Aborigines Act Amendment Act 1936 (WA)

1036.1 Aborigines. [No. 43.

ABORIGINES.

1° Enwn. Viii., No.

No. 43 of 1936.

AN ACT to amend the Aborigines Act, 1905.

[Assented to 11th December, 1936.]

lative Council and Legislative Assembly of WesternBE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis-

Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

This Act may be cited as the Aborigines Act Amendment Act, 1936, and shall be read as one with the Aborigines Act, 1905, as reprinted with amendments at page 391 of the Sessional Volume of Statutes for the year 1913.	Short title.
The Aborigines Act, 1905, and its amendments is here- inafter referred to as "the principal Act."

1.

2. Section two of the principal Act is amended— Amendment of e. 2 of the

(a) by deleting the words "and in receipt of any "rinell'n'

annual or other subsidy or grant from the Government" in lines four, five, and six of the definition of "Aboriginal institution" and in- serting in lieu thereof the words—"declared by proclamation to be a native institution for the purp3ses of this Act"; and

No. 43.] Aborigines. [1936.

(b) by striking out the words "a magisterial dis- trict" in the definition of "District" and in- serting the following in place of the words struck out:—"Any portion of the State de- clared by proclamation to be a district for the purpose of this Act."

(c) by inserting a new definition after the definition

of "District'':

''Inspector" means an inspector appointed under

this Act.

(d) by deleting the interpretation of "Half-caste." (e) by inserting a further definition after the defini-

tion of "Minister" as follows :—

"Native" means

(a)	any person of the full blood descended from the original inhabitants of Australia;
(b)	subject to the exceptions stated in this de- finition any person of less than full blood who is descended from the original inhabi- tants of Australia or from their full blood descendants, excepting however any person who is-

(i)    a quadroon under twenty-one years of age who neither associates with or lives sub- stantially after the manner of the class of persons mentioned in paragraph (a) in this definition unless such quadroon is ordered by a magistrate to be classed as a native under this Act;

(ii)    a quadroon over twenty-one years of age, unless that person is by order of a magis- trate ordered to be classed as a native under this Act, or requests that he be classed as a native under this Act; and

(iii)    a person of less than quadroon blood who was born prior to the 37st day of Decem- ber, 1936. unless such person expressly applies to be brought under this Act and the Minister consents.

(f) by adding a further definition after the defini-

tion of "Protector" as follows:

"Quadroon" means a person who is descended

from the full blood original inhabitants of

1936.] Aborigines. [No. 43.

Australia or their full blood descendants but who is only one-fourth of the original full blood.

3. (1) (a) Wherever in the principal Act after	Adjustment
of certain

amendment by this Act (except in section sixteen and	terms in the
principal Act.
section sixty-five and the First and Second Schedules) any of the words or expressions mentioned in the first column of the list hereunder appear, there shall be sub- stituted for each such word or expression the word or words respectively set opposite thereto in the second column of the list.

First Column. Second Column.

Aboriginal (used as a noun

or an adjective) .. Native.

Aboriginal native .. Native.

Aborigine • • Native.

Aborigines Department .. Department of Native

Affairs.

Chief Protector of Abori- Commissioner of Native

gines Chief Protector .. Affairs.

Commissioner.

(b) Where any of the words specified in the first column are used in the plural, then the plural of the corresponding word in the second column shall be sub- stituted, and where the indefinite "an" is used before the word "aboriginal" the indefinite adjective "a" shall be substituted.

(2.) Whenever the following terms or expressions, namely:—

"half-caste" or "half-castes"

"and half-caste" or "and half-castes"

"or half-caste" or "or half-castes"

appear in the principal Act after amendment by this

Act they shall be struck out.

4.    Section three of the principal Act is hereby re- Repeal of s. 8,

principal Act.

pealed.

Persons of quadroon or less than

5. A new section is inserted after section three of the quadroon blood may in

principal Act.

certain cases

come under

the Act.

No. 43.] Aborigines. [1936.

