Opinion Number. 1297

Subject

ELECTIONS: ABORIGINAL NATIVES
WHETHER A SYRIAN OF GREEK DESCENT WAS AN ABORIGINAL NATIVE OF ASIA: ABORIGINAL BLOOD MUST PREPONDERATE

Key Legislation

COMMONWEALTH ELECTORAL ACT 1918, s. 39 (5)

Date
Client
The Chief Electoral Officer

The Chief Electoral Officer has requested me to advise upon the claim to enrolment of A.B.C, a Presbyterian Minister of Springvale, Victoria. Mr C. has made a Statutory Declaration to the effect (inter alia) that he was naturalized in the Commonwealth on 23 April 1921, that he is not an aboriginal native of Asia and that he was born at Mount Lebanon, Syria of parents of Greek descent whose ancestors were members of the Greek Orthodox Church. The right of Mr C. to enrolment appears to depend upon his parentage.

Further information on this point is necessary.

He asserts that his parents were of Greek descent but it may be found that he is a person in whom aboriginal blood preponderates, in which case he is disqualified from enrolment. See my opinion of 30 September 1905.(1)

[Vol. 19, p. 247]

(1)Opinion [Vol.5, p. 77] not published in Vol.1. In it Mr (as he then was) Garran cited Opinion No. 13, by the Attorney-General Mr Deakin, given on 29 August 1901, and went on to ' . . . advise that half-castes are not disqualified, but that all persons in whom the aboriginal blood preponderates are disqualified'. This opinion was endorsed by the Attorney-General, Mr Isaacs, in the following terms: 'I think this is reasonable and should be followed'.