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Friday, 3 April 1998
Page: 1960


Senator BOLKUS (9:51 AM) —by leave—I do not intend to speak again on the amendment other than to indicate that, in discussions with some of the other players in the Senate, I have deemed it appropriate that we try to amend the amendment in three or four minor ways. The first amendment to my amendment is in respect of paragraph (i). It currently reads:

the Government promoted needless uncertainty and potential economic loss in rejecting the validation provisions passed by the Senate in December 1997 . . .

I suggest that it should read:

the Government promoted needless uncertainty and potential economic loss in rejecting the alternate validation provisions proposed by the Senate in December 1997;

So we seek to add the word `alternate' before `validation' and to change the word `passed' to `proposed'. Those are the two amendments in paragraph (i).

I also seek leave to add after paragraph (j) the words `as amended by the Senate' and to amend paragraph (m)(i) to include the word `procedures' after `validation'. So the paragraph will read:

(i) amendments to ensure fair and constitutional validation procedures, including provisions in respect of notice provisions and compensation on just terms . . .

They are the three sets of amendments I seek to make to the substantive amendment.


The ACTING DEPUTY PRESIDENT (Senator Hogg) —Is leave granted to amend the amendment?

Leave granted.

Amendment, as amended, agreed to.

Amendment (by Senator Brown and Senator Margetts) proposed:

Omit all words after "That", substitute: "in view of:

(a) the insufficient consultation and negotiation with Aboriginal and Torres Strait Islander people regarding changes to the Native Title Act 1993 and the entire issue of indigenous land justice; and

(b) concern that passage of the Native Title Amendment Bill in any form will further diminish Aboriginal and Torres Strait Islander native title rights and will greatly impede the process of reconciliation and healing between indigenous and non-indigenous people; and

(c) the fact that there are many unresolved issues with regard to indigenous sovereignty and unfulfilled promises with regard to the implementation of a treaty process with the indigenous people of this continent;

the bill be withdrawn until a comprehensive process of negotiation and agreement with the many indigenous communities of this continent has taken place".


Senator Margetts —I am not seeking to speak to that. I need a point of clarification about the previous vote. Did the government vote for the amendment? I am not sure if you noticed that we did not and you made a call.


The ACTING DEPUTY PRESIDENT —I called the ayes on that particular occasion.


Senator Margetts —Why?


The ACTING DEPUTY PRESIDENT —The question is that Senator Brown's amendment be agreed to. Those of that opinion say aye, the contrary no. I think the ayes have it. Is a division required?