Sentences with phrase «discriminatory territory laws»
6 The twofold effect of the RDA on discriminatory State law also applies to discriminatory Territory laws.
https://www.humanrights.gov.au/ Not exact matches
The role of the inconsistency test in determining whether State and Territory laws which authorise dealings in land have a discriminatory impact on native titleholders is illustrated in Miriuwung Gajerrong.
Yet it is within the power of the Federal Government, through its legislative arm, to limit or redress the discriminatory impact of these State and Territory laws through the NTA.
Similar mechanisms to those in the NTA which give State and Territory laws full effect can also proscribe discriminatory State and Territory laws that operate by their own force to either extinguish or impair the enjoyment of native title.
Miriuwung Gajerrong reiterates the principles which guide the High Court's interpretation of whether laws of the Commonwealth, State or Territory are discriminatory under the RDA, particularly as they apply to legislation which authorises dealings with land.
The discriminatory impact of mandatory sentencing laws in the Northern Territory and Western Australia on Indigenous people (para 16); and