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Friday, 17 December 1993
Page: 5074


Senator ELLISON (11.10 p.m.) —I fail to see the need for this amendment when clause 10 says quite simply: `native title is not able to be extinguished contrary to this Act'. It is a very simple statement. It means that only in relation to this piece of legislation can native title be extinguished. This proposed section is really reinventing the wheel. It is superfluous because it goes on to restate the same in perhaps a more detailed manner—


Senator Kernot —It spells it out.


Senator ELLISON —I do not think it does. It is not as explicit as the simple statement: `native title is not able to be extinguished contrary to this Act'. That means that it cannot be extinguished by any state act or by any other act. It can only be extinguished by the Native Title Bill. So if we say that the Western Australian legislation extinguishes native title, then it would be in contravention of clause 10 without the Democrats' addition. I think it just adds to the general verbiage of this bill and it is ineffectual because it is already stated in clause 10.