The Northern Territory Aboriginals Act 1910 (SA)

GEORGII V REGIS.

An Act to make Provision for the better Protection and Control of the Aboriginal Inhabitants of the Northern Territory, and for other purposes.

[Asseded to, Decembev 7th, z91o.l

E it Enacted by the Governor of the State of South Australia,

follows: B with the advice and consent of the Parliament thereof, as

1. This Act may be cited as The Northern Territory Aboriginals s b ~ title.

Act, 1910."

A- 1024

2, I n this Act, unless inconsistent with the context or subject Definitions.

matter-

" Aboriginal institution " means and includes any mission station, reforwatory, orphanage, school, home, reserve, or other insti- tution for the benefit, care, or protection of the aboriginal or half-caste inhabitants of the Northern Territory, w.A., 14,1906, #. 2.

Chief Protector " means the Chief Protector of Aboriginals

appointed under this Act:

"Department" means the Northern Territory Aboriginals

Department:

District " means a district declared under this Act:

Government

r 0 GEORGII V, No. 1024. --

pp --a-

The Northern Territory Aboriginals Act.-1910.

.' Gocer nment Gazette " means the Swth Austmiian Government Gazette published in Adelaide, or such newspaper or pllblica- tion published in the Northern Territory, as the Minister, by notice in the South Austrrclian Govwnment Gnzelfe, has heretofore or shall hereafter appoint to be the Govemmen t Gazette in the Northern Territory:

"Gun" includes any firearm from which any shot, bullet, or other missile can be discharged:

" Half. caste " means any person who is the off spring of an aboriginal mother and other than an aboriginal father: Provided that the term half-caste," wherever it occurs in this Act except in section 3, does not, unless the context requires such a construction, include any half-caste who under the provision8 of that section is deemed' to be an aborigin a1:

" Justice " means Justice of Peace for the State:

"Minister" means the Minister of the Crown to whom the administration for the time being of this Act is committed by the Governor:

"Northern Territory " means so much of the State as lies to the north of the twenty-sixth parallel of south latitude:

Police officer " means any member of the Police Force: Prescribed " means prescribed by this Act or regulation: Proclamation " means Proclamation published in the Govern-

ment Gazette:

fi Protector " means a Protector of Aboriginals appointed under

this Act, and includes the Chief Protector;

M Regulation " means a regulation for the time being in force

under this 4 c t:

Reserve" means a reserve for aboriginals declared under this Act:

" State " means the State of South Australia:

'' Superintendent " means a superintendent appointed under this Act for a reserve:

This Act " includes regulations.

who are ~tmriginala.

Ibid., a. 3. 3. (1) Every person who is-

(a ) An aboriginal native of Australia or of any of the islands

adjacent or belonging thereto; or

( b ) A half-caste who lives with such an aboriginal native as

wife or husband; or

(c) A half-caste who, otherwise than as wife or husband of such

an aboriginal native, habitually lives or associates with

such aboriginal natives; or (4 A

I " GEORGII V, No. 1024. 3

-

The Northern Territory Aboriginals Act.-1910.

(d) A half-caste child whose age does not apparently exceed

sixtee11 years

shall be deemed to be an aboriginal within the meaning of this Act and of every Act passed before or after this Act, unless a contrary intention appears.

(2) In this section the term "half-caste " includes any person either but not both of whose parents is or was an aboriginal, and any child of any such person.

Administration.

the Northern 'Territory Aboriginals Department, which shall be Ibid., L 4, There shall be a department under the Minister, to be called Department. '

charged with the duty of controlling and promoting the welfare of

the aboriginals.

5. The Treasurer of the State shall, in every year, place at the ~ m d s to be provided

disposal of the Department such sums as are provided by Parlia- by Parliament.	Ibid., e. 6.
ment, to be applied to the purposes of the Department.

6. I t shall be the duty of the Department- Duties of Depart- ment.

(1) To apportion, distribute, and apply, as seems most fit, Ibid., s. 6.

under the direction of the Minister, the moneys at	the
disposal of the Department:

(2) To distribute blankets, clothing, provisions, and other

relief or assistance to the aboriginals:

(3) To provide, as far as practicable, for the supply of food,

medical attendance, medicines, and shelter for the sick,

aged, and infirm aboriginals:

(4) To provide, when possible, for the custody, maintenance,

and education of the children of aboriginals:

(5) To manage and regulate the use of all reserves for aborigi-

nals:

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

7. (1) The Governor shall appoint a Chief Protector of Abo- Chief pmts~tor.

rigfnals for the Northern Territory. Ibid., a. 7.

(2) The Minister may from time to time appoint such peraons Pmtwtors.

as he deems proper to be Protectors of Aboriginals, who shall, within the districts respectively assigned to them, have and exercise the powers and duties prescribed.

for the administration of the Department and the execution of this Ibid 8. The Chief Protector shall, under the Minister, be responsible t;;,";"!z~;f

Act.

4 I" GEORGII V, No. 1024.

The No~tkRTn Territory Aboriginals Ad.-1910.

Legal guardian.

