Retrospective criminal laws
(1) A person must not be found guilty of a criminal offence because of conduct that was not a
criminal offence when it was engaged in.
(2) A penalty must not be imposed on any person for a criminal offence that is greater than the
penalty that applied to the offence when it was committed.
(3) If a penalty for an offence is reduced after a person committed the offence but before the
person is sentenced for that offence, that person is eligible for the reduced penalty.
(4) Nothing in this section affects the trial or punishment of any person for any act or omission
which was a criminal offence under international law at the time it was done or omitted to be
done.
Freedom from forced work
(1) A person must not be held in slavery or servitude.
(2) A person must not be made to perform forced or compulsory labour.
(3) For the purposes of subsection (2) forced or compulsory labour does not include—
(a) work or service normally required of a person who is under detention because of a
lawful court order or who, under a lawful court order, has been conditionally released from
detention or ordered to perform work in the community; or
(b) work or service required because of an emergency or calamity threatening the life or
wellbeing of the community; or
(c) work or service that forms part of normal civil obligations.
Slavery includes ‘modern slavery’ defined within the Modern Slavery Act 2018 (Cth) s 4.
Cultural rights
Cultural rights—generally
(1) All persons with a particular cultural, religious, racial or linguistic background must not be
denied the right, in community with other persons of that background, to enjoy their culture, to
declare and practise their religion and to use their language.
Cultural rights — First Nations peoples
(1) First Nations peoples hold distinct cultural rights.
(2) First Nations peoples must not be denied the right, with other members of their community—
(a) to enjoy, maintain, control, protect and develop their identity and cultural heritage,
including their traditional knowledge, distinctive spiritual practices, observances, beliefs
and teachings; and
(b) to enjoy, maintain, control, protect, develop and use their language, including
traditional cultural expressions; and
(c) to enjoy, maintain, control, protect and develop their kinship ties; and
(d) to maintain and strengthen their distinctive spiritual, material and economic
relationship with the land, territories, waters, coastal seas and other resources with which
they have a connection under Aboriginal tradition or Island custom; and
(e) to conserve and protect the environment and productive capacity of their land,
territories, waters, coastal seas and other resources.
(3) First Nations peoples have the right not to be subjected to forced assimilation or destruction
of their culture.
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