the technical capacity of indigenous people to ensure their effective participation in decision-making processes. In particular, please provide information on measures taken to improve indigenous participation in decision-making relating to traditional sites and objects, including the management of their lands in the allocation of land for mining and for nuclear waste disposal. 24. Please respond to concerns expressed by, among others, the Australian Human Rights Commission, that the Stronger Futures in the Northern Territory Act 2012 was adopted without adequate consultation with the affected communities, and that it continues or strengthens restrictive features of the former Northern Territory Emergency Response that are discriminatory on their face or in effect, and that cannot be justified as temporary special measures. Please provide updated and disaggregated information on the implementation of these special restrictions in the Northern Territory. 25. In the light of the Committee’s concluding observations (CCPR/C/AUS/CO/5, paras. 15 and 16) please provide information on the steps taken to review and reform, in consultation with Aboriginal and Torres Strait Islander peoples, the Native Title Act 1993 (Cth), particularly concerning provisions establishing the high standard of proof required to demonstrate ongoing connection with the land. Please also provide updated information on measures taken to ensure that adequate reparation is provided to victims of the stolen generations or stolen wages policies. Appendix B: Further Information addressing The Committee’s concluding observations in CCPR/C/AUS/CO/5 (p. 3, paragraph 11) Definition of terrorist act The terrorist offences are on the concept of a act’. This term is defined in section 100.1 ‘terrorist of the Criminal Code. Australia notes the Committee’s previous concluding observations that the definition is Australia considers that the definition is appropriately limited to conduct that is “vague”. indisputably terrorism. Australia considers that the definition appropriately targets the distinguishing characteristics of terrorism, namely, the combination of intention, motivation, and means. In addition, the definition expressly excludes non-violent advocacy. These requirements must effectively be proven as elements of the terrorist offence and, as such, they attract the criminal standard of proof. They operate cumulatively with the various fault elements applicable to the terrorist offences in Part
the technical capacity of indigenous people to ensure their effective participation in decision-making processes. In particular, please provide information on measures taken to improve indigenous participation in decision-making relating to traditional sites and objects, including the management of their lands in the allocation of land for mining and for nuclear waste disposal. 24. Please respond to concerns expressed by, among others, the Australian Human Rights Commission, that the Stronger Futures in the Northern Territory Act 2012 was adopted without adequate consultation with the affected communities, and that it continues or strengthens restrictive features of the former Northern Territory Emergency Response that are discriminatory on their face or in effect, and that cannot be justified as temporary special measures. Please provide updated and disaggregated information on the implementation of these special restrictions in the Northern Territory. 25. In the light of the Committee’s concluding observations (CCPR/C/AUS/CO/5, paras. 15 and 16) please provide information on the steps taken to review and reform, in consultation with Aboriginal and Torres Strait Islander peoples, the Native Title Act 1993 (Cth), particularly concerning provisions establishing the high standard of proof required to demonstrate ongoing connection with the land. Please also provide updated information on measures taken to ensure that adequate reparation is provided to victims of the stolen generations or stolen wages policies. Appendix B: Further Information addressing The Committee’s concluding observations in CCPR/C/AUS/CO/5 (p. 3, paragraph 11) Definition of terrorist act The terrorist offences are on the concept of a ‘terrorist act’. This term is defined in section 100.1 of the Criminal Code. Australia notes the Committee’s previous concluding observations that the definition is “vague”. Australia considers that the definition is appropriately limited to conduct that is indisputably terrorism. Australia considers that the definition appropriately targets the distinguishing characteristics of terrorism, namely, the combination of intention, motivation, and means. In addition, the definition expressly excludes non-violent advocacy. These requirements must effectively be proven as elements of the terrorist offence and, as such, they attract the criminal standard of proof. They operate cumulatively with the various fault elements applicable to the terrorist offences in Part
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