-- Main.ChrisKenward - 24 May 2018

This sort of legal sophistry was eventually replaced by a much more workable statutory enactment, s125 of the Crimes Act 1900.

The primary pieces of legislation regarding Aboriginal rights to land are the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (ALRA), and the Native Title Act 1993 (Cth) (NTA).

Traditional rights of access, hunting and fishing (for non-commercial purposes) are recognised in relation to pastoral leases under the Pastoral Land Act (NT), and in relation to the sea and rivers under the Fisheries Act (NT)

The ALRA resulted from Australia's first native title case, the 1971 Gove Land Rights Case, which challenged a bauxite mine and refinery in north-east Arnhem Land (Milirrpum v Nabalco Pty Ltd [1972-73] ALR 65; (1971) 17 FLR 141). In that case, the NT Supreme Court rejected a claim for native title on the basis that it had never formed part of Australian common law but otherwise made findings including that the Yolngu clans laws and customs were recognisable as a system of law, being a 'subtle and elaborate system' which constituted 'a government of laws, and not of men'.

The 1992 Mabo decision (Mabo v Queensland (No. 2) [1992] HCA 23; (1992) 175 CLR 1) which overruled Milirrpum and held that the common law recognises native title.

(s 356 of the Children and Young People Act 2008 (ACT) or (section 356 of the Children and Young People Act 2008 (ACT)

the Road Safety Act 1986 (Vic)

the Police Offences Act 1935 (Tas)

the Road Traffic Act 1961 (SA)

the Land Title Act (NT)

the Conveyancing Act 1919 (NSW)

the Strata Titles Act 1985 (WA)

s128(3) Criminal Investigation Act 2006 (WA)

( s128(3) Criminal Investigation Act 2006 (WA) )

( s138(2) Criminal Investigation Act 2006 (WA) )

The police can make an arrest if they reasonably suspect that an offence has been committed, is being committed or is about to be committed ( s128(3) Criminal Investigation Act 2006 (WA) ).

Legal Aid ACT

For more information, see:

• section 2A and 33(1AA) and 33(1AB) of the Administrative Appeals Tribunal Act 1975 (Cth); and
• sections 4 and 12, and Appendix B, of the Legal Services Directions 2017 (Cth).