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ABORIGINAL AND TORRES STRAIT ISLANDER HERITAGE (INTERIM PROTECTION) AMENDMENT BILL 1986

Order of the Day read for the adjourned debate on the motion of the Minister for Resources and Energy (Senator Evans)-That this Bill be now read a second time.

Debate resumed.

Question-put.

The Senate divided

AYES, 28

Senators- Black Bolkus Button Childs Chipp Coates Coleman Cook Crowley Devlin Elstob Evans Foreman Georges Giles Grimes Jones McClelland McKiernan Macklin Reynolds Robertson (Teller) Ryan Siddons Tate Vigor Walsh Zakharov

NOES, 24

Senators- Alston Archer Baume, Michael Baume, Peter Bjelke-Petersen Brownhill Carrick, Sir John Collard Crichton-Browne Durack Hamer Hill Knowles Lewis Messner Newman Parer Puplick Reid (Teller) Townley Vanstone Walters Watson Withers

And so it was resolved in the affirmative.

Bill read a second time.

The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee

Bill, by leave, taken as a whole.

Senator Peter Baume moved an amendment, viz: Page 1, after clause 3, insert the following new clause:

Interpretation

""3a. Section 3 of the Principal Act is amended by inserting after the definition of "Federal Court' in sub-section (1) the following definition:

" ""interested Aboriginal'' or ""interested group of Aboriginals'' means, in relation to a significant Aboriginal area, an Aboriginal or a group of Aboriginals, as the case may be, to whom that area is of particular significance in accordance with Aboriginal tradition;'.

Debate ensued.

Question-That the proposed new clause be inserted in the Bill-put and negatived.

Senator Peter Baume moved a further amendment, viz: Page 1, after clause 3, insert the following new clause:

""3a. Section 5 of the Principal Act is repealed and the following section substituted:

Application of Act

"5. (1) Subject to sub-section (2), this Act extends to every external Territory.

"(2) This Act does not extend to a State or Territory unless there is in force a declaration under sub-section (3) in respect of that State or Territory.

"(3) The Minister may declare, in respect of a specified State or Territory, that he is satisfied that there is not, under the laws of that State or Territory, effective protection of significant Aboriginal areas or objects from the threat of injury or desecration.

"(4) A declaration under sub-section (3) shall be published in the Gazette.

"(5) Sections 48 (other than paragraphs (1) (a) and (b) and sub-section (2)), 49 and 50 of the Acts Interpretation Act 1901 apply to a declaration under sub-section (3) as if in those sections references to regulations were references to declarations, references to a regulation were references to a declaration and references to repeal were references to revocation.

"(6) Declarations under sub-section (3) shall not be taken to be statutory rules within the meaning of the Statutory Rules Publication Act 1903.

"(7) Section 5 of the Evidence Act 1905 applies to a declaration under sub-section (3) as that section applies to an order made by a Minister.'.

Debate ensued.

Question-That the proposed new clause be inserted in the Bill-put and negatived.

Senator Peter Baume moved a further amendment, viz: Page 1, after clause 3, insert the following new clause:

Emergency declarations in relation to areas

""3a. Section 9 of the Principal Act is amended-

(a) by omitting from sub-paragraph (1) (b) (i) "and';

(b) by omitting from sub-paragraph (1) (b) (ii) "desecration,' and substituting "desecration;'; and

(c) by inserting after sub-paragraph (1) (b) (ii) the following new sub-paragraph:

"(iii) that it would be in the public interest that he make a declaration under this sub-section,'.

Debate ensued.

Question-That the proposed new clause be inserted in the Bill-put and negatived.

Senator Peter Baume moved a further amendment, viz: Page 1, after clause 3, insert the following new clause:

Other declarations in relation to areas

""3a. Section 10 of the Principal Act is amended-

(a) by omitting from sub-paragraph (1) (b) (i) "and';

(b) by inserting after paragraph (4) (e) the following new paragraph:

"(ea) the amount of compensation which should be paid to any person whose proprietary or pecuniary interests would be adversely affected by the making of a declaration;'.

Debate ensued.

Question-That the proposed new clause be inserted in the Bill-put and negatived.

Senator Peter Baume moved a further amendment, viz: Page 1, after clause 3, insert the following new clause:

Publication and commencement of declarations

""3a. Section 14 of the Principal Act is amended-

(a) by omitting from paragraph (1) (b) "on the date of publication in the Gazette or' and substituting "not earlier than 30 days after the date of publication in the Gazette or on'; and

(b) by inserting after sub-section (2) the following new sub-section:

"(2a) A notice in writing given under paragraph (2) (a) in relation to a declaration made under sub-section 10 (1) shall include a response to the matters dealt with in the report under sub-section 10 (4) in relation to the area to which that declaration applies.'.

Debate ensued.

Question-That the proposed new clause be inserted in the Bill-put and negatived.

Senator Peter Baume moved a further amendment, viz: Page 1, after clause 3, insert the following new clause:

""3a. Section 16 of the Principal Act is repealed and the following section substituted:

Statement of decisions of the Minister

"16. (1) Where the Minister refuses to make a declaration under this Division, the Minister shall cause to be served on the applicant or applicants a written statement setting out his decision and his reasons for that decision, including his findings on any material questions of fact, and referring to the evidence or other material on which those findings were based.

"(2) A written statement under sub-section (1) in relation to a decision of the Minister refusing to make a declaration under sub-section 10 (1) shall include a response to the matters dealt with in the report under sub-section 10 (4) in relation to the area to which the application for the declaration relates.'.

Debate ensued.

Question-That the proposed new clause be inserted in the Bill-put and negatived.

Senator Peter Baume moved a further amendment, viz: Page 1, after clause 3, insert the following new clause:

Repeal of Division 2 of Part II

""3a. Division 2 of Part II of the Principal Act is repealed.

Debate ensued.

Question-That the proposed new clause be inserted in the Bill-put and negatived.

Senator Peter Baume moved a further amendment, viz: Page 1, after clause 3, insert the following new clause:

""3a. After section 31 of the Principal Act the following section is inserted in Part IV:

Application for review

"31A. (1) Applications may be made to the Administrative Appeals Tribunal for review of-

(a) a decision of the Minister under sub-section 10 (1) making or refusing to make a declaration; or

(b) a decision of the Minister under sub-section 12 (1) making or refusing to make a declaration.

"(2) Where the Minister makes a decision of a kind referred to in sub-section (1) and gives to the person or persons whose interests are affected by the decision notice in writing of the making of the decision, that notice shall include a statement that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of the person or persons whose interests are affected by the decision.

"(3) Any failure to comply with the requirements of sub-section (2) in relation to a decision does not affect the validity of the decision.

"(4) In sub-section (1), ""decision'' has the same meaning as in the Administrative Appeals Tribunal Act 1975.'.''.

Debate ensued.

Question-That the proposed new clause be inserted in the Bill-put and negatived.

Bill agreed to.

Bill to be reported without amendment.

The Deputy-President (Senator Hamer) resumed the Chair; and the Temporary Chairman of Committees (Senator Elstob) reported accordingly.

On the motion of Senator Evans the report from the Committee was adopted, and the Bill read a third time.