Editors --- "Constitution (Recognition of Aboriginal People) Act 2004 (Vic) - Digest" [2005] AUIndigLawRpr 10; (2005) 9(1) Australian Indigenous Law Reporter 69

• Constitution (Recognition Of Aboriginal People) Act 2004 (Vic)
• An Act To Amend The Constitution Act 1975 To Give Recognition Within That Act To Victoria’s Aboriginal People And Their Contribution To The State Of Victoria.
• Introduction
• Constitution (Recognition Of Aboriginal People) Act 2004
• 1. Purpose
• 2. Commencement
• 3. New Section 1a Inserted
• 4. Entrenchment Of New Section 1a

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Legislative Developments - Australia

Constitution (Recognition of Aboriginal People) Act 2004 (Vic)

Act No 73/2004

Assented to 9 November 2004

Commenced on 10 November 2004

An Act to amend the Constitution Act 1975 to give recognition within that Act to Victoria’s Aboriginal people and their contribution to the State of Victoria.

Introduction

With the commencement of the Constitution (Recognition of Aboriginal People) Act 2004 (Vic), Victoria became the first Australian state to recognise Indigenous people in its constitution. The Aboriginal and Torres Strait Islander Social Justice Commissioner Tom Calma congratulated the Victorian government and opposition parties, saying that

[t]he amendment to Victoria's constitution can be more than the simple recognition of an historical truth. It can provide an opportunity to learn from the past and ensure that the original custodians continue to play a significant role in contemporary society.^[1]

Victoria’s move may be followed by other states, with the Western Australian government now considering a change to the WA Constitution to recognise Indigenous people as its first inhabitants.

Constitution (Recognition of Aboriginal People) Act 2004

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the Constitution Act 1975 to give recognition within

that Act to Victoria’s Aboriginal people and their contribution to the State of Victoria.

2. Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3. New section 1A inserted

After section 1 of the Constitution Act 1975 insert –

“1A. Recognition of Aboriginal people

(1) The Parliament acknowledges that the events described in the preamble to this Act occurred without proper consultation, recognition or involvement of the Aboriginal people of Victoria.

(2) The Parliament recognises that Victoria's Aboriginal people, as the original custodians of the land on which the Colony of Victoria was established –

(a) have a unique status as the descendants of Australia's first people; and

(b) have a spiritual, social, cultural and economic relationship with their traditional lands and waters within Victoria; and

(c) have made a unique and irreplaceable contribution to the identity and well-being of Victoria.

(3) The Parliament does not intend by this section –

(a) to create in any person any legal right or give rise to any civil cause of action; or

(b) to affect in any way the interpretation of this Act or of any other law in force in Victoria.”.

4. Entrenchment of new section 1A

Before section 18(2)(a) of the Constitution Act 1975 insert –

“(aa) section 1A; or”.

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^[1] Human Rights and Equal Opportunity Commission, ‘Commissioner Welcomes Constitutional Recognition for Historical Truth’ (Press Release, 5 November 2004).