Atomic Energy Act 1953
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An Act
relating to Atomic Energy.
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This Act vests
ownership of uranium in the territories in the Commonwealth and requires a
person discovering uranium to notify the Commonwealth. It was amended in 1978
to authorise uranium mining in the Ranger Project Area in the Northern
Territory (Part 3 of this Act relates).
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Australian Education Act 2013
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An Act in
relation to school education and reforms relating to school education, and
for related purposes.
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This Act includes
definitions for a ‘majority Aboriginal and Torres Strait Islander school’ (s. 8)
and ‘Aboriginal and Torres Strait Islander loading’ (s. 37), both of which
are used when calculating Australian
Government funding for schools.
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Australian Heritage Council Act 2003
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An Act to
establish the Australian Heritage Council, and for related purposes.
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When appointing
members of the Australian Heritage Council, other than the Chair and
associate members, the responsible Minister must ensure that 2 of the members
are ‘indigenous persons with
substantial experience or expertise concerning indigenous heritage, at least
one of whom represents the interests of indigenous people’ (Section 7(3)(c)).
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Australian Human Rights Commission Act 1986
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An Act to
establish the Australian Human Rights Commission, to make provision in
relation to human rights and in relation to equal opportunity in employment,
and for related purposes.
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Of particular relevance
is Part IIA–Aboriginal and Torres Strait Islander
Social Justice Commissioner.
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Broadcasting Services Act 1992
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An Act
relating to broadcasting services, datacasting services, online services and
content services, and for related purposes.
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Under Section
8B of the Broadcasting Service Act 1992 (the BSA), the Australian Communications
and Media Authority can classify an Indigenous community as a ‘remote
Indigenous community’ (RIC). RICs are listed in the Broadcasting
Services (Remote Indigenous Communities) Determination 2022.
The
BSA sets out rules community broadcasting licensees must follow when their
services are targeted to RICs.
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Carbon Credits (Carbon Farming Initiative) Act 2011
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An Act about projects to remove carbon dioxide from
the atmosphere and projects to avoid emissions of greenhouse gases, and for
other purposes.
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This Act includes consent
requirements for carbon projects on land subject to a Native Title Indigenous
Land Use Agreement (particularly Division 10, sections 46–51). Note: On 25 August 2023, the
Australian Government released a discussion paper seeking views on implementing the recommendations from a 2022 review of the Australian Carbon Credit Units
(ACCU) Scheme, including establishing
appropriate consent requirements for Native Title consent to projects (Report
Recommendation 11).
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Commonwealth Grants Commission Act 1973
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An Act to
establish a Commonwealth Grants Commission to make Recommendations concerning
the Granting of Financial Assistance to the States and autonomous
Territories, the financing of works and services in respect of the other
Territories and the financing of works and services in respect of indigenous
persons.
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See s.18: Inquiries relating to indigenous persons.
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Environment Protection (Alligator Rivers Region) Act
1978
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An Act to
provide for the appointment of a Supervising Scientist for the purpose of
protecting the environment in the Alligator Rivers Region of the Northern
Territory from the effects of mining operations, and for other purposes.
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The Alligator Rivers Region is significant to several Aboriginal groups: the
region extends into western Arnhem Land and includes the catchments of the
West Alligator, South Alligator and east Alligator Rivers. Kakadu National
Park lies entirely within the Alligator Rivers Region, as do the Ranger,
Jabiluka, Narbarlek and Koongarra uranium deposits. This Act establishes a
regime to monitor, manage and control the effects of uranium mining within
the region.
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Environment Protection and Biodiversity Conservation
Act 1999
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An Act
relating to the protection of the environment and the conservation of
biodiversity, and for related purposes.
