Aborigines Protection Act 1909 (NSW)

A c t N o . 25, 1909.

A n A c t t o p r o v i d e for t h e p r o t e c t i o n a n d care

of a b o r i g i n e s ; to r e p e a l t h e S u p p l y of

L i q u o r s t o A b o r i g i n e s P r e v e n t i o n A c t ; t o

a m e n d t h e V a g r a n c y Ac t , 1902, a n d t h e

P o l i c e Offences ( A m e n d m e n t ) Ac t , 1 9 0 8 ;

a n d for p u r p o s e s c o n s e q u e n t t h e r e o n or

i n c i d e n t a l t h e r e t o . [20th December, 1909.]

Assembly of New South wales in Pa r l i amen t assembled, and by the BE it enacted by the K i n g ' s Most Exce l l en t Majes ty , by and t h e advice and consent of t he Legislat ive Council and Legis la t ive

wi th

a u t h o r i t y of the same, as follows :—

1. This Act may bo cited as the " Aborigines Protec t ion Act ,

1 9 0 9 , " and shall come into force on a date to be fixed by proclamat ion

of t he Governor in the Gazet te .

2. The Acts specified in the Schedule here to are, to the ex ten t

indica ted , repealed.

3. I n th is Act , unless the con tex t or subject m a t t e r otherwise

ind ica tes or requires :—

" A b o r i g i n e " means any full-blooded aboriginal na t ive of

Austral ia , and any person appa ren t ly hav ing an a d m i x t u r e of abor ig inal blood who applies for or is in receipt of ra t ions or aid from the board or is residing on a reserve.

" Board " means board for protect ion of aborigines cons t i tu ted

u n d e r th is Act .

" L i q u o r " means and includes wine, spirits, beer, porter , s tout ,

Police,

ale, cider, per ry , or any spir i tuous or fe rmented	fluid wha tever
capable of producing intoxicat ion.

" L o c a l C o m m i t t e e " means commi t tee appoin ted by the board

to ac t in conjunct ion wi th the board under th i s Ac t .

" Prescr ibed " means prescribed by this A c t or the regulat ions. " Reserve " means area of land heretofore or hereafter reserved

from sale or lease by t h e Governor , or given by or acquired

from any pr ivate person, for the use of aborigines.

" R e g u l a t i o n s " means regula t ions in force under this Act .

" Stat ions " means s ta t ions on reserves.

4. (1) There shall be a board, to be styled " The Board for

Pro tec t ion of Abor ig ines , " to consist of the Inspec to r -Genera l of

Police, or A c t i n g Inspec tor -Genera l of Police, who shall, ex officio, he cha i rman , and not more t h a n t en o ther members who shall be appoin ted

by t h e Governor .

(2) The board shall, subject to the direction of t he Minis ter ,

be t h e au tho r i ty for the protect ion and	care of	aborigines unde r th is
Act .

(3) The board shall annua l ly elect one of its members as

v ice-cha i rman.
5. The board m a y appoint manager s of s ta t ions and such other officers as m a y be necessary.

6. The board may appoint local commit tees consis t ing of not more t h a n seven nor less t h a n th ree persons, to act in conjunct ion with t h e board, and also officers to be called guard ians of aborigines ; and may a t a n y t ime abolish such local commit tees , or remove a n y members therefrom, or cancel the appo in tmen t of any guard ian .

Such commit tees and guard ians shall exercise and perform the powers and dut ies prescribed by this Act and the regulat ions .

7. I t shall be the du ty of the board—

(a) to, wi th t he consent of the Minister , apport ion, d is t r ibute ,

and apply as may seem most fitting, any moneys voted by Pa r l i amen t , and any other funds in its possession or control , for the relief (if aborigines ;

(b)	to distribute blankets, clothing, and relief to aborigines at the discretion of the board ;
(c)	to provide for the custody, maintenance, and education of t h e chi ldren of aborigines ;
(d)	to m a n a g e and regula te t he use of reserves ;
(e)	to exercise a general supervision and care over all matters affecting the interests and welfare of aborigines, and to
pro tec t t h e m against injustice, imposit ion, and fraud.

u n d e r the board, or a person ac t ing unde r t he board 's direction, or	no t be lawful for any person other than an aborigine, or an officer 8. (1) Al l reserves shall be vested in t he board, and it shall
unde r the au tho r i t y of the regula t ions , to enter or remain upon or be wi th in t he l imits of a reserve upon which aborigines are residing, for a n y purpose whatsoever.
(2) The board may remove from a reserve any aborigine who is gu i l ty of any misconduct , or whO, in the opinion of t he hoard, should be ea rn ing a l iv ing away from such reserve.
(3) A n y bu i ld ing erected on a reserve shall be vested in and become the proper ty of the board, also all cat t le , horses, pigs, sheep, mach inery , and proper ty thereon purchased or acquired for t he benefit of aborigines.