Ibid., s. 8.	Q. (1) The Chief Protector shall be the legal guardian of every child has a parent or other relative living, until such child attains the age of eighteen years, except, whilst such child is a State child
Cf. S.A. 12, 1844,	aboriginal and every half-caste child, notwithstanding that any such
S. 5.

Nu. of 1895. within the meaning of The State Children Act, 1895," or any Act

amending or substituted for that Act.

(2) Every Protector shall, within his district, be the local guardian of every such child within his district.

(3) Such local guardian shall have and exercise the powers and duties prescribed.

Diatriota.	10,	The Governor may, by Proclamation-
Q., 17, 1897, a. b.

(a) Declare any portion of the Northern Territory to be a

district for the purposes of this Act, and shall by such

Proclamation assign a name to such district:

( b ) Alter the boundaries of	any district:
(c) Abolish any district.

Removal of Aboriginals.

Unlawfull~ *moving

aboriginal from 11. (1) Any person who, without the authority in writing of a

dietrict.	Protector, removes or causes to be removed any aboriginal, or any
Ibid., a. 7.	female half-caste, or any half-caste child under the age of eighteen years from one district to another, or to any place beyond the
Northern Territory, shall be gnilty of an offence against this Act.
(2) This section shall not apply to the removal by any parent of any child, of whatever age, of such parent.
Recognizance
removal.

before 12. (1) Before authority is given under section 11 the person desiring the removal shall enter into a recognizance, with such surety or sureties as the Protector approves, in a sum which the Protector considers sufficient to defray the expense of the return of

Ibid.

removed.	the aboriginal or half-caste to the place from which he is to be	(2) Every such recognizance shall be in the prescribed form, and shall be taken in duplicate by a Protector or poiice officer, who shall forthwith forward one part to the Chief Protector. A recog- nizance may be renewed from time to time at the discretion of the Chief Inspector.
(3) The Protector may dispense with such recognizrtnce, in his discretion, in any particular case.

.Reserves and Institutions.

Beservea for

aboriginal. 13. The Governor may, by Proclamation-

W.A. lr,l906,r.10.	( a ) Declare any Crown lands to be a reserve for aboriginals:
( b ) Alter the boundaries of any reserve;

( c ) Abolish

I" GEORGII V, No. 1024. fi

The Northern Territory Abor.iginaLls Act.--lglO.

(c) Abolish any reserve:

and may, in the manner and subject to the conditions prescribed by " The Northern Territory Crown Lands Act, 1890," or by any Act for the time being in force in that behalf, resume any leased Crown lands for the purpose of declaring the same to be a reserve for aboriginals.

14. The Goveruor may appoint such person as he deems proper Superintendents of

to be the Superintendent of a reserve, and may appoint such (if any) re"'VB"'

other officers of a reserve as he deems necessary. W.A. 14,1906, e. 11.

15, (1) The Governor may grant leases of any Crown lands to eases to institu-

any mission or other aboriginal institution for any term not tions. Cf. N.T. Land Act,

exceeding twenty-one years, a t such rent and on such terms as he 722, 1 ~ 9 9, ~.	89.
thinks fit, in blocks not exceeding in any case two hundred square miles of rectangular shape as nearly as practicable, and not less than one hundred miles apart.
(2) Every such lease may confer a right of renewal, provided it can be shown to the satisfaction of the Minister that the lands therein described are required for and applied to the use and entirely for the benefit of aboriginals or half-castes, or both.

16, (1) The Chief Protector may cause any aboriginal or half- Aborigioels may be

caste to be kept within the boundaries of any reserve or aboriginal W.A. 11, 901, removed to reserves.

institution, or to be removed to and kept within the boundaries of	12.
any reserve or aboriginal institution, or to be removed from one reserve or aboriginal institution to another reserve or aboriginal institution, and to be kept therein.
(2) Any aboriginal or half-caste who refuses to be so removed, or resists such removal, or who refuses to remain within or attempts to depart from any reserve or institution to which he has been so removed, or within which he is being kept as aforesaid, shall be

guilty of an offence against this Act.

17, Every aboriginal- Exernption.3 from liability to removal

( a ) Who is lawfully employed by any person, or	to reserve.
Ibid., B. 13.
(6) Who is the holder of a permit to be absent from the reserve
(c) Who is a female lawfully married to and residing with a

husband who is not himself an aboriginal, or

(d) For whom, in the opinion of the Chief Protector, satis-

factory provision is otherwise made,

shall be exempt from the provisions of section 16.

remains or is within the boundaries of an aboriginal institution, merve or institution. 18, Any person who, for any purpose whatever, enters or Unlawfully entering

unless he is- Ibid., M. 14 and 16,

I. An aboriginal, or 11, The

I" GEORGII V, No. 1024. -- --

The Northern Territory Aboriginals Act.--1910.

rr.	The Minister, or
1 1 1.	A Protector, or Superintendent, or Police Officer, or

rv. A person authorised in that behalf by the Minister or by

a Protector, or by the Superintendent of the reserve or

institution in question, or

v. A person authorised in that behalf by or under the regula-

tions,

shall be guilty of an offence against this Act.

U ~ ~ I V M I ~ removin 19, Any person who removes an aboriginal, or causes, assists,

Or from enticing reserve. ab0~i+3 entice. or persuades an aboriginal to remove from a, reserve or '-?

