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Thursday, 4 December 1997
Page: 10460


Senator BOLKUS(9.53 p.m.) —I will accept Senator Margetts's suggestion and move that at the same time as well. It is related.


The TEMPORARY CHAIRMAN —Would you like amendments 132 and 133 in it as well?


Senator BOLKUS —I would like to, but I think 132 and 133 cover a different topic, and we should probably raise that for discussion. I move:

(134)   Schedule 1, item 9, page 93 (after line 4), at the end of section 33, add:

   (3)   If the negotiations are with respect to a right the creation of which may constitute an earlier act for the purposes of section 26D, the negotiations may include the possibility that:

      (a)   any agreement which results will provide for further negotiations in respect of an act that constitutes a later act for the purposes of that section; or

      (b)   this Subdivision will apply to the later act.

   (4)   Proceedings may be taken in the Federal Court in relation to an agreement reached under section 31 pursuant to negotiations about matters referred to in subsection (3):

      (a)   for specific performance of the agreement, or

      (b)   for a declaration that the conditions of the agreement agreed to by non-native title parties have not been complied with; or

      (c)   for an injunction or prohibition restraining those parties from continuing to do things under the act or the later act; or

      (d)   for damages for the doing of the things or for a failure to comply with the conditions, or both.

Amendments Nos 124 to 128, 130 and 134 agreed to.