Senator MARGETTS(11.48 a.m.) —Senator Woodley made a request that, because of the nature of the debate, the order be that we deal first with the no extinguishment mechanism—the just say no mechanism put forward by the Democrats and the Greens. If that is defeated, we would then deal with the compromise position of the National Indigenous Working Group. If that is defeated we would then deal with the ALP's very compromised position, and then finally deal with the government's position. I trust that that is acceptable to the committee.

Motion (by Senator Minchin) agreed to:

That consideration of the government amendments be postponed to a later hour this day.

Amendment (by Senator Woodley) proposed:

(175)    Schedule 1, item 39, page 127 (lines 1 to 9), omit paragraphs (e) and (f), substitute:

      (e)   before the act was done, a past act took place consisting of the grant of a pastoral lease that was not the subject of an express reservation permitting access to Aboriginal peoples or Torres Strait Islanders, and when the act was done the lease was in effect and either:

         (i)   the lease was granted before 1 January 1994 and was in force on 1 January 1994, or

         (ii)   the lease was granted on or after 1 January 1994 and the grant was a past act because of subsection 228(3) or (9); and

      (f)   the act:

         (i)   was a pastoral activity; or

         (ii)   was any other act that is a Gazetted act (see section 22AA) and that did not:

            (a)   interfere with the community life of the persons who are the holders (disregarding any trust created under Division 6 of Part 2) of native title in relation to the land or waters concerned; or

            (b)   interfere with areas or sites of particular significance, in accordance with their traditions, to the holders (disregarding any trust created under Division 6 of Part 2) of native title in relation to the land or waters concerned; or

            (c)   involve major disturbance to any land or waters concerned.

   Question put:

   That the amendment (Senator Woodley's ) be agreed to.

In division—

Senator Brown —I draw the committee's attention to the requirement that anybody who has an interest, declare that interest before or after the vote is taken.

Senator Murray —As per my declaration of interests, I declare that I am the trustee of an entity which holds shares in a mining company.

Senator Watson —I presume I may well be in that category. I am not sure.

Senator MacGibbon —Can I have an explanation as to why people are making explanations, so that I might join them if I am relevant?

The CHAIRMAN —Senator Brown considers that there may be people who may have interests.

Senator Reid —I have shares in a mining company. I have no knowledge as to whether it has anything to do with this, but I do own shares and they are all disclosed in the senators' declaration.

Senator Bishop —I hold shares in a mining company which may or may not have an interest in this discussion.

Senator Vanstone —I, with my spouse, hold shares in one or more mining companies and I do not regard that as an interest in this matter.

Senator Crowley —Senator Bishop accounts for my position, but I understand that Madam President is currently considering whether this has to be done before every ballot. I thought it was understood that none of us would need to do this and take the time of the Senate.

The CHAIRMAN —It has not been concluded.

Senator Boswell —I have shares in a Kilcoy pastoral company. It is an abattoir. It does have some interest in pastoral leases and I believe we do employ Aboriginal people.

Senator Calvert —I think I have some shares in a mining company. I do not even know where it is, actually.

Senator Synon —I declare that I have shares in several mining companies.

Senator Quirke —I would like to own some shares, but I do not have any money.

Senator Heffernan —I have a farm at Booligal which is drought stricken and it may have an exploration licence on it, for all I know.

Senator Forshaw —I bought some shares in Expo Oil about 20 years ago. I think they are delisted—they never found anything and went broke. I am not sure whether they still exist.

Senator Tambling —Like Senator Bob Collins, I have Aboriginal relatives who may have an interest in this matter.

Senator Bob Collins —My wife is a Tiwi Islander and she is extremely interested in this debate.