Contact History  |  List of legislation

WA Legislation that applied to Aboriginal people

Brief description

Western Australian Act. 1829 (UK)

Gave effect to the "settlement" of Western Australia on 'wild and unoccupied lands'  In his despatches to the British government, Governor James Stirling would refer to the physical occupation of land as an invasion.

An Act to constitute the Island of Rottnest a legal prison 1841[i]

Established a prison. Act also stated that its purpose was to instruct Aboriginal people "in useful knowledge, and gradually be trained in the habits of civilised life."

Waste Land Act (UK). 1842[ii](which resulted in regulations in WA)

Regulated the sale of 'waste' lands in the Australian colonies. W.A. enacted regulations in 1843. Reserves were for the"benefit and use of Aborigines."

An Act to allow the Aboriginal Natives of Western Australia to give information and evidence without the sanction of an oath 1841[iii]

Evidence admitted in court that would allow Aboriginal people to give evidence against each other and Europeans. This part was initially attached to summary punishment provisions that aimed to prosecute Aboriginal people for the theft of settlers' property. it was taken out of the Act on the insistence of the British government.

The Publicans Act. 1843

Prohibited the supply of liquor to Aboriginal people.

An Act to prevent enticing away girls of the Aboriginal race from school or from any service in which they are employed, 1844.

Needed permission to remove Aboriginal girls from school or 'service' unless they had consent from employer or protector (Repealed by Aborigines Act 1905)[iv]

An Ordinance to provide for the Summary Trial and Punishment of Aboriginal native offenders in certain cases, 1849.

Any Aboriginal male convicted of "any felony or misdemeanour" could be sentenced to a whipping, of no more than two dozen lashes, as well as be imprisoned.

An Ordinance to provide for the issue of Licenses to kill Kangaroos. 1853 [v](The Kangaroo Ordinance 1853)

Licences to kill kangaroos introduced in attempt to control large numbers being killed.

Amendment of Summary Trial and Punishment of Aborigines Act (Summary jurisdiction Act) 1859.

Extended period of imprisonment to three years.

An Act to regulate the hiring and service of Aboriginal Natives engaged in the Pearl Shell Fishery; and to prohibit the employment of women therein" 1871

The Pearl Shell Fishery Regulation Act, 1873.

Regulation of Aboriginal employment in pearl fisheries.

The Summary Jurisdiction Act was amended, 1874.

Allowed (in towns where there was only one magistrate), two or more Justices of the Peace to impose sentences of no more than six months. Definition of " Aboriginal native" extended to include "person of whole or half blood."

The Game Act, 1874.

Authorised Aboriginal people to kill native animals for food.

The Industrial Schools Act, 1874.

Authorised legal guardianship to institution managers  of Aboriginal workers under 21 and children without a guardian.

The Capital Punishment Act, 1871 as amended 1875.

Abolished public executions but exempted Aboriginal people who could still be executed in public.

Evidence Act 1871 as amended, 1875.

Authorised Aboriginal interpreters to act without taking an oath [vi]

The Wines Beer and Spirit Sale Act, 1880.

Prohibited any person from selling or supplying alcohol to Aboriginal people and from remaining or loitering on licensed premises.

Aboriginal Offenders Act, 1883.[vii]

Enacted similar provisions to the repealed 1849 Summary Jurisdiction Act. Justices of the Peace (JP) granted power to sentence person defined as Aboriginal to two years jail.

The Dog Act, 1883.

Dogs of "Aboriginal natives" could be destroyed in certain cases. Amended in 1885. Legal  for  "Aboriginal native" to have an unregistered dog, but if the total number was more than the total number of people in a group, then the extra dogs were liable to be destroyed. Efforts by government for this kind of Act started in the 1840s.

The Aborigines Protection Act, 1886.

Established Aborigines Protection Board (APB). Officials including Chief Protector had increased power to regulate the employment and movement of  Aboriginal people.

The Aborigines Act, 1889.

APB authorised to cancel work contracts in certain circumstances.

Governor allowed a reserve to be created on Crown land.

The Constitution Act, 1889.

British Government insisted that the Constitution Act include a provision (s.70) that 5000 pounds or one percent of gross revenue (whichever was greater) was paid to the APB to assist in promoting the "preservation and well being of the Aborigines"

The Aboriginal Offenders Act was amended in March 1892

Aboriginal males could be punished with whipping, separate from, or in addition to prison.

The Aborigines Protection Act 1886 was amended in March 1892

Aboriginal natives were punished with three month's prison and an employer fined 20 pound if they breached the contract. (dealt with under the Masters and Servants Act 1892) [viii]

The Police Act, 1892.

Unlawful for non-Aboriginal people to be in the company of "Aboriginal natives" in certain circumstances without a good reason.

The Aboriginal Offenders Act amended in 1893

Maximum term of imprisonment by a Justice of the Peace increased  from 2 to 3 years(and 5 years for previous offenders).

Constitutional Amendment Act, 1893.