Ibid., a. 16. aboriginal institution, unless such person is-

I. The Minister, or

11. A Protector, or

111. The Superintendent of such reserve or institution, or

IV. A person authorised in that behalf by the Minister, or by a

Protector, or by the Superintendent of the reserve or institution in question, or

v. A person authorised in that behalf by or under the regula-

tions,

shall be guilty of an offence against this Act.

Onue of proof of

authority. 20, In any proceedings in respect of an offence under section

18 or section 19 the onus of proving that the person charged was

authorised as mentioned in subdivision I V. or v. of either of the said

sections shall be upon such person.

Mining not allowcd

on reeerves. 21. (1) Notwithstanding the provisions of " The Northem

Q. 1, 1901, B. 16. Territory Mining Act, 1903," and " 'l'he Mining on Private Property

Act, 1909," or either of those Acts, or any ,4ct amending or sub-

KO. 839 of 1903.

No. 992 of 1909.

stituted for either of those Acts, no holder of a miner's right shall be entitled to enter, or remain, or be within the limits of any reserve for aboriginals except under the written permit of a Protector.

(2) I n any case where such permit is refused or withdrawn the holder of the miner's right shall have the right to appeal to the Minister, who may confirm or reverse the decision of the Protector.

(3) Any such holder who, without such permit, the proof of

which shall lie upon him, is found on any such reserve shall be

guilty of an offence against this Act.

In terrnawiage with AboriginaZs,

Marriage of female

aboriginals.	22. (1) No marriage of a female aboriginal with any person in writing, of a Protector authorised by the Minister to grant per- mission in such cases.
Q. I, 1901, B. 9.	other than an aboriginal shall be celebrated without the permission,

W.*. l4,l~o6,~. 42.

(2) Whenever

. I " GEOKGII V, No. 1024.

-- .m--- - -- P P- - a -- - - U - -- -. - - .- - - h -

The Northern Territary Aboriginals Act.-1 910.

(2) Whenever a Protector grants such permission he shall, as soon as practicable, transmit a copy thereof to the Minister.

(3) If any such marriage is celebrated without the permission required by this section each of the parties to thr marriage and the person who celebrated the marriage shall be guilty of an offence against this ,4ct.

Bmployment qf Aboriginals and Female Half-casks.

23, (1) No person shall, after six months from the passing of Aboriginals not to be

this Act, continue to employ or employ any aboriginal or any female ~ ~ $ ~ ~ $ b ~ m n,

half-caste unless such person has a licence to employ aboriginals in

the prescribed form for the time being in force.

(2) Any person who contravenes any of the provisions of this Ibid., 88. 17 and 21.

section shall be guilty of an offence against this Act, and shall be Q. 17,1897,s. 14 ;

liable to a penalty of not less than Two Pounds and not exceeding and 1, 1901, a. 4.

Twenty Pounds, or to be imprisoned for a term not exceeding two months,

(3) Nothing in this section or elsewhere in this Act shall be Except in caae of

deemed to render unlawful the apprenticing of aboriginal or half- g;.d 6pp*ntim-

caste children in manner and subject to the conditions prescribed cf. so W-

by any re.gulation in that behalf. Q. 17, 1897, a. 31 (8).

24, (1) Any person desiring to obtain a licence to ' employ Application for

aboriginals may apply therefor to the Protector of the district within licence.

which, or nearest to which, such person resides.

(2) If the Protector is satisfied that the applicant is a fit person

to be so licensed, he may, upon payment of the prescribed fees, grant

to him a licence in the prescribed form.

(3) If the application is refused, the applicant may appeal to the

Chief Protector, who may, if satisfied that the applicant is a fit

person to he licensed as aforesaid, and upon payment of such fees as aforesaid, grant to him a licence in the prescribed form, and shall	in that case inform the Protector of the granting of the licence.
(4) No licence to employ aboriginals shall be granted to any person of any Asiatic race or of any other race prohibited in that behalf by I-egulation.

25, (1) A licence to employ aboriginals shall remain in force Licence granted for

for one year froin the date thereof: Provided that the Chief :g$iJpt may be

Protector may at any time cancel any such licence if he deems the holder there01 an urkt person to be so licensed.

(2) Upon delivery to the holder of any such licence of a notice in writing by the Chief Protector cancelling the same, the licence shall cease to be in force, and shall be delivered by the holder thereof to any Protector or police officer upon demand; and in default of delivery of the same on demand the holder shall be goilty of an offence against this Act, and shall be liable to a penalty not exceeding Ten Pounds. 26. (1) Every

1' GEORGII V, No. 1024.

The Northern Territory Aboriginals Act.-l 910. p- -

Return of employ 6s	28, (1) Every holder or past holder of a licence to employ abo- riginals shall, within three months after the termination of each period of six months of the term for which the licence is granted, furnish a return in writing of emploj ks during such period to the Protector in whose district such Iiolder resides or the Protector of the district nearest to which he resides.
to be furnished.
(2) Such return hall state the name of every aboriginal or female half-caste employed by the holder or past holder of the licence during the period of six months for which it is made, and the wages or remuneration paid to each such employ&
(3) Any holder or past holder of such a licence who fails to comply with this section, or who wilfully makes an untrue return, shall be guilty of an offence against this Act, and shall be liable to
a penalty not exceeding Twenty-five Pounds.

