Commonwealth laws relating to Aboriginal and Torres Strait Islander peoples: a quick guide

24 October 2023

PDF Version [659KB]

Sally McNicol
Social Policy

Contents

Context
Overview
Methodology
Acts in force
Table 1  Acts in force specific to Aboriginal and Torres Strait Islander people or matters
Table 2  Acts in force with sections of particular relevance to, or that may differently affect, Aboriginal and Torres Strait Islander people or matters
Table 3  Act in force, but no longer relevant to Aboriginal and Torres Strait Islander people or matters
Acts no longer in force
Table 4  Historically important Acts no longer in force specific to Aboriginal and Torres Strait Islander people or matters

Context

Overview

The Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023 (the Bill) was tabled in Parliament on 30 March 2023. It was passed by the House of Representatives on 31 May 2023 and by the Senate on 19 June 2023. The proposed alteration includes a provision that ‘the Aboriginal and Torres Strait Islander Voice may make representations to the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples.’

The Bill’s Explanatory Memorandum (EM) states that this would include ‘making representations about existing or proposed laws, as well as representations in relation to the Parliament’s other functions, such as parliamentary committee inquiries, on matters relating to Aboriginal and Torres Strait Islander peoples’ [emphasis added] (paragraph 16, p. 11).

The meaning of ‘matters relating to Aboriginal and Torres Strait Islander peoples’ is expanded on in paragraph 24 (p. 12):

The phrase ‘matters relating to Aboriginal and Torres Strait Islander peoples’ would include:

a. matters specific to Aboriginal and Torres Strait Islander peoples; and

b. matters relevant to the Australian community, including general laws or measures, but which affect Aboriginal and Torres Strait Islander peoples differently to other members of the Australian community.

Key provisions of, and background to, the Bill are discussed in greater detail in the Parliamentary Library’s Bills Digest ‘Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023’.

This quick guide lists Commonwealth laws, current and no longer in force, that are specific to Aboriginal and Torres Strait Islander peoples or matters, or contain provisions which may affect Aboriginal and Torres Strait Islander peoples differently to other members of the Australian community. It provides some information about the nature and purpose of each law, including whether it has been found by the High Court to rely on the ‘race power’ in s 51(xxvi) of the Constitution.

This quick guide includes 3 Tables. Table 1 sets out Acts in force which relate specifically, or predominantly, to Aboriginal and Torres Strait Islander peoples and matters.

Table 2 sets out a (necessarily partial) list of Acts in force that may affect Aboriginal and Torres Strait Islander peoples differently, or that are general in nature but include sections specific to Aboriginal and Torres Strait Islander matters. Examples of this include the Racial Discrimination Act 1975, the Broadcasting Services Act 1992, the Environment Protection and Biodiversity Conservation Act 1999, and the Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007.[1]

Some amending Acts have been included where the amendments relate specifically to Aboriginal and Torres Strait Islander matters. For example, the Water Amendment (Indigenous Authority Member) Act 2019 amends the Water Act 2007 to add an Indigenous person with relevant expertise to the Murray-Darling Basin Authority.

Table 3 lists legislation no longer in force that would have met the above criteria. This list is not intended to be comprehensive, but includes some notable legislation that was historically significant to Aboriginal and Torres Strait Islander peoples.

Methodology

Information in this quick guide has been compiled from the Federal Register of Legislation website, based on searches using the keywords ‘Aboriginal’, ‘Indigenous’, ‘Torres’, ‘heritage’, and ‘51(xxvi)’ (the Constitutional ‘race power’). Additionally, other commonly referred to Acts relating to Aboriginal and Torres Strait Islander people were identified (such as the Native Title Act 1993). While every effort has been made to be comprehensive, some relevant legislation may have been missed.

Legislation relating to Budget appropriations (that may include, for example, the funding or defunding of Indigenous programs, organisations and communities) has not been included.

Acts are listed in alphabetical order. Links are to the latest versions of legislation (as of 20 July 2023).


