APPENDIX K: URBIS ANALYSIS OF SUBMISSIONS RECEIVED Contents

The powerful symbolism of recognising Aboriginal and Torres Strait Islander peoples in the Constitution must be accompanied by substantive changes to the legislative power of the Commonwealth to prohibit discrimination and make laws for the benefit of Aboriginal and Torres Strait Islander peoples… Without these factors constitutional recognition risks being perceived as an empty gesture and fallin. [...] The Law Council is of the view that this has the advantage of avoiding the political difficulties of seeking to insert a new preamble to the Constitution which addressed only the historical experiences and aspirations of Aboriginal and Torres Strait Islander peoples. [...] (2) Subsection (1) does not preclude the making of laws or measures for the purpose of overcoming disadvantage, ameliorating the effects of past discrimination, or protecting the cultures, languages or heritage of any group.” The Referendum Council asked Australians to consider the proposal to insert a guarantee into the Constitution, to prevent the Federal Parliament from discriminating against p. [...] The RANZCP support the removal of section 51(xxvi) … and the insertion of a new clause allowing the Parliament to make laws for the benefit of Aboriginal and Torres Strait Islander peoples. [...] In addition to arguing the importance of recognising Aboriginal and Torres Strait Islander peoples as the First Australians, and for recognising and protecting their unique heritage, cultures and languages, there was also broad support for modernising the Constitution, to enshrine the principles of equality and non-discrimination within the document.