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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2022
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
United Nations Declaration on the Rights
of Indigenous Peoples Bill 2022
No. , 2022
(Senator Thorpe)
A Bill for an Act relating to the United Nations
Declaration on the Rights of Indigenous Peoples,
and for related purposes
No. , 2022
United Nations Declaration on the Rights of Indigenous Peoples Bill
2022
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Schedules ........................................................................................... 2
4
Objects of this Act ............................................................................. 2
5
Simplified outline of this Act ............................................................ 3
6
Interpretation ..................................................................................... 3
Part 2--Measures for consistency of laws and achieving the
objectives of the Declaration
4
7
Consistency ....................................................................................... 4
8
Action plan ........................................................................................ 4
Part 3--Report to Parliament
6
9
Annual report ..................................................................................... 6
10
Review of annual report .................................................................... 7
Schedule 1--Consequential amendments
8
Productivity Commission Act 1998
8
No. , 2022
United Nations Declaration on the Rights of Indigenous Peoples Bill
2022
1
A Bill for an Act relating to the United Nations
1
Declaration on the Rights of Indigenous Peoples,
2
and for related purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act is the
United Nations Declaration on the Rights of
8
Indigenous Peoples Act 2022
.
9
Part 1
Preliminary
Section 2
2
United Nations Declaration on the Rights of Indigenous Peoples Bill
2022
No. , 2022
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Schedules
13
Legislation that is specified in a Schedule to this Act is amended or
14
repealed as set out in the applicable items in the Schedule
15
concerned, and any other item in a Schedule to this Act has effect
16
according to its terms.
17
4 Objects of this Act
18
The object of this Act is to ensure that Indigenous people have the
19
right to the full enjoyment of collective and individual human
20
rights.
21
Preliminary
Part 1
Section 5
No. , 2022
United Nations Declaration on the Rights of Indigenous Peoples Bill
2022
3
5 Simplified outline of this Act
1
This Act provides a framework for the implementation of the
2
United Nations Declaration on the Rights of Indigenous Peoples by
3
the Commonwealth Government.
4
The Commonwealth Government must:
5
(a)
take measures to ensure consistency between
6
Commonwealth laws and the Declaration; and
7
(b)
prepare and implement an action plan to achieve the
8
objectives of the Declaration.
9
The Prime Minister must, each financial year, present a report to
10
each House of the Parliament on the progress of those actions.
11
6 Interpretation
12
Definitions
13
(1) In this Act:
14
Declaration
means the Declaration on the Rights of Indigenous
15
Peoples, adopted by the General Assembly of the United Nations
16
as General Assembly Resolution 61/295 on 13 September 2007.
17
Note:
The text of United Nations General Assembly resolutions could in
18
2022 be accessed through the United Nations' website
19
(https://www.un.org).
20
Department
means the Department of the Prime Minister and
21
Cabinet.
22
Rights of Indigenous peoples
23
(2) This Act is to be construed as upholding, and not as derogating
24
from or abrogating, the rights of Indigenous peoples under
25
Commonwealth, State and Territory laws.
26
Part 2
Measures for consistency of laws and achieving the objectives of the
Declaration
Section 7
4
United Nations Declaration on the Rights of Indigenous Peoples Bill
2022
No. , 2022
Clarification
1
(3) Nothing in this Act is to be construed as delaying the application of
2
the Declaration in Commonwealth law.
3
Part 2--Measures for consistency of laws and
4
achieving the objectives of the Declaration
5
6
7 Consistency
7
The Commonwealth Government must, in consultation and
8
cooperation with Indigenous peoples, take all measures necessary
9
to ensure that the laws of the Commonwealth are consistent with
10
the Declaration.
11
8 Action plan
12
(1) The Prime Minister must prepare and implement an action plan to
13
achieve the objectives of the Declaration.
14
(2) The action plan must be prepared and implemented:
15
(a) in consultation and cooperation with the Australian Human
16
Rights Commission; and
17
(b) with the leadership of, and in consultation and cooperation
18
with, Indigenous peoples; and
19
(c) with the free, prior and informed consent of Indigenous
20
peoples.
21
(3) For the purposes of paragraph (2)(c), in determining whether the
22
action plan has been prepared and implemented with the free, prior
23
and informed consent of Indigenous peoples, regard must be had to
24
the matters set out in Appendix 4 to the document published by the
25
Australian Human Rights Commission titled "Social Justice Report
26
2010".