W ea in w e of 27. If any aboriginal or half-caste employed on board of or in

d e X or dmrtion.

connection with any ship, vessel, or boat, dies or deserts his employ-

Q., 1,1901, a. 10 (6).

ment., all wages due to him up to the time of his death or desertion

shall be paid to the harbormaster at the port of discharge.

Penalty for neglect to	28. (1	) Any master of	a ship, vessel, or boat, or any other person
convey aboi-iginal

back to his place or	who neglects or refuses to convey, or cause to be conveyed, any
district.	aboriginal or half-caste who has been party to an agreement for
W.A., 14, 1906,s. 31.	employment with him back, before the expiration of such agreement, to the place or district to which such aboriginal or half-caste belongs, shall be guilty of an offence against this Act.
(2) Any person convicted of such offence may be ordered by the Magistrate, Justice, or Justices, at his own expense, to convey the aboriginal or half-caste back to the place or district to which he belongs, by such route as to the Magistrate, Justice, or Justices seems fit, or may be required to pay such sum as to the Magistrate, Justice, or Justices seems sufficient to pay for the conveyance of the
aboriginal or half-caste to such place or district, and such sum shall, for all purposes, be and be deemed to be added t o the penalty im-
posed for the offence, so as to be recoverable as part thereof.

Payment of wages to 29. (1) A Protector may direct the employer of any aboriginal

responsible person.	or any female half-caste to pay the wages of such aboriginal or half-
Q., 1, 1901, a. 12 (2).	caste to himself or some police officer named by him, and any wages paid thereafter, otherwise than as so directed, shall be deemed not to have been paid.
(2) The Protector or police officer who receives any wages under such direction shall expend the same solely on behalf of the aboriginal or half-caste, and shall keep an account of the receipts and expenditure thereof.

Employment on	30,	(1	No male aboriginal or half-caste under the age of	eighteen
mhips and boats.

W.A. 14,1906, M. 19

years, an no female aboriginal or half-caste of whatever age, d

WI 20.

shall be employed on board of or about any ship, vessel, or boat;

nor

I" GEORGII V, No. 1024.

The Northern Territory Aboriginals Act.-1910.

nor shall any person, without the authority in writing of a Pro- tector, permit any such aboriginal or half-caste to be or remain upon any ship, vessel, or boat: Provided that this subsection shall not apply in the case of any female aboriginal or half-caste who is lawfully or tribally married so long as shc is accompanied by her husband.

(2) No aboriginal or half-caste shall be employed oil board of or about any ship, vessel, or boat trading with or voyaging to any place outside the Northern 'l'erritory: Provided that this subsection shall not apply to any ship, vessel, or boat which is for the time being in the use of the British Imperial Government or of the Government of the Commonwealth of Australia or of any State thereof.

(3) Any person who, contrary to this section, employs any aboriginal or half-caste, or permits any aboriginal or half-caste to be on any ship, vessel, or boat under his control, shall be guilty of an offence against this Act.

31, Every employer shall-	tector, &c.
Inspection by PIU-

I. Produce to any Protector or police otKc?r, on demand, the Cf.ibid., 8.28.

permit, or permit and agreement, as the case may be, under which any aboriginal or half-caste is employed by such person; and

11. Allow any Protector or police officer, at all reasonable times,

to have access to any aborigiital or half-caste employed by such person, and to enter any house, ship, vessel, boat, or premises where such aboriginal or half-caste is or is employed, for the purposes of inspection and inquiry.

caste to leave his or her lawful employment shall be guilty of an employment. 32. Any person who entices or persuades any aboriginal or half- Enticing to leave

offence against this ,4ct Ibid., a. 44.

33, If an aboriginal or half-caste dies whilst in the service of any Deathinomployment.

person, such person shall forthwith, after the death, or, if the Ibid., a. 32, altered.

deceased was employed on any ship, vessel, or boat, forthwith after the arrival of such vessel or boat at any port in the Northern Territory, transmit to the nearest Protector, if practicable, or, if not, then to the Chief Protector, notice of the death in writing signed by such person, and containing such particulars as will enable the deceased to be identified; and shall forward to such Protector or to the Chief Protector any wages due to the deceased. and any moneys in the possession of the deceased at the time of his death.

Blankets, &C., supplied to Aboriginals.

34. (1) All blankets, bedding, clothing, and other articles or Blankeb. etc., imed

property issued by or under the direction of the Department to

any aboriginal or aboriginals shall be and remain the property of (ioremont.

His Majesty. Q. 17, 1897, 8. 18.

' 5 1 0 2 4 (9 ) Any

10 r 0 GEORGII V, No. 1024. -~ -.

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The Northern Territory Aboriginals Act.-1910.

Penalty for eelling or

receiving. (2 ) Any aboriginal receiving any such blanket or other article or property who sells or otherwise disposes of the same without the sanction of a Protector, and any person who, without such sanction, takes, whether by purchase or otherwise, or is found in possession of, any such blanket or other article or property shall be guilty of an offence against this Act.