3A. (1.) Any quadroon over twenty-one years of

age may

(a)	on application being made by the Commissioner in the prescribed manner to a magistrate be ordered to be classed as a native under this Act; or
(b)

on his application and with the consent of the

Minister be classed as a native under this Act.

(2.) Any person who was born prior to the 31st day

of December, 1936, and who is of less than quadroon

blood may apply to the Minister to be classed as a native,

and may be classed as a native if the Minister consents.

Amendment

of s. 7 of the 6. Section seven of the principal Act is hereby

principal Act.

amended by adding a paragraph at the end thereof as

follows:—

Travelling

inspectors. The Governor may appoint such persons as he may think fit to be travelling inspectors, whose duty it shall be in regard to the territories assigned to them to in- spect and report to the Commissioner on

(a)	the condition of the natives generally; and
(b)	the management and conduct of native insti-

tutions periodically.

Amendment

of B. 8 of the	7. Section eight of the principal Act is amended
principal Act.
Compare S.A.

(a) by inserting before the word "until" in the

1048 (1911),

second line the words "notwithstanding that

s. 10.

the child has a parent or other relative

living"; and

(b)

by substituting the word "twenty-one" for the

word "sixteen" in the third line thereof ; and

(c) by striking out all words after the word

"years" in the third line.

Amendment

of s. 9 of the	8. Section nine of the principal Act is amended
principal Act.

(a)	by striking out the words "to be removed any aboriginal, or a male half-caste under the age of sixteen years, or a female half-caste" in lines two and three, and substituting the words "any native to be removed";
(b)	by adding a proviso at the end of the section as

follows:—

Provided that this section shall not apply

to any male person over twenty-one years of

1936.] Aborigines. [No. 43.

age who is of half blood or less than half blood descent from the original full blood in- habitants of Australia or from their full blood descendants, where such person does not live after the manner of the original full blood in- habitants or their full blood descendants.

9. Section twelve of the principal Act is hereby Amendmentof a. 12 of the

amended principal Act

(a)	by inserting after the word "reserve" in line two the words "district, institution, or hospital"; and
(b)	by striking out the words "or district" wherever they occur in lines three, six and ten, and in- serting the words "district, institution, or hos- pital" in their places.

10.    Section fourteen of the principal Act is amended tisiettoefntthe

by adding after the word "direction" in the fourth line Principal Act.

the words "or an inspector or a protector."

Section fifteen of the principal Act is amended— tmendment

11.   of 8.15 of the

(a) by substituting the words "within the boundaries p ncipal Act. ri

or confines of" for the word "upon" in line

two;

(b) by inserting the words "or native institution" after the word "reserve" wherever it occurs in the section;

(c) by the addition of a new paragraph after para-

graph (b) as follows:

(c) transports or assists a native in or after his removal or escape therefrom:

(d) by adding a new paragraph at the end of the sec-

tion as follows:

Any person guilty of an offence under the

provisions of this section shall be liable

(a)

in the ease of a first offence, to a penalty not exceeding fifty pounds or to imprisonment with hard labour for six months, or both;

(b)

in the case of a second offence, to a penalty not

exceeding one hundred pounds or to imnrison-

No. 43.] Aborigines. [1936.

meat with hard labour for twelve months, or

both;

(c) in the case of a third or subsequent offence, to a penalty not exceeding two hundred pounds or to imprisonment with hard labour for two years, or both.

Compulsory

examination 12. A new section is added after section fifteen as fol-

of diseased lows

etc. 15A. (a) The Commissioner may authorise some suitable person or persons to examine any natives with a view to ascertaining if they are afflicted with disease.

Any person or persons so authorised may use such means as may be necessary to compel any native to undergo examination accordingly and to submit to such treatment as may be necessary in the circum- stances.

(b)

(c) Any native who refuses to submit himself to examination or treatment, or who obstructs any person acting under any such authority commits an offence against this Act.

Amendment

of 8.17 of the 13. Section seventeen of the principal Act is

principal Act. amended

(a)	by striking out the words "or a male half-caste under the age of fourteen years or a female half-caste," in lines one and two;
(b)	by adding a proviso at the end of the section as

follows:—

Provided that this section shall not apply to any male person over twenty-one years of age who is of half blood or less than half blood de- scent from the original full blood inhabitants of Australia or from their full blood descendants, where such person does not live after the man- ner of the original full blood inhabitants or their full blood descendants.

