Senator MINCHIN (Special Minister of State and Minister Assisting the Prime Minister)(9.52 a.m.) —I will respond to two statements made there. The common law is in exactly the same position as it was in 1993 in relation to this issue. We yet do not know whether native title can exist offshore and, if so, what it consists of. We are in exactly the same position until a court makes a ruling and, whatever ruling there is, the decision will no doubt be appealed to the High Court. To say they have no rights is absolutely wrong. The bill sets down what is already in the Native Title Act, and that is:

In the case of any future act to which this Subdivision applies, the native title holders have the same procedural rights as they would have in relation to the act on the assumption that they instead held any corresponding rights and interests in relation to the offshore place that are not native title rights and interests.

That is exactly what is in the current act. We believe that is fair and equitable and anything else, frankly, amounts to racial discrimination. What we are providing there is absolute equality in relation to procedural rights. They have those procedural rights, the same as everybody else.