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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 amendment

moved by Senator Chamarette:

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

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

Debate resumed.

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(5), lines 15 to 19, omit the

subsection, substitute the following subsection:

" "(5) In making appointments to the Indigenous Land Corporation

Board, the Minister must have regard to the need to ensure the

broadest possible representation of those Aboriginal persons and

Torres Strait Islanders to whom this Part is directed.".

On the motion of Senator Chamarette the following amendments were

debated and agreed to:

Clause 3, page 17, proposed subsection 192B(2), line 25, omit

"Minister's written approval", substitute "written agreement of the

Indigenous Land Corporation Board".

Clause 3, page 17, proposed subsection 192C(2), line 31, omit

"Minister", substitute "Indigenous Land Corporation Board".

Clause 3, page 17, proposed subsection 192C(3), line 35, omit

"Minister", substitute "Indigenous Land Corporation Board".

Clause 3, page 18, proposed subsection 192D(3), line 13, omit

"Minister", substitute "Indigenous Land Corporation Board".

Clause 3, page 20, proposed paragraph 192H(3)(b), line 24, omit

"Minister's approval", substitute "agreement of the Indigenous Land

Corporation Board".

Senator Chamarette moved the following amendments:

Clause 3, page 10, proposed subsection 191N(1), line 23, omit

"191N.(1)", substitute "191P.(1)".

Clause 3, page 10, after proposed subsection 191N(1), insert the

following subsections:

National indigenous land strategy to be based on regional strategies

" "(1A) The national indigenous land strategy must be based on,

derived from and reflect the regional indigenous land strategies

provided for under section 191P.'

National strategy to be amended if regional strategy varies

"(1B) Where, as a result of a review under subsection 191P(7), a

regional indigenous land strategy is varied, the national indigenous

land strategy must be varied accordingly so that it is based on,

derived from and reflects the regional indigenous land strategies.".

Clause 3, pages 10 and 11, proposed subsection 191N(3), line 34 (page

10) to line 4 (page 11), omit the subsection, substitute the following

subsection:

Consultation on national indigenous land strategy

" "(3) In performing functions under this section, the Indigenous Land

Corporation Board:

(a) must consult as widely as possible with representatives of those

Aboriginal persons and Torres Strait Islanders to whom this Part

is directed; and

(b) must consult with the Commission; and

(c) may consult such other persons and bodies as the Board considers

appropriate.".

Clause 3, page 11, proposed subsection 191N(6), lines 11 to 13, omit the

subsection, substitute the following subsection:

Copy to be given to Minister

" "(6) The Indigenous Land Corporation Board must give a copy of the

national indigenous land strategy and a copy of any changes it has

made to the national indigenous land strategy to the Minister within 2

months of the Board agreeing to the strategy or change.".

Clause 3, page 11, proposed subsection 191P(1), line 17, omit

"191P.(1)", substitute "191N.(1)".

Clause 3, page 11, after proposed subsection 191P(4), insert the

following subsection:

Moneys not to be distributed until regional strategy prepared

" "(4A) The Indigenous Land Corporation must ensure that no moneys are

distributed from the fund for the performance of the Corporation's

functions in a region until the regional land strategy for that region

has been prepared.".

Clause 3, page 12, proposed paragraphs 191P(5)(a) and (b), lines 4 to 7,

omit the paragraphs, substitute the following paragraphs:

"(a) must consult, as far as is practicable, with Aboriginal or

Torres Strait Islander corporations, Aboriginal persons, Torres

Strait Islanders and trustees of Aboriginal or Torres Strait

Islander trusts in the regional area; and

(b) must, if any part of the region is included in the regional

area, consult the Regional Council for the region; and

(c) must consult with the State or Territory Government or

Governments relevant to each region so as to ensure that

regional indigenous land strategies complement existing State,

Territory or regional land acquisition and management programs

for Aboriginal persons or Torres Strait Islanders.".

Clause 3, page 12, proposed section 191Q, lines 17 to 22, omit the

section, substitute the following section:

Indigenous Land Corporation to base land acquisition and land management

decisions on the regional and national strategies

" "191Q. Decisions taken by the Indigenous Land Corporation in

relation to its land acquisition functions and its land management

functions must be based on:

(a) each relevant regional indigenous land strategy; and

(b) the national indigenous land strategy.".

Debate ensued.

Senator Chamarette, by leave, amended her amendments as follows:

Omit proposed subsection 191N(1B).

Debate continued.

At 12.45 p.m.: The Deputy President (Senator Crichton-Browne) resumed

the Chair and the Temporary Chairman of Committees (Senator Colston)

reported progress.