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'Gazette' evi

ments

The Aborigines Protection Act, 1886

4. Every such appointment, and every appointment of a Protector dence of appoint of Aborigines under this Act, shall be forthwith published in the 'Government Gazette'; and the production of a copy of the Gazette' containing a notice of any such appointment shall be received in all courts of justice and elsewhere as evidence of the due appointment of the person or persons therein named.

Decisions of
Board

Duty of Board

Board may make regulations and orders

Estimates of expenditure

Mode of dealing with Estimates

Power of Board to expend moneys under

their control

5. All questions to be decided by the Board shall be decided by the majority of the votes of the members present at any meeting of the Board, and in case of an equality of votes the Chairman shall have a casting vote. In the event of the absence of the Chairman from any meeting, the members present shall elect one of their number to be chairman of such meeting.

6. It shall be the duty of the Board—

(1) To apportion, distribute, and apply, as they may think fit, all moneys granted by the Legislative Council for the benefit of Aborigines.

(2) To distribute blankets, clothes, and other relief to the Aborigines, in the discretion of the Board.

(3) To submit to the Governor any proposals or suggestions relating to the care, custody, or education of the children of Aboriginals.

(4) To provide as far as practicable for the supply of medicines, medical attendance, rations, and shelter to sick, aged, and infirm Aboriginals.

(5) To manage and regulate the use of all Reserves set apart for the benefit of the Aborigines.

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

7. The Board may from time to time make, alter, or rescind regulations and orders concerning all or any of the matters mentioned in the last preceding section. All such regulations shall be submitted to the Governor for his approval, and when approved shall be laid before the Legislative Council as soon as practicable.

8. The Board shall prepare an annual estimate of the expenditure necessary during each year for the carrying out of the provisions of this Act and the fulfilment of the several duties hereby committed to the Board.

9. The annual estimate shall be subject to approval or amendment by the Governor, and shall be laid before the Legislative Council at the same time and dealt with in the same manner as the General Estimates of the Revenue and Expenditure of the Colony.

10. The Board shall have power to expend all moneys that may be voted by the Legislative Council for the benefit of Aborigines, but such expenditure shall be in accordance with the said annual estimate duly approved as aforesaid; Provided that until the first of such annual estimates is prepared, the Board may expend for the purposes of

The Aborigines Protection Act, 1886

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this Act such moneys as may be placed at their disposal by the Governor.

excess of Estimates

11. Expenditure not comprised within the annual estimates of the Expenditure in Board, approved as aforesaid, may be incurred, subject to the same regulation and control as in the case of expenditure in excess of the Annual General Estimates of the Colony.

annual report to Governor

12. The Board shall present to the Governor, not later than the Board to present 15th day of April in every year, a report of and concerning the condition and welfare of the Aborigines, and of the transactions of the Board, and of all moneys expended by the Board during the preceding year, which report shall be laid before the Legislative Council at the next sitting thereof.

13. A separate account of all moneys voted by the Legislative Council, for the benefit of the Aborigines, shall be opened and kept at the Colonial Treasury, and an annual balance sheet, to be prepared in the office of the Treasury, containing details of the whole of the expenditure of the preceding year, of or in connection with such vote, shall be annexed to the annual report of the Board hereinbefore referred to.

Account of moneys voted by expenditure

Legislature and

thereof to be kept at Treasury

14. The accounts in connection with such vote shall be duly audited Audit of in the usual manner by the Auditor General, and all payments there- accounts from shall be made in accordance with the provisions of 'The Audit Act, 1881.'

15. Every member of the Board shall have and may exercise all Powers of Prothe powers by this Act vested in Protectors of Aborigines.

16. It shall be lawful for the Governor, on the recommendation of the Board, to appoint persons to be Protectors of Aborigines, and any such appointment to annul, on the like recommendation.

17. It shall be the duty of every Protector of Aborigines to conform to the instructions of the Board in all matters of expenditure, and generally to report to the Board on the wants and treatment of Aboriginals and their contracts of service and employment; and every Protector of Aborigines may institute, carry on, or defend any action, suit, prosecution, or other proceeding, and enforce any order or judg ment of any Court for and on behalf of any Aboriginal, and either in the name of the Aboriginal or of the Protector.

