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--and of the amendment

moved by Senator Ellison:

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)".

Debate ensued.

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

The committee divided--

AYES, 33

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

NOES, 30

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

Question agreed to.

Senator Ellison moved the following amendment:

Clause 3, page 4, at end of proposed paragraph 191E(1)(c), line 26, add

"under agreements with the holders of the land".

On the motion of Senator Ellison further consideration of the amendment

was postponed.

Senator Chamarette moved the following amendment:

Clause 3, page 5, after proposed subsection 191E(4), insert the

following subsection:

" "(4A) The Indigenous Land Corporation must ensure that not more than

10% of the money applied by it out of the Land Fund in any year is

applied in performing its functions under this section.".

Document: Senator Chamarette, by leave, tabled the following document:

ATSIC Amendment (Indigenous Land Corporation and Land Fund) Bill

1994--The Indigenous Land Fund--Copy of a briefing prepared by Senator

Chamarette, dated November 1994.

Debate ensued.

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

The committee divided--

AYES, 2

Chamarette Margetts (Teller)

NOES, 57

Abetz Alston Baume Bell Boswell Bourne Brownhill Burns Calvert Campbell Carr Chapman Childs Coates Colston Cooney Devereux Ellison Evans, Christopher Evans, Gareth Ferguson Foreman Forshaw Herron Hill Jones Kemp Kernot Knowles Lees Loosley Macdonald, Ian Macdonald, Sandy MacGibbon McGauran McKiernan McMullan Minchin Murphy Neal O'Chee Panizza (Teller) Parer Patterson Reid Reynolds Sherry Spindler Tambling Tierney Troeth Vanstone Watson West Woodley Woods Zakharov

Question negatived.

On the motion of Senator Ellison the following amendments were debated

and agreed to:

Clause 3, page 6, proposed subsection 191F(4), line 31, before "In",

insert "Subject to subsection (5),".

Clause 3, page 6, at end of proposed section 191F, add the following

subsection:

Report to Minister if sacred matters affect performance etc.

" "(5) The Indigenous Land Corporation must provide a written report

to the Minister in cases where the performance of its functions is

affected by matters referred to in subsection (4).".

On the motion of Senator Chamarette the following amendment was debated

and agreed to:

Clause 3, page 6, before proposed paragraph 191F(2)(a), insert the

following paragraph:

"(aa) ensuring that, as far as practicable, Aboriginal persons or

Torres Strait Islanders derive social or cultural benefits as

a result of the performance of those functions;".

On the motion of Senator Chamarette the following amendment was debated

and agreed to:

Clause 3, page 9, at end of proposed section 191J, add the following

subsection:

Consultation

" "(3) If:

(a) the Indigenous Land Corporation or the subsidiary, as the case

requires, proposes to dispose of the interest under subsection

(2); and

(b) the interest was acquired by the Indigenous Land Corporation or

the subsidiary, as the case requires, for the purpose of making

a grant of the interest to:

(i) a particular Aboriginal or Torres Strait Islander

corporation; or

(ii) a particular Aboriginal person; or

(iii) a particular Torres Strait Islander; or

(iv) trustees of a particular Aboriginal or Torres Strait

Islander trust; and

(c) in the case of an Aboriginal or Torres Strait Islander

corporation or an Aboriginal or Torres Strait Islander

trust--the corporation or trust is still in existence at the

time of the proposal; and

(d) in the case of an Aboriginal person or a Torres Strait

Islander--the Aboriginal person or the Torres Strait Islander is

still alive at the time of the proposal;

the Indigenous Land Corporation or the subsidiary, as the case requires,

must consult the corporation, Aboriginal person, Torres Strait Islander

or trustee, as the case requires, before disposing of the interest under

subsection (2).".

Clause 3, as amended, further debated.

At 6.30 p.m.: The Acting Deputy President (Senator Crichton-Browne)

resumed the Chair and the Temporary Chairman of Committees (Senator

McKiernan) reported progress.