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](/view/html/inforce/current/act-1983-042). > > > > 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](/view/html/inforce/current/act-1983-042), 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 \[1\] \[2\].