5Meaning of “Aboriginal” and “Torres Strait Islander”

5 Meaning of “Aboriginal” and “Torres Strait Islander”

5 Meaning of “Aboriginal” and “Torres Strait Islander”

(1) In this Act—

Aboriginal has the same meaning as Aboriginal person has in the Aboriginal Land Rights Act 1983.

Aboriginal child or young person means a child or young person descended from an Aboriginal and includes a child or young person who is the subject of a determination under subsection (2).

Torres Strait Islander means a person who—

(a) is descended from a Torres Strait Islander, and

(b) identifies as a Torres Strait Islander, and

(c) is accepted as a Torres Strait Islander by a Torres Strait Islander community.

Torres Strait Islander child or young person means a child or young person descended from a Torres Strait Islander and includes a child or young person who is the subject of a determination under subsection (3).

(2) Despite the definition of Aboriginal person in the Aboriginal Land Rights Act 1983, the Children’s Court may determine that a child or young person is an Aboriginal for the purposes of this Act if the Children’s Court is satisfied that the child or young person is of Aboriginal descent.

(3) Despite the definition of Torres Strait Islander in subsection (1), the Children’s Court may determine that a child or young person is a Torres Strait Islander for the purposes of this Act if the Children’s Court is satisfied that the child or young person is of Torres Strait Islander descent.

s 5: Subst 2000 No 76, Sch 2 [3]. Am 2001 No 118, Sch 2.2 [1] [2].