PART II.-CONTRACTS

18. No contract with any Aboriginal for any service or employment shall be of any force or validity as against such Aboriginal unless the same be in writing, and the Aboriginal be of the age of fourteen and upwards at the time of the making of such contract.

years

(a) Nor unless such contract, at the time of the making thereof,
be witnessed and truly dated by a third party, being one
of the persons mentioned in the next following section,
and endorsed by such witness at the same time with a
certificate that the contract was fully explained by him
to the Aboriginal, and that he appeared to be of the age

tectors vested in members of Board Appointment of

Protectors of

Aborigines

Duty of

Protectors

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Penalty on Jus

or other person

The Aborigines Protection Act, 1886

of fourteen years and upwards, and fully to understand the same, and to be a free and voluntary agent in the matter, and under no fear, coercion, or constraint.

(b) Nor unless such contract be signed or marked by the employer or his agent, and by the Aboriginal.

(c) Nor unless it shall specify the nature of the service or employment, and the period of the service, which shall not exceed twelve months.

(d) Nor unless it shall stipulate for the supply by the employer to the Aboriginal of substantial, good, and sufficient rations, clothing, and blankets, and also medicines and medical attendance when practicable and necessary, unless the illness of the Aboriginal be caused by his own improper act or default.

(e) Nor unless the true date of the making of such contract be expressed therein by the attesting witness.

Any Justice or Protector of Aborigines or other person appointed as tice or Protector, hereinafter mentioned who shall untruly date any such contract, or endorse thereon any such certificate as aforesaid contrary to the fact, shall forfeit and pay the sum of Twenty pounds, together with full costs of suit, to any person who shall first sue for the same in any court of competent jurisdiction.

Contracts how to be witnessed

Form of contract

Commencement

of term of contract

Aboriginal under

19. A contract under this Act shall be witnessed by a Justice of the Peace, a Protector of Aborigines, or some other fit and proper person appointed by the Resident Magistrate of the district wherein the contract is made, for the purpose of witnessing contracts under this Act. Provided always that the appointment of any such person by a Resident Magistrate may at any time be revoked by such Resident Magistrate; and every such appointment and revocation of appointment shall be forthwith published by the Resident Magistrate in the 'Government Gazette,' and the production of a copy of the Gazette containing a notice of any such appointment or revocation shall be received in all Courts of Justice and elsewhere as evidence of the due appointment or revocation of the appointment (as the case may be) of the person therein named.

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20. The written contract and certificate in the eighteenth section mentioned may be in the form given in the Schedule to this Act.

21. The term or period of service mentioned in any contract under this Act shall be deemed to commence from the time of the making of such contract.

22. The employer of any Aboriginal engaged under a contract contract to have made under this Act shall grant to the Aboriginal at his request, some time during the term of service, leave to absent himself from his work or service under such contract:

certain liberty

Justice on hearing of complaint

(a) For a period not less than fourteen days, in case the contract be for a term of three months and not exceeding six months.

(b) For a period not less than thirty days, in case the contract be for a term exceeding six months.

23. It shall be lawful for any Justice or Justices of the Peace, on

The Aborigines Protection Act, 1886

the hearing of any complaint touching the alleged breach of any con- may cancel contract under this Act, irrespective of any other decision, order, or judg- tract ment in the case, to cancel the contract.

24. It shall be lawful for any Justice or Justices, on the complaint of a Protector of Aborigines, or other person, that an Aboriginal is from any cause unfit or unable to work, and for any Protector of Aborigines, being himself a Justice of the Peace, on satisfying himself (whether complaint be made or not) of such unfitness or inability to work, or of the non-fulfilment by the employer of the terms of the contract, or that the contract is not, in the opinion of such Justice or Protector, for bond fide service or employment, or that any Aboriginal under contract is ill-treated, forthwith to cancel such contract.

25. It shall be lawful for every Protector of Aborigines to enter upon the premises where any Aboriginal engaged under a contract under this Act may be employed or reside, or may, in the opinion of such Protector, be supposed to be, and to ascertain whether the terms of the contract are being fulfilled by the employer of such Aboriginal.

Justice, whether complaint b cancel contract on certain

made or not, may

grounds

Protector may

enter certain premises and

make inquiries

Employer to pro

demand

26. The employer of an Aboriginal engaged under a contract under this Act shall, whenever requested so to do by any Justice of the duce contract on Peace or Protector of Aborigines, produce to him such contract; and on default thereof, without reasonable excuse in the opinion of such Justice or Protector, such employer shall forfeit and pay a penalty not Penalty exceeding Ten pounds.

contract

27. Every contract which shall be cancelled under the provisions Cancellation of of this Act shall be endorsed by the Justice of the Peace ordering such cancellation with the word 'cancelled,' together with the date of such cancellation and the signature of such Justice.

contract

28. Every person who shall forge or alter, or who shall produce or Penalty for make use of, knowing the same to be forged or altered, with intent to forging, &c., defraud, any contract purporting to be a contract under this Act, shall be guilty of felony, and being convicted thereof shall be liable to be kept in penal servitude for any term not exceeding five years nor less than three years, or to be imprisoned with or without hard labour for any term not exceeding two years.

