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List of recommendations
Recommendation 1
1.7
The committee recommends that each House of Parliament set aside a full
day of sittings to debate concurrently recommendations of the Joint Select
Committee on Constitutional Recognition of Aboriginal and Torres Strait
Islander Peoples as set out in this report with a view to achieving
near-unanimous parliamentary support for and building momentum towards a referendum
to recognise Aboriginal and Torres Strait Islander peoples in the Constitution.
Recommendation 2
1.10
The committee recommends repealing section 25 of the Constitution.
Recommendation 3
1.13
The committee recommends not inserting the Expert Panel's
proposed new section 127A.
Recommendation 4
1.17
The committee recommends the repeal or amendment of section 51(xxvi) to
remove the reference to race.
Recommendation 5
1.19
The committee recommends that the Parliament consider three structural
options for constitutional recognition of Aboriginal and Torres Strait Islander
peoples that follow, noting the committee's view that any proposal must
preserve both existing Commonwealth laws relying on section 51(xxvi) and the
Commonwealth's power to make laws with respect to Aboriginal and Torres Strait
Islander peoples.
OPTION
1 – New section 51A with a broad prohibition of racial discrimination
incorporating the Expert Panel's section 116A amendment
51A
Recognition of Aboriginal and Torres Strait Islander Peoples
Recognising that the continent and its islands now known as
Australia were first occupied by Aboriginal and Torres Strait Islander peoples;
Acknowledging the continuing relationship of Aboriginal and Torres
Strait Islander peoples with their traditional lands and waters;
Respecting the continuing cultures, languages and heritage of
Aboriginal and Torres Strait Islander peoples;
The Parliament shall, subject
to this Constitution, have power to make laws for the peace, order and good
government of the Commonwealth with respect to Aboriginal and Torres Strait
Islander peoples.
116A Prohibition of
racial discrimination
The Commonwealth, a State or a
Territory shall not discriminate on the grounds of race, colour or ethnic or
national origin.
Subsection
(1) does not preclude the making of laws or measures for the purpose of
overcoming disadvantage, ameliorating the effects of past discrimination, or
protecting the cultures, languages or heritage of any group;
OPTION
2 – New section 51A with a limited prohibition of discrimination by the
Commonwealth against Aboriginal and Torres Strait Islander peoples
51A
Recognition of Aboriginal and Torres Strait Islander peoples
Recognising that the continent and its islands now known as
Australia were first occupied by Aboriginal and Torres Strait Islander peoples;
Acknowledging the continuing relationship of Aboriginal and Torres
Strait Islander peoples with their traditional lands and waters;
Respecting the continuing cultures, languages and heritage of
Aboriginal and Torres Strait Islander peoples;
(1)
The Parliament shall, subject to
this Constitution, have power to make laws for the peace, order and good
government of the Commonwealth with respect to Aboriginal and Torres Strait
Islander peoples, but not so as to discriminate adversely against them.
(2)
Subsection (1) does not preclude
the making of laws or measures for the purpose of overcoming disadvantage,
ameliorating the effects of past discrimination, or protecting the cultures,
languages or heritage of Aboriginal and Torres Strait Islander peoples.
OPTION
3 – Redraft section 51(xxvi) to allow the Commonwealth Parliament to make laws
with respect to Aboriginal and Torres Strait Islander peoples with the option
of enacting an Act of Recognition
51
Legislative Powers of the Parliament
The Parliament shall, subject
to this Constitution, have power to make laws for the peace, order, and good
government of the Commonwealth with respect to:
(xxvi) Aboriginal and Torres Strait
Islander peoples.
Recommendation 6
1.41
The committee recommends that a referendum to recognise Aboriginal and
Torres Strait Islander peoples in the Constitution take place at or shortly after
the next federal election in 2016.
Recommendation 7
1.43
The committee recommends that the Aboriginal and Torres Strait
Islander Peoples Recognition Act 2013 should be extended to align with the
proposed timing of a referendum.
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