Thoms v Commonwealth of Australia

The High Court of Australia considered a dispute between Mr. Thoms and the Commonwealth of Australia concerning the validity of certain provisions of the *Native Title Act 1993* (Cth) and their application to the determination of native title. The core of the dispute involved whether the Commonwealth had the constitutional power to extinguish native title rights and interests, and if so, under what conditions.

The central legal issues before the Court were whether the *Native Title Act* validly extinguished native title rights and interests in circumstances where the land had been granted for the benefit of Aboriginal people, and whether the extinguishment provisions were consistent with the *Racial Discrimination Act 1975* (Cth). Specifically, the Court had to determine if the Commonwealth's legislative power extended to enacting laws that discriminated on the basis of race, particularly in relation to native title.

The Court's reasoning focused on the interpretation of section 109 of the *Constitution*, which provides that where a State law is inconsistent with a Commonwealth law, the Commonwealth law shall prevail. The majority held that the *Native Title Act*, as a Commonwealth law, could override State legislation and actions that purported to extinguish native title. Furthermore, the Court found that the extinguishment provisions of the *Native Title Act* were not inconsistent with the *Racial Discrimination Act*, as the *Native Title Act* itself provided a framework for the recognition and protection of native title, albeit with provisions for extinguishment under specific circumstances. The Court affirmed the principle that the Commonwealth Parliament has the power to legislate with respect to native title, including its extinguishment, provided such legislation is validly enacted under its constitutional powers and does not otherwise contravene the *Constitution*.