...without compensation...
Justice Toohey summarised by saying that:
'if the traditional title of Meriam people may be extinguished without compensation, they do not enjoy a right that is enjoyed by other title holders in Queensland, or at least, they enjoy a right to a more limited extent, A law which purported to achieve such a result would offend s10(1) of the Racial Discrimination Act and in turn be inconsistent with s109 of the Constitution. The Racial Discrimination Act would therefore prevail and the proposed law would be invalid to the extent of any inconsistency.'
'if the traditional title of Meriam people may be extinguished without compensation, they do not enjoy a right that is enjoyed by other title holders in Queensland, or at least, they enjoy a right to a more limited extent, A law which purported to achieve such a result would offend s10(1) of the Racial Discrimination Act and in turn be inconsistent with s109 of the Constitution. The Racial Discrimination Act would therefore prevail and the proposed law would be invalid to the extent of any inconsistency.'
Keywords: extinguishment, Mer, Queensland, Racial Discrimination Act , 1975 , Toohey, Justice , 1992
Mabo and another v. Queensland, (1992) 175 CLR 1 F.C. 92/104. Still: Justice Toohey. Courtesy of High Court of Australia.
Author: Strelein, Lisa
Source: Toohey, Justice
Author: Strelein, Lisa
Source: Toohey, Justice