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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--

Senator Chamarette moved the following amendment:

Clause 3, pages 12 to 14, proposed sections 191S and 191T, line 33 (page

12) to line 21 (page 14), omit the sections.

Debate ensued.

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

The committee divided--

AYES, 24

Abetz Alston Baume Boswell Calvert Campbell Chamarette Chapman Crichton-Browne Ellison Gibson Harradine Herron Hill Macdonald, Ian Macdonald, Sandy McGauran Margetts Minchin Newman O'Chee Panizza (Teller) Tierney Troeth

NOES, 22

Beahan Bell Bolkus Bourne Burns (Teller) Carr Colston Evans, Christopher Evans, Gareth Foreman Forshaw Jones Kernot Lees McKiernan Neal Reynolds Sherry Spindler West Woodley Zakharov

Question agreed to.

Clause 3, as amended, further debated.

Senator Chamarette moved the following amendment:

Clause 3, pages 14 and 15, proposed section 191U, line 22 (page 14) to

line 4 (page 15), omit the section.

Debate ensued.

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

The committee divided--

AYES, 9

Bell Bourne (Teller) Chamarette Harradine Kernot Lees Margetts Spindler Woodley

NOES, 31

Beahan Boswell Burns Calvert Campbell Carr Colston Ellison Evans, Christopher Evans, Gareth Foreman Forshaw Gibson Herron Hill Jones Kemp Macdonald, Ian McGauran McKiernan Minchin Neal O'Chee (Teller) Panizza Patterson Reynolds Sherry Tierney Troeth West Zakharov

Question negatived.

Senator Ellison moved the following amendments:

No. 1--Clause 3, page 15, proposed paragraph 191V(2)(a), line 13, omit

the paragraph, substitute the following paragraph:

"(a) a Chairperson appointed by the Prime Minister;".

No. 2--Clause 3, page 15, proposed paragraph 191V(2)(b), line 14, omit

the paragraph, substitute the following paragraph:

"(b) a Deputy Chairperson appointed by the Minister for Finance;".

No. 3--Clause 3, page 15, proposed paragraph 191V(2)(c), line 15, omit

the paragraph, substitute the following paragraph:

"(c) a Commissioner nominated by the Commission;".

No. 4--Clause 3, page 15, proposed subsection 191X(1), line 38, omit

"Minister", substitute "Prime Minister, the Minister for Finance, or the

Minister, as the case requires,".

Debate ensued.

Question--That amendment no. 1 be agreed to--put and negatived.

Question--That amendment no. 2 be agreed to--put and negatived.

Question--That amendment no. 3 be agreed to--put.

The committee divided--

AYES, 26

Abetz Alston Baume Boswell Calvert Campbell Chamarette Chapman Crichton-Browne Ellison Ferguson Gibson Herron Hill Macdonald, Ian Macdonald, Sandy MacGibbon McGauran Margetts Minchin Newman O'Chee (Teller) Panizza Teague Tierney Troeth

NOES, 25

Beahan Bell Bolkus Bourne Burns Carr Childs Colston Denman Evans, Christopher Evans, Gareth Foreman (Teller) Forshaw Harradine Jones Kernot Lees McKiernan Neal Reynolds Sherry Spindler West Woodley Zakharov

Question agreed to.

Senator Ellison, by leave, withdrew amendment no. 4.

Senator Chamarette moved the following amendment:

Clause 3, page 16, proposed subsection 191X(3), lines 7 and 8, omit "and

the Minister for Finance".

Debate ensued.

Question--That the amendment be agreed to--put and negatived. Senator

Chamarette recorded her vote for the ayes.

Senator Chamarette moved the following amendment:

Clause 3, page 16, proposed subsection 191X(2), line 2, omit "The

Indigenous Land Corporation Chairperson and at least 4 other",

substitute "All of the".

Debate ensued.

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

The committee divided--

AYES, 3

Chamarette Harradine Margetts (Teller)

NOES, 48

Abetz Alston Baume Beahan Bell Boswell Bourne Brownhill Burns Calvert Campbell Carr Chapman Childs Colston Cooney Denman Ellison Evans, Christopher Evans, Gareth Ferguson Foreman Forshaw Herron Hill Jones Kemp Kernot Lees Loosley Macdonald, Ian Macdonald, Sandy McGauran McKiernan Minchin Murphy Neal Newman O'Chee Panizza (Teller) Reynolds Sherry Spindler Tierney Troeth West Woodley Zakharov

Question negatived.

Senator Chamarette moved the following amendment:

Clause 3, page 16, proposed subsection 191X(4), lines 9 to 14, omit the

subsection, substitute the following subsection:

Qualifications

" "(4) Each appointed Indigenous Land Corporation Director is to be a

person who:

(a) the Minister is satisfied:

(i) is broadly representative of the interests of the Aboriginal

persons and Torres Strait Islanders to whom this Part is

directed; and

(ii) has satisfactorily performed his or her representative role

in existing or past activities or bodies; and

(iii) will satisfactorily perform his or her functions under

section 191W; and

(b) the Minister is satisfied has experience in:

(i) land or environmental management; or

(ii) business or financial management; or

(iii) Aboriginal community life or Torres Strait Islander

community life.".

Debate ensued.

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

On the motion of Senator Campbell the following amendment was debated

and agreed to:

Clause 3, page 16, proposed subsection 191X(4), lines 9 to 14, omit the

subsection, substitute the following subsection:

Qualifications

" "(4) Each appointed ordinary member of the Board is to be a person

who the Minister is satisfied has experience in:

(a) land or environmental management; or

(b) business or financial management; or

(c) Aboriginal community life or Torres Strait Islander community

life;

and the Minister must ensure that at least 2 appointed ordinary members

of the Board have experience in business or financial management.".

Senator Chamarette moved the following amendment:

Clause 3, page 16, proposed subsection 191X(5), lines 16 to 19, omit

"Commissioner" (wherever occurring), substitute "elected Commissioner".

Debate ensued.

The Minister for Foreign Affairs (Senator Gareth Evans) moved--That the

committee report progress and ask leave to sit again.

Question put and passed.

The Acting Deputy President (Senator McKiernan) resumed the Chair and

the Temporary Chairman of Committees (Senator Calvert) reported that the

committee had considered the bill, made progress and asked leave to sit

again.

Ordered, on the motion of Senator Gareth Evans, that the committee have

leave to sit again on the next day of sitting.