Opinion Number. 13

Subject

ABORIGINAL NATIVES WHETHER HALF-CASTES TO BE INCLUDED IN COUNT FOR RECKONING POPULATION

Author
Key Legislation

CONSTITUTION, s. 127

Date

Section 127 of the Constitution makes a particular exception that in reckoning the numbers of the people of the Commonwealth or a State, 'aboriginal natives shall not be counted'. The rule as to the construction of such exceptions, where, as in this case, they are not remedial, is that they should be construed strictly.

I am of opinion that half-castes are not'aboriginal natives' within the meaning of this section, and should be included in reckoning the population.

[Vol. 1, p. 83]

(1) This opinion was concurred in by Mr Isaacs, Attorney-General, in an opinion, not published, dated 2 October 1905 [Vol. 5, p. 77],

* See also Opinion No. 485.