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ATSIC AMENDMENT (INDIGENOUS LAND CORPORATION AND LAND FUND) BILL 1994

Order of the day read for the further consideration of the bill in

committee of the whole.

In the committee

Consideration resumed of clause 3--and of the amendment moved by Senator

Ellison (see entry no. 16)--

Debate resumed.

Question--That the amendment be agreed to--put.

The committee divided--

AYES, 29

Baume Brownhill Campbell Chamarette Chapman Crichton-Browne Ellison Ferguson Gibson Harradine Herron Kemp Knowles Macdonald, Ian Macdonald, Sandy MacGibbon McGauran Margetts Newman O'Chee (Teller) Parer Patterson Reid Short Tambling Teague Troeth Vanstone Watson

NOES, 26

Beahan Bell Bourne Carr Childs Coates Collins Colston Cook Cooney Evans, Christopher Evans, Gareth Faulkner Foreman (Teller) Forshaw Jones Kernot Loosley McKiernan Neal Reynolds Sherry Spindler West Woodley Zakharov

Question agreed to.

Senator Ellison moved the following amendment:

Clause 3, page 3, at end of proposed section 191B, add "in accordance

with the object of this Part".

Debate ensued.

The Minister for Foreign Affairs (Senator Gareth Evans) moved the

following amendment to Senator Ellison's proposed amendment:

Omit "accordance with", substitute "furtherance of".

Question--That Senator Gareth Evans' amendment to Senator Ellison's

proposed amendment be agreed to--put and passed.

Question--That the amendment, as amended, be agreed to--put and passed.

Senator Chamarette moved the following amendments:

Clause 3, page 3, proposed subsection 191D(1), lines 19 to 31, omit the

subsection, substitute the following subsection:

Functions

" "191D.(1) The land acquisition functions of the Indigenous Land

Corporation are as follows:

(a) to grant interests in land to:

(i) Aboriginal or Torres Strait Islander corporations; or

(ii) Aboriginal persons; or

(iii) Torres Strait Islanders; or

(iv) trustees of Aboriginal or Torres Strait Islander trusts;

(b) to acquire by agreement interests in land for the purpose of

making grants under paragraph (a);

(c) to make grants of money to:

(i) Aboriginal or Torres Strait Islander corporations; or

(ii) Aboriginal persons; or

(iii) Torres Strait Islanders; or

(iv) trustees of Aboriginal or Torres Strait Islander trusts;

for the acquisition of interests in land;

(d) to guarantee loans made to:

(i) Aboriginal or Torres Strait Islander corporations; or

(ii) Aboriginal persons; or

(iii) Torres Strait Islanders; or

(iv) trustees of Aboriginal or Torres Strait Islander trusts;

for the purpose of the acquisition of interests in land.

Note 1: "Interest in land" is defined by section 4.

Note 2: "Aboriginal or Torres Strait Islander corporation" is defined

by section 4.

Note 3: "Aboriginal or Torres Strait Islander trust" is defined by

section 4.".

Clause 3, page 4, proposed paragraphs 191D(3)(a) and (b), lines 1 to 14,

omit the paragraphs, substitute the following paragraphs:

"(a) pursuing a policy of:

(i) acquiring interests in land and granting the interests to:

(A) Aboriginal or Torres Strait Islander corporations; or

(B) Aboriginal persons; or

(C) Torres Strait Islanders; or

(D) trustees of Aboriginal or Torres Strait Islander trusts;

or

(ii) in cases where the Indigenous Land Corporation grants money

to:

(A) Aboriginal or Torres Strait Islander corporations; or

(B) Aboriginal persons; or

(C) Torres Strait Islanders; or

(D) trustees of Aboriginal or Torres Strait Islander trusts;

for the acquisition of interests in land--acting as the agent of

the relevant corporations or persons in connection with those

acquisitions;

except where the circumstances make the pursuit of such a policy

impracticable or inadvisable;

(b) in a case where the Indigenous Land Corporation acquires an

interest in land for the purpose of making a grant of the

interest to:

(i) Aboriginal or Torres Strait Islander corporations; or

(ii) Aboriginal persons; or

(iii) Torres Strait Islanders; or

(iv) trustees of Aboriginal or Torres Strait Islander trusts;

that grant being made as soon as is practicable after that

acquisition.".

Clause 3, page 9, proposed paragraph 191J(1)(b), lines 28 to 32, omit

the paragraph, substitute the following paragraph:

"(b) the Indigenous Land Corporation or the subsidiary, as the case

requires, considers that it no longer needs to hold the interest

for the purpose of making a grant of the interest to:

(i) an Aboriginal or Torres Strait Islander corporation; or

(ii) an Aboriginal person; or

(iii) a Torres Strait Islander; or

(iv) a trustee of an Aboriginal or Torres Strait Islander trust;

within a reasonable time after that acquisition.".

Clause 3, page 10, proposed paragraph 191N(2)(a), lines 29 and 30, omit

the paragraph, substitute the following paragraph:

"(a) the acquisition of interests in land for the purpose of making

grants of those interests to:

(i) Aboriginal or Torres Strait Islander corporations; or

(ii) an Aboriginal person; or

(iii) a Torres Strait Islander; or

(iv) a trustee of an Aboriginal or Torres Strait Islander

trust;".

Clause 3, page 11, proposed paragraph 191P(4)(a), lines 31 to 33, omit

the paragraph, substitute the following paragraph:

"(a) the acquisition of interests in land in the regional area for

the purpose of making grants of those interests to:

(i) Aboriginal or Torres Strait Islander corporations; or

(ii) Aboriginal persons; or

(iii) Torres Strait Islanders; or

(iv) trustees of Aboriginal or Torres Strait Islander trusts;".

Clause 3, pages 12 and 13, proposed section 191S, line 33 (page 12) to

line 33 (page 13), omit "body corporate" (wherever occurring),

substitute "person".

Clause 3, pages 13 and 14, proposed section 191T, line 34 (page 13) to

line 21 (page 14), omit "body corporate" (wherever occurring),

substitute "person".

Clause 3, page 14, proposed subsection 191U(1), lines 24 to 39, omit

"body corporate" (wherever occurring), substitute "person".

Debate ensued.

At 7.20 p.m.: The Acting Deputy President (Senator Childs) resumed the

Chair and the Temporary Chairman of Committees (Senator Chapman)

reported progress.