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Friday, 17 December 1993
Page: 5058


Senator GARETH EVANS (Minister for Foreign Affairs) (9.54 p.m.) —It is in relation to 6A. But since we are in a twilight zone, pending Senator Chamarette's moving of new clause 6A, I am happy to respond now to the question Senator Vanstone raised earlier. Senator Vanstone asked me earlier on what the implications of section 10(3) of the Racial Discrimination Act might be for those provisions of the legislation which relate to the possible vesting of native title in a corporate body. Senator Vanstone was referring to the provision of the Racial Discrimination Act, which talks in terms of the law containing a provision. It authorises property owned by an Aboriginal or Torres Strait Islander to be managed by another person without the consent of the Aboriginal or Torres Strait Islander.

  The short point in reply is that the provisions in this bill that do provide for that form of management of native title certainly do not provide for such management to occur without consent; rather, the land will continue to be fully managed by the native titleholders and it is intended that those holders will wholly control in turn the body corporate. I think it is appropriate to debate this further when we get to the provisions about body corporate, but to the extent that it raises questions about the Racial Discrimination Act's application, that is the answer. These provisions are wholly outside any possible application of 10(3) of the RDA.