(c) by adding a. subsection as follows:

(2.) In this section "to employ" means not only to employ as a servant, but also includes the act of engagement under a contract to per- form work or services, notwithstanding that the relationship is not that of master and ser- vant.

193G.] Aborigines. [No. 43.

(d) by adding a further subsection as follows:

(3) Every agreement or permit and agree- ment shall be ill accordance with the prescribed form.

14. Section eighteen of the principal Act is Amendment of a. 18 of the

amended.— principal Act.

(a)	by adding after the word "protector," wherever it occurs in the section, the words "or inspec- tor"; and
(b)	by inserting the following further proviso and

paragraph at the end thereof:

Provided further, that any person aggrieved by the refusal to grant, or by a cancellation of a permit, may appeal to a magistrate in the magisterial district in which the permit was formerly exercised. Such ap- peal shall be in accordance with regulations, which may define the time for appealing and the procedure to be followed.

For the purpose of this proviso an application for a permit shall be deemed to have been refused unless it is granted within three mouths after the time when application is made for the permit to the Commis- sioner.

15. Section nineteen of the principal Act is repealed Amendment of s. 19 of the

and the following substituted:— principal Act.

19. No permit shall be granted allowing any male native under the age of sixteen years or any female native to be employed on board of or in connection with any ship or boat.

16. Section twenty-one of the principal Act is re- Amendment of e. 21 of the

pealed and the following substituted:— principal Act.

21. Any person who without the authority in writ- ing of a protector or inspector, or without the author- ity of a permit under this Act, permits or suffers any native to be upon or in any house, ship, boat, camp, or other place in his occupation shall be guilty of an offence under this Act:

Provided that -lids section shall not apply to any

native who is a male person over twenty-one years of

age who is of half blood or less than half Wood descent

No. 43.] Aborigines. [1936.

from the original full blood inhabitants of Australia or from their full blood descendants, where such per- son does not live after the manner of the original full blood inhabitants or their full blood descendants.

Amendment 17. Section twenty-two of the principal Act is

of s. 22 of the

principal Act. amended

(a)	by striking out the words "or with a male half- caste under the age of sixteen years or with a female half-caste" in lines one and two.
(b)	by adding a subsection as follows :—

(3) Provided that this section shall not apply to any male person over twenty-one years of age who is of half blood or less than half blood descent from the original full blood inhabitants of Australia or from their full blood descendants, where such person does not live after the man- ner of the original full blood inhabitants or their full blood descendants.

Amendment of a. 27 of the18. Section twenty-seven of the principal Act is principal Act. amended by striking out the words "every male half-

caste under the age of sixteen years and every female

half-caste" in lines one and two.

Amendment

of e. 28 of the 19. Section twenty-eight of the principal Act is

principal Act. amended

(a)	by inserting after the word "to" in line one of paragraph (1) the words "an inspector or"; by inserting after the words "police officer" in line one of paragraph (1) the words "or officer ap- pointed by the Commissioner";
(b)	by inserting after the word "allow" in line one of paragraph (2) the words "an inspector or"; by inserting after the words "police officer" in line one of paragraph (2) the words "or officer appointed by the Commissioner."

Amendment

of s. 38 of the 20. Section thirty-three of the principal Act is

principal Act. amended

(a) by adding after paragraph (4) a new paragraph

as follows :-

(5) require a statement in writing from any person who has had any contractual transaction

1936.] Aborigines. [No. 43.

or financial dealing or dealings in property with a native of any such transaction or dealing dur- ing the period of one year preceding such re- quisition.

(b) by adding the words "except in the case of minors" after the word "exercised" in the pro- viso to that section;

(c) by adding a paragraph as follows after the pro- viso in that section:

Any person who fails to supply a statement when required by the Commissioner so to do, or who wilfully gives or supplies any false in- formation in any such statement commits an offence against this Act;

(d) by adding the following paragraph at the end of

the section:

The Commissioner may expend or apply any money in his possession or standing to the credit of any native for his maintenance, educa- tion, advancement or benefit.