Acts in force

Table 1     Acts in force specific to Aboriginal and Torres Strait Islander people or matters

Acts in force specific to Aboriginal and Torres Strait Islander people or matters

Title

Purpose

Notes

Aboriginal and Torres Strait Islander Act 2005

An Act to establish a Torres Strait Regional Authority, an Indigenous Land and Sea Corporation and a corporation to be known as Indigenous Business Australia, and for related purposes.

This was previously titled the Aboriginal and Torres Strait Islander Commission Act 1989 (ATSIC Act 1989). It was renamed in 2005 when ATSIC was abolished (refer Schedule 1, Part 2, items 2–3 of the Aboriginal and Torres Strait Islander Commission Amendment Act 2005). The preamble of the Act still states:

AND WHEREAS it is also appropriate to establish structures to represent Aboriginal persons and Torres Strait Islanders to ensure maximum participation of Aboriginal persons and Torres Strait Islanders in the formulation and implementation of programs and to provide them with an effective voice within the Australian Government;

Aboriginal and Torres Strait Islander Heritage Protection Act 1984

An Act to preserve and protect places, areas and objects of particular significance to Aboriginals, and for related purposes.

Part II of this Act was accepted by the High Court as being supported by the Constitutional ‘race power’ (s 51(xxvi)) in the Hindmarsh Island Bridge Case.

This legislation is currently being reviewed as part of the Government response to the destruction of Juukan Gorge – the Government has committed 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, (pp. 8–9).

Aboriginal and Torres Strait Islander Land and Sea Future Fund Act 2018

An Act to establish the Aboriginal and Torres Strait Islander Land and Sea Future Fund (ATSILSFF), and for other purposes.

This Act transferred management and investment of the former Aboriginal Land Fund to the Future Fund Board of Guardians in order to ensure its ongoing sustainability. The investment earnings of the ATSILSFF are the major income source of the Indigenous Land and Sea Corporation.

Aboriginal Land Grant (Jervis Bay Territory) Act 1986

An Act to grant land in the Jervis Bay Territory to the Wreck Bay Aboriginal Community, and for other purposes.

The Aboriginal Land Grant (Jervis Bay Territory) Amendment (Strengthening Land and Governance Provisions) Bill 2022, which amends this Act, is currently (June 2023) before the Senate.

Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987

An Act to provide for the vesting in certain Aboriginal communities of certain land at Lake Condah and Framlingham owned by the State of Victoria, and for related purposes.

 

Aboriginal Land Rights (Northern Territory) Act 1976

An Act providing for the granting of Traditional Aboriginal Land in the Northern Territory for the benefit of Aboriginals, and for other purposes.

This Act responded to the 1974 Woodward Aboriginal Land Rights Commission reports to create a land rights regime in the Northern Territory, regulate mining on Aboriginal land, and create and regulate the 2 (now 4) Northern Territory Aboriginal Land Councils.

Aboriginal Land Rights and Other Legislation Amendment Act 2013

An Act to amend legislation relating to Aboriginal land rights and other legislation, and for related purposes.

 

This amendment Act recognised the Mirarr people as the traditional owners of Jabiru, and also allowed for the land to be leased back to the Commonwealth and remain within Kakadu National Park. It also made amendments to the Environment Protection and Biodiversity Conservation Act 1999 to ensure the continued protection of the values of Kakadu National Park, and scheduled a parcel of land near Tennant Creek known as Patta to be granted as Aboriginal land.

Aboriginal Land Rights (Northern Territory) Amendment (Economic Empowerment) Act 2021

An Act to amend the Aboriginal Land Rights (Northern Territory) Act 1976, and for related purposes.

This amendment Act established the Northern Territory Aboriginal Investment Corporation (NTAIC) and transferred 50% of the accumulated balance of the Aboriginals Benefit Account to the NTAIC.

Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989

An Act to establish an Australian Institute of Aboriginal and Torres Strait Islander Studies, and for related purposes.

 

 

Constitution Alteration (Aboriginals) 1967

An Act to alter the Constitution so as to omit certain words relating to the People of the Aboriginal Race in any State and so that Aboriginals are to be counted in reckoning the Population.

