Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download PDFDownload PDF 

Previous Fragment    Next Fragment

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--

On the motion of Senator Chamarette the following amendments were

debated and agreed to:

Clause 3, page 4, at end of proposed section 191D, add the following

subsection:

" "(4) Except where under this Part it acquires an interest in land:

(a) as office accommodation from which to discharge its functions;

or

(b) as a result of the investment of Land Fund monies;

where the Indigenous Land Corporation acquires an interest in land it

must grant that interest, as soon as practicable after its acquisition,

to:

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

(d) Aboriginal persons; or

(e) Torres Strait Islanders; or

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

Clause 3, page 7, proposed subsection 191G(3), line 24, omit

"Subsections 191D(3) and 191E(3)", substitute "Subsections 191D(3),

191D(4) and 191E(3)".

Senator Campbell moved the following amendment:

Clause 3, page 4, proposed paragraph 191D(3)(a), lines 1 to 10, omit the

paragraph, substitute the following paragraph:

"(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;

(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) with regard, at all times, to the need

to improve the viability of Aboriginal and Torres Strait Islander

communities, including by addressing their health, housing,

educational, economic, social and cultural needs, as a result of the

acquisition of land or interests in land to which those persons may

have access;".

Debate ensued.

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

Omit "and" (last occurring), substitute "or".

Debate continued.

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

The committee divided--

AYES, 31

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

NOES, 29

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

Question agreed to.

On the motion of Senator Chamarette the following amendment was debated

and agreed to:

Clause 3, page 4, at end of section 191D, add the following subsection:

Permission of traditional owners

" "(4) Before the Indigenous Land Corporation performs a land

acquisition function referred to in subsection (1), it must take all

reasonable steps to consult the traditional owners of the land in

relation to which the function is to be performed.".

Senator Ellison moved the following amendment:

Clause 3, page 4, at end of proposed subsection 191D(3), add the

following paragraph:

"; (c) pursuing a policy of not retaining any interest in a parcel

of land in which it has granted an interest under paragraph

(1)(a)".

At 10.30 p.m.: The President resumed the Chair and the Temporary

Chairman of Committees (Senator Chapman) reported progress.