Aboriginal Offenders Act (Amendment) 1892 (WA)

EUtztent austratia.

ANNO QUINQUAGESIMO QUINTO

VICTORIA, REGINIE.

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No. XVIII.

AN ACT to amend " The Aboriginal Of-

fenders Act, 1883," and to authorise the

Whipping of Aboriginal Native Offenders.

[Assented to, 'alit :March, M9.2.]

BE it enacted by the Queen's Most Excellent Majesty, by and

Preamble.

with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parlia- ment assembled, and by the authority of the same, as follows:—

1. IT shall be lawful for any Magistrate alone or with one or more Justices, or for any two or more Justices, or for any one

Magistrates or

Justices or single

Justice (in certain

Justice exercising jurisdiction under section seven of " The

cases) may sentence

to two years'

Aboriginal Offenders Act, 1883," hereinafter called " The Principal

imprisotiment, and

may ad) lge

Act," upon the conviction of an aboriginal native of any offence

widuping.

made summarily triable under the Principal Act, to sentence such native to be imprisoned, with or without hard labor, for any term not exceeding two years, and, in case of a male, with or without whip- ping, or to be whipped without imprisonment : Provided always, that if an aboriginal native shall be charged with having committed two or more offences the sentence or sentences for both or all the said offences shall not exceed in the whole the term of two years, nor in such case shall more than one whipping be awarded.

55" VICTORI2E, No. 18.

Al yl/final Offenders.

Supreme Court and 2. IT shall be lawful for the Supreme Court or for any Court of

General Sessions of the Peace, on the conviction of an aboriginal

Court t of General

whipping. Sessions may adjudge native in any case sent for trial before any such Court under the

provisions, of the Principal Act, in addition to any sentence of penal servitude or imprisonment with or without hard labor, or without such sentence, to sentence such aboriginal native, if a male, to be whipped.

Number of strokes 3. WHENEVER whipping may be awarded under this Act, the

not to exceed 25, or number of strokes not exceeding twenty-five, or in the case of a in ease of youth 12.

male offender apparently under the age of sixteen not exceeding twelve, and the instrument with which they shall be inflicted, shall be specified in the sentence.

4.  NO such whipping shall be inflicted except in the presence

Before whom

whipping to be

inflicted.

of a Justice of the Peace, Protector of Aborigines, or Officer of

Police not under the rank of sergeant.

48 Viet., No. 5, not	5. THE	provisions of " The Regulation of Whipping Act,
to apply to aboriginal

1884," shall not apply to aboriginal natives.

natives. .

Incorporation and 6. THIS Act shall be incorporated and read with the Prin-

Short title.

cipal Act, and may be cited as " The Aboriginal Offenders Act

(Amendment), -1892."

In the name and on behalf of the Queen I hereby assent

to this Act.

ALEX. C. ONSLOW, Administrator.

By Authority : RICHARD PETHER, Government Printer, Perth.