Protection Act 1909.
of aborigines ; to
Liquors Aborigines Prevention Act
amend the Vagrancy
1908; and for purposes
consequent thereon or incidental thereto.
[Assented to, 20th December, 1909.]
enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative
Assembly of New South Wales in Parliament assembled, and by the authority of the
same, as follows :—
This Act may be cited as the '"Aborigines Protection Act, short
title. 1909," and shall come into force on a date to be fixed by proclamation
of the Governor in the Gazette.
specified in the Schedule hereto
are, to the
extent indicated, repealed.
In this Act, unless the context or subject matter other- interpretation,
wise indicates or requires :—
" means any full-blooded aboriginal native of Australia, and any person
apparently having an admixture of aboriginal blood who applies for or is in
receipt of rations or aid from the board or is residing on a reserve.
Board " means board for protection of aborigines constituted under this Act.
Liquor"' means and includes wine, spirits, beer, porter, stout, ale, cider, perry, or
any spirituous or fermented fluid whatever capable of producing intoxication.
Local Committee :' means committee appointed by the board to act in
conjunction with the board under this Act.
Prescribed " means prescribed by this Act or the regulations.
Reserve " means area of land heretofore or hereafter reserved from sale or
lease by the Governor, or given by or acquired from any private person, for the use of
Regulations ': means regulations in force under this Act.
Stations " means stations on reserves.
Constitution of board.
There shall be a board, to be styled " The Board for Protection of
Aborigines," to consist of the Inspector-General of Police, or Acting
inspector-General of Police, who shall, ex officio, be chairman, and not more
than ten other members who shall be appointed by the Governor.
the Minister, be the authority for the protection and care of aborigines
under this Act.
board shall annually elect one of its members as vice-chairman.
board may appoint managers of .stations and such
officers as may be necessary.
board may appoint local committees consisting of
than seven nor less than three persons, to sit in conjunction with the board,
and also officers to be called guardians of aborigines ; and may at any time
abolish such local committees, or remove any members therefrom, or cancel the
appointment of any guardian.
committees and guardians shall exercise and perform the powers and duties
prescribed by this Act and the regulations.
shall be the duty of the board -
to, with the consent of the Minister, apportion, distribute, and apply as may seem most
fitting, any moneys voted by Parliament, and any other funds in its possession
or control, for the relief of aborigines ;
to distribute blankets, clothing, and relief to aborigines at
discretion of the board ;
to provide for the custody, maintenance, and education of
children of aborigines ;
to manage and regulate the use of reserves ;
to exercise a general supervision and care over all matters
the interests and welfare of aborigines, and to protect them against injustice,
imposition, and fraud.
reserves shall be vested in the board, and it shall not be lawful for any person other than an aborigine, or an officer under
the board, or a person acting under the board's direction, or under the
authority of the regulations, to enter or remain upon or be within the limits of
a reserve upon which aborigines are residing, for any purpose whatsoever.
The board may remove from a reserve any aborigine who is guilty of any
misconduct, or who, in the opinion of the board, should be earning a living away
from such reserve.
Any building erected on a reserve shall be vested in and become the
property of the board, also all cattle, horses, pigs, sheep, machinery, and
property thereon purchased or acquired for the benefit of aborigines.
Any person who gives, sells, or supplies, except in case of accident, or
on the prescription of a duly qualified medical practitioner, any liquor to any
aborigine, shall be guilty of an offence against this Act.
Nothing in this section shall affect the operation
Liquor (Amendment) Act, (1905).
Whosoever, not being an aborigine, or the child of an aborigine, lodges
or wanders in company with any aborigine, and, does not, on being required by a
justice, give to his satisfaction a good account that he has a lawful fixed place of residence in New South
Wales and lawful means of support, and that he so lodged or wandered for some
temporary and lawful occasion only, and did not continue so to do beyond such
occasion, shall be guilty of an offence against this Act.
11. (1) The
board may, in accordance with and subject to the provisions of the Apprentices
Act, 1901, by indenture bind or cause to be bound the child of any aborigine, or
the neglected child of any person apparently having an admixture of aboriginal
blood in his veins, to be apprenticed to any master, and may collect and
institute proceedings for the recovery of any wages payable under such
indenture, and may expend the same as the board may think fit in the interest of
child so apprenticed shall be under the supervision of the board, or of such
person as may be authorised in that behalf by the regulations.
child so apprenticed shall be liable to be proceeded against and punished for
absconding, or for other misconduct, in the same way as any child apprenticed by
his father with such child's consent.
the purposes of this section, the words " neglected child " shall have
the same meaning as that assigned to them in the Neglected Children and Juvenile
Offenders Act, 1905 : Provided that for such purposes a person shall be deemed a
child who is above fourteen and under twenty-one years of age.