21. New sections are hereby added after section Insertion of new sections

thirty-three of the principal Act as follows:—

33A. (1.) The Commissioner may obtain letters of ,cnorroliner

administration or letters of administration with the letters °tad.	ministration
with will
will annexed of the estate of any deceased native.	annexed.

(2.) Notwithstanding the provisions of any Act or Queensland.

law to the contrary regulating in the absence of a will geGane80::6

any succession to and the administration of the estate (5).

of any deceased or missing native, all property and

rights of property vested in any native other than a

native exempted from the provisions of this Act who dies intestate shall vest in the Commissioner upon trust to pay the just debts of the deceased and to distribute the balance between the widow or husband of the deceased and/or the next of kin, if the same or some of them can be ascertained, according to the laws of the State, in accordance with and in the man- ner prescribed for the administration of the estates of persons dying intestate by the Administration Act, 1903, and if such widow, husband, and/or next of kin cannot be so ascertained, amongst those persons who may by regulation be prescribed as the persons

No. 43.] Aborigines. [1936..

entitled to succeed to the property of the de- ceased: Provided that, where there is no person en- titled to succeed to such property under the regula- tions, the proceeds of the estate of the deceased shall be paid to a special trust account and be utilised by the Commissioner for the benefit of natives generally: Provided further, that a certificate under the hand of the Commissioner shall be conclusive evidence as to the person or persons entitled under the regulations to succeed to the estate of any deceased or missing native or that there is no such person or persons so entitled.

Sickness and

accident	33B. (1.) (a) Every holder of a permit to employ a native shall pay to the Commissioner as a contribu- tion to a medical fund to be kept at the Treasury in the name of the Commissioner contributions on a pre- scribed scale.
fund.
(b) Such fund shall, subject to the provisions of this section, be used to defray the medical and hospital ex- penses and the maintenance of natives who fall ill or become diseased or who suffer any injury or accident.
(2.) The holder of a permit shall as soon as pos- sible notify in writing the nearest or most accessible protector when any native in his employ becomes sick or affected by any disease or suffers any injury.
(3.) Whenever any native is sick, affected by dis- ease, or injured, and it is expedient in his interests that he should be removed to some place for medical attention or treatment, the holder of a permit under which he is employed shall as soon as is reasonably possible

(a)	provide free transport for the native and send him to the nearest and most accessible hos- pital; or
(b)	at the option of a protector provide free trans- port for the native to the protector, and thence provide free transport for the native to the nearest and most accessible hospital.

(4.) The holder of a permit shall keep and use for the benefit of any native in his employ a reasonable supply of drugs, dressings, and instruments for ren- dering first aid.

1936.] Aborigines. [No. 43.

(5.) The holder of a permit who complies with the provisions of this section shall not be under any liability for worker's compensation to an injured native in his employ or to the dependants of any such injured native under the provisions of the Workers' Compensa- tion Act, 1912-1934.

22. Section thirty-four of the principal Act is Amendment of s. 34 of the

amended— principal Act.

(a) by striking out the words "a half-caste child whose age does not exceed fourteen years" in lines one and two and substituting the words "a male child whose age does not exceed sixteen years or a female child whose age does not exceed eighteen years, and who in either case is the off- spring of a native and some person other than a native."

(b)	by inserting after the word "pay" in the fifth line of subsection two the words "a reasonable sum for the confinement and hospital expenses of the mother and for the past maintenance of the child, not exceeding six months in the case of the child, and."
(c)	by deleting the proviso to subsection (2) and in-

serting in lieu thereof a proviso as follows:

Provided that no man shall be taken to be the father of any such child upon the evidence of the mother, unless her evidence is corroborated in some material particular.

23. Subsection two of section thirty-five of the prin-

Amendment

of s. 36 of the

cipal Act is amended by striking out the words "or any	principal Act
male half-caste under the age of sixteen years or ally female half-caste" in lines one and two of the subsection.

