:ss.l-3.
Aboriginals. [Vol. I.
Native Labmtrers' Protection Act of
1884. ss. 3-6.shall any native labourer be so engaged except in the presence and with the sanction of the shipping master of the port at or nearest to which such engagement is made.
The words ''or owner'' were expunged where indicated by s. 10 (1) of The Aboriginals Protection and Restriction of the Sale of Opium Act, 1901, post.
For who are native labourers within this Act, see s. 1, ante, and s. 12, post.
A penalty is imposed upon masters and owners for certain breaches of this Act by s. 6, post.
A permit is necessary to employ aboriginals and half-castes (The Aboriginals Protection and Restriction of the Sale of Opium Act, 1901, s. 1·0 (2)-(4), post).
4. Agreement to be explained and attested.-Every Agreement of l1iring of a native labourer shall be signed by him in the presence of such shipping master, who shall carefully explain the Agreement to him, or otherwise ascertain that he understands the same, before be signs it, and shall attest the signature of such native labourer.
Particulars to be entered and tokens to be given.-The shipping master shall enter particulars of every such engagement in a register book, to be kept by him for that purpose, and the native labourer and the master . . . engaging him shall respectively sign their names in the book in testimony of such engagement.
'l'he shipping master shall also enter in the register book particulars of the personal appearance of the native labourer sufficient to identify him, and shall deliver to him a metal token inscribed or impressed with such letters and figures as shall be sufficient to show where the entry relating to him can be found, and a copy of such particulars, letters, and figures, shall be entered in the official log of the vessel.
The words ''or owner'' were expunged where indicated by s. 10 (1) of The Aboriginals Protection and Restriction of the Sale of Opium Act, 1901, post.
For who are native labourers within this Ac.t, see s. 1, amte., and s. 12, post.
5. Content~ of Agreement.-Every such Agreement shall contain the following particulars as terms thereof, namely:-
(1.) The nature of the intended voyage or engagement, and, as far as practicable, its duration, which shall not exceed twelve months;
(2.) The capacity in which the native labourer is to serve;
(3.) The. amount of wages which the native labourer is to receive;
(4.) A scale or statement, approved by the shipping master, of the provisions and clothing to be furnished to the native labourer.
Minimum wages for employment of aboriginals and half-castes are prescribed by s. 12 (1) of The Aboriginals Protection and Restriction of the Sale of Opium Act, 1901, post. See also with respect to the terms of employment, the regulations of J·uly 8, 1926, pubd- in Gazette of July 10, 1926, as amended by regulations of Oct. 27, 1933, pubd. in Gazette of Oct. 28, 1933.
6 .. Penalties.-If any vessel trading in Queensland Waters carries any native labourer with respect to whom the provisions of this Act have not been observed, the master and owner shall be jointly and severally liable to a penalty not exceeding one hundred pounds.
For the expression "vessel trading in Queensland Waters," see s. 1, ante.
ss. 7-12.
Aboriginals. [Vol. I..
7. Native labourers to be discharged and paid before shipping·
ma.ster.-Every native labourer employed on board of, or in connection with; a vessel trading in Queensland Waters, whether he was engaged:
before, or is engaged after, the passing of this Act, shall be discharged and receive his wages in the presence of a shipping master.
Penalty.-If the master or owner of any such vessel, or any other person, discharges a native labourer who has been employed on board of any such vessel or pays his wages other1vise than as is herein provided, he shall be liable to a penalty not exceeding twenty pounds.
As to appliea,tion of this section, see s. 1, ante, and s. 12, post.
With respect to aboTiginals and half-castes dying or deserting, see The·
Aboriginals Protection and Restriction of the Sale of Opium Act, 1901, s. 10 (5), post.
Provision with respect to native labourers employed beyond territorial waters in rjearl-shcll and lJeche-de-mer :fisheries is made by s. 14 of The Queensland Pearl Shell and Beche-de-mer Fisheries (Extra-territorial) Act of 1888 of the Federal Council of Australasia, title FISHERIES.
8. Master to bring native labourers back to port. Penalty.-If any such vessel arrives in any port in Queensland having a less number of native labourers on board than are carried on the ship's articles, the master and owner shall each be liable to a penalty not exceeding five and twenty pounds for every native labourer so deficient in respect of whom such master or owner shall not prove to the satis- faction of the Court that he has been prevented by circumstances beyond his control from bringing such native labourer to such port.
For ''native labourers,'' see s. 1, ante, and s. 12, post.
With respect to aboriginals and half-castes and their medical examination on discharge, see The Aboriginals Protection ancl Restriction of the Sale of Opium Acts, 1901, s. 10 (6) and 1934, s. 14, post.
Provision with respect to Polynesians and native labourers employed in pearl-shell and beche-<}e-mer :fisheries is made by s. 12 of The Pearl-shell ancl Beebe-de-mer Fishery Act of 1881, title FISHERIES.
9. Mode of prosecution.-All offences against either of the two last preceding sections of this Act may be prosecuted in a summary way before any two justices.
See also s. 18 of The Aboriginals Protection and Restriction of the Sale of Opium Act, 19m, post.
Procedure on summary prosecutions is regulated by The Justices Acts,.
1886-1932, title JUSTICES.
10. Accused person may give evidence.-In any proceeding against any person for a breach of the provisions of this Act the accused person shall be a competent witness on his own behalf.
See also s. 75 of. The Justices Act of 1886, title JusTICES, and s. 3 of The Criminal Law Amendment Act, 1892, title CRIMINAL LAW.
11. Onus of proof.-In any proceeding under this Act the averment in the information or statement of claim that any person named therein is a native labourer shall be sufficient proof thereof until the contrary is shown.
12. Exceptions.-The provisions of this Act shall not apply to any native labourer who is employed as a boatman on board of any boat in any port in Queensland.
Native Labou'rers' Protect,ion Act of
1884. ss.12-14.In the case of a native labourer who is carried direct in a vessel to any such port for the purpose of being engaged under the provisions of this Act (the proof of which purpose shall be upon the person alleging the fact), the provisions of this Act shall not apply in respect of such native labourer while he is being so carried.
13. Compliance w;ith the provisions of this Act to be sufficient
~ompliance with ''The Pearl-shell and Beche-de-mer Fishery Act of 1881.' '-The engagement of a native lab,ourer in accordance with the provisions of this Act shall be a sufficient compliance with the provisions of the eleventh section of "'l'he Pearl-Shell and Beche-de-mer Fishery Act of 1881, '' respecting the engagement of native labourers.
S. 11 of The Pearl-shell and B~che-de-mer Fishery Act of 1881 (title FISHERIES) was repealed by s. 14 of The Pearl-shell and Beche-do-mer Fishery Act Amendment Act of 1886.
14. Short title.-This Act may be cited as ''The Native Labourers' Protection Act of 1884. ''