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Indigenous Law Bulletin

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Editors --- "Update: Wik Legislation; Hindmarsh; Aboriginal and Torres Strait Islander Researchers Development Programme; New Co - ordinator, Indigenous Law Centre; Aboriginal and Torres Strait Islander Heritage Protection Bill 1998" [1998] IndigLawB 33; (1998) 4(11) Indigenous Law Bulletin 2


Update

Wik Legislation

As predicted, on 9 April the House of Representatives again stubbornly rejected the Senate amendments to the Native Title Amendment Bill, paving the way for a double dissolution election. The Senate had: removed the sunset clause; retained some application of the Racial Discrimination Act to the Native Title Act; retained the right to negotiate on pastoral leases; and retained a threshold test allowing traditional connection to land, without the threatened mandatory physical connection test.

However, if the Coalition wins a double dissolution election, it will be likely to pass its legislation at a joint sitting of both Houses of Parliament. Stay tuned for developments.

Hindmarsh

The Kartinyeri challenge in the High Court over the building of the Hindmarsh bridge went down 5:1. In a nutshell: Brennan CJ and McHugh J decided the case simply on the proposition that the 1984 Heritage Protection Act was within power; the 1997 Act was an amendment; therefore the 1997 Act was within power. Gaudron J ultimately adopted that analysis- So did Gummow and Hayne JJ. Brennan CJ and McHugh J did not say anything about the race power. Gummow and Hayne JJ, in their joint judgment, considered that the race power could possibly be limited where a law is a manifest abuse of power, but not otherwise. Kirby J, and Gaudron J accepted much stronger limits on the race power.

The ILB will publish a detailed casenote.

Aboriginal and Torres Strait Islander Researchers Development Programme

The Australian Research Council provides grants in excess of A$3,000 per year for up to three years for a research project and on-the-project training in research methodology for projects conducted by Aboriginal and Torres strait Islanders. Applications for 1999 funding close 23 June 1998 with the Research Office, UNSW. Contact Pamela O'Hara 9385 1074 or Anne Roczniok 9385 3142.

New Co-ordinator - Indigenous Law Centre

The ILB welcomes Neva Collings who has taken up the position of Co-ordinator at the Centre. Neva was previously a Policy Officer at the Office of the Aboriginal and Torres Strait Islander Social Justice Commissioner at the Human Rights and Equal Opportunity Commission. We look forward to working with Neva in the development of new ideas and projects.

Aboriginal and Torres Strait Islander Heritage Protection Bill 1998

On 2 April 1998, the House of Representatives referred the above Bill to the Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund for consideration and an advisory report by 22nd May 1998. While there is no closing date for submissions, it is advisable to notify the Committee of your interest immediately. Contact: Committee Secretary Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund S1.61 Parliament House, Canberra ACT 2600.


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