Spencer v Commonwealth of Australia

The High Court of Australia heard an appeal in *Spencer v Commonwealth of Australia*. The dispute concerned the constitutional validity of certain provisions of the *Native Title Act 1993* (Cth) and their application to the extinguishment of native title rights. The appellant, Mr. Spencer, claimed native title over an area of land in Western Australia, which had been subject to various grants and leases by the Commonwealth.

The central legal issue before the High Court was whether the amendments to the *Native Title Act 1993* (Cth) made by the *Native Title Amendment Act 1998* (Cth) validly extinguished native title rights in relation to the land in question. Specifically, the Court had to consider whether the amendments were consistent with the *Racial Discrimination Act 1975* (Cth) and, if not, whether they were nevertheless constitutionally valid under s 51(xxvi) of the *Constitution*.

The High Court held that the amendments to the *Native Title Act 1993* (Cth) were valid. The Court reasoned that the amendments, by providing for the extinguishment of native title in certain circumstances, did not discriminate on the ground of race in a manner prohibited by s 10 of the *Racial Discrimination Act 1975* (Cth). Furthermore, the Court found that the amendments were a valid exercise of the Commonwealth's legislative power under s 51(xxvi) of the *Constitution*, which permits the Parliament to make laws with respect to the people of any race, for whom it is deemed necessary to make special laws. The Court distinguished the present case from *Mabo v Queensland (No 2)* and *Wik Peoples v Queensland*, noting that the amendments were designed to provide a framework for the recognition and protection of native title, while also allowing for the extinguishment of such title in accordance with the Constitution.

The appeal was dismissed.