Untitled document

Constitution (Recognition of Aboriginal People) Act 2004

Act No. 73/2004

table of provisions

Section  Page

1.Purpose

2.Commencement

3.New section 1A inserted

1A.Recognition of Aboriginal people

4.Entrenchment of new section 1A

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Endnotes

Constitution (Recognition of Aboriginal People) Act 2004

[Assented to 9 November 2004]

The Parliament of Victoria enacts as follows:

1.Purpose

The purpose of this Act is to amend the Constitution Act 1975 to give recognition within that Act to Victoria's Aboriginal people and their contribution to the State of Victoria.

2.Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3.New section 1A inserted

After section 1 of the Constitution Act 1975 insert—

"1A.Recognition of Aboriginal people

(1)The Parliament acknowledges that the events described in the preamble to this Act occurred without proper consultation, recognition or involvement of the Aboriginal people of Victoria.

(2)The Parliament recognises that Victoria's Aboriginal people, as the original custodians of the land on which the Colony of Victoria was established—

(a)have a unique status as the descendants of Australia's first people; and

(b)have a spiritual, social, cultural and economic relationship with their traditional lands and waters within Victoria; and

(c)have made a unique and irreplaceable contribution to the identity and well-being of Victoria.

(3)The Parliament does not intend by this section—

(a)to create in any person any legal right or give rise to any civil cause of action; or

(b)to affect in any way the interpretation of this Act or of any other law in force in Victoria.".

4.Entrenchment of new section 1A

Before section 18(2)(a) of the Constitution Act 1975 insert—

"(aa)section 1A; or".

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Endnotes

Minister's second reading speech—

Legislative Assembly: 26 August 2004

Legislative Council: 13 October 2004

The long title for the Bill for this Act was "to amend the Constitution Act 1975 to give recognition within that Act to Victoria's Aboriginal people and their contribution to the State of Victoria."

Constitution Act 1975:

Special majorities:

Legislative Assembly: 7 October 2004

Legislative Council: 4 November 2004