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