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29. In every case of a conviction for an offence against the provisions of the tenth section of The Pearl Shell Fishery Regulation Act, 1878,' it shall be lawful for the convicting Justice or Justices of the Peace, in addition to or in lieu of the penalty by that section imposed, as to such Justice or Justices may seem fit, to order that any person so convicted shall be imprisoned for a period not exceeding six calendar months, either with or without hard labour.

Penalty for
section of The
Pearl Shell
tion Act, 1878
(37 Vic., No. 11)

breach of 10th

Fishery Regula

as against him

30. No contract with any Aboriginal for any service or employment No contract with shall be of any force or validity as against such Aboriginal, if made Aboriginal valid within fourteen days after the expiration or other determination of in certain cases any agreement under which such Aboriginal shall have been engaged in the Pearl Shell Fishery, by virtue of The Pearl Shell Fishery Regulation Act, 1873.'

for the Pearl

31. The provisions of this part of this Act shall not apply to any This Act not to Aboriginal who shall be engaged for employment in the Pearl Shell apply to contract Fishery, or in any other industry which shall necessitate the conveyance Shell Fishery of such Aboriginal by sea to the scene of such industry.

The Aborigines Protection Act, 1886

Aboriginals may by order of Governor be

gaol

PART III.-EMPLOYMENT OF ABORIGINAL PRISONERS

And whereas it is expedient to legalise the detention and custody of Aboriginal Native Prisoners beyond the limits of a common gaol or other usual place of detention of such prisoners, and to employ them in such suitable labour as the Governor may approve; Be it enacted :— 32. That any Aboriginal now under sentence of imprisonment, with or without hard labour, in any common gaol or other place of employed outside detention in this Colony, or who may hereafter be sentenced to imprisonment therein, by the Supreme Court, or any other lawful authority, may, during the term for which he shall be sentenced to be imprisoned or any part thereof, by order of the Governor be employed under the provisions of this Act in such suitable labour in the service of the Government, as the Governor may direct, outside the limits of any gaol or usual place of detention; Provided that no such prisoner who has not been sentenced to hard labour shall be set to any labour which is severe.

Governor may place such prisoner under custody of

officer or servant of Government

Governor may make rules and regulations

Sheriff, &c., relieved from responsibility

Justices may visit and examine prisoners

Resident Magistrate may bind

any half-caste or

child as an apprentice

33. It shall be lawful for the Governor to place any such prisoner under custody of any officer or servant of the Government, who shall be responsible for the safe custody of such prisoner, and he shall thereupon, for all purposes, be deemed to be in legal custody, wherever he may be employed or detained.

34. The Governor may make rules, orders, and regulations for the employment and safe custody of such prisoners, and for ensuring propriety of conduct and due performance of labour by them, and such other rules, orders, and regulations as he may think necessary to carry this part of this Act into effect; and the said rules, orders, and regulations, and any order made under Section 32, may alter, vary, and revoke as occasion may or shall require.

Provided always, and be it enacted, that the Sheriff, and other persons having the charge of any gaol or other place of detention, and wherein such offenders may be sentenced to imprisonment, shall not be responsible for the safe custody of any such prisoner during the time that he may be removed, under order as aforesaid, from or out of such gaol or other place.

35. Any Justice of the Peace may at all times visit any such prisoner and interrogate him, and report to the Governor, through the Colonial Secretary, any breach or violation of any rules, orders, or regulations made under the authority of this Part of this Act.

PART IV.-APPRENTICES

36. It shall be lawful for any Resident Magistrate, acting under the instructions of the Board, to bind by indenture and put out any other Aboriginal half-caste or other Aboriginal child, having attained a suitable age, as an apprentice, until he shall attain the age of twenty-one years, to any master or mistress willing to receive such child in any suitable trade, business, or employment whatsoever, and every such binding shall be effectual in law, to all intents and purposes, as if the child had been of full age, and had bound himself to be such apprentice: Provided

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