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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, as amended--and of the amendments

moved by Senator Chamarette:

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 resumed.

Senator Chamarette, by leave, withdrew the amendments.

Senator Ellison 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 paragraph 191D(3)(b), lines 11 to 14, omit

the paragraph, substitute the following paragraph:

"(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) 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;

that grant being made within a reasonable time 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) Aboriginal persons; or

(iii) Torres Strait Islanders; or

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

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, pages 14 and 15, proposed section 191U, line 22 (page 14) to

line 4 (page 15), omit "body corporate" (wherever occurring), substitute

"person".

Clause 3, page 38, proposed paragraph 193R(1)(g), line 36, omit "body

corporate", substitute "person".

Clause 3, page 39, proposed paragraph 193R(1)(i), line 2, omit "body

corporate", substitute "person".

Clause 3, page 39, proposed paragraph 193R(1)(i), line 3, omit "body

corporate", substitute "another person".

Debate ensued.

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

The committee divided--

AYES, 35

Abetz Alston Baume Boswell Brownhill Calvert Campbell Chamarette Chapman Ellison Ferguson Gibson Harradine Herron Kemp Knowles Macdonald, Ian Macdonald, Sandy MacGibbon McGauran Margetts Minchin Newman O'Chee (Teller) Panizza Parer Patterson Reid Short Tambling Teague Tierney Vanstone Watson Woods

NOES, 33

Beahan Bell Bolkus Bourne Burns Carr Childs Coates Collins Colston Cook Cooney Crowley Denman Devereux Evans, Christopher Evans, Gareth Faulkner Foreman Forshaw Jones (Teller) Kernot Lees Loosley McKiernan McMullan Murphy Neal Ray Spindler West Woodley Zakharov

Question agreed to.

Senator Campbell moved the following amendment:

Clause 5, page 43, after proposed definition of "Aboriginal or Torres

Strait Islander corporation", insert the following definition:

" "Aboriginal or Torres Strait Islander trust' means a trust:

(a) in which a majority of the beneficial interests are held by:

(i) Aboriginal persons; or

(ii) Torres Strait Islanders; or

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

(iv) a combination of those persons; or

(b) in which some of the beneficial interests are held by persons

referred to in paragraph (a) and where details of the ownership

of the other beneficial interests have been provided to the

Indigenous Land Corporation;".

Senator Campbell, by leave, amended his amendment to read as follows:

Clause 5, page 43, after proposed definition of "Aboriginal or Torres

Strait Islander corporation", insert the following definition:

" "Aboriginal or Torres Strait Islander trust' means a trust:

(a) in which a majority of the beneficial interests are held by:

(i) Aboriginal persons; or

(ii) Torres Strait Islanders; or

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

(iv) a combination of those persons; and

(b) where details of the ownership of the other beneficial interests

have been provided to the Indigenous Land Corporation;".

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

On the motion of Senator Ellison the following amendments were debated

and agreed to:

Clause 3, page 3, proposed subsection 191D(2), lines 32 to 34, omit the

subsection, substitute the following subsections:

Grants--terms and conditions

" "(2) The Indigenous Land Corporation may make a grant of money on

terms and conditions that must relate to:

(a) the purposes for which the money may be spent; or

(b) the period within which the money is to be spent; or

(c) the acquittal of money spent; or

(d) the giving of information in relation to the grant.

If the grant becomes repayable because of a breach of such a term or

condition, the Indigenous Land Corporation must take all reasonable

steps to recover the repayment.

Guarantees--terms and conditions

"(2A) A guarantee is subject to such terms and conditions as the

Indigenous Land Corporation determines.".

Clause 3, page 4, proposed subsection 191E(2), lines 37 to 39, omit the

subsection, substitute the following subsections:

Grants--terms and conditions

" "(2) The Indigenous Land Corporation may make a grant of money on

terms and conditions that must relate to:

(a) the purposes for which the money may be spent; or

(b) the period within which the money is to be spent; or

(c) the acquittal of money spent; or

(d) the giving of information in relation to the grant.

If the grant becomes repayable because of a breach of such a term or

condition, the Indigenous Land Corporation must take all reasonable

steps to recover the repayment.

Loans--terms and conditions

"(2A) The Indigenous Land Corporation may make a loan of money on

terms and conditions that must relate to:

(a) the purposes for which the money may be spent; or

(b) the period within which the money is to be spent; or

(c) the acquittal of money spent; or

(d) the giving of information relating to the loan; or

(e) the repayment of the loan; or

(f) the payment of interest (including interest on interest); or

(g) if the loan is secured--the loan security.

Guarantees--terms and conditions

"(2B) A guarantee is subject to such terms and conditions as the

Indigenous Land Corporation determines.".

On the motion of Senator Ellison the following amendments were debated

and agreed to:

Clause 3, page 3, proposed subsection 191D(3), line 38, omit "have

regard to the desirability of", substitute "give priority to".

Clause 3, page 5, proposed subsection 191E(3), line 4, omit "have regard

to the desirability of", substitute "give priority to".

Clause 3, page 6, proposed subsection 191F(2), lines 15 and 16, omit

"have regard to the desirability of", substitute "give priority to".

At 7.20 p.m.: The President resumed the Chair and the Temporary Chairman

of Committees (Senator Teague) reported progress.