[1963] VR 225
OGILVIE v LOWE
SUPREME COURT OF VICTORIA
SHOLL, J
28 March 1963
[1963] VR 225
Aborigine — Statute — Public policy — "Wife of an aborigine" — Whether
feminine expression includes masculine — "Relative" — Aborigines Act 1958 (No.
6190), s7(1), s11 — Aborigines Regulations 1957, reg11, reg18 — Acts
Interpretation Act 1958 (No. 6189), s17.
.
Reg18 of the Aborigines Regulations 1957 prohibits (with certain exceptions)
any person from entering or being upon or remaining within an aboriginal
reserve, unless "he (a) is an aborigine to whom a current permit to reside on
such reserve has been issued by the Board or is the wife or a relative of such
aborigine authorized under these regulations to live with him on the reserve",
or possesses other qualifications not currently relevant. Reg11(1) provides
that a permit to reside in a reserve shall be sufficient authority for the
wife of an aborigine to live with him in the reserve. A court of petty
sessions having dismissed an information against the defendant, the
non-aboriginal husband of an aboriginal woman who held a current permit to
reside on a reserve, for having remained on an aboriginal reserve,
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[1963] VR 225
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