How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44191
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
12124641
Type Your Australia Law Question Here...
Leon is online now
A new question is answered every 9 seconds

Since Aboriginal people are not part of the Constitution,

Customer Question

Since Aboriginal people are not part of the Constitution, then they are not part of the British Subject.
If this is correct, would this mean Aboriginal people can trade sandalwood?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon,

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

They may not be part of the constitution etc but if the trade of sandalwood is prohibited under the law they cannot trade.

Noone can trade if it is prohibited.

Many foreign nationals living here are not covered in the Constitution and are not british subjects and they too are governed by the laws of Australia.

A races recognition in the Constitution has no bearing on whether they have to abide by the law.

All peoples living in Australia, citizens, foreign residents, et have to copmply with the law.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 1 year ago.
Thanks for your response. However, this situation seems like Mabo's case. He fought the Govt until Native Title was recognise. Aboriginal people did not exist according to Britist Colonisation, Terra Nullius. This is a perfect example of the Govt not recognising Aboriginal rights.
Expert:  Leon replied 1 year ago.

Good Morning,

He showed he was the owner of the land. What he did was to have himself acknowledged as the true owner of the land. Not to be able to do an activity that the law said was illegal.

There was no law that said in MABO that it was illegal for Aboriginals to be recognised as owners.

He had the law acknowledge that the aboriginals were the original and first owners of the land. It did not permit them to do something that had been declared illegal for all residents of Australia.

I hope this is clearer. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon