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LAND FUND AND INDIGENOUS LAND CORPORATION (ATSIC AMENDMENT) BILL 1995

Order read for the adjourned debate on the motion of the Minister for

Defence (Senator Ray)--That this bill be now read a second time.

Debate resumed.

Question put and passed.

Bill read a second time.

The Senate resolved itself into committee for the consideration of the

bill.

In the committee

Bill taken as a whole by leave.

Senator Chamarette moved the following request for an amendment and

amendments together by leave:

That the House of Representatives be requested to make the following

amendment:

Clause 3, pages 27 and 28, proposed subsections 193 (1) to (3), line 32

(page 27) to line 12 (page 28), omit the subsections, substitute the

following subsections:

" "(1) On the first business day in the first category A year, there

is to be credited to the Land Fund such percentage of 1% of the total

Commonwealth revenue collected from all sources in the previous

financial year as equals:

where N is the number of days remaining in the first category A year

after the commencement of this section.

"(2) On the first business day in the second category A year or a

later category A year, there is to be credited to the Land Fund 1% of

the total Commonwealth revenue collected from all sources in the

previous financial year.".

Clause 3, pages 29 and 30, proposed section 193A, line 21 (page 29) to

line 5 (page 31), omit the section, substitute the following section:

Use of Land Fund monies

" "193A.(1) Monies credited to the Land Fund may not be invested other

than in the manner for the time being authorised by an Act or a State

or Territory Act for the investment of trust funds.

"(2) In each category A year, as far as practicable, not less than 75%

of the monies credited to the Land Fund in that year pursuant to

section 193 must be invested.".

Clause 3, pages 31 to 35, proposed sections 193B to 193H, line 6 (page

31) to line 24 (page 35), omit the sections.

Clause 5, page 46, paragraph (d), definition of "category B year", lines

16 and 17, omit the definition.

Debate ensued.

Question--That the request for an amendment and amendments be agreed

to--put and negatived.

Senator Chamarette moved the following amendments together by leave:

Clause 3, page 3, proposed subsection 191D(1), lines 19 to 31, omit the

subsection, substitute the following subsection:

Functions

" "191D.(1) The land acquisition functions of the Indigenous Land

Corporation are as follows:

(a) to grant interests in land to:

(i) Aboriginal or Torres Strait Islander corporations; or

(ii) Aboriginal persons; or

(iii) Torres Strait Islanders; or

(iv) trustees of Aboriginal or Torres Strait Islander trusts;

(b) to acquire by agreement interests in land for the purpose of

making grants under paragraph (a);

(c) to make grants of money to:

(i) Aboriginal or Torres Strait Islander corporations; or

(ii) Aboriginal persons; or

(iii) Torres Strait Islanders; or

(iv) trustees of Aboriginal or Torres Strait Islander trusts;

for the acquisition of interests in land;

(d) to guarantee loans made to:

(i) Aboriginal or Torres Strait Islander corporations; or

(ii) Aboriginal persons; or

(iii) Torres Strait Islanders; or

(iv) trustees of Aboriginal or Torres Strait Islander trusts;

for the purpose of the acquisition of interests in land.

Note 1: "Interest in land' is defined by section 4.

Note 2: "Aboriginal or Torres Strait Islander corporation' is defined

by section 4.

Note 3: "Aboriginal or Torres Strait Islander trust' is defined by

section 4.".

Clause 3, page 4, proposed paragraphs 191D(3)(a) and (b), lines 14 to

27, omit the paragraphs, substitute the following paragraphs:

"(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;

or

(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;

(b) in a case where the Indigenous Land Corporation acquires an

interest in land for the purpose of making a grant of the

interest to:

(i) Aboriginal or Torres Strait Islander corporations; or

(ii) Aboriginal persons; or

(iii) Torres Strait Islanders; or

(iv) trustees of Aboriginal or Torres Strait Islander trusts;

that grant being made as soon as is practicable after that

acquisition.".

Clause 3, page 11, proposed paragraph 191J(1)(b), lines 1 to 5, omit the

paragraph, substitute the following paragraph:

"(b) the Indigenous Land Corporation or the subsidiary, as the case

requires, considers that it no longer needs to hold the

interest for the purpose of making a grant of the interest to:

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

(ii) an Aboriginal person; or

(iii) a Torres Strait Islander; or

(iv) a trustee of an Aboriginal or Torres Strait Islander trust;

within a reasonable time after that acquisition.".