K 9.

9. Any person who gives, sells, or supplies, except in ease of accident , or on the prescript ion of a duly qualified medical prac t i t ioner , any l iquor to any aborigine, shall be guil ty of an offence aga ins t th is Act . N o t h i n g in th i s section -hall a i l e d the operation of the

L iquor ( A m e n d m e n t ) Act , 1905.

10. Whosoever , not be ing an aborigine, or the child of an aborigine, lodges or wanders in company with any aborigine, and does not, on being required by a jus t ice , give to his satisfaction a good accoun t tha t he has a law lid fixed place of residence in New South W a l e s and lawful means of suppor t , and that lie so lodged or wandered for some t empora ry and lawful occasion only, and did not cont inue so to do beyond such occasion, shall be gui l ty of an offence against th is Act .

11. (1) The board may, in accordance with and subject to t he provisions of the Apprent ices Act , 1901 , by inden tu re bind or cause to be bound the child of any aborigine, or the neglected child of any person appa ren t ly hav ing an a d m i x t u r e of aboriginal blood in his veins, to be apprent iced to any master , and may collect and ins t i tu te proceedings for the recovery of any wages payable under such inden tu re , and may expend the same as the board may think fir in the interest of the child.

Every child so apprent iced shall be under the supervision of

the board, or of such person as may be authorised in t ha t behalf by

t he regulat ions.

A n y such child so apprent iced shall be liable to be proceeded agains t and punished for absconding, or for other misconduct , in t he same way as any child apprent iced by his father with such chi ld 's consent .

(2) For the purposes of this section, the words " neglected child " shall have the same mean ing as that assigned to t h e m in the Neg lec t ed Children and J u v e n i l e Offenders Act , 1 9 0 5 : Provided t h a t for such purposes a person shall be deemed a child who is above fourteen and under twenty-one years of age. (3) No th ing in. this section shall affect the provisions of

t he Neglec ted Children and Juven i l e Offenders Act , 1905.

12. A court , upon complaint made by the board tha t any person to whom any such child has been appren t iced is no t per forming the condit ions of such indenture , or is unfit to have the fur ther care or control of such appren t ice , may s u m m o n such person to answer such complaint , and on proof thereof on oath may order such appren­ t iceship to be pu t an end to.

I n this section " c o u r t " has the m e a n i n g given in t he

Neglected Children and Juven i l e Offenders Act , 1905.

13. Any person who entices a child appren t iced as aforesaid

to leave his lawful service, or who ent ices the child of any aborigine,

or

or of any person apparen t ly hav ing an a d m i x t u r e of aboriginal blood in his veins, to leave any school, home, or ins t i tu t ion , w i thou t the consent of the board, shall he gui l ty of an offence agains t this Act .

14. The board may cause any aborigines, or any persons apparent ly hav ing an admix tu re of aboriginal blood in their veins, who are camped or are about to camp wi th in or near any reserve, town, or township to remove to such distance from the reserve, town, or townsh ip as they may direct.

15. Eve ry b lanke t or other art icle issued by the G o v e r n m e n t

or by the board to any aborigine shall be considered to be on loan only, and to he the proper ty of the hoard, and any unauthor ised person other than an aborigine who has in his possession or cus tody any b lanke t , or o ther ar t icle or portion thereof, which reasonably appeal's from the marks thereon or otherwise to have been so issued shall be gui l ty of an offence against this Act .

16. (1) If it appears to a court on compla in t by or on behalf of t he board that any near relative is of abil i ty to ma in ta in or to con t r ibu te to the ma in tenance at the cost of the Gove rnmen t of any child of an aborigine under s ixteen and over live years of age, the court may on summons order such near relative to pay to the hoard a reasonable sum. in ins ta lments or otherwise, as the court directs for or t owards—

(a) the past maintenance of such child, whether such child he alive or nut at the t ime of the app l ica t ion ;

(h) the future main tenance of such child :

Provided tha t in any proceedings in respect of the
main tenance of an i l legi t imate child, of which the defendant

is al leged to be the father, no order under th is section shall

be m a d e —

(c)	upon the evidence of the mother, unless her evidence be corroborated in some mater ia l par t icu lar ; or
(d)	if the court is satisfied t h a t a t the t ime the child was begot ten
the mother was a common prost i tu te .