Men over 21 allowed to vote in Legislative Assembly but subject to residency rules.  Aboriginal people were specifically denied the vote unless they owned freehold property worth 50 pounds. (included "half-blood").

The Aborigines Act, 1897.

Abolished APB, which was replaced by an Aborigines Department.

Constitution Act amended in 1898

Repealed s70.

The Land Act, 1898.

Aboriginal people could be granted or could lease Crown land of no more than 200 acres. Governor also authorised to reserve land for the "use and benefit of Aborigines"

The Fisheries Act, 1899.

Aboriginal inhabitants could catch fish, as long as it was in the traditional manner for food.

The Criminal Code Act, 1901-2.

Discretion for sentence to include whipping .

Commonwealth Constitution, 1901.

Section 41- interpreted to mean that only those Aboriginal people who were on the State electoral roll could vote. So in W.A. they were not able to vote.

Mining Act, 1904

An "Aboriginal native" was not permitted to work on a mining tenement unless the Mining Warden gave permission.

The Aborigines Protection Act, 1905

Governor had power to declare or confine Aboriginal people on reserves, or remove them. 1905 Aborigines Act

The Electoral Act, 1907

Prohibited any "Aboriginal native" from enrolling as an elector, or if enrolled, from voting in an election.

The Licensing Act, 1911

Aboriginal people excluded from provision providing for sufficient accommodation of shearers and shed hands.

The Shearers Accommodation Act ,1912

Provision of adequate accommodation for shearers and shed hands was required but not applicable to Aboriginal workers employed in this capacity.

The Land Act Amendment Act, 1935.

Provided "Aboriginal natives' at all times, to enter any 'unenclosed and unimproved' parts of the land on a pastoral lease so that they could seek "their sustenance in their accustomed manner."

Native Administration Act, 1936

Act implemented in response to the Moseley Commission. Established the Department of Native Affairs and permit system It also established a court for "tribal aborigines". [ix]

The Native Administration Act amended 1941

Restricted Aboriginal people from travelling across a "boundary line" to prevent spread of leprosy.

The Natives (Citizenship Rights) Act 1944[x]

Citizenship was conditional and required proving that a person was "civilised", ie. a fit and proper person to obtain a certificate.

Commonwealth Electoral Act 1949

Aboriginal people who had completed military service were granted the right to to vote in Federal elections or if they were on the State Electoral roll. [xi]

The Fauna Protection Act. 1950

"Natives' could take fauna from Crown land (or other land with permission) for food for sustenance.

Native Administration Act amended in 1954

Some who had been called 'natives' were now exempt from being called 'native' under the Act.

Commonwealth Electoral Act, 1962.[xii]

Aboriginal people over 21 achieved the right to enrol (not compulsory) and vote at Federal elections.  Western Australia passed laws that meant that Aboriginal people could vote for the first time.

The Native Welfare Act, 1963.

Replaced previous 1905-36; and 1940-60 Acts. Department of Native Welfare created under the Minister for Native Welfare. Classified a person with one-fourth or less blood as not being Aboriginal.

Commonwealth Electoral Act, 1962[xiii]

Aboriginal people over 21 achieve right to enrol (not compulsory) and vote at Federal elections. At this point, Western Australia passed laws that meant that Aboriginal people could vote for the first time.

The Native (Citizenship Rights Act) amended in 1964

Children named in parents' certificate of citizenship could obtain their own certificate at 21.

The Commonwealth Constitution Amendment Act 1967

Referendum to change section 51(29)to authorise the Commonwealth parliament to make special laws relating to Aboriginal people and remove s127 of the Constitution so that Aboriginal people could be counted in the census.

The Liquor Act. 1970

The supply of liquor to Aborigines in proclaimed areas was forbidden.

The Aboriginal Affairs Planning Authority Act,1972

Legal definition of Aboriginal extended to someone who identifies as Aboriginal and is accepted by the community as such. Establishment of Aboriginal Lands Trust and Advisory Council

The Aboriginal Heritage Act, 1972

First Act that  focused on Aboriginal cultural heritage. Aim is protection of Heritage sites of significance to persons of Aboriginal descent.

The Police Act was amended in 1975

Police Commissioner had power to appoint and sack Aboriginal police aides.

The Fauna Conservation Act was amended in 1975

"Person" of Aboriginal descent changed to the same meaning in the Aboriginal Affairs Planning Authority Act 1972.

Wildlife Conservation Act. 1976

Included what flora and fauna Aboriginal families could take for food.

The Mining Act. 1978

Allowed mining on Aboriginal reserves.

The Aboriginal Communities Act. 1979

Aboriginal communities defined under AAPA given authority to control their own affairs on community land.

Fisheries Act amended in 1979

A person of Aboriginal descent may take fish from any waters for food for himself and his family but can not sell them.

Aboriginal Heritage Act 1980

Amended

The Native Title Act. 1993 (Cth)

Enacted following the Mabo decision in 1992, which recognised that Aboriginal people had native title rights that survived the assertion of British sovereignty.