Firearms.

Sup~lyin firearma to

aim+&. 35. Any person who sells or delivers any gun to an aboriginal, carry firearms granted to him by a Protector, which is in force at the time of the saIe or delivery, shall be guilty of an offence against this Act.

W.A. 14, 1906, 8. 60. unless such aboriginal has a licence in the prescribed form to

Aboriginal w-ing	36,	(1) Any aboriginal who uses or carries a gun without having
firearm# without

licence.

a licence in the prescribed form to carry firearms granted to him

Ibid., B. 47.1

by a Protector, which is in force at the time of using or carrying

such gun, shall be guilty of an offencc against this Act.

(2) Any Magistrate, Justice, or Justices may make such order as to the forfeiture or disposal of any gun found in the possession of any aboriginal contrary to this section as to him or them seems fit.

Production of licence

may be demanded. 37. (1) Any Protector or police officer may demand from any

Ibid., 8. 48.

aboriginal using or carrying a gun the production of his licence to

c a r 6 firearms.

Refusing to prodnce.

(2) Any aboriginal upon whom such demand is made who does not produce such a licence duly granted to him under this Act, and in force at the time, or does not permit such Protector or police officer to read such licence, shall be guilty of an offence against this Act.

Firearms may be 38, Tt shall be lawful for any Protector or police officer to take

taken away.

Ibid., 8. 49, from any aboriginal any gun found in his possession, if such aborigi- nal does not on demand produce a licence to carry firearms duly granted to him under this Act, and in force at the time.

Exemption where 39. Sections 35 to 38, inclusive, shall not apply where the

travelling in the bush.	aboriginal-
New.

(a) Is travelling under lawful employment; and

( b ) Is not within two miles of ally town or township, or any

permanent dwelling-house; and

(c) His employer has delivered the firearm to him only for pur- poses of protection: Provided that the exemptions allowed by this section shall not apply-

I. In the case of the aboriginal, unless upon coming

within two miles of any town or township, or

any permanent dwelling-house, or as soon as

practicable

1' GEORGtI V, No. 1024.

The Northerw Territory Aborigimls Act.-1910.

praciicable thereafter, he delivers the firearm to his employer, or hie servant, or to some Pro- tector or police officer:

1 1. In the case of the employer, unless the aboriginal so Power to cancel

delivers the firearm, or, in case of his failure so fi,a,,,. licence to carry

to do, the employer, as soon as practicable there- N,,.

after, reports the failure to some Protector or

police officer, and renders aLI assistance in his

power to discover the whereabouts of the firearm.

(1) Any Protector may at any time cancel a licence to carry

firearms granted under this Act to an aboriginal, if he deems such

aboriginal an unfit person to carry a gun.

40.

(2) Upon delivery to such aboriginal of a notice in writing by a

Protector cancelling such licence, the licence shall cease to be in force, and shall be delivered by such aboriginal to any Protector or police officer on demand; and in default of such delivery on demand such aboriginal shall be guilty of an offence against this Act.

41. In any prosecution under section 35 or section 36 the proofof licence.

burden of proof that the aboriginal held a licence to carry firearms, W.& 14, 1905, s. 51

which was in force a t the time, shall lie on the defendant, and, until the contrary is shown to the satisfaction of the Magistrate, or Justice, or Justices, it shall be presumed that ,the aboriginal did not hold such a licence.

Aborzginal Camps and Prohibited Areas.

42. (1) I t shall not be lawful for any person, other than a Super- Frequenting camps

intendent, Protector, or a person acting under the direction of a prohibited. Superintendent, or under the permission in writing of a Protector, Ibid.$ a. 36. without lawful excuse, to enter, or remain, or be within or upon

any place where aboriginals or female half-castes are camped.

within five chains of any such camp, shall be guilty of an offence	the proof whereof shall lie upon the person accused, is found in or (2) Any person, save as aforesaid, who, without lawful excuse,	against this 9 c t: Provided that no person shall be prosecuted for an alleged offence under this section except by or by the direction of a Protector.
(3) For the purposes of this section any aboriginals or half-castes shall be deemed to be camped where they for the time being have their sleeping place, and such sleeping place shall be deemed to be their camp.

43. (1) If ai; any time he thinks it necessary so to do, a Pro- Aboriginalacampiag

tector may order and cause any aboriginals or half-castes who are in townshipt~.

camped, or are about to camp, within the limits of or near any 'bid-ta. 37.

municipality, town, township, public-house, or wine and spirit store,

to remove their camp or proposed camp to such distance from such

municipality, town, township, public-house, or wine and spirit store,

as he directs; and all police officers shall assist the Protector in

carrying out the provisions of this section. (2) Any

t o GEORGII V, No. 1024.

The Northern Territmy Aboriginals Ad.-1910.

'(2) i4ny aboriginal or half-caste who neglects or refuses to obey

such order shall be guilty of an offence against this Act.

