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Saturday, 18 December 1993
Page: 5162


Senator ELLISON (5.38 p.m.) —The Minister for Foreign Affairs (Senator Gareth Evans) says that the state attracts this liability if it goes down a certain path—that is, validation. I understand that the government is not seeking to amend proposed subclause 19(2)—we have been dealing with proposed subclauses (3) and (4)—which states:

Native title holders are entitled to compensation for the past act attributable to a State or Territory that, at the time when the claim for compensation is determined, has not been validated by the State or Territory in accordance with section 18.

Does that mean that compensation applies whether or not there has been validation and whether or not the state has gone down that particular path? Is that what that implies?