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I think the question should be 'Who is an Australian Aboriginal or Torres Strait Islander person?'

Since the early 1980's the Australian Federal Government has used a three point working definition to enable people to establish their eligibility for specific Aboriginal and Torres Strait Islander programs. According to that definition an Aboriginal or Torres Strait Islander person is someone who:

  1. is of Aboriginal or Torres Strait Islander descent,
  2. identifies himself or herself as an Aboriginal person or Torres Strait Islander, and
  3. is accepted as such by the Indigenous community in which he or she lives.

Each requirement must be satisfied. Physical appearance and lifestyle are irrelevant.

Please refer to the following:

Gibbs v Capewell and Others, 54 FCR 503

M. Dodson, "The end in the beginning re(de)finding Aboriginality", (Number 1) Australian Aboriginal Studies,1994.

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