This Constitution Alteration enabled the Commonwealth to make laws specific to Aboriginal (and Torres Strait Islander) peoples, as peoples of specific races, under s 51(xxvi) of the Constitution.

Corporations (Aboriginal and Torres Strait Islander) Act 2006

An Act to provide for Aboriginal and Torres Strait Islander corporations, and for related purposes.

 

This Act replaced the Aboriginal Councils and Associations Act 1976.

Hindmarsh Island Bridge Act 1997

An Act to facilitate the construction of the Hindmarsh Island bridge, and for related purposes.

The Hindmarsh Island Bridge Act 1997 suspended the Racial Discrimination Act 1975 and led to a High Court precedent that effectively established that ‘special measures’ under s51(xxvi) of the Constitution (the ‘race power’) do not have to be for the benefit of the targeted race.

Indigenous Education (Targeted Assistance) Act 2000

An Act to provide targeted financial assistance to advance the education of Indigenous persons, and for related purposes.

 

Native Title Act 1993

 

An Act about native title in relation to land or waters, and for related purposes.

 

The Native Title Act 1993 was enacted in response to the High Court’s decision in Mabo v Queensland (No. 2) (1992) that overturned the doctrine of terra nullius (‘land belonging to no-one’) and recognised the native title rights of Aboriginal and Torres Strait Islander peoples.

The Act was found to be supported by the constitutional ‘race power’ (51(xxvi)) in the High Court case Western Australia v Commonwealth (Native Title Act Case) (1995). The High Court adopted the view that the necessity for an Act under s 51(xxvi) of the Constitution is primarily a matter of judgment for Parliament. The Court held the Act to be ‘special’ in that it conferred uniquely on Indigenous holders of native title a benefit protective of their native title.

Petermann Aboriginal Land Trust (Boundaries) Act 1985

 

An Act relating to the boundaries of the land held by the Petermann Aboriginal Land Trust established under the Aboriginal Land Rights (Northern Territory) Act 1976, and for related purposes.

This Act relates to the hand-back of Uluru to its traditional owners (for details see the Minister’s second reading speech).

 

Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007

An Act to amend the law relating to social security, and for related purposes.

This Act established an income management regime as part of the Northern Territory Emergency Response (NTER). It also enabled conditional income management in the Cape York Welfare Reform trials –  a separate model of income management to that of the NTER.

Territories Stolen Generations Redress Scheme (Facilitation) Act 2021

 

An Act to facilitate the operation of the Territories Stolen Generations Redress Scheme, and for related purposes.

 

 

Water Amendment (Indigenous Authority Member) Act 2019

 

An Act to amend the Water Act 2007 in relation to the membership of the Murray‑Darling Basin Authority, and for related purposes.

 

This Act amends the Water Act 2007 to add an Indigenous person with relevant expertise to the Murray-Darling Basin Authority.

 

Table 2     Acts in force with sections of particular relevance to, or that may differently affect, Aboriginal and Torres Strait Islander people or matters

Acts in force with sections of particular relevance to, or that may differently affect, Aboriginal and Torres Strait Islander people or matters

Title

Purpose

Notes

Atomic Energy Act 1953

 

An Act relating to Atomic Energy.

 

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).

Australian Education Act 2013

 

An Act in relation to school education and reforms relating to school education, and for related purposes.

 

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.

Australian Heritage Council Act 2003

 

An Act to establish the Australian Heritage Council, and for related purposes.

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)).

Australian Human Rights Commission Act 1986

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.

Of particular relevance is Part IIA–Aboriginal and Torres Strait Islander Social Justice Commissioner.

Broadcasting Services Act 1992

An Act relating to broadcasting services, datacasting services, online services and content services, and for related purposes.

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.

Carbon Credits (Carbon Farming Initiative) Act 2011

An Act about projects to remove carbon dioxide from the atmosphere and projects to avoid emissions of greenhouse gases, and for other purposes.

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).

Commonwealth Grants Commission Act 1973

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.

See s.18: Inquiries relating to indigenous persons.

