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4       Native Title Amendment (Indigenous Land Use Agreements) Bill 2017

Order of the day read for the consideration of the bill in committee of the whole.

 

 

 

In the committee

Bill taken as a whole by leave.

Explanatory memoranda : The Attorney-General (Senator Brandis) tabled supplementary explanatory memoranda [3] relating to the government amendments to be moved to the bill.

Question—That the bill stand as printed—divided, at the request of Senator Brandis, in respect of Schedule 1, items 4, 6 and 11.

Items debated.

Question—That Schedule 1, items 4, 6 and 11 stand as printed—put and negatived.

On the motion of Senator Brandis the following amendment was agreed to:

Schedule 1, item 9, page 5 (line 26), after “native”, insert “title”.

Senator Brandis moved the following amendment:

Schedule 1, item 9, page 5 (after line 26), after subitem (1), insert:

(1A) This item also applies if:

                              (a)  paragraphs (1)(a) and (b) apply to an agreement; and

                              (b)  the agreement was not an indigenous land use agreement (within the meaning of that section) only because:

                                                  (i)   if there was only one registered native title claimant in relation to land or waters in the area—none of the persons who comprised that registered native title claimant was a party to the agreement; and

                                                 (ii)   if there was more than one registered native title claimant in relation to land or waters in the area—for any registered native title claimant, none of the persons who comprised that registered native title claimant was a party to the agreement; and

                               (c)  the agreement was registered on the Register of Indigenous Land Use Agreements on or before 2 February 2017.

Debate ensued.

Question—That the amendment be agreed to—put and passed. All Australian Greens senators, by leave, recorded their votes for the noes.

Senator Siewert moved the following amendments together by leave:

Schedule 1 , item 9 , page 5 (line 26) , at the end of subitem ( 1 ), add:

                    ; and (e)  the agreement was registered on the Register of Indigenous Land Use Agreements on or before 2 February 2017.

Schedule 1 , item 9 , page 5 (lines 30 to 32) , omit “Without limiting subitem (2), if on or before 2 February 2017 the agreement was registered on the Register of Indigenous Land Use Agreements, then the”, substitute “ The ”.

Schedule 1 , item 12 , page 7 (lines 13 to 16) , omit subitem ( 1 ), substitute:

(1)    This item applies to an agreement if, if the agreement had been registered on the Register of Indigenous Land Use Agreements on or before 2 February 2017, item 9 would have applied to the agreement except for the application of subitem 9(4).

Debate ensued.

Question—That the amendments be agreed to—put.

The committee divided—

AYES, 9

Senators—

Di Natale

McKim

Rice

Waters

Hanson-Young

Rhiannon

Siewert*

Whish-Wilson

Ludlam

 

 

 

NOES, 38

Senators—

Abetz

Dodson

Hinch

McKenzie

Back

Duniam

Hume

O’Sullivan

Bernardi

Farrell

Kakoschke-Moore

Paterson

Birmingham

Fifield

Ketter

Payne

Brandis

Gallacher

Lambie

Pratt

Burston

Gallagher

Macdonald

Ruston

Bushby

Georgiou

Marshall

Sinodinos

Cash

Gichuhi

McAllister*

Sterle

Cormann

Griff

McCarthy

Williams

Dastyari

Hanson

 

* Tellers

Question negatived.

Question—That the bill, as amended, be agreed to—divided, at the request of Senator Siewert, in respect of Schedule 1, item 10.

Schedule 1, item 10 agreed to.

Bill, as amended, agreed to and reported with amendments.

 

 

 

The Deputy President (Senator Lines) resumed the chair and the Chair of Committees reported accordingly.

On the motion of Senator Brandis the report from the committee was adopted.

Senator Brandis moved—That this bill be now read a third time.

Question put.

The Senate divided—

AYES, 46

Senators—

Abetz

Duniam

Ketter

Payne

Back

Farrell

Lambie

Pratt

Bernardi

Fifield

Lines

Ruston

Birmingham

Gallacher

Macdonald

Seselja

Brandis

Gallagher

Marshall

Sinodinos

Burston

Georgiou

McAllister

Smith

Bushby

Gichuhi

McCarthy

Sterle

Cash

Griff

McKenzie

Urquhart

Chisholm

Hanson

O’Neill

Watt

Collins

Hinch

O’Sullivan

Williams*

Cormann

Hume

Paterson

Xenophon

Dodson

Kakoschke-Moore

 

 

 

NOES, 9

Senators—

Di Natale

McKim

Rice

Waters

Hanson-Young

Rhiannon

Siewert*

Whish-Wilson

Ludlam

 

* Tellers

Question agreed to.

Bill read a third time.