Aborigines Act 1897 (WA)

Mes5tern Causitratta.

ANNO SEXAGESIMO PRIMO

VICTORIA, REGINA,.

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No. V.

A BILL INTITULED

AN ACT to further amend the Constitution Act of 1889, and for the better Protection of the Aboriginal Race of Western Australia.

[Reserved, Mk December, an.]

under the control of a responsible Minister of the Crown, with a pro-

IAT HEREAS the welfare of the Aboriginal Race will be betterpromoted if entrusted to a sub-department of the State

vision for the appropriation of a sum of Five thousand pounds per annum for the use of such sub-department, to be supplemented by animal votes as occasion may require: Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Aus- tralia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. THIS Act may be cited as the Aborigines Act, 1897. Short title.

61° VICTORI}E, No. 5.

The Aborigines Act, 1897.

Repeal. 2. THE Acts and parts of Acts mentioned in the Schedule

hereto are repealed.

Interpretation.	3.	IN this Act, unless the context otherwise requires-
" Governor " means the officer administering the Government,

acting with the advice of the Executive Council.

" Minister" means the Minister of the Crown appointed by

the Governor to administer this Act.

" Writing " includes print, and part writing and part print.

Protectors of 4. THE Aborigines Protection Board is abolished, and the

Aborigines to go out

powers and duties of the existing Protectors of Aborigines shall

of office. Governor

may make new ap-

cease at the passing of this Act, and the Governor may from time

pointments.

to- time appoint, and from time to time remove, Protectors of

Aborigines.

Moneys of Board to All sums standing to the credit of the Aborigines Protection

pass to Treasury.

Board, and all sums due from the Colonial Treasurer to such Board,

shall revert to the Treasury.

Establishment of the 5.

THERE shall be a sub-department, to be called the Aborigines of the Aboriginal natives, providing them with food and Clothing when they would otherwise be destitute ; providing for the education of Aboriginal children (including half-castes), and in generally assisting in the preservation and well-being of the Aborigines.

Aborigines Depart-	Department, and to be charged with the duty of promoting the welfare
ment.
References in any statute to the Aborigines Protection Board (by this Act abolished) shall, if the context permits, be read as references to the Aborigines Department, and to the Minister having the control thereof.

Sum to be placed at 6. THE Colonial Treasurer shall, in every year, place at the

the disposal of the	disposal of the Aborigines Department, out of the Consolidated
Aborigines Depart-
ment.	Revenue Fund, the sum of Five thousand pounds to be applied to
See Constitution Act,	the purposes of the said Department.
1889, s. 70.

Unexpendedbalances If in any year the whole of the said annual sum is not

to be retained for

expended, the unexpended balance thereof shall be retained by the

subsequent years.

See ibid.

said Department and expended in the performance of the duties

thereof in any subsequent year.

Duty of Department. 7. IT shall be the duty of the Aborigines Department-

( 1 .) To apportion, distribute, and apply, as may seem most fit,

50 Viet., 25, s. G. the moneys by this Act placed at their disposal ;

61° VICTORIA, No. 5.

The Aborigines Act, 1897.

(2.) To distribute blankets, clothes, and other relief to the

Aborigines, at the discretion of the Department ;

(3.) To provide for the custody, maintenance, and education

of the children of Aborigines ;

(4.)	To provide as far as practicable for the supply of medical attendance, medicines, rations, and shelter to sick, aged, and infirm Aborigines ;
(5.)	To manage and regulate the use of all reserves set apart

for the benefit of the Aborigines ;

(6.) To exercise a general supervision and care over all matters affecting the interests and welfare of the Aborigines, and to protect them against injustice, imposition, and fraud.

8.      A SEPARATE account of the moneys placed at the disposal Account of moneys

of the Aborigines Department shall be opened and kept at the received and expend-

Colonial 'Treasury, and a balance sheet containing details of the edentbyto the embi e Dprrt-at

whole of the expenditure of such moneys during the preceding Treasury. financial year shall be annually prepared in the office of the Ib., s. 13. Aborigines Department.

9.      THE accounts in connection with such moneys shall be duly

audited ill the usual manner by the Auditor General, and all payments Audit of accounts.

therefrom shall be made ii accordance with the Audit Act, 1891. s.14.

10.      THE Minister shall, in every year, present to both Houses of Minister to• ent

Parliament a report on the condition and welfare of the Aborigines annual report to and of the transactions of the Aborigines Department, and of all Parliamel± moneys expended by the Department during the preceding financial	lb	.	s	12.
year, and shall annex thereto the annual balance sheet by tins Act	'	.
required.

U. THE Minister may cancel or may direct the cancellation of Cancellation of con-

any contract of service between any Aboriginal native and any person	tracts of service.
who, in the opinion of the Minister, is unfit to be an employer of	52 Viet., 25, s. 5.
such native.

12. ALL powers and duties by the Aborigines Protection Act, Powers, &e., con-

1886, the Aborigines Act, 1889, or otherwise conferred or imposed	ferred by certain Acts on Governor to be
on the Governor with regard to Aborigines, shall be exercised and	exercised by Gover-
performed by the Governor in Council.	nor in Council.

6r VICTORI2E, No. 5.

The Aborigines Act, 1897.

Act to be proclaimed. Governor within three months after lie shall have received official 13. THIS Act shall be proclaimed in Western Australia by the

information by cablegram or otherwise of the Royal assent thereto, and shall commence and take effect from the date of such proclama- tion.

I hereby reserve this Bill for the signification of Her

Majesty's pleasure thereon.

GERARD SMITH, Governor.

SCHEDULE.

The Aborigines Protection Act, 1886, Part 1.

The Aborigines Act, 1889.

The Constitution Act, 1889, Section 70.

By Authority : RIdHAuD PETUER, Government Printer, Perth.