 

Environment Protection (Alligator Rivers Region) Act 1978

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.

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.

Environment Protection and Biodiversity Conservation Act 1999

An Act relating to the protection of the environment and the conservation of biodiversity, and for related purposes.

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.

Fisheries Administration Act 1991

An Act to establish an Australian Fisheries Management Authority and a Fishing Industry Policy Council, and for related purposes.

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)).

Fisheries Management Act 1991

An Act relating to fisheries.

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)).

Great Barrier Reef Marine Park Act 1975

An Act to establish a Great Barrier Reef Marine Park and for related purposes.

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

National Housing Finance and Investment Corporation Act 2018

An Act to establish the National Housing Finance and Investment Corporation, and for related purposes.

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.)

Northern Australia Infrastructure Facility Act 2016

An Act to establish the Northern Australia Infrastructure Facility, and for related purposes.

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.

Northern Australia Infrastructure Facility Amendment (Miscellaneous Measures) Act 2023

An Act to amend the Northern Australia Infrastructure Facility Act 2016, and for related purposes.

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’.

National Radioactive Waste Management Amendment (Site Selection, Community Fund and Other Measures) Act 2021

An Act to amend the National Radioactive Waste Management Act 2012, and for related purposes.

 

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.

Northern Territory Acceptance Act 1910

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.

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.

Northern Territory (Self-Government) Act 1978

An Act to provide for the Government of the Northern Territory of Australia, and for related purposes.

 

Protection of Movable Cultural Heritage Act 1986

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.

 

Racial Discrimination Act 1975

An Act relating to the Elimination of Racial and other Discrimination.

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.

Social Security Act 1991

An Act to provide for the payment of certain pensions, benefits and allowances, and for related purposes.

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.)

Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007

An Act to amend the law relating to social security, and for related purposes.

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.

Torres Strait Fisheries Act 1984

 

An Act relating to fisheries in certain waters between Australia and the Independent State of Papua New Guinea.

 

 

Underwater Cultural Heritage Act 2018

 

An Act to protect Australia’s underwater cultural heritage, and for related purposes.

 

 

Uranium Royalty (Northern Territory) Act 2009

 

An Act to impose a royalty on uranium, and certain other designated substances, recovered in the Northern Territory, and for other purposes.

 

Wet Tropics of Queensland World Heritage Area Conservation Act 1994

An Act relating to the conservation of the Wet Tropics of Queensland World Heritage Area.

 

 

Table 3     Act in force, but no longer relevant to Aboriginal and Torres Strait Islander people or matters

Acts in force with sections of particular relevance to, or that may differently affect, Aboriginal and Torres Strait Islander people or matters

Title

Purpose

Notes

Native Members of the Forces Benefits Act 1957 (currently in force as Papua New Guinea (Members of the Forces Benefits) Act 1957)

An Act to make special provision for the granting of Pensions and other Benefits to certain Natives who served in the Defence Force during the War and their Dependants, and for purposes connected therewith.

This Act was no longer relevant to Aboriginal and Torres Strait Islander peoples following passage of the Repatriation (Torres Strait Islanders) Act 1972 (which in turn was later repealed by the Veterans' Entitlements Act 1986).

 

Acts no longer in force

Table 4     Historically important Acts no longer in force specific to Aboriginal and Torres Strait Islander people or matters

Historically important Acts no longer in force specific to Aboriginal and Torres Strait Islander people or matters

Title

Purpose

Notes

Aboriginal Affairs (Arrangements with the States) Act 1973 (repealed by the Omnibus Repeal Day (Autumn 2015) Act 2016, 6 May 2016)

An Act providing for Arrangements with the States with respect to Aboriginal Affairs.

 

Aboriginal and Torres Strait Islander Peoples Recognition Act 2013 (ceased to have effect and self-repealed 28 March 2018)

An Act to provide for the recognition of Aboriginal and Torres Strait Islander peoples, and for related purposes.

