Aboriginal and Torres Strait Islanders (Queensland Discriminatory Laws) Act 1975

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Aboriginal and Torres Strait Islanders (Queensland Discriminatory Laws) Act 1975

Act No. 75 of 1975 as amended

This compilation was prepared on 8 July 2008
taking into account amendments up to Act No. 73 of 2008

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

 

 

 

Contents

1 Short title [see Note 1]

2 Commencement [see Note 1]

3 Definitions

4 Act binds Queensland and Australia

5 Management of property

6 Residence etc. on Reserves

7 Conduct on Reserves

8 Entry on premises situated on Reserves

9 Legal proceedings

10 Directions to work

11 Terms and conditions of employment

Notes

 

An Act to make Provision with respect to the Peoples of the Aboriginal race of Australia, and the race to which Torres Strait Islanders belong, for the purpose of preventing Discrimination in certain respects against those Peoples under laws of Queensland.

1  Short title [see Note 1]

  This Act may be cited as the Aboriginal and Torres Strait Islanders (Queensland Discriminatory Laws) Act 1975.

2  Commencement [see Note 1]

  This Act shall come into operation on the day on which it receives the Royal Assent.

3  Definitions

  In this Act, unless the contrary intention appears:

Aboriginal means a person who is a member of the Aboriginal race of Australia.

Islander means a person who is a member of the race to which Torres Strait Islanders belong.

premises means any land, any building and any part of a building.

Reserve means any land that is for the time being a Reserve for the purposes of the Aborigines Act 1971 of Queensland, or of that Act as amended and in force at any relevant time, or any land that is for the time being a Reserve for the purposes of the Torres Strait Islanders Act 1971 of Queensland, or of that Act as amended and in force at any relevant time.

4  Act binds Queensland and Australia

  This Act binds Queensland and Australia.

5  Management of property

 (1) Subject to subsection (2), any property in Queensland of an Aboriginal or Islander shall not be managed by another person without the consent of the Aboriginal or Islander, and any consent given by an Aboriginal or Islander, whether given before or after the commencement of this Act, to the management by another person of his or her property may be withdrawn by the Aboriginal or Islander at any time.

 (2) Subsection (1) does not apply to or in relation to the management of property in accordance with any law of Queensland or Australia that applies generally without regard to the race, colour, or national or ethnic origin of persons.

6  Residence etc. on Reserves

 (1) An Aboriginal or Islander shall not be prevented from entering, residing on, visiting or otherwise being on, and shall not be ejected from, a Reserve by reason that a permit authorizing him or her to reside on, or visit, the Reserve is not in force in respect of him or her under a law of Queensland.

 (2) It shall not be unlawful for an Aboriginal or an Islander to be on a Reserve by reason that he or she is a person in respect of whom a permit authorizing him or her to reside on, or visit, the Reserve, is not in force under a law of Queensland.

 (3) Nothing in subsection (1) or (2) authorizes an Aboriginal or Islander to enter, reside on, visit or otherwise be on, a Reserve in contravention of a direction given to him or her by or on behalf of a Council established under a law of Australia or Queensland in respect of that Reserve.

7  Conduct on Reserves

 (1) An Aboriginal or Islander shall not be ejected from a Reserve, or be penalised in any other way, under any law of Queensland relating to a Reserve by reason only that he or she has conducted himself or herself in a way that is not to the satisfaction of an authority or person established or appointed by, under or for the purposes of a law of Queensland, if his or her conduct was not unreasonable in all the circumstances of the case.

 (2) The burden of proving that the conduct of an Aboriginal or Islander was unreasonable in the circumstances of a particular case lies upon the person who alleges that the conduct was unreasonable.

8  Entry on premises situated on Reserves

  Where premises situated on a Reserve are occupied by an Aboriginal or Islander, a person is not entitled, without the consent of the Aboriginal or Islander, to enter those premises unless, if the Reserve on which the premises are situated were not a Reserve, the entry would not be unlawful.

9  Legal proceedings

 (1) Where, in any court established for a Reserve, proceedings are instituted against an Aboriginal or Islander for an offence, the Aboriginal or Islander is entitled to be represented in those proceedings by a legal practitioner.

