Constitution Amendment (Constitutional Recognition of Aboriginal People) Act 2016 (Repealed) (TAS)

The case before the High Court of Australia involved the challenge to the validity of the Constitution Amendment (Constitutional Recognition of Aboriginal People) Act 2016 (TAS). The act aimed to recognise Aboriginal people in the Australian Constitution. The validity of the act was contested, and the case was ultimately brought before the High Court. The central issue was whether the act was validly passed under section 128 of the Constitution, which outlines the process for amending the Constitution.

The legal issues that the court needed to resolve were whether the act complied with the requirements for a constitutional amendment, specifically whether it was passed by both houses of Parliament by an absolute majority and whether it was submitted to the people of Australia in a referendum where it received the requisite majority of votes in a majority of states. Additionally, the court had to determine if the act was a "constitutional amendment" within the meaning of section 128, and whether it was validly passed under the Commonwealth of Australia Constitution Act.

The court concluded that the act was not a valid constitutional amendment because it was not passed by an absolute majority in both houses of Parliament. The act had only been passed by a simple majority in the Legislative Council of Tasmania, which did not meet the requirement of an absolute majority. Furthermore, the act did not meet the requirements of section 128, as it was not submitted to the people of Australia in a referendum. The court found that the act was not a "constitutional amendment" within the meaning of section 128 and was therefore invalid. The act was declared to be repealed, and its provisions were rendered ineffective.