Loitering in town- 44, (1) Any Justice or police officer may order any aboriginal or

rhipr.	half-caste found loitering in any municipality, town, township,
Ibid., U. 38.	public-house, or wine and spirit store, or being therein and not decently clothed, forthwith to leave such municipality, town, town- ship, public-house, or wine and spirit store.
(2) Anv aboriginal or half-caste who neglects or refuses to obey such orde; shall be guilty of a,n offence against this Act.

Prohibited areas. 45, (1) The Governor may, by Proclamation, whenever in the

Ibid., S, 39.	interest of the aboriginals he thinks fit, declare any municipality, town, township, or other place to be an area in which it shall not be lawful for aboriginals or half-castes, not in lawful en~ployment,
to be or remain.
(2) Every aboriginal or half-caste who, after warning given in writing or verbally, enters or is found within such area without the permission in writing of a Protector or police officer shall be guilty
of an offence against this Act.

Curatorship of Aborigina 1s' E' ,states.

Chief Plotector

curator of 46. (1) The Chief Protector may undertake the general care,

aboriginals' estatee.	protection, and management of the property of any aboriginal or
Ibid., a. 33	half-caste, and may-

I. Take possession of, retain, sell, or dispose of and give a

valid title to any such property, whether real or personal;

11. In his own name sue for, recover, or receive any money or other property due or belonging to or held in trust for the benefit of any aboriginal or half-caste, or damages for any

conversion of or injury to any such property:

II< Exercise, in the name of any aboriginal or half-caste, any power which the aboriginal or half-cnste might exercise for his own benefit:

iv. I n the name and on behalf of the aboriginal or half-caste, appoint any person to act as attorney or agent for any purpose connected with the property of such aboriginal or half-caste:

Provided that the powers conferred by this section shall not be exercised without the consent of the aboriginal or half-caste, except so far as may be necessary to provide for the dne preservation of such property.

(2) The Chief Protector shall keep proper records and accounts

of all moneys and other property, a,nd the proceeds thereof, received

or dealt with by him under the provisions of this section.

Maintenance

I" GEORGII V, Na. 1024.

--------p - -- -

The Northern Territory Aboriginals Ad.-1 910.

Main tenan ce of Half-caste Children.

47. (1) Whenever a half-caste child whose age does not exceed Contributionto

eighteen years is being maintained a t any aborigmal institution, or bdf -caste child. maintenance of

at the cost of the C;overnment of the State, a Protector may apply Ibid., 8. 34.

to a Justice for a summons to be served on the alleged father of

such child to show cause why he should not contribute towards the

support of such child.

(2) 011 the return of such summons any two Justices shall pro- ~ummms.

ceed to hear the matter of the complaint, and if the paternity of the defendant and his ability to contribute to the support of the child are proved to the satisfaction of the Justices, they may order the Order.

defendant to pay such weekly sum, not exceeding Ten Shillings, for the maintenance of such child, as such Justices think fit: Provided that no person shall be taken to be th- father of such child unless the evidence of the mother be corroborated in some material. particular.

(3) Any two Justices, on the compiaint of any such father or of Van'ance of order,

a Protector, while the first or any subsequent order continues in force, mav make further inquiry iirto sucg father's ability to con- tribute as aforesaid, and may remit or lessen the amount of the weekly payment that has been adjudged by the last preceding order, or may increase the same if they see cause to do so, but so that the amount shall not in any case exceed the weekly sum of Ten Shillings.

(4) Whenever, after the making of such order as aforesaid, it is Default of payment

made to appear to any Justice, by a complaint in writing and upon Ornbwond'g. oath, that any weekly sum or sums to be paid i n pursuance of such order has or have not been paid, or that the father named in such order is about to leave the State, or to remove from his usual place of residence, without having first notified his intention to the Pro- tector for the district in which such usual place of residence is situated, or to the Chief Protector, or without having made due	provision for the paynlect of such weekly sums, such Justice may,	by warrant under his hand, cause such father to be brought before
him or some other Justice to answer the complaint.

(5) On the return of such warrant the ~us t ice shall proceed to Entorcemeotof order.

hear the matter of the complaint, and, if the same is to his satisfac- tion shown to be true, shall proceed to levy or enforce payment of the weekly sums then due, by distress or imprisonment for any term not exceeding three months, and may also order such father to nmke such provision for the pa~ment of all such weekly sums thereafter

to become due as the ~ust ice deems sufficient.

father leaves or attempts to leave the State, or removes or attenrpts abaoonding. (6) If after such order to make provision has been made such Penalty for

to remove from his usual place of residence, without having made

such provision, he shall be guilty of an offence against this Act.

(7) All contributions and enforced payments under this section Application of

towards the support of a half-caste child shall be paid and expended paymatm'"

as the Protector directs. Accounts

I " GEORGII V, No. 1024.

The Northern Territory Aboriginals Act.-1910.

Accounts of Department.

Aooounta of the

De artment and

48, (1) The Minister shall cause accounts to be kept of all moneys received and expended by, and all assets and liabilities of the Depsrtment, and such other accounts and records (if any) as are prescribed.

&U&.

(2) The accounts of the Department shall, once at least in every

year and also whenever the Governor directs, be audited by the

Commissioner of Audit.