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This Act includes
provisions specific to protecting Indigenous heritage. The 2020 independent
review of the Act (the Samuel Review)
made 4 recommendations relating to Indigenous culture and heritage,
including legislative reform. The Government response to the Samuel Review (p. 13) reaffirms the commitment made in its response to the destruction of Juukan Gorge (pp. 8–9) to work in partnership with the First Nations Heritage Protection Alliance to co-design reforms to Aboriginal and Torres
Strait Islander cultural heritage protections, including replacing the
existing Aboriginal and Torres Strait Islander Heritage Protection Act
1984.
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Fisheries Administration Act 1991
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An Act to establish
an Australian Fisheries Management Authority and a Fishing Industry Policy
Council, and for related purposes.
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This Act establishes
the Australian Fisheries Management Authority (AFMA) and the Fishing Industry
Policy Council. The objectives of the Act includes a requirement that the AFMA
have regard to the objectives of ‘ensuring that the interests of commercial,
recreational and Indigenous fishers are taken into account’ (s.6(2)).
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Fisheries Management Act 1991
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An Act relating
to fisheries.
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The objectives of
this Act includes a requirement that the Minister, Australian Fisheries
Management Authority and Joint Authorities [Joint Authorities can be
established under s.61 of
the Act] have regard to the objectives of ‘ensuring that the interests of
commercial, recreational and Indigenous fishers are taken into
account’ (s.3(2)(e)).
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Great Barrier Reef Marine Park Act 1975
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An Act to
establish a Great Barrier Reef Marine Park and for related purposes.
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The Objects of the
Act reference Indigenous persons and traditional owners:
2A(2)(b):
‘encourage engagement in the
protection and management of the Great Barrier Reef Region by interested
persons and groups, including Queensland and local governments, communities,
Indigenous persons, business and industry’
2A(3)(e):
‘facilitates partnership with
traditional owners in management of marine resources’
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National Housing Finance and Investment Corporation
Act 2018
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An Act to
establish the National Housing Finance and Investment Corporation, and for
related purposes.
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Subsection 10(1) (Constitutional limits) includes the paragraph ‘(g) for purposes relating to people to which
paragraph 51(xxvi) of the Constitution applies’. This is one of 3 instances found where
Commonwealth legislation makes specific reference to what is often referred
to as the ‘race power’
in the Constitution. (The other 2 instances are 7(1A)(b) in the Northern Australia Infrastructure Facility Act 2016 and 1062B(k) of the Social Security Act 1991.)
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Northern Australia Infrastructure Facility Act 2016
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An Act to
establish the Northern Australia Infrastructure Facility, and for related
purposes.
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Subsection 7(1A) (Functions of Facility Financial
Assistance to other entities)
includes the paragraph ‘(b) that is
with respect to people to whom paragraph 51(xxvi) of the Constitution
applies’. This is one of 3
instances found where Commonwealth legislation makes specific reference to
what is often referred to as the ‘race power’
in the Constitution. (The other 2 instances are 10(1)(g) in the National Housing Finance and Investment Corporation Act 2018 and 1062B(k) of the Social Security Act 1991.)
See amending Bill below.
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Northern Australia Infrastructure Facility Amendment
(Miscellaneous Measures) Act 2023
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An Act to
amend the Northern Australia Infrastructure Facility Act 2016, and for
related purposes.
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This Act removes
references to paragraph 51(xxvi) (the ‘race power’ in the Constitution) from
the Northern Australia
Infrastructure Facility Act 2016
and replaces them with a reference to ‘benefiting Indigenous persons’.
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National Radioactive Waste Management Amendment
(Site Selection, Community Fund and Other Measures) Act 2021
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An Act to
amend the National Radioactive Waste Management Act 2012, and for related
purposes.
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This Amendment Act
specifies the site selected for a National Radioactive Waste Management
Facility. The location specified in the Act is of importance to the Barngarla Aboriginal people, who have opposed the facility since 2017. On 18 July 2023, a Federal Court judicial review ruled in favour of the Barngarla Determination Aboriginal
Corporation. On 10 August 2023, Madeleine King, Minister for Resources and
Minister for Northern Australia, stated
that she would not be appealing the Judge’s finding and that the Australian Government
would not be pursuing the site in question as a potential site for the
Facility.
