(1) If, by reason of, or of a provision of, a law of theCommonwealth or of a State or Territory, persons of a particular race, colouror national or ethnic origin do not enjoy a right that is enjoyed by personsof another race, colour or national or ethnic origin, or enjoy a right to amore limited extent than persons of another race, colour or national or ethnicorigin, then, notwithstanding anything in that law, persons of the first-mentioned race, colour or national or ethnic origin shall, by force of thissection, enjoy that right to the same extent as persons of that other race,colour or national or ethnic origin.
(2) A reference insubsection (1) to a right includes areference to a right of a kind referred to in Article 5 of the Convention.
(3) Where a law contains a provision that:
(a) authorizes property owned by an Aboriginal or a TorresStrait Islander to be managed by another person without the consent of theAboriginal or Torres Strait Islander; or
(b) prevents or restricts an Aboriginal or a Torres StraitIslander from terminating the management by another person of property ownedby the Aboriginal or Torres Strait Islander;
not being a provision that applies to persons generally without regard totheir race, colour or national or ethnic origin, that provision shall bedeemed to be a provision in relation to whichsubsection (1) appliesand a reference in thatsubsection to a right includes a reference to a rightof a person to manage property owned by the person.