27
Note:
The document could in 2022 be viewed on the Australian Human
28
Rights Commission's website (https://www.humanrights.gov.au).
29
Measures for consistency of laws and achieving the objectives of the Declaration
Part 2
Section 8
No. , 2022
United Nations Declaration on the Rights of Indigenous Peoples Bill
2022
5
Content of action plan
1
(4) The action plan must include:
2
(a) measures to:
3
(i) address injustices, combat prejudice and eliminate all
4
forms of violence, racism and discrimination, including
5
systemic racism and discrimination, against Indigenous
6
peoples; and
7
(ii) promote mutual respect and understanding as well as
8
good relations, including through human rights
9
education; and
10
(b) measures related to monitoring, oversight, recourse or
11
remedy or other accountability measures with respect to the
12
implementation of the Declaration; and
13
(c) measures related to monitoring the implementation of the
14
plan and reviewing and amending the plan.
15
Timing
16
(5) The action plan must be completed as soon as practicable, and in
17
any case no later than 2 years, after the commencement of this Act.
18
Tabling and publication
19
(6) The Prime Minister must table the action plan in each House of the
20
Parliament as soon as practicable after the plan is completed.
21
(7) The Prime Minister must:
22
(a) cause a copy of the action plan to be published on:
23
(i) the Department's website; and
24
(ii) the Australian Human Rights Commission's website;
25
and
26
(iii) the National Indigenous Australians Agency's website;
27
and
28
(b) give a copy of the action plan to:
29
(i) Diplomacy Training Program Limited; and
30
(ii) the Indigenous Peoples' Organisation-Australia.
31
Part 3
Report to Parliament
Section 9
6
United Nations Declaration on the Rights of Indigenous Peoples Bill
2022
No. , 2022
Part 3--Report to Parliament
1
2
9 Annual report
3
(1) The Prime Minister must prepare an annual report for each
4
financial year about:
5
(a) the measures taken under section 7 during the financial year;
6
and
7
(b) the preparation and implementation of the action plan
8
mentioned in section 8 during the financial year.
9
(2) The annual report must be prepared:
10
(a) in consultation and cooperation with the Australian Human
11
Rights Commission; and
12
(b) with the leadership of, and in consultation and cooperation
13
with, Indigenous peoples.
14
(3) The annual report must be completed within 90 days after the end
15
of the financial year.
16
(4) The Prime Minister must table a copy of the annual report in each
17
House of the Parliament within 15 sitting days of that House after
18
the annual report is completed.
19
(5) The Prime Minister must:
20
(a) cause a copy of the annual report to be published on:
21
(i) the Department's website; and
22
(ii) the Australian Human Rights Commission's website;
23
and
24
(iii) the National Indigenous Australians Agency's website;
25
and
26
(b) give a copy of the annual report to:
27
(i) Diplomacy Training Program Limited; and
28
(ii) the Indigenous Peoples' Organisation-Australia.
29
Report to Parliament
Part 3
Section 10
No. , 2022
United Nations Declaration on the Rights of Indigenous Peoples Bill
2022
7
10 Review of annual report
1
(1) This section applies in relation to an annual report prepared under
2
section 9.
3
Review by Australian Human Rights Commission
4
(2) The Australian Human Rights Commission must, within 90 days
5
after the annual report is tabled in accordance with subsection 9(4):
6
(a) undertake a review of the annual report; and
7
(b) give the Prime Minister a written report (the
AHRC report
)
8
of the review; and
9
(c) publish the AHRC report on its website.
10
(3) The Prime Minister must table a copy of the AHRC report in each
11
House of the Parliament within 15 sitting days of that House after
12
receiving the AHRC report.
13
Review by Productivity Commission
14
(4) The Productivity Commission must, within 90 days after the
15
annual report is tabled in accordance with subsection 9(4):
16
(a) undertake a review of the annual report; and
17
(b) give the Prime Minister a written report (the
PC report
) of
18
the review; and
19
(c) publish the PC report on its website.
20
(5) The Prime Minister must table a copy of the PC report in each
21
House of the Parliament within 15 sitting days of that House after
22
receiving the PC report.
23
24
Schedule 1
Consequential amendments
8
United Nations Declaration on the Rights of Indigenous Peoples Bill
2022
No. , 2022
Schedule 1--Consequential amendments
1
2
Productivity Commission Act 1998
3
1 Paragraph 6(1)(g)
4
After "this Act", insert "or another Act".
5