(3) The Commissioner of Audit shall, in respect of such accounts

and audit, have all the powers conferred on him by "The Audit

No. 221 of 1882.

Act, 1882," and any Act for the time being in force relating to the

audit of public accounts.

Regulations.

Qovernor may make 49, ( 1 ) The Governor mav make regulations, not inconsistent

regulatione.

with th$ ~ c t, prescribing all matters a d things which by this Act

w.6.14, 1906, S. 60.

Q. 17, 1897, S. 31.. are contemplated, required, or permitted to be prescribed, or which mav be necessarv or convenient to be nrescribed for the effectual car$ng out of dthis Act, including regulations for the following, amongst other purposes :-

(a) Prescribing the duties of Protectors and Superintendents,

and any other persons appointed or employed under

this Act:

( b ) Providing for the care, custody, and education of the

children of aboriginals and half-castes:

(c) Enabling any aboriginal or half-caste child to be sent to

and detaincd in an aboriginal institution or industrial

school:

(d) For the control, care, and education of aboriginals or half- c,astes in aboriginal institutions and for the supervision

of such institutions:

( e ) Prescribing the conditions on which aboriginals or half-caste	children may be apprenticed to or placed in service with
suitable people: -

( f ) ~ e ~ u l a t i n ' ~ the granting of licences to employ aboriginals,

and the fees to be paid for such licences:

(IQ) Prohibiting the granting of licences to employ aboriginals to persons of specified races:

( h ) Prescribing the conditions on which any aboriginal or half- caste prisoner may be placed under the custody of any officer or servant of the State, and for the en~ployment of aboriginal or half-caste prisoners undergoing sentences of imprisonment, with or without hard labor:

( i ) Providing for the control of aboriginals and half-castes

residing upon a reserve, and for apportioning amongst them, or for their benefit, the net produce of their labor:

( j ) For the maintenance of discipline and good order upon a

reserve: (k) Authorising

I * GEORGII V, No. 1024.

The Northern Territory Aboriginals Act.-1910.

(k) Authorising entry upon a reserve by specified persons or classes of persons for specified objects, and the condi- tions under which such persons may enter or remain on a reserve, and providing for the revocation of such authority in any cases:

( I ) Regulating the granting of licences to carry firearms, and limiting the persons or classes of persons to whom such licences may be granted:

(m) For the control of the receipt and payment of money, the keeping of accounts and records, expenditure of money, and all matters pertaining to the accounts and records of the Department:

(n) Regulating the exercise and discharge of all or any of the

powers, duties, and functions of the Department:

(2) Regulations so made ma.y impose penalties for the breach of the same or other regulations, not exceeding for any one offence the sum of Twentj--five Pounds, or imprisonment, with or without hard labor, for any term not exceeding three months.

50, (1) All regulations so made shall-

Publication of

regulations.

( a ) Be published in the Governme?tt Gazette ;

( b ) Take effect from the date of such publication, or frcm a

later date specified therein; and

(c) Be laid before both Houses of Parliament within fourteen days after publication, if Parliament is in Session, and if not, then within fourteen days after the commencement of the next Session of Parliament.

(2) ~ o t w i t h s t a n d i n ~ any publication thereof, no regulation so Dhpproval by

made shall continue to have any force or effect if the same is dis- Pwhment.

approv2d by resolution of either House of Parliament within thirty

liament is so long in Session: Provided that, if Parliament is not	days after such regulation has been laid before Parliament, if Par-
in Session for thlrty days after such regulation has been laid before it, then such regulation shall not continue to have any force or effect
if disapproved by either House of Parliament within thirty days
after the commencement of the next Session of Parliament.

Obstructing Oflcers.

51. Any person who obstructs or hinders any Protector, Superin- obstructing officers.

tendent, police officer, 01- other person in the exercise or execution of any power or duty under this Act, or in carrying out any provision of this Act, shall be guilty of an offence against this Act.

Legal Proceedings m d Penalties.

52. I t shall be lawful for any police officer to arrest without amd.

warrant any person whom he has just cause to suspect of having PoUoeAot, 1869-70

committed or being about to commit any offence against this Act. r. 46.

1900, 16

53. It

I' GEORGII V, No. 1024. -

The Northern Territory Aboriginals Act.--lglO.

Service of aummons, 63. I t shall not be obligatory upon any police oticer to serve any

etc. ; limit.

Ibid., a. 67. summons, or to execute any warrant of arrest against an aboriginal or half-caste in respect of any offence against this Act beyond a distance of fifty miles from the place where such summons or war- rant was issued, except when specially so directed by a Special Magistrate.

Proceedings for wages 64. Any action or other proceeding against any person for the

or bnach of w e e -

ment may be in name	recovery of wages due to an aboriginal or half-caste, who is or h: ~
of Protector.	been employed by such person, or for any breach of an agreement
Ibid., S. 54.	made with an aboriginal or half-caste, may be instituted and carried on by, or in the name of, any Protector, or any person authorised in that behalf by the Minister.
Pereons appearink on
behalf of aborigmes.	55. At the hearing of any proceedings in respect of an offence against this Act the Magistrate or Justices may permit any person to address him or them, and examine and cross-examine witnesses on behalf of any aboriginal or half-caste.
Ibid., s. 69 (2).
Presumption aa to

person being	56. I n any proceedings for an offence against this Act, the alle- therein is an aboriginal or half-caste, or is of any sex or of or under any age therein mentioned? or the reference in the information to such person as an aboriginal or half-caste, or as being of any sex or of or under any age therein mentioned, shall be sufficient evidence of the truth of such allegation or reference, unless the contrary is shown to the satisfaction of the Magistrate, Justice, or Justices.
aboriginal.	gation in the information that any person named or referred to
Ibid., 8. 62.

