Highlights
Internal Code : 1AADGA
TASK Contemporary Legislation (you are expected to research and prepare your answer for the exam without any input from me). Remember to estimate how much time it will take you to write your submission on the exam paper, as you have five other questions to answer during the exam. Under section 223(1) of the Native Title Act 1993 (Cth), Native title is communal, group, or individual rights and interests of Aboriginal peoples or Torres Strait Islanders, in relation to land or waters where: The rights and interests are possessed under the traditional laws acknowledged, and the traditional customs observed, by the Aboriginal peoples or Torres Strait Islanders; and The Aboriginal peoples or Torres Strait Islanders, by those laws and customs, have a connection with the land or waters; and The rights and interests are recognised by the common law of Australia. The onus of proof is on the applicants. In light of Australia's statement of support for the United Nations Declaration on the Rights of Indigenous Peoplesyou have been asked to write a submission to the Australian Law Reform Commission on the effectiveness of section 223(1) in securing and protecting the recognition of native title.
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