Letter from Jilau Parker Challenge the validity of the Northern Territory Aboriginal Land Rights Act 1976 to Daryl Williams AM QC MP dated 12 November 1993
Tabled Paper 1944
Tabled Papers for 6th Assembly 1990 - 1994; Tabled Papers; ParliamentNT
Tabled by Denis Collins
Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.
Mtpv. 12.1993 12:01 PM |>V lUN'l*From : 066 8320734 CLERK; The Commonwealth claims powers to pass laws ai'scriminatinq between Australian citizens on the grounds of race from its interpretation of the 1967 amendment to s.51 (xxvi) of the Constitution. The validity of s.SKxxvi) has previously been tested in terms of whether actions are in accordance with the wording of s.51(nxvi). The Bill to amend section 51.(xxvi) was introduced after a lengthy campaign by the people to stop discrimination between Australian citizens on the grounds of race. It was not sort hy the people to provide the Commonmwealth with power to start discrimination between Australians citizens on the grounds of race. Such discrimination our fellow Australians rightly find repugnant. The Commonwealth claims the power to discriminate between Australian citizens on the grounds of race from its interpretation of s.Si (xxvi) of the Constitution. I and many Australians interpret that amendment differently. To the best Df my family's research the validity of Commonwealth's claim of power to discriminate between Australian citizens on the grounds of race has not been tested in terms of its source section s!2B of the Constitution. Section 128 ,1s the section of the Constitution allows for an amendment to the Constitution. The source of power for an amendment made to s.Sl(HHvi) is s.128 of the Constitution. As an amendment to the Constitution, requiring approval of the people, that amendment, is legislation of the people, not the Parliament.
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