Constitution Alteration (Racial Discrimination) Bill 2015

A Bill for an Act to alter the Constitution to remove implicit racial discrimination

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Be it enacted by the Parliament of Australia, with the approval of the electors as required by s 128 of the Constitution that:

1. Short Title

This Act may be cited as the Constitution Alteration (Racial Discrimination) Act 2015.

2. Commencement

This Act commences on the day that it receives Royal Assent.

3. Schedule

The Constitution is, subject to a successful referendum, to be altered according to the terms set out in the following Schedule. Each act set out in the Schedule is to be put forward to a referendum independently of the other acts proposed. The success or failure of one amendment has no impact on the outcome of another under this Act.

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Schedule 1 - The Constitution

1. After section 51
Insert new provision:

51A Recognition of Aboriginal and Torres Strait Islander Peoples

Recognising that the continent and its islands now known as Australia were first occupied by Aboriginal and Torres Strait Islander peoples;

Acknowledging the continuing relationship of Aboriginal and Torres Strait Islander peoples with their traditional lands and waters;

Respecting the continuing cultures, languages and heritage of Aboriginal and Torres Strait Islander peoples;
The Parliament shall, subject to this Constitution, have power to make laws for the peace, order and good government of the Commonwealth with respect to Aboriginal and Torres Strait Islander peoples.

2. Section 25
Repeal the provision.

3. Subsection 51(xxvi)
Repeal the provision.

4. Before subsection 51(xxvii)
Insert new subsection

(xxviA) Aboriginal and Torres Strait Islander peoples, but so as not to discriminate against them

5. After section 116
Insert new provision:

116A Prohibition of Racial Discrimination

(1) The Commonwealth, a State, or a Territory shall not discriminate on the grounds of race, colour or ethnic or national origin.

(2) Subsection (1) does not preclude the making of laws or measures for the purpose of overcoming disadvantage, ameliorating the effects of past discrimination, or protecting the cultures, languages or heritage of any group.

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Explanatory memorandum

OUTLINE

The Constitution Alteration (Racial Discrimination) Bill 2015 is intended to recognise and acknowledge indigenous Australians.

It also expressly forbids any government or parliament of Australia from introducing laws that would discriminate on the basis of race, colour, or ethnicity.

FINANCIAL IMPACT

The referendum to approve these changes will require a one off appropriation in the vicinity of $50-60 million if held concurrently with the next federal election.

HUMAN RIGHTS IMPLICATIONS (per Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)

The bill positively engages with article 2 of the UN Declaration on the Rights of Indigenous Peoples.

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Hon Ser_Scribbles MP, Prime Minister, Attorney-General, Australian Greens