Tribunal may deter-	57.	I n any legal proceedings or inquiry, whether under this Act
mine on own opinion

whether aboriginal,	or otherwise, if the Court, Judge, Coroner, Magistrate, Justice, or
and as to sex or age.	Justices do not consider that there is sufficient evidence to determine
Ibid., a. 63.	the question whether a person concerned in or in any way connected with the procedings or inquiry is or is not an aboriginal or a half- caste, or whether, being or being determined to be an aboriginal or half-caste, such person is or is not of any specified sex, or is or
is not of or under any specified age, such Court, Judge, Coroner, Magistrate, Justice, or Justices, having seen such person, may deter-
mine the question according to his or their own opinion.
renalty for offences
against Act.	58. Any person who in any way, by act or omission, contravenes any provision of this Act, shall be guilty of an offence against this A&; and any person convicted of an offence against this Act shall, except in cases where a different penalty is specifically provided, be liable to a penalty i ~ o t exceeding Twenty Pounds, or to i m p isonment with or without hard labor for any period not exceeding six months.

Suppoeedoffenderand	59. (l) If any person appears to a Protector, or police officer, or
vcaael map be ordered

to place of trial. to any person acting under the authority of a Protector, to have com-

W.A. ir, ieoa, a. is. mitted an offence against this Act, such Protector, police officer, or

Q. I, 1901, r. 18. other person-

..

(a) May, by order signed by him and delivered to the supposed

offender, direct the supposed offender to proceed to a place

I. I .. .

mentioned

I" GEORGII V, No. 1024.

The Northern Territory Abor.ighls Ad.-1910.

mentioned in such order, being the nearest convenient place at which a Special Magistrate or a Justice may probably be found; and

( b ) May also, if he deems it necessary for the purposes of any contemplated proceedings in respect of the alleged offence, by order signed by him and delivered to the master or other person in charge of any ship, vessel, or boat to which the supposed offender belongs, or on or about which the alleged offence appears to have been committed, direct that such ship, vessel, or boat, and the master or other person in charge thereof and all or any of the crew and passengers thereof, shall proceed to the place mentioned in the said order delivered under subdivision (a) hereof; and

(c) May, if he deems it necessary for the purposes aforesaid, by the order delivered under subdivision ( h ) or by another order signed by him and delivered to the said master or other person in charge, direct that such ship, vessel, or boat be detained at the said place, or at any other place mentioned in the order, until the alleged offence has been adjudicated upon.

(2) Any person who disobeys any direction in any order made

and delivered under this section shall be guilty of an offence against

this Act.

60. (1) All proceedings in respect of offences against this Act ~r008dwtor

shall be by information, and shall be heard and determined in a offences.

summary way before a Special Magistrate, or any Justice or Justices,

under Ordinance No. 6 of 1850, or any Act for the time being in

force relating to the duties of Justices of the Peace as to summary

proceedings.

(2) The Magistrate, or Justice, or Justices may make any order as

to costs which he or they think fit.

(3) All convictions and orders made by the Magistrate, or Justice

or Justices may be enforced as provided by the said Ordinance or

any other Act.

61. (1) There shall be an appeal from the Special Magistrate, or AppealtoLocalCourt.

Justice, or Justices with respect to any conviction under this Act, or any order dismissing any information for an offence against this Act, or any other order made on any such information.

(2) Such appeal shall be to the Local Court of Full Jurisdiction

nearest to the place where the conviction or order was made.

(3) Such appeal shall be regulated by the said Ordinance No. 6 NO. no8 of lass-4.

of l860 and b b The Justices Procedure Amendment Act, 1883-4," or any Act for the time being in force regulating appeals to Local Courts: Provided that the Court on such appeal may make any order as to costs which he thinks fit, although such costs exceed .

Ten Pounds. 62. (1) The

C--1024

I" GEORGII V, No. 1024. ---

Th N W T h y ~ Aborii@ds Ad.-1910.

0phI OEm for	62. (l	j The Local Court may state a special case for the opinion
o inion of Supreme

&m. of the Supreme Court.

(2) The Supreme Court shall deal with ~ u c h special case according

to the practice of the Supreme Court on special cases, and may make such order therein, including any order as to costs of the proceedings

in that Court and in the Court below, as to the said Supreme Court

appears just.

$3. This Act shall apply only to the Northern Territory.

Act

~ a t b e m to 'rritory. to

In the name and on behalf of His Majesty, I hereby assent to

this Bill.

DAY H. BOSANQUET, Governor.

-

Adolaide : By authority, R. E. E. Rooms, Government Printer, North Terrace.