Constitution (Recognition of Aboriginal People) Act 2004
Victorian Legislation and Parliamentary Documents
i
Constitution (Recognition of Aboriginal People) Act
2004
Act No. 73/2004
TABLE OF PROVISIONS
Section Page
1. Purpose 1
2. Commencement 1
3. New section 1A inserted 2
1A. Recognition of Aboriginal people 2
4. Entrenchment of new section 1A 3
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ENDNOTES 4
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Victorian Legislation and Parliamentary Documents
1
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.
Victoria
No. 73 of 2004
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Victorian Legislation and Parliamentary Documents
Act No. 73/2004
Constitution (Recognition of Aboriginal People) Act 2004
2
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.".
s. 3
See:
Act No.
8750.
Reprint No. 16
as at
8 April 2003
and
amending
Act Nos
2/2003,
37/2003,
39/2003,
66/2003,
110/2003,
38/2004 and
39/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
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Victorian Legislation and Parliamentary Documents
Act No. 73/2004
Constitution (Recognition of Aboriginal People) Act 2004
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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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s. 4
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Victorian Legislation and Parliamentary Documents
Act No. 73/2004
Constitution (Recognition of Aboriginal People) Act 2004
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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
Endnotes
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