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Saturday, 18 December 1993
Page: 5202

Senator ELLISON (10.49 p.m.) —The minister is then saying, at the time of the acquisition, non-extinguishment applies; at the time of the vesting, there is an extinguishment of native title because that is (aa). Is that the position, before I proceed?

Senator Gareth Evans —Yes.

Senator ELLISON —In between those two points there is a situation where native title subsists for the purposes of the non-extinguishment principle. Where is the benefit to the native titleholder, in view of the fact that as soon as the vesting occurs it will be extinguished anyway? The native titleholder cannot do anything.