoria to payment of the amount so expended for the maintenance and support of any such passenger, and to report the same to the Governor in Council; and the said report shall be conclusive in the matter, and shall be evidence of the facts therein stated; and such bond may be put in suit, and the penalty, or as much thereof as shall be required to defray the expenses of such maintenance or support, may be recovered by suit or information on behalf of her Majesty, and in the name of a law officer in any court of competent jurisdiction.
[Sidenote: Penalty for refusing to execute bond.]
38. If the owner, charterer, or master of any ship on board which such passengers, specially reported, shall have been carried, shall neglect or refuse to execute a bond as aforesaid within seven days, after being so required as aforesaid, he shall be liable to a penalty not exceeding 100_l._ sterling, in addition to his liability under the said bond; and such ship shall not be cleared out until the said bond shall have been executed, and the said penalties shall have been paid.
[Sidenote: Act not to extend to Government immigrants, etc.]
39. These provisions ... shall not extend to immigrants brought to Victoria at the public expense, nor to shipwrecked mariners brought to Victoria without charge by the master of some other ship than that in which they were wrecked, nor to the crews of ships who shall have signed articles for the whole voyage, nor to her Majesty's land and sea forces.
Sec. 15 of the Immigration Act, 1872, enacts as follows:--
The Governor in Council may from time to time frame, annul, alter, and vary such regulations as may be necessary for declaring what persons shall be eligible for immigration to the said Province (_i.e._ South Australia), and generally for carrying out the provisions of this Act; and all such regulations, and all instructions which may from time to time be transmitted to any immigration agent, shall be forthwith published in the _South Australian Government Gazette_ for general information, and shall be, within one week from their publication, if Parliament be then sitting, or, if not, then within one week from the next meeting of Parliament, laid upon the table of each House of Parliament.