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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


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


"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:


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"4A.(1) Unless and until this section is expressly repealed, the fact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


(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.