24. Section thirty-six of the principal Act is amended Amendmentof s. 36 of the

by striking out the words "or female half-castes" in line	Principal Act.
five and inserting the words "or where any natives may be congregated or in the course of travelling in pursu- ance of any native custom" after the word "camped" in the same line.

No. 43.] Aborigines. [1936.

Repeal and

re-enactment	25. Section forty-two of the principal Act is repealed
of a. 42 of the

principal Act. and the following substituted:-

42. (1.) No marriage of a native according to the laws of the State shall be celebrated unless and until the prescribed notice in writing has been given to the Commissioner.

(2.) On receipt of any notification under the pro- visions of this section, the Commissioner may object to the marriage by notice in writing, to be given in the prescribed time and manner, on all or any of the fol- lowing grounds :-

(a) that the marriage is inadvisable as being in con-

travention of tribal custom; or

(b) that one of the parties is afflicted with any com-

municable or hereditary disease; or

(c)	that it is inadvisable that the marriage should take place owing to any gross disparity in the ages of the parties; or
(d)	that there are any other circumstances which render it advisable that the marriage should not take place.

Provided that any native who is aggrieved on account of any objection by the Commissioner under this section may appeal to a. magistrate in the magis- terial district in which he resides. Such appeal shall be in accordance with the regulations, which may pre- scribe the time for appealing and the procedure to be followed.

(3.) Any person who celebrates any marriage in respect of which the prescribed notice has not been given to the Commissioner, or which the Commissioner has objected to under the provisions of this section, or who falsely induces any native to believe that he is married, shall be guilty of an offence against this Act.

Amendment

of a. 43 of the 26. (1.) Section forty-three of the principal Act is

principal Act.

amended by deleting subsection (1) and inserting in lieu

thereof new subsections as follows:—

(1) Any person (except a native)

(a) who habitually lives with natives or with any

native not his wife or her husband; or

1936.] Aboriginrs. [No. 43.

(b) who cohabits with or has sexual intercourse with any native who is not his wife or her husband

shall be guilty of an offence against this Act, and shall be liable to imprisonment for a period not more than two years, or to a pen- alty not more than one hundred pounds.

Every person who is not a native and who without the permission in writing of a pro- tector lives or resides with, either temporarily or continually, or who travels accompanied by a native of the opposite sex shall be presumed, in the absence of proof to the contrary, to be cohabiting with her or him, and it shall be pre- sumed in the absence of proof to the contrary that she is not his wife or that he is not her husband.

(2) Any person who persuades or solicits any native to cohabit with or have sexual intercourse with ally person who is not a native, or who per- suades or solicits any person who is not a native to cohabit with or have sexual inter- course with any native contrary to the pro- visions of this section commits an offence against this Act and shall be liable

(a) in the case of a first offence, to imprisonment for a period of not less than three months and not more than twelve months, or to a penalty not less than twenty-five pounds nor more than fifty pounds;

(h) for a second offence, to imprisonment for a period not less than six months and not more than two years, or to a penalty not less than fifty pounds nor more than one hundred pounds;

(3) All offences under this section shall be tried and determined by a Resident Magistrate.

(2.) Subsection two of the section shall be renumbered

as subsection three.

27. Section forty-four of the principal Act is repealed Repea

of a. 44 of the

the following new section inserted in its place :— principal Act.

44. Any person who entices or persuades a native

to leave any lawful service without the consent cf a

protector shall be guilty of an offence against this Act.

No. 43.] Aborigines. [1936.

Insertion of

new section. 28. A new section is inserted after section forty-five

Prohibition	of the principal Act as follows :--
of natives on

premises	45A. (1.) Any person being the holder of any
licensed for

sale of liquor.	license under the Licensing Act, 1911-1922, for the sale of spirituous or fermented liquors who shall permit or suffer any native not exempted from the provisions of this Act to remain in or loiter about his licensed pre- mises shall be guilty of an offence against this Act.
(2.1 Any native not exempted from the provisions of this Act who enters, remains on, or loiters about premises in respect of which any such license is held shall be guilty of an offence against this Act.
Provided that this section shall not apply to any native employed on the licensed premises under a per- mit granted by the Commissioner.
Repeal and
re-enactment	29.
Section fifty-eight of the principal Act is hereby 58. Every person convicted of an offence against this Act shall, except as herein otherwise provided, be liable
of s. 58 of the

