that adversely discriminated on the basis of race. Justices Gummow and Hayne held that the use of race as the basis of parliamentary power was inherently discriminatory and that benefits to the people of one race may be detrimental to people of another. Justice Kirby disagreed, holding that the race power did not permit the enactment of laws to the detriment of the people of any race. Justice Gaudron held that it was difficult to conceive of circumstances in which a law to the disadvantage of a racial minority would be valid. The Northern Territory National Emergency Response of 2007–2011, and its continuation as the Stronger Futures policy would have required the use of this section had the Commonwealth implemented it in any of the states. However, as it was implemented only in a territory, this was not the case. A federal government commissioned report from the "Expert Panel on Constitutional Recognition of Indigenous Australians" on 19 January 2012, recommended that a referendum be held for the repeal of s 51(xxvi), replacing it with new sections s 51A (which would empower the Commonwealth to make laws for Indigenous Australians, but also recognises Aboriginal and Torres Strait Islanders as Australia's first peoples) and s 116A (which would prohibit racially discriminatory legislation or the making of laws under s51A that are not for the benefit of Indigenous peoples). In 2017, the Referendum Council (with the same initial co-chairs as 2012's Expert Panel) made recommendations echoing those made by that Panel, although not formally including the repeal of section 25 as per the Expert Panel recommendations (2012) and the Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples (2015). References Further reading (2012) 37(3) Alternative Law Journal 151. Australian constitutional law Race and law