 

Aboriginal and Torres Strait Islanders (Queensland Discriminatory Laws) Act 1975 (repealed by the Omnibus Repeal Day (Autumn 2015) Act 2016, 6 May 2016)

An Act to make Provision with respect to the Peoples of the Aboriginal race of Australia, and the race to which Torres Strait Islanders belong, for the purpose of preventing Discrimination in certain respects against those Peoples under laws of Queensland.

The 1982 Koowarta v Bjelke-Petersen High Court case upheld the validity of the Racial Discrimination Act 1975 (the RDA). Prior to then, the Queensland Government refused to enforce the RDA. This led to the Australian Parliament passing specific legislation to overrule some discriminatory Queensland laws relating to Aboriginal and Torres Strait Islander peoples.

Aboriginal and Torres Strait Islanders (Queensland Reserves and Communities Self-management) Act 1978 (repealed by the Prime Minister and Cabinet Legislation Amendment (2017 Measures No. 1) Act 2018, 21 February 2018)

An Act to empower Aboriginals and Torres Strait Islanders who live on reserves in Queensland to manage and control their own affairs.

The Bjelke-Petersen Queensland government circumvented much of this Act by passing the Local Government (Aboriginal Lands) Act 1978 (Qld) prior to it receiving Royal Assent. See the Bills Digest to the Prime Minister and Cabinet Legislation Amendment (2017 Measures No. 1) Act 2018 for a short history.

Aboriginal Councils and Associations Act 1976 (repealed by the Corporations (Aboriginal and Torres Strait Islander) Consequential, Transitional and Other Measures Act 2006, 1 July 2007)

An Act to provide for the Constitution of Aboriginal Councils and the Incorporation of Associations of Aboriginals and for matters connected therewith.

 

Aboriginal Development Commission Act 1980 (repealed by the Aboriginal and Torres Strait Islander Commission Act 1989, 5 March 1990)

An Act to establish an Aboriginal Development Commission, and to provide for related matters.

 

Aboriginal Enterprises (Assistance) Act 1968 (repealed by the Aboriginal Loans Commission Act 1974, 28 November 1974)

An Act to assist the Establishment and Development of Business Enterprises by the Aboriginal People of Australia.

 

Aboriginal Land Fund Act 1974 (repealed by the Aboriginal Development Commission Act 1980, 1 July 1980)

An Act to assist Aboriginal Communities to acquire Land outside Aboriginal Reserves.

 

Aboriginal Loans Commission Act 1974 (repealed by the Aboriginal Development Commission Act 1980, 1 July 1980)

An Act relating to the Provision of Financial Assistance for certain Purposes conducive to the Advancement of the Aboriginal People of Australia.

 

Australian Institute of Aboriginal Studies Act 1964 (repealed by the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989, 5 March 1990)

An Act relating to the Australian Institute of Aboriginal Studies.

 

Commonwealth Electoral Act 1962 (repealed by the Amending Acts 1901 to 1969 Repeal Act 2014, 24 June 2014)

An Act to give to Aboriginal Natives of Australia the right to Enrol and to Vote as Electors of the Commonwealth, and to provide for certain Offences in relation thereto.

This Act gave all Aboriginal (and Torres Strait Islander) people the right to vote in federal (but not state) elections, on a voluntary basis. Prior to this, the federal franchise was based upon whether the relevant state granted voting rights to Aboriginal people.

Coordinator-General for Remote Indigenous Services Act 2009 (repealed by the Omnibus Repeal Day (Autumn 2014) Act 2014, 17 October 2014)

An Act to provide for a Coordinator‑General for Remote Indigenous Services, and for related purposes.

 

Council for Aboriginal Reconciliation Act 1991 (self-ceasing 1 January 2001; repealed by the Prime Minister and Cabinet Legislation Amendment (2017 Measures No. 1) Act 2018, 21 February 2018)

An Act to establish a Council for Aboriginal Reconciliation.

See the Bills Digest to the Prime Minister and Cabinet Legislation Amendment (2017 Measures No. 1) Act 2018 for a short history of the Council for Aboriginal Reconciliation.

Emigration Act 1910 (repealed by the Migration Act 1958, 10 November 1958)

An Act relating to the Emigration from Australia of Young Persons and Aboriginal Natives.

