Senate

Native Title Legislation Amendment Bill 2019

Replacement Revised Explanatory Memorandum

(Circulated by authority of the Attorney-General, the Honourable Christian Porter MP)
This memorandum supersedes the revised explanatory memorandum tabled in the Senate.

UNCHR, General Comment No. 23 (1994) at paragraph 7.

UNESCR, General Comment No. 21 (2009) at paragraph 36.

UNESCR, General Comment No. 21 (2009) at paragraphs 9 and 37.

UNESCR, General Comment No. 21 (2009) at paragraph 37.

ALRC Report, Recommendations 10-1 to 10-9.

ALRC Report, p299.

ALRC Report, p300.

ALRC Report, Recommendation 10-6.

The Parliamentary Joint Committee on Human Rights noted in its report on the Native Title Amendment (Indigenous Land Use Agreement) Act 2017 'are likely to be a reasonable and proportionate limit on the individual right to culture and accordingly may be compatible with the right to culture' (Report 4 of 2017).

ALRC Report, Recommendation 10-5.

ALRC Report, Recommendation 10-9.

ALRC Report, Recommendations 10-7 and 10-8.

UNCHR, General Comment No. 23 (1994) at paragraph 7.

Western Australian Government's submission on the Reforms to the Native Title Act 1993 (Cth) Options Paper, January 2018

Parliamentary Joint Committee on Human Rights comment on Native Title Amendment (Indigenous Land Use Agreements) Bill 2017, paragraph 1.87.

UN Human Rights Committee (HRC), General comment no. 32, Article 14, Right to equality before courts and tribunals and to fair trial, 23 August 2007, CCPR/C/GC/32.

UN Human Rights Committee (HRC), General comment no. 32, Article 14, Right to equality before courts and tribunals and to fair trial, 23 August 2007, CCPR/C/GC/32.

Parliamentary Joint Committee on Human Rights, Guide to human rights, June 2015, p. 23.

UN Human Rights Committee (HRC), General comment no. 32, Article 14, Right to equality before courts and tribunals and to fair trial, 23 August 2007, CCPR/C/GC/32.

French J in Strickland v Native Title Registrar (1999) 168 ALR 242, [57].

See, for example, Anderson on behalf of the Wulli Wulli People v State of Queensland [2011] FCA 1158.

Western Australian Government's submission on the Reforms to the Native Title Act 1993 (Cth) Options Paper, January 2018.


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