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 message no. 407

from the House of Representatives in committee of the whole (see entry

no. 17, 28 November 1994).

In the committee

Consideration resumed of the message--and of the motion moved by the

Minister for Foreign Affairs (Senator Gareth Evans)--That the request be

not pressed.

Senator Alston moved the following amendment:

Omit all words after "That", substitute the following:

"(1) The request be not pressed.

"(2) The following additional amendments be made in substitution for

the request:

(a) Clause 3, page 25, proposed subsection 193(1), formula, omit

"$121 million", substitute "($121 million +$AE)".

(b) Clause 3, page 26, proposed subsection 193(1), line 1, after

"where", insert the following definition:

""$AE' means administrative expenses of not less than $3

million to be appropriated by the Parliament from the

Consolidated Revenue Fund for the purposes of section 192SA;".

"(3) The following amendments be agreed to in substitution for the

previous amendments to which they relate:

(a) For previous amendment no. 52, substitute the following

amendment:

Clause 3, page 23, before proposed section 192S, insert the

following section:

Expenses of day-to-day administration of the Indigenous Land

Corporation

First category A year

" "192SA.(1) In the first category A year, expenditure by the

Indigenous Land Corporation on the expenses of the day-to-day

administration of the Indigenous Land Corporation must not

exceed $3 million or such higher amount as is appropriated by

the Parliament from the Consolidated Revenue Fund for this

purpose.

Second category A year

"(2) In the second and any later category A year,

expenditure by the Indigenous Land Corporation on the

day-to-day administration of the Indigenous Land Corporation

must not exceed the amount worked out using the formula:

Indexation factor x ($3 million or such higher amount as

is appropriated by the Parliament from

the Consolidated Revenue Fund for this

purpose)

where:

"Indexation factor" means the indexation factor for the year

worked out under section 193D.

Definition

"(3) Subject to subsection (4), in this section "expenses of

day-to-day administration" include:

(a) the salaries, wages, remuneration, allowances,

expenses or any other payments made to employees of

the Indigenous Land Corporation;

(b) any expenses arising from the acquisition, lease or

use of:

(i) any interest in land acquired, or leased or used by

the Indigenous Land Corporation to provide office

accommodation for the purposes of the Indigenous

Land Corporation; or

(ii) any vehicle or aircraft for transportation, land

surveys or similar purposes by the Indigenous Land

Corporation; or

(iii) any plant, equipment or thing for the purposes of

the Indigenous Land Corporation;

(c) any fees, allowances, expenses, charges, retainers,

honorariums or any other costs arising from the

engagement, use or retention of independent legal

practitioners, real estate valuers, land surveyors,

engineers, financial or managerial advisers, or

consultants of any kind for the purposes of the

Indigenous Land Corporation;

(d) any costs, charges or payments of any kind to, or to

an instrumentality or authority of, the Commonwealth,

a State or a Territory, or to any local government

body within a State, for any goods or services used by

the Indigenous Land Corporation;

(e) any costs or expenses payable by the Indigenous Land

Corporation arising from the creation of a subsidiary

within the meaning of section 191G;

(f) without affecting section 192A, any other

administrative expenses incurred by the Indigenous

Land Corporation.

"(4) To avoid doubt, it is declared that expenses of

day-to-day administration do not include:

(a) any moneys paid under a contract to a vendor for the

acquisition by the Indigenous Land Corporation of an

interest in land acquired for the purpose of making

grants under paragraph 191D(a);

(b) any grants of money paid to:

(i) an Aboriginal or Torres Strait Islander corporation;

or

(ii) Aboriginal persons; or

(iii) Torres Strait Islanders; or

(iv) trustees of Aboriginals or Torres Strait Islander

trusts;

for the purposes of section 191D;

(c) expenses directly incurred in performanceof land

management functions under section 191E;

(d) grants or loans for the purposes of paragraph

191E(1)(d) or (e);

(e) interest payable on any moneys borrowed under section

193L.

"(5) It is the wish of the Parliament that, as far as is

reasonable and practicable, consistent with the efficient

and effective performance of its functions, the Indigenous

Land Corporation and the Indigenous Land Corporation General

Manager are to minimise expenditure on the expenses of the

day-to-day administration of the Indigenous Land

Corporation.

"(6) Where, in any category A year, as a result of

subsection (5), expenditure by the Indigenous Land

Corporation on day-to-day administration is less than the

amount provided for by this section for that year, the

savings are, as far as is practicable, to be used for land

acquisition functions in the following year.".

(b) For previous amendment no. 53, substitute the following

amendment:

Clause 3, page 26, proposed subsection 193A(1), line 27, omit

"$25 million", substitute "$28 million or such higher amount

as is appropriated by the Parliament from the Consolidated

Revenue Fund for this purpose".

(c) For previous amendment no. 54, substitute the following

amendment:

Clause 3, page 27, proposed subsection 193A(4), formula, omit

"$24 million", substitute "$27 million or such higher amount

as is appropriated by the Parliament from the Consolidated

Revenue Fund for this purpose".

(d) For previous amendment no. 55, substitute the following

amendment:

Clause 3, page 27, proposed subsection 193A(6), definition of

"Adjusted previous year's designated funding amount", line 32,

omit "$24 million", substitute "$27 million or such higher

amount as is appropriated by the Parliament from the

Consolidated Revenue Fund for this purpose".

(e) For previous amendment no. 56, substitute the following

amendment:

Clause 3, page 27, proposed subsection 193A(6), definition of

"Adjusted previous year's designated funding amount", line 33,

omit "$45 million", substitute "$48 million or such higher

amount as is appropriated by the Parliament from the

Consolidated Revenue Fund for this purpose".

(f) For previous amendment no. 3, substitute the following

amendment:

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

following subsection:

" "(4) In performing its land acquisition functions, the

Indigenous Land Corporation must take reasonable steps to

inform itself whether any interest to be acquired in land is

subject to native title or native title rights and interests

within the meaning of section 223 of that Act.".

(g) In previous amendment no. 4,

proposed paragraph 191AB(b), omit the paragraph, substitute

the following paragraph:

"(b) if a conflict arises as to the allocation of the

resources of the Fund, priority is to be given to

those who suffer most disadvantage in relation to

access to land or who are unable to gain substantive

title to land;".

(h) For previous amendment no. 26, substitute the following

amendment:

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 those Aboriginal

and Torres Strait Islander people having traditional or

historic links with the land.".

Debate ensued.

Senator Ellison, by leave, withdrew paragraph 3(f) and substituted the

following paragraph:

(f) For previous amendment no. 3, substitute the following

amendment:

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

following subsection:

" "(4) In performing its land acquisition functions, the

Indigenous Land Corporation must search any relevant

Registers of the National Native Title Tribunal to ascertain

whether any claims have been lodged or accepted or

determined in relation to land under consideration for

acquisition.".

Debate continued.

The question for the amendment was divided.

Question--That paragraph 3(f) be agreed to--put and passed.

Debate continued.

Senator Ellison, by leave, amended paragraph 3(h) as follows:

Omit "Permission of traditional owners", substitute "Consultation".

Question--That paragraph 3(h) be agreed to--put and passed.

Debate continued.

At 12.45 p.m.--

Leave refused: Senator Gareth Evans sought leave for proceedings on the

message to continue.

An objection was raised and leave was not granted.

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

Temporary Chairman of Committees (Senator Herron) reported progress.