Prohibition on sale of alcohol 1810-1963
As early as 1810, laws banned the sale or supply of alcohol to Aboriginal people. This continued under the Aborigines Protection Act 1909 (NSW). It was not until 1963 that it was legal for all Aboriginal people to be supplied alcohol in NSW.
Alcohol and Aboriginal people in the early colony
From the beginning of colonisation in New South Wales, the production, consumption and sale of alcohol was heavily regulated. More rules were passed concerning the regulation of alcohol than any other commodity ().
Although alcohol was common in British society and commonly consumed in large quantities, there were long-standing concerns about its harms, including the view that ‘spirits caused public drunkenness and encouraged crime’ (, , ).
Governor Macquarie issued the 1810 Port Regulations as part of his broader strategy to control the distribution of alcohol. He ordered that ‘no spirits, wine, beer or other intoxicating liquor is to be sold or given from on board any vessel to a native’ (). Despite the existence of such regulations, it has been observed that ‘[f]rom the first settlement and throughout the frontier period, alcohol was used to engage Aboriginal people in discourse, attract Aboriginal people into settlements, in barter for sexual favours from Aboriginal women, as payment for Aboriginal labour and to incite Aboriginal people to fight as street entertainment’ ().
The 1837 Report from the Select Committee on Aboriginal Tribes (British Settlements) noted that the provision of alcohol to Aboriginal people was ‘an object of the deepest interest’ but a prohibition would be in vain, as it would be too difficult to enforce. The subject was recommended ‘to the diligent attention of all the local governments’ ().
Early New South Wales Courts were instructed to deal summarily with ‘complaints’ for drunkenness and other ‘turbulent or disorderly conduct’ () by imposing punishments like ‘flogging, transportation or hard labour’ (). In practice, these Courts rarely punished Aboriginal people who were found drunk in the colony as they were viewed as ‘childlike and irresponsible’ (, ).
Ban on sale of alcohol
In 1838, the Licensed Publicans Act (No 2) 1838 (NSW) made it illegal to sell, supply or give alcohol to Aboriginal people. The law stated that ‘intoxicating liquors among the aboriginal natives… is productive of serious evil to the said aboriginal natives’ ().
Despite this ban, there were still news reports and court cases dealing with public drunkenness among Aboriginal people in the colony (, , ). Repeated public complaints were made about Aboriginal people consuming alcohol, with growing calls for stricter policing. However, publicans and others in the colony continued to supply alcohol to Aboriginal people, often avoiding any legal repercussions (, ).
In 1867, the Supply of Liquors to Aborigines Prevention Act 1867 (NSW) was introduced to prevent the sale, supply or giving of alcohol to Aboriginal people ‘other than for a medical purpose’. This law imposed harsher penalties than previous laws ().
In 1909, this law was repealed by the Aborigines Protection Act 1909 (NSW) which made it illegal to supply alcohol to ‘Aborigines’ except in the case of an accident or when prescribed by a medical practitioner (). The definition of ‘Aborigine’ was amended numerous times (see, for example, , ). This law operated alongside liquor licensing laws which prohibited licensees from giving, selling or supplying alcohol to Aboriginal people (see ).
It wasn’t until 1963, 123 years since the first law was introduced prohibiting the supply of alcohol to Aboriginal people, that NSW law allowed all Aboriginal people to legally obtain and consume alcohol (). When the NSW Parliament made this change, the Aborigines Welfare Board stated that the previous law was discriminatory, ineffective at preventing harmful alcohol use and inconsistent with the Government’s assimilation policy ().
For more information
This part of Towards Truth highlights criminal offences that have had a particularly disproportionate impact on Aboriginal people in NSW. See also Contemporary Policing (coming soon) which considers the impact of police discretion and other policing practices.