 (2) An Aboriginal or Islander shall not be convicted of an offence by a court established for a Reserve unless the Aboriginal or Islander, if convicted of the offence, would have the same right or rights of appeal against, or review of, the conviction as he or she would have if a Magistrates Court established under the law of Queensland had jurisdiction with respect to the offence and he or she were convicted of the offence by the Magistrates Court.

 (3) In this section, court established for a Reserve means any court or other tribunal (whether known as an Aboriginal Court or as an Island Court, or by any other name) established, by or under a law of Queensland, for a Reserve or for a community of Aborigines (that is to say, a community of persons who are descendants of indigenous inhabitants of Australia, other than the Torres Strait Islands) or for a community of Torres Strait Islanders (that is to say, a community of persons who are descendants of indigenous inhabitants of the Torres Strait Islands).

10  Directions to work

 (1) An Aboriginal or Islander who is on, or is a resident of, a Reserve is not required to comply with any direction to perform work on the Reserve unless:

 (a) the direction is given in pursuance of a law of Queensland relating to a Reserve and is necessary for the purpose of ensuring that the Aboriginal or Islander fulfils community obligations that it is reasonable to expect him or her to fulfil;

 (b) he or she is undergoing a sentence of imprisonment in a gaol or lock‑up that is situated on the Reserve and the direction is given in pursuance of a law of Queensland relating to persons undergoing such a sentence; or

 (c) where paragraph (a) or (b) does not apply, it would be unlawful for him or her to refuse or fail to comply with the direction if he or she were not on, or a resident of, the Reserve.

 (2) The burden of proving that a direction to perform work was necessary for the purpose referred to in paragraph (1)(a) lies upon the person who alleges that the direction was so necessary.

11  Terms and conditions of employment

  A person shall not employ an Aboriginal or Islander in Queensland (whether on a Reserve or elsewhere) unless the terms and conditions of employment are not less favourable than they would be required to be if the employee were not an Aboriginal or Islander, and, in particular, the employee shall be entitled to be paid wages at a rate not less than the rate at which wages would be payable to him or her if he or she were not an Aboriginal or an Islander.

Notes to the Aboriginal and Torres Strait Islanders (Queensland Discriminatory Laws) Act 1975

Note 1

The Aboriginal and Torres Strait Islanders (Queensland Discriminatory Laws) Act 1975 as shown in this compilation comprises Act No. 75, 1975 amended as indicated in the Tables below.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Aboriginal and Torres Strait Islanders (Queensland Discriminatory Laws) Act 1975

75, 1975

19 June 1975

19 June 1975

 

Statute Law Revision Act 2008

73, 2008

3 July 2008

Schedule 4 (items 16–30): 4 July 2008

—

Table of Amendments

ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Ss. 5–7.................

am. No. 73, 2008

Ss. 9–11................

am. No. 73, 2008

 

Overview

The Aboriginal and Torres Strait Islanders (Queensland Discriminatory Laws) Act 1975 was enacted by the Australian Parliament to address discriminatory laws against Aboriginal and Torres Strait Islander peoples in Queensland. This legislation was introduced to counter specific legislative provisions in Queensland that subjected Aboriginal and Torres Strait Islander peoples to unequal treatment. The Act binds both Queensland and Australia, ensuring that the rights and protections it provides are enforceable across jurisdictions. Its policy objective is to prevent discrimination against Aboriginal and Torres Strait Islander peoples under Queensland laws, safeguarding their rights to property management, residence, conduct, legal representation, work direction, and fair employment terms. The Act guarantees that Aboriginal and Torres Strait Islander peoples cannot be unfairly evicted from reserves, penalised for conduct deemed reasonable, denied legal representation, forced to work without just cause, or offered less favourable employment terms compared to non-Indigenous peoples.

