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Section 10(1) of the Act provides that Commonwealth or State laws which deprive a person of one race or ethnic group of a right enjoyed by another group, then that law does not have effect. An important question was whether laws which have the effect of removing or limiting rights which are held only by a certain group falls under section 10(1).[6]The majority judgment of Justices Brennan, Toohey and Gaudron found that native title rights, if they did exist, should really be treated as part of a broader human right to own and inherit property. They said that the effect of the Coast Islands Act was to arbitrarily deprive the Meriam people of their traditional property, by denying their native title rights.[2] As such, their right to own and inherit property was limited.

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