(2) Where an order under this section is made in respect

of a person against whom an order has been m a d e in respect of the child unde r the Infant Protec t ion Act , 1904, or the Neglected Children and Juven i le Offenders Act , 1905, the cour t may rescind or amend any such las t -ment ioned order, so as to secure t h a t the said person do not pay twice for tin; ma in t enance of the same child.

(."5) A n y order made under this section may be enforced, appealed from, quashed, confirmed, or varied, in the same m a n n e r in all respects as orders made under Pa r t 11 of tin 1 I n f an t Protec t ion Act , 1904. A n d the court may issue a war ran t for the arrest of any person absconding from the State wi th a view to evade compliance wi th any such order.

CO

(4) I n th is section " c o u r t " and " n e a r r e l a t i v e s " have ,

respectively, the mean ings given in the Neglec ted Chi ldren	a n d
Juven i l e Offenders	Act . 1905.

17. A n y person gui l ty of an offence against this Act shall be

l iable to a pena l ty not exceeding twen ty pounds .

18. Proceedings for an offence against this A c t or for a

con t raven t ion of t he regula t ions may be t aken before a s t ipendiary or

police mag i s t r a t e or any two just ices by a m e m b e r of a local commit tee , a guardian , a m e m b e r or an officer of the board, or member of the police force.

19. A n y s tat ion or reserve on which aborigines are located, and any bui ld ings , and the stores, stock, and any o the r m a t t e r or t h i n g the reon or there in , m a y be inspected by any m e m b e r of t he board, or, on t h e au tho r i t y of the board, by any member of a local commit tee , guard ian , or by any m e m b e r of t he police force if such m e m b e r is also author ised by the Inspec tor -Genera l of Police. The

person m a k i n g such inspect ion shall repor t the reon to t h e board.

20. (1) The Governor may m a k e regula t ions for all or any of

the ma t t e r s following	:—
(a)	Prescribing the mode of transacting business and the duties generally of the board, local commit tees , guardians , and persons employed to carry out the provisions of this Act .
(b)	Authorising entry upon a reserve by specified persons or classes of persons for specified objects, and the conditions unde r which such persons may visit or remain upon a reserve, and fixing the durat ion of thei r stay thereupon, and providing
for t he revocat ion of such au thor i ty .
(c) Prescr ib ing	the mode of dis t r ibut ion and expendi ture of

monevs g ran ted by P a r l i a m e n t for the assistance of aborigines.

(d) Apportioning amongst or for the benefit of aborigines the earn ings of any aborigines l iv ing upon a reserve.

(e) P rov id ing for t he care, custody, and educat ion of aborigines.

(f)	Prescribing the conditions on which certain children may be
apprent iced unde r th is Act .
(g)	Providing for the mode of supply to aborigines of rations, b lanke ts , and o ther necessaries, or any medical or other relief or assistance.
(h)	Providing for the control of aborigines residing upon a reserve, and for t he inspection of chi ldren appren t iced u n d e r this Ac t .
(i)	Ma in t a in ing discipline a n d good order upon reserves.
(j)	Allotting land on any reserve for occupation by individuals or families.

(k) "For e a r n i n g out the provisions of this Act.

(1) Impos ing any pena l ty not exceeding ten pounds for t he b reach

of any regula t ion .

(2)

(2) Such regula t ions shall—-

(i) be publ ished in t he Gazet te ;

(ii)   take effect from the date of publication, or from a later date

to be specified in such r egu l a t i ons ; and

(iii) be laid before bo th Houses of Pa r l i amen t wi th in fourteen

days after publ icat ion if P a r l i a m e n t is in session, and, if not ,

then within four teen days after t he c o m m e n c e m e n t of the

nex t session. B u t if e i ther House of P a r l i a m e n t passes a

resolut ion at any t ime wi th in fifteen s i t t ing days after such regula t ions have been laid before such House disallowing any regula t ion , such regu la t ion shall the reupon cease to have effect.

S C H E D U L E .

Reference to A c t a . Title or short title. Extent of repeal.

31 Victor ia No. 16	Supply of Liquors to Aborigines Prevent ion A c t	The whole.
No. 74, 1902	Vagrancy Act, 1902	Section 4 (1 b), and the definition of " aboriginal " in section .'!.

No. 12, 1908 Police Offences ( A m e n d m e n t ) Act , 1908 Section 3.