(3) Nothing in this section shall affect the
provisions of the Neglected Children and
Juvenile Offenders Act, 1905.
court, upon complaint made by the board that any person to whom any such child
has been apprenticed is not performing the conditions of such indenture, or is
unfit to have the further care or control of such apprentice, may summon such
person to answer such complaint, and on proof (.hereof on oath may order such
apprenticeship to be put an end to.
section " court " has the meaning given in the Neglected Children and
Juvenile Offenders Act, 1905.
person who entices a child apprenticed as aforesaid to leave his lawful service,
or who entices the child of any aborigine, or of any person apparently having an
admixture of aboriginal blood in his veins, to leave any school, home, or
institution, without the consent of the board, shall be guilty of an offence
against this Act,
or any persons apparently having an admixture of aboriginal blood in
their veins, who are camped or are about to camp within or
near any reserve, town, or township to remove to such distance from the reserve,
town, or township as they may direct,
Every blanket or other article issued by the Government or by the board
to any aborigine shall be considered to be on loan only, and to be the property
of the board, and any unauthorised person other than an aborigine who has in his
possession or custody any blanket, or other article ur portion thereof, which
reasonably appears from the marks thereon or otherwise to have been so issued
shall be guilty of an offence against this Act,
16. (1) If
it appears to a court on
complaint by or on behalf of the hoard that any near relative is of ability to
maintain or to contribute to the maintenance at the cost of the Government of
any child of an aborigine under sixteen and over
five years of age, the court may on summons order such near relative to pay to t
he board a reasonable sum, in instalments or otherwise, as the court directs for
the past maintenance of such child, whether such child be
not at the time of the application ;
the future maintenance of such child :
that in any proceedings in respect of the maintenance of an illegitimate child, of which the defendant is alleged to be the father, no order under this section shall be made—
the evidence of the mother, unless her evidence be corroborated in some material
particular ; or
court is satisfied that at the time the child was begotten the mother was
a common prostitute.
an order under this section is made in respect of a person against whom an order
has been made in respect of the child under the Infant Protection Act, 1904, or
the Neglected Children and Juvenile Offenders Act, 1905, the court may rescind
or amend any such last-mentioned order, so as to secure that the said person do
not pay twice for the maintenance of the same child.
order made under this section may be enforced, appealed from, quashed,
confirmed, or varied, m the same manner in all respects as orders made under
Part 11 of the Infant Protection Act, 1904. And the court, may issue a warrant
for the arrest of any person absconding from the State with a view to evade
compliance with any such order.
this section " court " and " near relatives " have,
respectively, tjie meanings given in the Neglected Children and Juvenile
Offenders Act, 1905.
Any person guilty of an offence against this Act shall be liable to a
penalty not exceeding twenty pounds.
Proceedings for an offence against this Act or for a contravention of the
regulations may be taken before a stipendiary or police magistrate or any two justices by a member of a local
committee, a guardian, a member or an officer of the board, or member of the
station or reserve on which aborigines are located and any buildings, and the stores, stock, and any other
matter or thing thereon or therein, may be inspected by any member of the board,
or, on the authority of the board, by any member of a local committee, guardian,
or by any member of the police force if such member is also authorised by the
Inspector-General of Police. The person making such inspection shall report
thereon to the board.
The Governor may make regulations for all or any
matters following :—
Prescribing the mode of transacting business and the duties
of the board, local committees, guardians, and persons employed to carry out the
provisions of this Act.
Authorising entry upon a reserve by specified persons or
persons for specified objects, and the conditions under which such persons may
visit or remain upon a reserve, and fixing the duration of their stay thereupon,
and providing for the revocation of such authority.
Prescribing the mode of distribution and expenditure of moneys granted by Parliament for the assistance of aborigines.
Apportioning amongst or for the benefit of aborigines the earnings of any aborigines living upon a reserve.
Providing for the care, custody, and education of aborigines.
Prescribing the conditions on which certain children may be apprenticed under this Act.
Providing for the mode of supply to aborigines of rations,
and other necessaries, or any medical or other relief or assistance.
Providing for the control of aborigines residing upon a reserve, and for the
inspection of children apprenticed under this Act.
Maintaining discipline and good order upon reserves.
Allotting land on any reserve for occupation by individuals or families.
carrying out the provisions of this Act.
Imposing any penalty not exceeding ten pounds for the breach of any
regulation. (2) Such regulations shall—
published in the Gazette ;
effect from the date of publication, or from a later
date to be specified in such regulations ; and (iii) 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. But if either House of Parliament passes a resolution at any time
within fifteen sitting days after such regulations have been laid before such
House disallowing any regulation, such regulation shall thereupon cease to