 

Indigenous Education (Supplementary Assistance) Act 1989 (repealed by the Indigenous Education (Targeted Assistance) Amendment Act 2004, 14 December 2004)

An Act to provide supplementary financial assistance to advance the education of Indigenous persons, and for related purposes.

 

Migration Act 1973 (repealed by the Amending Acts 1970 to 1979 Repeal Act 2015, 25 March 2015)

An Act to amend the Migration Act 1958–1966 for the purpose of removing Restrictions on the Departure of Aboriginals from Australia.

 

Northern Territory National Emergency Response Act 2007 (repealed by the Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Act 2012, 16 July 2012)

An Act to respond to the Northern Territory’s national emergency, and for related purposes.

This Act suspended the Racial Discrimination Act 1975 (refer to the Bills Digest, pp. 22–27).

 

Repatriation (Torres Strait Islanders) Act 1972 (repealed by the Veterans' Entitlements Act 1986, 22 May 1986)

An Act making provision for Repatriation purposes with respect to certain Torres Strait Islanders, and certain Aboriginal Natives of Australia, who served in the Defence Force during the War and with respect to Residents of the Torres Strait Islands.

 

Stronger Futures in the Northern Territory Act 2012 (self-ceased and self-repealed, 17 July 2022)

An Act to build stronger futures for Aboriginal people in the Northern Territory, and for related purposes.

                 

 

States Grants (Aboriginal Assistance) Act 1976 and State Grants (Aboriginal Assistance Act 1974 (both repealed by the Aboriginal and Torres Strait Islander Commission Act 1989, 5 March 1990)

[Acts] to grant Financial Assistance to the States in relation to the Aboriginal People of Australia.

 

States Grants (Aboriginal Advancement) Act 1973 and State Grants (Aboriginal Advancement) Act (No. 2) 1973 (both repealed by the Aboriginal and Torres Strait Islander Commission Act 1989, 5 March 1990);

State Grants (Aboriginal Advancement) Act 1972 (repealed by the Omnibus Repeal Day (Autumn 2015) Act 2016, 6 May 2016);

State Grants (Aboriginal Advancement) Act 1971, State Grants (Aboriginal Advancement) Act 1970, State Grants (Aboriginal Advancement) Act 1969, State Grants (Aboriginal Advancement) Act (No. 2) 1969, State Grants (Aboriginal Advancement) Act 1968 (all repealed by the Statute Law Revision Act 1973, 31 December 1973)

[Acts] to grant Financial Assistance to the States in connection with the Welfare and Advancement of the Aboriginal People of Australia.

 

World Heritage Properties Conservation Act 1983 (repealed by the Environmental Reform (Consequential Provisions) Act 1999, 16 Jul 2000: see Schedule 6 (Part 2) of that Act for saving and transitional provisions)

An Act relating to the protection and conservation of certain property, and for related purposes.

This legislation led to the Tasmanian Dam Case in which the High Court found that sections of the World Heritage Properties Conservation Act 1983 relating to the protection of Aboriginal historic and cultural sites were supported by section 51(xxvi) of the Constitution (the ‘race power’). Upon its repeal, relevant protections from this Act were incorporated into the Environment Protection and Biodiversity Conservation Act 1999.

[1].   Aboriginal and Torres Strait Islander people tend to be disproportionately affected by expansion or contraction of social security and other government services, due to the different demographic characteristics (and life experiences) of the Aboriginal and Torres Strait Islander population (such as more than half being aged 24 years and younger, a relatively large proportion of the population living in remote areas, and being more likely to experience disability and ill health, and unemployment),* and so are more likely to be affected by legislation of a more general character affecting social security, health or education in particular.

*ABS (2022) Australia 2021 Census Aboriginal and/or Torres Strait Islander people QuickStats,   ABS (2022) Australia 2021 Census All persons QuickStats,  ABS (2022) Profile of people with a core need for assistance in Australia,  Census of Population and Housing, 2021, TableBuilder with additional work by the Parliamentary Library.

 

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