NSWIn ForceAct
Adoption Act 2000
4Meaning of “Aboriginal” and “Torres Strait Islander”
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#### 4 Meaning of “Aboriginal” and “Torres Strait Islander”
4 Meaning of “Aboriginal” and “Torres Strait Islander”
> > (1) In this Act—
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> > Aboriginal has the same meaning as Aboriginal person has in the [Aboriginal Land Rights Act 1983](/view/html/inforce/current/act-1983-042).
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> > Aboriginal child means a child descended from an Aboriginal and includes a child who is the subject of a determination under subsection (2).
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> > Torres Strait Islander means a person who—
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> > > (a) is descended from a Torres Strait Islander, and
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> > > (b) identifies as a Torres Strait Islander, and
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> > > (c) is accepted as a Torres Strait Islander by a Torres Strait Islander community.
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> > Torres Strait Islander child means a child descended from a Torres Strait Islander and includes a child who is the subject of a determination under subsection (3).
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> > (2) Despite the definition of Aboriginal in subsection (1), the Court may determine that a child is an Aboriginal for the purposes of this Act if the Court is satisfied that the child is of Aboriginal descent.
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> > (3) Despite the definition of Torres Strait Islander in subsection (1), the Court may determine that a child is a Torres Strait Islander for the purposes of this Act if the Court is satisfied that the child is of Torres Strait Islander descent.
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> **s 4:** Am 2001 No 118, Sch 2.1.