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Northern Territory Acceptance Act 1910
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An Act to
provide for the Acceptance of the Northern Territory as a Territory under the
Authority of the Commonwealth and for the carrying out of the Agreement for
the Surrender and Acceptance.
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This Act made the
Northern Territory into a Commonwealth territory, and therefore subject to section
122 of the Constitution, often known as the Territories power. This power
enabled the enactment of the Aboriginal Land Rights (Northern Territory) Act 1976, the Northern Territory National Emergency Response Act
2007, and the Stronger Futures in the Northern Territory Act 2012.
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Northern Territory (Self-Government) Act 1978
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An Act to
provide for the Government of the Northern Territory of Australia, and for
related purposes.
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Protection of Movable Cultural Heritage Act 1986
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An Act to
protect Australia’s heritage of movable cultural objects, to support the
protection by foreign countries of their heritage of movable cultural
objects, and for related purposes.
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Racial Discrimination Act 1975
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An Act
relating to the Elimination of Racial and other Discrimination.
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While the Racial
Discrimination Act 1975 was found by the High Court (in Koowarta v Bjelke-Petersen (1982)) to not be supported by the constitutional
‘race power’ (51(xxvi)), the Koowarta case established the general test for determining
if such support exists. The test states that the law must be for a ‘people of
a particular race’ and not apply generally to ‘people of all races’, and the
law must be a ‘special’ law. In relation to the first part of the test, the
High Court held that the validity of the Racial Discrimination Act 1975 could not be upheld by 51(xxvi) because it was of general application
and not special to the people of a particular race. The Court found that the Racial Discrimination
Act 1975 was upheld under s 51(xxix), the ‘external affairs power’
instead, as it implemented an international convention, the UN Convention on
the Elimination of all forms of Racial Discrimination (CERD), which Australia
had signed.
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Social Security Act 1991
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An Act to provide
for the payment of certain pensions, benefits and allowances, and for related
purposes.
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Part 2.13
of the Social Security Act 1991 describes a remote engagement program payment
which was established under the Social Security Legislation Amendment (Remote
Engagement Program) Act 2021.
The Remote Engagement Program is a remote jobs program intended to replace the Community Development Program (CDP). While the CDP is not Indigenous-specific, a
vast majority of participants identify as Indigenous. Additional information
is contained in the Bills Digest
for the Social Security Legislation Amendment (Remote Engagement Program)
Bill 2021.
Section 1062B (Constitutional limits) includes the paragraph ‘(k) people to whom paragraph 51(xxvi) of the
Constitution applies’. This is one
of 3 instances found where Commonwealth legislation makes specific reference
to what is often referred to ‘the race power’ in the Constitution. (The other 2 instances are 7(1A)(b) in the Northern Australia Infrastructure Facility Act 2016 and 10(1)(g) in the National Housing Finance and Investment Corporation Act 2018.)
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Social Security and Other Legislation Amendment
(Welfare Payment Reform) Act 2007
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An Act to
amend the law relating to social security, and for related purposes.
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This Act enabled
conditional income management in the Cape
York Welfare Reform trials and a
separate model of income management that formed part of the Northern Territory Emergency Response.
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Torres Strait Fisheries Act 1984
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An Act
relating to fisheries in certain waters between Australia and the Independent
State of Papua New Guinea.
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Underwater Cultural Heritage Act 2018
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An Act to
protect Australia’s underwater cultural heritage, and for related purposes.
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Uranium Royalty (Northern Territory) Act 2009
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An Act to
impose a royalty on uranium, and certain other designated substances,
recovered in the Northern Territory, and for other purposes.
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Wet Tropics of Queensland World Heritage Area
Conservation Act 1994
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An Act
relating to the conservation of the Wet Tropics of Queensland World Heritage
Area.
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