Clause 3, page 12, paragraph 191N(2)(a), lines 4 and 5, omit the

paragraph, substitute the following paragraph:

"(a) the acquisition of interests in land for the purpose of making

grants of those interests to:

(i) Aboriginal or Torres Strait Islander corporations; or

(ii) an Aboriginal person; or

(iii) a Torres Strait Islander; or

(iv) a trustee of an Aboriginal or Torres Strait Islander

trust;".

Clause 3, page 13, paragraph 191P(4)(a), lines 12 to 14, omit the

paragraph, substitute the following paragraph:

"(a) the acquisition of interests in land in the regional area for

the purpose of making grants of those interests to:

(i) Aboriginal or Torres Strait Islander corporations; or

(ii) Aboriginal persons; or

(iii) Torres Strait Islanders; or

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

Clause 3, pages 14 and 15, proposed section 191S, line 13 (page 14) to

line 12 (page 15), omit "body corporate" (wherever occurring),

substitute "person".

Clause 3, page 15, proposed section 191T, omit "body corporate"

(wherever occurring), substitute "person".

Clause 3, page 16, proposed subsection 191U(1), lines 3 to 18, omit

"body corporate" (wherever occurring), substitute "person".

Clause 5, page 46, paragraph (d), after proposed definition of

"Aboriginal or Torres Strait Islander Corporation", insert the following

definition:

" "Aboriginal or Torres Strait Islander trust' means a trust where each

person who benefits, or is capable (whether by the exercise of a power

of appointment or otherwise) of benefiting, under the trust is:

(a) an Aboriginal person; or

(b) a Torres Strait Islander; or

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

Debate ensued.

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

Senator Chamarette moved the following amendments together by leave:

Clause 3, page 10, proposed subsubparagraph 191J(1)(a)(ii)(B), line 36,

omit "and".

Clause 3, page 11, proposed paragraph 191J(1)(b), lines 1 to 5, omit the

paragraph.

Clause 3, page 11, 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).".

Debate ensued.

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

Senator Chamarette moved the following amendments together by leave:

Clause 3, page 17, proposed subsection 191X(2), line 21, omit "at least

4 other", substitute "at least 5 other".

Clause 3, page 17, after proposed subsection 191X(2), insert the

following subsection:

" "(2A) Not less than 50% of the Aboriginal persons and/or Torres

Strait Islanders referred to in subsection (2) must be women.".

Debate ensued.

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

Senator Chamarette moved the following amendment:

Clause 3, page 45, at end of proposed Part 4A, add the following

Divisions:

" "Division 15--Non-compensation for Dispossession

Non-compensation for dispossession

Part is not intended as compensation for dispossession

" "193U.(1) Nothing in this Part is intended as compensation for the

dispossession that Aboriginal people and Torres Strait Islanders have

suffered.

Act does not prevent claims being made for compensation

"(2) Nothing in this Act prevents a claim being made for compensation

or restitution by Aboriginal persons or Torres Strait Islanders in

respect of that dispossession.

"Division 16--Extinguishment of native title rights and

interest to be disregarded

Extinguishment of Native Title not to apply

"193V. Any extinguishment of the native title rights and interest must

be disregarded in any lands purchased, dedicated or set aside for the

benefit of Aboriginal people or Torres Strait Islanders, whether under

this Act or any other law.".

Debate ensued.

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

Bill agreed to.

Bill to be reported without amendment.

The Deputy President (Senator Crichton-Browne) resumed the Chair and the

Temporary Chairman of Committees (Senator West) reported accordingly.

On the motion of the Minister for Foreign Affairs (Senator Gareth Evans)

the report from the committee was adopted.

Senator Gareth Evans moved--That this bill be now read a third time.

Debate ensued.

Question put.

The Senate divided--

AYES, 47

Alston Baume Bell Boswell Bourne Brownhill Burns Carr Chapman Coates Colston Cooney Coulter Denman Devereux Ellison Evans, Christopher Evans, Gareth Ferguson Foreman (Teller) Forshaw Gibson Harradine Herron Hill Jones Kemp Kernot Knowles Lees Loosley McGauran McKiernan Murphy Neal Panizza Patterson Reynolds Spindler Tambling Teague Tierney Troeth Vanstone Watson West Woodley

NOES, 2

Chamarette (Teller) Margetts

Question agreed to.

Bill read a third time.