Constitution Alteration (Aboriginals) 1967

Overview

The Constitution Alteration (Aboriginals) Act 1967, enacted by the Queen, the Senate, and the House of Representatives, was designed to address significant constitutional deficiencies concerning Aboriginal Australians. This legislation was introduced to rectify the exclusion of Aboriginal people from various Commonwealth laws and the census count, a discrimination enshrined in the original Constitution. By amending section 51(xxvi) and repealing section 127, the Act aimed to ensure that Aboriginal Australians are included in the population count and that the Commonwealth has the authority to make laws for them, thereby removing specific constitutional barriers that had long marginalised Indigenous Australians. This legislative change was achieved with the approval of the electors, reflecting a national commitment to recognising and rectifying historical injustices against Aboriginal people.

Scope and Application

The Constitution Alteration (Aboriginals) 1967 Act seeks to amend the Australian Constitution by removing specific references to the Aboriginal race in any state, thereby ensuring that Aboriginal people are included in the population count for the purposes of distributing seats in the House of Representatives and the allocation of Commonwealth funds to the states. This Act applies to the entire Commonwealth of Australia, impacting all states and territories. Notably, it removes the exclusion of Aboriginal people from the population count and eliminates the constitutional barrier that allowed the Commonwealth to make special laws for the people of the Aboriginal race. The Act does not specify any exclusions, exemptions, or thresholds, but its application is comprehensive across all jurisdictions within Australia. The Act does not extend or restrict its application through subordinate instruments, as it directly amends the Constitution.

Key Provisions

The Constitution Alteration (Aboriginals) 1967 primarily serves to amend the Australian Constitution in two significant ways. Section 2 of the Act removes certain discriminatory language from section 51(xxvi) of the Constitution, which pertains to the Commonwealth's legislative powers. This alteration effectively removes the limitation that previously prevented the Commonwealth from making special laws for the people of the Aboriginal race in any state (section 51(xxvi)). The third section of the Act repeals section 127 of the Constitution, which previously allowed states to exclude people of the Aboriginal race when determining the population for the purposes of distributing seats in the House of Representatives. The removal of this section means that Aboriginal people are now included in population counts for this purpose. The Act imposes several obligations on the Commonwealth and the states. By removing the exclusion in section 51(xxvi), the Act allows the Commonwealth to enact legislation that specifically addresses the needs and rights of Aboriginal people. This includes the power to create laws that might otherwise have been considered beyond the Commonwealth’s legislative authority. Additionally, with the repeal of section 127, the Act requires states to include Aboriginal people in population counts for the purpose of allocating seats in the House of Representatives. This change ensures that Aboriginal people are fairly represented in federal parliamentary matters. Violations of the provisions within this Act could lead to significant legal consequences. While the Act itself does not specify particular offences or penalties for breaches of its provisions, any actions taken under the new powers granted by the Act could still be subject to existing laws. For instance, if the Commonwealth enacts legislation under the newly granted powers and this legislation is found to be inconsistent with other constitutional or statutory requirements, it could be subject to judicial review and potentially be declared invalid. Similarly, any failure by states to comply with the requirement to include Aboriginal people in population counts could also face legal challenges and be subject to the remedies available under the Constitution or other relevant laws. The maximum penalties would depend on the specific laws that are breached in the process.