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This is a Bill, not an Act. For current law, see the Acts databases.
ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES RECOGNITION BILL 2012
2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Aboriginal and Torres Strait Islander
Peoples Recognition Bill 2012
No. , 2012
(Families, Housing, Community Services and Indigenous Affairs / Attorney-General)
A Bill for an Act to provide for the recognition of
Aboriginal and Torres Strait Islander peoples, and
for related purposes
i Aboriginal and Torres Strait Islander Peoples Recognition Bill 2012 No. , 2012
Contents
1 Short
title
...........................................................................................
2
2 Commencement
.................................................................................
2
3 Recognition
........................................................................................
2
4
Review of support for a referendum to amend the
Constitution........................................................................................ 3
5 Sunset
provision
.................................................................................
3
Aboriginal and Torres Strait Islander Peoples Recognition Bill 2012 No. , 2012 1
A Bill for an Act to provide for the recognition of
1
Aboriginal and Torres Strait Islander peoples, and
2
for related purposes
3
Preamble
4
This preamble sets out considerations taken into account by the
5
Parliament of Australia in enacting the law that follows.
6
The Aboriginal and Torres Strait Islander peoples were the first
7
inhabitants of Australia.
8
The Parliament is committed to placing before the Australian
9
people at a referendum a proposal for constitutional recognition of
10
Aboriginal and Torres Strait Islander peoples.
11
Section 1
2 Aboriginal and Torres Strait Islander Peoples Recognition Bill 2012 No. , 2012
The Parliament acknowledges the important work of the Expert
1
Panel on Constitutional Recognition of Aboriginal and Torres
2
Strait Islander peoples and their proposals for constitutional
3
change.
4
The Parliament recognises that further engagement with Aboriginal
5
and Torres Strait Islander peoples and other Australians is required
6
to refine proposals for a referendum and to build the support
7
necessary for successful constitutional change.
8
The Parliament is committed to building the national consensus
9
needed for the recognition of Aboriginal and Torres Strait Islander
10
peoples in our Constitution.
11
The Parliament believes this Act is a significant step in the process
12
towards achieving constitutional change.
13
The Parliament of Australia enacts:
14
1 Short title
15
This Act may be cited as the Aboriginal and Torres Strait Islander
16
Peoples Recognition Act 2012.
17
2 Commencement
18
This Act commences on the day after this Act receives the Royal
19
Assent.
20
3 Recognition
21
(1) The Parliament, on behalf of the people of Australia, recognises
22
that the continent and the islands now known as Australia were
23
first occupied by Aboriginal and Torres Strait Islander peoples.
24
(2) The Parliament, on behalf of the people of Australia, acknowledges
25
the continuing relationship of Aboriginal and Torres Strait Islander
26
peoples with their traditional lands and waters.
27
Section 4
Aboriginal and Torres Strait Islander Peoples Recognition Bill 2012 No. , 2012 3
(3) The Parliament, on behalf of the people of Australia, acknowledges
1
and respects the continuing cultures, languages and heritage of
2
Aboriginal and Torres Strait Islander peoples.
3
4 Review of support for a referendum to amend the Constitution
4
(1) The Minister must cause a review to commence within 12 months
5
after the commencement of this Act.
6
(2) Those undertaking the review must:
7
(a) consider the readiness of the Australian public to support a
8
referendum to amend the Constitution to recognise
9
Aboriginal and Torres Strait Islander peoples; and
10
(b) consider proposals for constitutional change to recognise
11
Aboriginal and Torres Strait Islander people taking into
12
account the work of:
13
(i) the Expert Panel on Constitutional Recognition of
14
Aboriginal and Torres Strait Islander peoples; and
15
(ii) Reconciliation Australia; and
16
(c) identify which of those proposals would be most likely to
17
obtain the support of the Australian people; and
18
(d) consider the levels of support for amending the Constitution
19
to recognise Aboriginal and Torres Strait Islander peoples
20
amongst:
21
(i) Aboriginal and Torres Strait Islander peoples; and
22
(ii) the wider Australian public; and
23
(iii) the Governments of the States and Territories; and
24
(e) give the Minister a written report of the review at least 6
25
months prior to the day this Act ceases to have effect.
26
(3) The Minister must cause a copy of the report of the review to be
27
tabled in each House of the Parliament within 15 sitting days of
28
that House after the day the report is given to the Minister.
29
5 Sunset provision
30
This Act ceases to have effect at the end of 2 years after its
31
commencement.
32
Section 5
4 Aboriginal and Torres Strait Islander Peoples Recognition Bill 2012 No. , 2012
Note:
The 2 year sunset period in this section will provide Parliament and
1
the Australian people with a date by which to consider further the
2
readiness of Australians to approve a referendum to amend the
3
Constitution to recognise Aboriginal and Torres Strait Islander
4
peoples.
5