Aboriginal Protection and restriction of the sale of opium act 1897
Encyclopedia
The Aboriginal Protection and Restrictions of the Sale of Opium Act 1897 was an Act
of the Parliament of Queensland
.
As a result of dispersal, malnutrition
, opium
and disease
s, it was widely believed in Queensland
that Aborigines
were members of a 'dying race'. Pressure from some quarters of the community
saw the Government of Queensland
commission Archibald Meston
to look at the plight of these dispossessed people
. He made a number of recommendations, and some of these became the basis of the Aboriginal Protection and Restriction of the Sale of Opium Act 1897. The creators of this Act saw it as a solution to a short term problem, but the administrators of the legislation
had a different idea, and from the beginning used it as a device for social engineering
and control. It became the instrument with which Aboriginal people could be stripped of the most basic human rights
. The Act was the first measure of separate legal control over the Aboriginal people and as Reynolds has pointed out it 'was far more restrictive than any [contemporary] legislation operating in New South Wales
or Victoria
, and implemented a system of tight controls and closed reserves.'
Administrators were able to gain control of Aboriginal affairs through the extensive use of Regulations which could be made lawful simply through proclamation by the Governor-in-Council. In this manner, decision-making passed from politicians to the public servants. The welfare of Aborigines was, after all, only one small part of a busy member's portfolio. But not only did public servants have responsibility for a huge amount of delegated legislation, individual protectors had extensive autonomy in administering the Act and Regulations. The Act could be used to justify definitions of aboriginality, but even with the help of the Act, these were often contradictory and generally subject to interpretation or variation throughout the first decades after Federation. For example, in 1905, Queensland's Chief Protector of Aboriginals cited the Act to define a 'half-caste' as 'Any person being the offspring of an aboriginal mother and other than an aboriginal father – whether male or female, whose age, in the opinion of the Protector, does not exceed sixteen, is deemed to be an aboriginal...', then went on to describe a 'quadroon' as the ‘offspring’ of a half-caste woman, by a ‘white, &c.’ (presumably other non-Aboriginal) father. Definitions were no clearer fifteen years later. The Queensland Aboriginals Department refers to ‘European half-caste mothers’ in its 1920 Report alongside ‘half-breeds’, ‘half-castes’ and Aboriginals: it does not expand upon how the Department made the distinction between a half-breed and half-caste, a native and an Aboriginal. Where no other information was available, white observers judged degrees of ancestry. In Queensland at least, once it had bestowed a racial category upon its charges, the Aboriginals Department treated its subjects according to their variations in skin colour.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of Queensland
Parliament of Queensland
The Parliament of Queensland is the legislature of Queensland, Australia. According to the state's constitution, the Parliament consists of the Queen and the Legislative Assembly. It is the only unicameral state parliament in the country, the upper chamber, the Legislative Council, having been...
.
As a result of dispersal, malnutrition
Malnutrition
Malnutrition is the condition that results from taking an unbalanced diet in which certain nutrients are lacking, in excess , or in the wrong proportions....
, opium
Opium
Opium is the dried latex obtained from the opium poppy . Opium contains up to 12% morphine, an alkaloid, which is frequently processed chemically to produce heroin for the illegal drug trade. The latex also includes codeine and non-narcotic alkaloids such as papaverine, thebaine and noscapine...
and disease
Disease
A disease is an abnormal condition affecting the body of an organism. It is often construed to be a medical condition associated with specific symptoms and signs. It may be caused by external factors, such as infectious disease, or it may be caused by internal dysfunctions, such as autoimmune...
s, it was widely believed in Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
that Aborigines
Indigenous Australians
Indigenous Australians are the original inhabitants of the Australian continent and nearby islands. The Aboriginal Indigenous Australians migrated from the Indian continent around 75,000 to 100,000 years ago....
were members of a 'dying race'. Pressure from some quarters of the community
Community
The term community has two distinct meanings:*a group of interacting people, possibly living in close proximity, and often refers to a group that shares some common values, and is attributed with social cohesion within a shared geographical location, generally in social units larger than a household...
saw the Government of Queensland
Government of Queensland
The Government of Queensland is commonly known as the "Queensland Government".The form of the Government of Queensland is prescribed in its Constitution, which dates from 1859, although it has been amended many times since then...
commission Archibald Meston
Archibald Meston
Archibald Meston was an Australian politician, civil servant, journalist, naturalist and explorer.-Personal Life:Archibald Meston was born 26 March 1851 at Towie, Aberdeenshire, Scotland, the son of Alexander Meston....
to look at the plight of these dispossessed people
People
People is a plurality of human beings or other beings possessing enough qualities constituting personhood. It has two usages:* as the plural of person or a group of people People is a plurality of human beings or other beings possessing enough qualities constituting personhood. It has two usages:*...
. He made a number of recommendations, and some of these became the basis of the Aboriginal Protection and Restriction of the Sale of Opium Act 1897. The creators of this Act saw it as a solution to a short term problem, but the administrators of the legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
had a different idea, and from the beginning used it as a device for social engineering
Social engineering (political science)
Social engineering is a discipline in political science that refers to efforts to influence popular attitudes and social behaviors on a large scale, whether by governments or private groups. In the political arena, the counterpart of social engineering is political engineering.For various reasons,...
and control. It became the instrument with which Aboriginal people could be stripped of the most basic human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
. The Act was the first measure of separate legal control over the Aboriginal people and as Reynolds has pointed out it 'was far more restrictive than any [contemporary] legislation operating in New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
or Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
, and implemented a system of tight controls and closed reserves.'
Administrators were able to gain control of Aboriginal affairs through the extensive use of Regulations which could be made lawful simply through proclamation by the Governor-in-Council. In this manner, decision-making passed from politicians to the public servants. The welfare of Aborigines was, after all, only one small part of a busy member's portfolio. But not only did public servants have responsibility for a huge amount of delegated legislation, individual protectors had extensive autonomy in administering the Act and Regulations. The Act could be used to justify definitions of aboriginality, but even with the help of the Act, these were often contradictory and generally subject to interpretation or variation throughout the first decades after Federation. For example, in 1905, Queensland's Chief Protector of Aboriginals cited the Act to define a 'half-caste' as 'Any person being the offspring of an aboriginal mother and other than an aboriginal father – whether male or female, whose age, in the opinion of the Protector, does not exceed sixteen, is deemed to be an aboriginal...', then went on to describe a 'quadroon' as the ‘offspring’ of a half-caste woman, by a ‘white, &c.’ (presumably other non-Aboriginal) father. Definitions were no clearer fifteen years later. The Queensland Aboriginals Department refers to ‘European half-caste mothers’ in its 1920 Report alongside ‘half-breeds’, ‘half-castes’ and Aboriginals: it does not expand upon how the Department made the distinction between a half-breed and half-caste, a native and an Aboriginal. Where no other information was available, white observers judged degrees of ancestry. In Queensland at least, once it had bestowed a racial category upon its charges, the Aboriginals Department treated its subjects according to their variations in skin colour.