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This is a Bill, not an Act. For current law, see the Acts databases.


HUMAN RIGHTS AMENDMENT BILL 2015

2015

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Human Rights Amendment Bill 2015

A Bill for

An Act to amend the Human Rights Act 2004









The Legislative Assembly for the Australian Capital Territory enacts as follows:

1 Name of Act

This Act is the Human Rights Amendment Act 2015

.

2 Commencement

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act

, s 75 (1)).

3 Legislation amended

This Act amends the Human Rights Act 2004

.

4 Preamble

Clause 7

omit

Indigenous people

substitute

Aboriginal and Torres Strait Islander peoples

5 Protection of the family and children

Section 11 (2), new note

after the examples, insert

Note 1 A child also has the other human rights set out in this Act.

6 Section 27 heading

substitute

27 Cultural and other rights of Aboriginal and Torres Strait Islander peoples and other minorities

7 New section 27 (2)

insert

(2) Aboriginal and Torres Strait Islander peoples hold distinct cultural rights and must not be denied the right—

(a) to maintain, control, protect and develop their—

(i) cultural heritage and distinctive spiritual practices, observances, beliefs and teachings; and

(ii) languages and knowledge; and

(iii) kinship ties; and

(b) to have their material and economic relationships with the land and waters and other resources with which they have a connection under traditional laws and customs recognised and valued.

Note The primary source of the rights in s (2) is the United Nations Declaration on the Rights of Indigenous Peoples, art 25 and art 31.

8 Public authorities must act consistently with human rights

Section 40B (3), definition of human rights

omit

9 ICCPR source of human rights

Schedule 1, item 30

substitute

30
27 (1)
rights of minorities
27
31
27 (2)
cultural rights of Aboriginal and Torres Strait Islander peoples


Note The primary source of the rights in s 27 (2) is the United Nations Declaration on the Rights of Indigenous Peoples, art 25 and art 31.

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 26 March 2015.

2 Notification

Notified under the Legislation Act

on 2015.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au

.









































© Australian Capital Territory 2015

 


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