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ABORIGINAL EDUCATION (SUPPLEMENTARY ASSISTANCE) AMENDMENT BILL 1995

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

Parliamentary Secretary to the Minister for Primary Industries and

Energy (Senator Sherry)--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.

On the motion of Senator Bell the following amendments, taken together

by leave, were debated and agreed to:

Clause 1, page 1, line 3, omit "Aboriginal ", substitute "Indigenous ".

Schedule, page 2, before item 1 insert the following items:

"1A. Title:

Omit "Aboriginals', substitute "Indigenous persons'.

1B. Section 1:

Omit "Aboriginal', substitute "Indigenous'.

1C. Section 3 (definition of Aboriginal):

Omit the definition, insert the following definition in

alphabeticalorder:

"Indigenous when it refers to a person means a member of the Aboriginal

race of Australia, and includes a descendant of the indigenous

inhabitants of the Torres Strait Islands.'.

1D. Sections 3 to 14 (inclusive):

Omit "Aboriginal' (wherever occurring), substitute "Indigenous'.".

Senator Chamarette moved the following amendment:

Schedule, page 2, before item 1 insert the following item:

"1E. After section 4:

Insert:

Convention gives rise to legitimate expectations

"4A.(1) Unless and until this section is expressly repealed, the fact

that Australia is a party to the Convention on the Elimination of all

Forms of Racial Discrimination gives rise to a legitimate expectation,

on the part of any person, that, to any extent that this Act does

anything less than implement the requirements of the Convention:

(a) an administrative decision will be made in conformity with the

requirements of the Convention; or

(b) if the decision were to be made contrary to any of those

requirements, any person affected by the decision would be given

notice and an adequate opportunity to present a case against the

taking of such a course.

"(2) In this section:

administrative decision means:

(a) a decision by or on behalf of the Commonwealth under this Act;

or

(b) a decision by or on behalf of an authority of, or office holder

of, the Commonwealth under this Act;

that is a decision of an administrative character and includes such a

decision reviewing, or determining an appeal in respect of, a decision

made before the commencement of this Act.'.".

Debate ensued.

At 6.50 p.m.: The Acting Deputy President (Senator Chapman) resumed the

Chair and the Temporary Chairman of Committees (Senator Colston)

reported progress.