principal Act. repealed and the following substituted therefor :—

(a)	in the case of a first offence, to imprisonment with or without hard labour for not exceed- ing six months or to a fine not exceeding fifty pounds;
(b)	in the ease of a second offence, to imprisonment with or without hard labour for not exceeding twelve months or to a fine not exceeding one hundred pounds;
(c)	in the case of a third or subsequent offence, to imprisonment with or without hard labour for not exceeding two years or to a fine not ex- ceeding two hundred pounds.

Amendment 30. (1.) Section fifty-nine A of the principal Act is

of A 9A. of	5
the p	incipal amended by the addition at the commencement thereof of
Act.

a new subsection as follows :—

(1.) No admission of guilt or confession before trial shall be sought or obtained from any native charged or suspected of any offence punishable by death or imprisonment in the first instance. If any such ad- mission or confession is obtained it shall not be ad- missible or received in evidence.

1936.] Aborigines. [No. 43.

Subsections (1), (2), (3) and (4) of the said section

shall be renumbered (2), (3), (4) and (5) respectively.

Insertion of

31. New sections are added after section fifty-nine B new sections.

of the principal Act as follows:—

59C.

a native shall be summarily tried by a stipendiary,

police, or resident magistrate.

Every person who is charged with assaulting

59D. (1.) The Governor may by proclamation Establishment

establish a court, to be called "a court of native courts.

affairs," in any district or districts, to be specified in

such proclamation for the trial of any offence com-

mitted by a native against another native.

(2.) (a) Every such court shall be constituted by the Governor by commission in the prescribed form from time to time, as occasion requires.

The court shall lie constituted by a special magis- trate, who shall be nominated by the Governor in the commission and who shall lie chairman of the court, and the Commissioner or a protector nominated by the Commissioner.

(b)

The court shall if practicable call to its assist-

ance a headman of the tribe to which the accused per-

son belongs.

(c)

(3.) Every such court shall have exclusive jurisdic- tion in connection with the trial of any native for any such offence and may, in considering any charge which is made against a native, take into account in mitiga- tion of punishment any tribal custom which may be set up and proved as the reason for the commission of the offence.

(4.) Where it appears that any native has in pur- suance of any tribal custom committed an offence against another native, then the court may, in the case of a charge which, under the Criminal Code, may in- volve punishment of death or imprisonment without the option of a fine for any period in excess of ten years, sentence the offender to any term of imprison- ment not more than ten years with hard labour, or order that the offender be banished from his country and kept during the Governor's pleasure in prison or in some place reserved by the Governor for native

No. 43.] Aborigines. [1936.

prisoners under sentence of banishment. The proceed- ings of any such court shall be final and without ap- peal: Provided the wife of an accused native shall not be a compellable witness.

(5.) The Governor may make regulations prescrib- ing the procedure to be followed by such courts in the trial of offenders.

Natives'

Trust Fund. 59E. (1.) Any wages due to or property known to belong to a native

(a) who absconds from service; or

(b) who is deceased,

and any estate or other moneys to which a native is entitled, either as beneficiary or otherwise, shall forth- with be paid or delivered by the employer, trustee, debtor, or other person liable to pay or deliver the same to the Commissioner, and failure to do so shall be an offence against the Act.

(2.)

The Commissioner may recover any such wages

or property by action in his name in any court of com-

petent jurisdiction.

(3.)

On receipt of such wages or property the Com- missioner shall, in the ease of money, place the same to the credit of a special trust account, and where the property does not consist of money the Commissioner shall as soon as reasonably may be convert the same into money and place the same to the credit of such account.

(4) Subject to the provisions of this Act, the moneys placed to the credit of the said account as herein provided may in the ease of a native who has absconded, and in the event of no claim for the money being made by the native within a period of three years, be applied by the Commissioner for the benefit of natives generally, and in the case of a native who has died intestate, shall be applied in accordance with regulations made under the provisions of section thirty-three A.