Scope and Application

The Aboriginal and Torres Strait Islanders (Queensland Discriminatory Laws) Act 1975 is a Commonwealth Act that aims to prevent discrimination against Aboriginal and Torres Strait Islander peoples under Queensland laws. This legislation applies to Aboriginal and Torres Strait Islander peoples within the jurisdiction of Queensland, addressing issues related to property management, residence on reserves, conduct on reserves, entry on premises situated on reserves, legal proceedings, directions to work, and terms and conditions of employment. The Act mandates that the property of Aboriginal and Torres Strait Islander peoples in Queensland cannot be managed by another person without their consent, and it ensures that they cannot be ejected from or prevented from entering, residing on, visiting, or otherwise being on a reserve without a permit under Queensland law. Additionally, the Act guarantees that Aboriginal and Torres Strait Islander peoples cannot be ejected or penalised solely based on their conduct on a reserve if their actions were not unreasonable, and it mandates legal representation for such individuals in court proceedings within reserves. The Act also addresses employment conditions, ensuring that Aboriginal and Torres Strait Islander employees receive no less favourable terms and conditions than non-Indigenous employees. The Act extends to the whole of Australia and binds both Queensland and the Commonwealth, though it primarily targets discriminatory practices within Queensland.

Key Provisions

The Aboriginal and Torres Strait Islanders (Queensland Discriminatory Laws) Act 1975 (referred to as the Act) is designed to address discriminatory laws affecting Aboriginal and Torres Strait Islander people in Queensland. The Act includes several key sections that define its scope and the protections it provides. Section 5 mandates that the property of Aboriginal or Islander persons in Queensland cannot be managed by another person without their consent, and any consent given can be withdrawn at any time. However, this does not apply to laws that apply generally without regard to race or ethnicity (s. 5(2)). Section 6 ensures that Aboriginal and Islander people cannot be prevented from entering, residing on, or visiting a Reserve due to the absence of a permit, and being on a Reserve without such a permit is not unlawful (s. 6(1) and (2)). However, this does not permit contravention of directions given by relevant authorities (s. 6(3)). Section 7 protects Aboriginal and Islander people from ejection or penalisation from a Reserve based solely on conduct that is not unreasonable (s. 7(1)), with the burden of proof on those alleging unreasonable conduct (s. 7(2)). Section 8 restricts entry onto premises on a Reserve without the consent of the Aboriginal or Islander occupant unless entry would not be unlawful if the premises were not on a Reserve (s. 8). Additionally, Section 9 guarantees the right to legal representation in court proceedings for Aboriginal and Islander people, ensuring they have the same appeal rights as if proceedings were held in a Magistrates Court (s. 9(1) and (2)). The Act also limits the obligation to comply with work directions on Reserves, only requiring compliance if the direction is necessary for community obligations or if refusal would be unlawful outside the Reserve context (s. 10(1)). Employment of Aboriginal and Islander people must meet the same terms and conditions as for non-Indigenous employees, including equal pay rates (s. 11). The Act imposes several obligations on both the government and individuals. The Act binds Queensland and Australia, ensuring its provisions apply universally within these jurisdictions (s. 4). It requires that any management of Aboriginal or Islander property must have their consent and that this consent can be withdrawn at any time (s. 5). It also mandates that entry onto Reserves or premises on Reserves must be with the consent of the Aboriginal or Islander occupant unless entry would not be unlawful elsewhere (s. 8). Furthermore, it ensures that Aboriginal and Islander people have the right to legal representation and the same appeal rights as other offenders in certain court proceedings (s. 9). Additionally, the Act places the burden of proof on the party alleging unreasonable conduct by an Aboriginal or Islander on a Reserve (s. 7(2)) and on the party alleging the necessity of a work direction on a Reserve (s. 10(2)). Employers must ensure that terms and conditions of employment for Aboriginal and Islander people are not less favourable than those for non-Indigenous employees (s. 11). The Act includes provisions for penalties and consequences for breaches. While the Act itself does not explicitly state maximum penalties, any contravention of its provisions could lead to legal action under other relevant laws. For example, failing to comply with the Act's provisions could result in civil penalties or legal consequences under other Queensland or Australian laws addressing discrimination, property rights, or employment standards. Additionally, any unlawful entry onto premises or unreasonable ejection from a Reserve could be pursued under relevant property or criminal laws. The Act's focus is on preventing discrimination and ensuring equal treatment, with potential for legal recourse through civil or criminal channels for serious breaches.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.