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Native Title Amendment Bill 2007

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5192

 

2004-2005-2006-2007

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

Native Title Amendment Bill 2006

 

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

[eligible bodies]

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

[eligible bodies]

(Amendments (3), (4) and (5) are alternatives to amendment (2))

(3)     Schedule 1, item 7, page 4 (lines 29 and 30), omit “The period specified must be of no less than 1 year and no more than 6 years.”.

[recognition period]

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

7A  After subsection 203A(1)

Insert:

          (1A)  If an eligible body has been recognised, the Minister must, not less than 90 days before the expiration of the period of recognition specified under section 203AD, invite the representative body to apply for a further period of recognition as the representative body for that area.

[extension of recognition period]

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

7B  After subsection 203A(3)

Insert:

          (3B)  Subject to subsection (3C), the period to be specified in an invitation is to be 6 years.

          (3C)  When, pursuant to subsection (1A), the Minister gives an invitation to an eligible body that has been recognised, the Minister may specify a period less than 6 years, but not less than 2 years, if, during the current period of recognition:

                     (a)  the body has failed, in a material respect, to comply with conditions to which funding is subject pursuant to section 203CA; or

                     (b)  the body has failed, in a material respect, to comply with section 203DA; or

                     (c)  the body has failed, in a material respect, to comply with section 203DB; or

                     (d)  there have been serious or repeated irregularities in the financial affairs of the representative body; or

                     (e)  the body has not satisfactorily performed its functions.

[recognition]

(6)     Schedule 1, item 8, page 4 (line 31) to page 6 (line 8), TO BE OPPOSED .

[recognition of bodies]

(7)     Schedule 1, item 12, page 6 (lines 28 and 29), TO BE OPPOSED .

[limitation of representative bodies-review]

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

[recognition of bodies]

(9)     Schedule 1, items 18 to 20, page 8 (line 26) to page 13 (line 16), TO BE OPPOSED .

[recognition of bodies]

(Amendments (10) to (13) are alternatives to amendment (9))

(10)   Schedule 1, item 18, page 9 (lines 18 and 19), omit paragraph 203AE(4)(b).

[public consultation]

(11)   Schedule 1, item 18, page 9 (lines 30 to 35), omit subsection 203AE(6).

[public consultation]

(12)   Schedule 1, item 19, page 11 (lines 23 and 24), omit paragraph 203AF(4)(b).

[public consultation]

(13)   Schedule 1, item 19, page 12 (lines 4 to 9), omit subsection 203AF(6).

[public consultation]

(14)   Schedule 1, items 23 and 24, page 13 (line 26) to page 14 (line 7), TO BE OPPOSED .

[limitation of representative bodies-review]

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

[organisational structure]

(Amendment (16) is an alternative to amendment (15))

(16)   Schedule 1, item 27, page 14 (lines 24 and 25), omit “the body’s organisational structures and administrative processes will operate, or are operating, in a fair manner”, substitute “on the basis of published criteria:

                     (a)  the body’s organisational structures and administrative processes will operate, or are operating, in a fair manner; and

                     (b)  there has been satisfactory compliance with approved statutory plans under section 203D; and

                     (c)  the body has effective planning procedures in place and complies with them; and

                     (d)  there has been satisfactory representation and effective consultation with constituents.”.

[criteria for ensuring ministerial discretion]

(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.

[link-funding and recognition]

(18)   Schedule 1, item 31, page 15 (lines 3 and 4), TO BE OPPOSED .

[accountability]

(19)   Schedule 2, item 2, page 25 (line 14) to page 26 (line 7), TO BE OPPOSED .

[Registrar’s role]

(Amendment (20) is an alternative to amendment (19))

(20)   Schedule 2, item 2, page 26 (after line 5), after subsection 66C(2), insert:

          (2A)  Advice by the NNTT Registrar in accordance with subsection (1) is not of itself sufficient for the dismissal of the proceedings but the Federal Court retains its discretion to do so.

[discretion of court retained]

(21)   Schedule 2, item 31, page 29 (lines 19 to 29), TO BE OPPOSED .

[court enforcement mechanism]

(22)   Schedule 2, item 33, page 30 (lines 3 to 14), TO BE OPPOSED .

[regional mediation progress reports ]

(Amendment (23) is an alternative to amendment (22))

(23)   Schedule 2, page 30 (after line 14), after item 33, insert:

33A  At the end of section 86E

Add:

             (3)  A report or a plan in accordance with paragraph (2)(a) or (b) must:

                     (a)  be prepared after consultation by the NNTT with all representative bodies in whose areas the region concerned is located; and

                     (b)  must take account of the views of and the terms of any operational or strategic plan of those representative bodies.

[consultation before reporting]

(24)   Schedule 2, item 35, page 31 (lines 1 to 3), omit subparagraph 87A(1)(c)(ii).

 [definition]

(25)   Schedule 2, item 36, page 32 (line 19) to page 35 (line 3), TO BE OPPOSED .

[NNTT mediation]

(Amendment (26) is an alternative to amendment (25))

(26)   Schedule 2, item 36, page 32 (after line 33), at the end of section 94B, add:

             (2)  If a report is provided to the Court under subsection (1), a copy of the report must also be provided to the other party to the proceedings.

[copy of report to other party]

(27)   Schedule 2, item 45, page 36 (lines 5 to 8), TO BE OPPOSED .

[parties to attend conference]

(28)   Schedule 2, item 47, page 36 (lines 14 to 25), TO BE OPPOSED .

[producing documents ]

(29)       Schedule 2, item 48, page 37 (lines 4 to 8), omit subsection 136DA(1), substitute:

             (1)  Subject to subsections (2) and (3), if the presiding member considers that a party to a proceeding:

                     (a)  is not a person covered by paragraph 66(3)(a); and

                     (b)  does not have an interest that may be effected by a determination in the proceeding;

he or she may refer to the Federal Court the question of whether the party should cease to be a party to the proceeding.

[definition-relevant interest]

(30)   Schedule 2, item 51, page 38 (line 15) to page 39 (line 2), TO BE OPPOSED .

[mediation progress reports]

(31)   Schedule 2, items 53 to 67, page 41 (line 18) to page 50 (line 19), TO BE OPPOSED .

[review of native title rights]

(Amendments (32) to (36) are alternatives to amendment (31))

(32)   Schedule 2, item 53, page 42 (line 7), at the end of subsection 136GC(2), add:

             ; and (c)  the applicant has consented to the review being conducted.

[applicants consent for review]

(33)   Schedule 2, item 53, page 44 (line 17), omit “may provide”, substitute “must obtain the consent of a party before providing”.

[parties’ consent required]

(34)   Schedule 2, item 57, page 46 (lines 8 to 10), omit subsection 138B(3).

[mediation]

(35)   Schedule 2, item 62, page 49 (line 11), after “so”, insert “and the consent of the parties has been obtained”.

[consent for public hearings]

(36)   Schedule 2, item 67, page 50 (line 18), after “must”, insert “, if the parties have consented,”.

[consent required for reports to federal court]

(37)   Schedule 2, item 73, page 51 (line 26) to page 52 (line 22), TO BE OPPOSED .

[no application for review]

(38)   Schedule 3, item 2, page 60 (lines 8 to 13), TO BE OPPOSED .

[binding agreements]