59E. Any person who defrauds any native by any artifice, trick, or misrepresentation shall be guilty of an offence against this Act.

1936.] Aborigines. [No. 43.

59G. Whenever the Minister on the recommenda- tion of the Commissioner is of the opinion that any tribal practice of the natives or any section of the natives in any district is injurious to the natives or any section of the natives, he may give all such in-; structions as in his opinion are calculated to minimise or stamp out the practice.

Any person who disobeys any instruction of the Minister under this section shall be guilty of an of- fence against this Act.

591-1. (1.) Any person who without a permit in writing from a protector supplies any native with or permits any native to have possession of any poison or noxious substance shall be guilty of an offence against this Act.

(2.) A permit granted under this section may auth- orise any person to supply poison to a native or natives specified in the permit for a period not longer than six months from the date of the permit, or such shorter period as the protector thinks advisable, but a permit may be renewed by a protector in respect of any native or natives, provided that the period of re- newal is never greater than six months.

32. Section sixty of the principal Act is amended Amendmente. 60 of the principal Act.

(a) by adding after the word "payable" in para-

graph (h) the words "to natives";

(b) by adding a further paragraph after paragraph (h) as follows:—

(hh) Providing for contributions by natives whether in a native institution or elsewhere to a fund for the general welfare and relief of natives; and for the establishment, man- agement, and control of such fund, including eligibility for and the amount of benefits therefrom and for the payment by natives for medical treatment and other relief, but so that no such regulation shall prevent any native inmate of such institution who is unable to pay for any such treatment or relief from ob- taining same;

(c) by adding after paragraph (1c2) a new para- graph as follows:—

No 43-] Aborigines. [1936.

(k3) For the establishment of mission sta- tions and the issue of permits to mission workers;

(d) by adding a paragraph after paragraph (1) as

follows:

(m) Prescribing the procedure to be fol-

lowed in Courts of Native Affairs.

Repeal and	33. Section sixty-two of the principal Act is hereby
re-enactment

of e. 62 of the	repealed and the following substituted therefor:-
principal Act.

62. Such regulations may impose for any breach thereof

(a)	for a first offence, a fine not exceeding twenty pounds or imprisonment for any period not exceeding three months, or both;
(b)	for a second offence, a fine not exceeding fifty pounds or imprisonment not exceeding six months, or both;
(c)	for a third or subsequent offence, a fine not ex- ceeding one hundred pounds or imprisonment for twelve months, or both.

Amendment

of e. 63 of the 34. Section sixty-three of the principal Act is

principal Act.

amended by adding a proviso at the end thereof as fol-

lows:—

Provided that any native who is aggrieved on account of the refusal by the Minister to grant such certificate, or of the revocation by the Minister of his certificate under this section may appeal to a magis- trate in the magisterial district in which he resides. The magistrate may make such order regarding the

issue or revocation of the certificate as in his opinion

the justice of the case requires, and such order shall be given effect by the Minister. Such appeal shall be in accordance with the regulations, which may pre- scribe the time for appealing and the procedure to be f oll owed.

Principal Act	35. (1.) The principal Act as amended by this Act
with amend-

ments to be	shall be reprinted by the Government Printer under the
reprinted.
supervision of the Clerk of the Parliaments.

1936.] Aborigines. [No. 43.

(2.) In any such reprint

(a)

the sections and subsections shall be renumbered in arithmetical order, the paragraphs shall be renumbered or relettered in alphabetical order and the cross references adjusted, and suitable marginal notes shall be made in the margin of each section;

(b)

the words "in respect of State children by the Stale Children Act, 1907," in section fifty- five A of the principal Act shall be altered to read "in respect of wards under the pro- visions of the Child Welfare Act, 1907-1927," and the words "three hundred and eighty or four hundred and forty-nine of the Criminal Code" in section fifty-nine B shall be altered to read "three hundred and eighty-two or four hundred and fifty-two of the Criminal Code."

(3.) The short title of any such reprint shall be the

Native Administration Act, 1905-1936.