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THE RECOGNITION OF ABORIGINAL CUSTOMARY LAWS - VOLUME 2

The Law Reform Commission

Report No 31

The Law Reform Commission is established by section 5 of the Law Reform Commission Act 1973 for the purpose of promoting the review, modernisation and simplification of the law. The Chairman and first Members were appointed in 1975. The offices of the Commission are at 99 Elizabeth Street, Sydney, NSW, Australia (Tel 02 231 1733), and Royal Insurance Building London Circuit Canberra City, ACT, Australia (Tel 062 47 2166).

Publications of the Law Reform Commission

Reports

ALRC I Complaints Against Police, 1975

ALRC 2 Criminal Investigation, 1975

ALRC 3 Annual Report 1975

ALRC 4 Alcohol, Drugs and Driving, 1976

ALRC 5 Annual Report 1976

ALRC 6 Insolvency: The Regular Payment of Debts, 1977

ALRC 7 Human Tissue Transplants, 1977

ALRC 8 Annual Report 1977

ALRC 9 Complaints Against Police (Supplementary Report), 1978

ALRC l0 Annual Report 1978

ALRC 11 Unfair Publication' Defamation and Privacy, 1979

ALRC 12 Privacy and the Census, 1979

ALRC 13 Annual Report 1979

ALRC 14 Lands Acquisition and Compensation, 1980

ALRC 15 Sentencing of Federal Offenders, 1980

ALRC 16 Insurance Agents and Brokers, 1980

ALRC 17 Annual Report, 1980

ALRC 18 Child Welfare, 1981

ALRC 19 Annual Report, 1981

ALRC 20 Insurance Contracts, 1982

ALRC 21 Annual Report, 1982

ALRC 22 Privacy, 1983

ALRC 23 Annual Report, 1983

ALRC 24 Foreign State Immunity, 1984

ALRC 25 Annual Report, 1984

ALRC 26 Evidence, 1985

ALRC 27 Standing in Public Interest Litigation, 1985

ALRC 28 Community Law Reform for the Australian Capital Territory: First Report, 1985

ALRC 29 Annual Report, 1985

ALRC 30 Domestic Violence, 1986

Issues Papers

IP I Statutory Brain Death, 1977

IP 2 Insurance Contracts, 1977

IP 3 Evidence, 1980

IP 4 Contempt of Court, 1984

IP 5 Service and Execution of Process, 1984

IP 6 General Insolvency Inquiry

Discussion Papers

DP 1 Defamation - Options for Reform, 1977

DP 2 Privacy and Publication - Proposals for Protection, 1977

DP 3 Defamation and Publication Privacy - a Draft Uniform Bill, 1977

DP 4 Access to the Courts - I Standing: Public Interest Suits, 1978

DP 5 Lands Acquisition Law: Reform Proposals, 1978

DP 6 Debt Recovery and Insolvency, 1978

DP 7 Insurance Contracts, 1978

DP 8 Privacy and the Census, 1979

DP 9 Child Welfare - Children in Trouble, 1979

DP 10 Sentencing: Reform Options, 1979

DP 11 Access to the Courts - II Class Actions, 1979

DP 12 Child Welfare: Child Abuse and Day Care, 1980

DP 13 Privacy and Intrusions, 1980

DP 14 Privacy and Personal Information, 1980

DP 15 Sentencing of Federal Offenders, 1980.

DP 16 Reform of Evidence Law, 1980

DP 17 Aboriginal Customary Law - Recognition 1980

DP 18 Aboriginal Customary Law - Marriage, Children and the Distribution of Property, 1982

DP 19 Foreign State Immunity, 1983

DP 20 Aboriginal Customary Law - The Criminal Law, Evidence and Procedure, 1984

DP 21 Admiralty Jurisdiction, 1984

DP 22 Matrimonial Property Law, 1985

DP 23 Evidence Law Reform Stage 2, 1985

DP 24 Contempt and Family Law, 1985

DP 25 Criminal Records, 1986

DP 26 Contempt and the Media, 1986

DP 27 Contempt: Disruption, Disobedience and Deliberate Interference, 1986

Digest

The Law Reform Digest 1910-1980, 1983

The Law Reform Digest 1981-1985, 1985

Periodicals

Reform (Quarterly)

This Report reflects the law as at 1 December 1985

NOTE

Subsequent Developments

Since December 1985 the following matters of significance have taken place at the federal level. They affect the discussion in the paragraphs indicated.

1. The decision of the Full Federal Court in Attorney-General for the Northern Territory v Maurice & Ors in the matter of the Warumungu Land Claim; Aboriginal Sacred Sites Protection Authority v Maurice & Ors , unreported, Full Federal Court (Bowen C J, Woodward and Toohey J J) 27 March 1986 [para 651,657-61].

2. The announcement by the Hon Clyde Holding, Minister for Aboriginal Affairs that the Government had abandoned its previously announced proposals for national land rights legislation. Parl Debs (H & R) (18 March 1986) 1475 [para 212].

3. Amendments to the Aboriginal and Torres Strait Islander Heritage (Interim Protection) Act 1984 (Cth) to remove the 'sunset clause' in that Act are currently before Parliament. Parl Debs (Sen) (2 May 1986) 2259. [para 77-8, 213, 219, 467-70, 1032].

4. The Protection of Movable Cultural Heritage Act 1986 (Cth) was passed in May 1986. It provides for the control of the export and import of objects of Australia's cultural heritage, including objects relating to Aborigines and Torres Strait Islanders. Parl Debs (H & R) (5 May 1986) 3058. [para 78, 213, 467-70].

5. The Zoning Plans for the Great Barrier Reef Marine Park - Far Northern Section came into effect on 1 February 1986 Government Gazette, $G 25/86, (31 January 1986). [para 949-50, 992-3].

6. New guidelines outlining the Federal Government's prosecution policy were published in January 1986. Prosecution Policy of the Commonwealth, AGPS, Canberra 1986. [para 472].

May 1986



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