High

• The implication is that people will be forced to give up their land.
• The minister for Indigenous Australians, Linda Burney, called it a “another example of the dirty tricks campaign” being waged to sow doubt over the Voice referendum.
• Like the fear-mongering over the Mabo decision, the current alarm over the potential loss of private lands with a Voice to Parliament is unwarranted because this claim is manifestly incorrect.

Would the proposed Voice have powers related to land?

• It seeks to insert one new section into the Constitution, which reads:
  In recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia:

  there shall be a body, to be called the Aboriginal and Torres Strait Islander Voice;
  the Aboriginal and Torres Strait Islander Voice may make representations to the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples;
  the Parliament shall, subject to this Constitution, have power to make laws with respect to matters relating to the Aboriginal and Torres Strait Islander Voice, including its composition, functions, powers and procedures.

• In recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia:
• The Voice is a committee that may provide advice to parliament and government on issues relating to First Nations people.
• The new provision also gives one sole power to the parliament – it would have the capacity to set up the Voice.
• Importantly, the power to establish the Voice would not be given to the government – it would belong to parliament.

How native title works

• Mabo confirmed native title can only be claimed over land where there is no interest in conflict with the exercise of this right.
• Native title will always give way to grants of exclusive land use.
• Following this decision, the law now states that every grant of freehold land (“private” land) extinguishes native title.
• Consequently, even if the constitutional change creating the Voice did (somehow) recognise native title, it is not possible to “convert” freehold land to native title.

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