5201-revised

2004-2005-2006-2007

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

Native Title Amendment Bill 2006

 

(Amendments to be moved by Senator Siewert on behalf of the Australian Greens in committee of the whole)

(1)     Schedule 1, items 2 to 4, page 3 (line 21) to page 4 (line 3), TO BE OPPOSED .

[transition period]

(2)     Schedule 1, item 5, page 4 (lines 4 to 6), TO BE OPPOSED .

[non-Indigenous not to be representative bodies]

(3)     Schedule 1, item 6, page 4 (lines 7 to 24), TO BE OPPOSED .

[transition period]

(4)     Schedule 1, item 7, page 4 (lines 27 to 30), omit subsection 203A(3A), substitute:

          (3A)  The invitation may specify the period for which an eligible body would be recognised, if the body successfully applied for recognition. The period specified must be no less than 3 years   and no more than 6 years.

[minimum recognition 3 years]

          (Amendment (4) is an alternative to amendment (5))

(5)     Schedule 1, item 7, page 4 (lines 25 to 30), TO BE OPPOSED .

[periodic recognition]

(6)     Schedule 1, page 4 (after line 30), after item 7, insert:

7A  After subsection 203A(3)

Insert:

          (3B)  If an eligible body has been recognised, the Minister must, before the expiration of the period of recognition mentioned in subsection (3A), invite the representative body for a further period of recognition.

[extension of recognition period]

(7)     Schedule 1, page 4 (after line 30), after item 7, insert:

7B  After subsection 203A(3)

Insert:

          (3C)  If a recognition period for a representative body has been specified under subsection 203A(3A) for a period of less than 6 years, the Minister must give to the applicant a reason in writing for having specified a period of less than 6 years .

[reasons for shorter recognition period]

(8)     Schedule 1, page 4 (after line 30), after item 7, insert:

7C  After subsection 203A(3)

Insert:

          (3D)  If a recognition period for a representative body has been specified under subsection 203A(3A), the Minister must invite that representative body to apply for further recognition no later than 6 months before the end of that recognition period, except in circumstances where notice is given by the Minister at or before this point in time of an intention to withdraw recognition in accordance with subsections 203AH(2) and (3).

[Minister to invite reapplication]

(9)     Schedule 1, items 8 to 11, page 4 (line 31) to page 6 (line 27), TO BE OPPOSED .

[transition period]

(10)   Schedule 1, item 13, page 6 (lines 30 and 31), TO BE OPPOSED .

[representation/consultation criteria]

(11)   Schedule 1, items 14 to 16, page 6 (line 32) to page 8 (line 18), TO BE OPPOSED .

[transition period]

(12)   Schedule 1, item 18, page 8 (line 26) to page 10 (line 31), TO BE OPPOSED .

[extension of areas]

(13)   Schedule 1, item 19, page 10 (line 32) to page 13 (line 4), TO BE OPPOSED .

[variation of areas]

(14)   Schedule 1, item 20, page 13 (lines 5 to 16), TO BE OPPOSED .

[representation/consultation criteria]

(15)   Schedule 1, item 24, page 13 (line 28) to page 14 (line 7), TO BE OPPOSED .

[representation/consultation criteria]

(16)   Schedule 1, item 27, page 14 (lines 16 to 25), TO BE OPPOSED .

[representation/consultation criteria]

(17)   Schedule 1, page 14 (after line 27), after item 28, insert:

28A  After section 203C

Insert:

203CAA  Link between recognition and funding

                   It is a general principal of this Act that:

                     (a)  where recognition has been given to an eligible body in accordance with Division 2, the Secretary of the Department is required to provide funds to the recognised eligible body; and

                     (b)  funding will be provided for the duration of the period of recognition; and

                     (c)  funding periods and recognition periods will be of the same duration.

[funding equal to recognition period]