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Acts no longer in force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Acts no longer in force specific to Aboriginal and Torres Strait Islander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This quick guide lists Commonwealth laws, current and no
longer in force, that are specific to Aboriginal and Torres Strait Islander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 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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