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senate vote 2021-11-30#7
Edited by
mackay staff
on
2021-12-02 13:09:32
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Title
Bills — Aboriginal Land Rights (Northern Territory) Amendment (Economic Empowerment) Bill 2021; in Committee- Aboriginal Land Rights (Northern Territory) Amendment (Economic Empowerment) Bill 2021 - in Committee - Progress reports
Description
<p class="speaker">Lidia Thorpe</p><p>by leave—I move amendments (1) and (2) on sheet 1454 together:</p>-
- The majority voted in favour of amendments (1) and (2) on [sheet 1514](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Famend%2Fr6766_amend_72d28e9f-d2cf-4a5d-b773-d021d176dbec%22), which were moved by Victorian Senator [Lidia Thorpe](https://theyvoteforyou.org.au/people/senate/victoria/lidia_thorpe) (Greens). These amendments will now form part of [the bill](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6766) and be sent back to the House of Representatives for their consideration.
- The amendments introduce a requirement for the Minister to request (and provide to parliament) progress reports on the Northern Territory Aboriginal Investment Corporation's strategic investment plan.
- ### Amendment text
- > *(1) Schedule 1, item 19, page 46 (line 4), omit “may”, substitute “must”.*
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- > *(2) Schedule 1, item 19, page 46 (after line 5), after subitem (4), insert:*
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- >> *(4A) The Minister must table a copy of any progress report given to the Minister in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.*
- ### What is this bill about?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2122a/22bd028), the bill's purpose "*is to amend the Aboriginal Land Rights (Northern Territory) Act 1976 (the Act) in four areas, covered by four Schedules:*
- * *Schedule 1 will establish the Northern Territory Aboriginal Investment Corporation (NTAIC) as a new Aboriginal-controlled corporate Commonwealth entity to strategically invest in Aboriginal businesses and commercial projects and make other payments to or for the benefit of Aboriginal peoples in the NT*
- * *Schedule 2 will amend the exploration and mining provisions of the Act in order to clarify and streamline a number of approval processes*
- * *Schedule 3 will amend and clarify land administration provisions, including on township leases, access to Aboriginal land, land under escrow and other matters*
- * *Schedule 4 will align payments from the Aboriginals Benefit Account (ABA) with the Commonwealth’s financial framework and the timing of mineral royalties payments from the Northern Territory (NT).*"
<p class="italic">(1) Schedule 1, page 4 (after line 13), after item 3, insert:</p><p class="italic">3A After subsection 64 (4)</p><p class="italic">Insert:</p><p class="italic">(4AA) The Minister must consult the Northern Territory Aboriginal Investment Corporation before giving a direction under subsection (4).</p><p class="italic">(2) Schedule 1, item 6, page 9 (before line 10), before paragraph 65BB(a), insert:</p><p class="italic">(aa) to advise the Minister in relation to debiting the Account for the purposes of making payments under subsection 64(4);</p> <p class="speaker">Zed Seselja</p><p>The government does not support amendment sheet 1454. Requiring the corporation to advise the minister on beneficial payments will entrench the current system of government approval of beneficial payments from the ABA corporations, moving decisions about Aboriginal money out of Canberra and into the Northern Territory from government into Aboriginal hands.</p> <p class="speaker">Kimberley Kitching</p><p>Labor will not be supporting these amendments. As stated in the explanatory memorandum, the bill has been designed to transfer responsibility for making beneficial payments under the land rights act from the minister to the NTAI Corporation. Conferring an advisory role on the NTAI Corporation could potentially undermine this intention and give rise to confusion about its function.</p><p>The CHAIR (18:54): The question is that amendments (1) and (2) on sheet 1454, as moved by Senator Thorpe, be agreed to.</p><p>Question negatived.</p> <p class="speaker">Lidia Thorpe</p><p>by leave—I move Greens amendments (1) to (7) on sheet 1449, revised:</p><p class="italic">(1) Clause 2, page 2 (after table item 6), insert:</p><p class="italic">(2) Schedule 1, item 4, page 5 (after line 20), at the end of section 64AA, add:</p><p class="italic">(5) The Minister must give a direction under subsection (4) at least once in each financial year starting on or after the third 1 July that occurs after the commencement of this section.</p><p class="italic">(3) Schedule 1, item 6, page 21 (line 7), after "independent", insert "Aboriginal".</p><p class="italic">(4) Schedule 1, item 6, page 21 (lines 21 to 25), omit subsection 65ED(3), substitute:</p><p class="italic">(3) A person is not eligible for appointment as a Board member under subsection (1) unless the person is an Aboriginal person.</p><p class="italic">(5) Schedule 1, item 6, page 21 (after line 33), after paragraph 65ED(4)(d), insert:</p><p class="italic">; or (e) holds a right that relates to an area in the Northern Territory and arises under any Australian law dealing with the rights of Aboriginal persons in relation to land or waters, including if the person is:</p><p class="italic">(i) a traditional Aboriginal owner of an area of land that is held by a Land Trust; or</p><p class="italic">(ii) a native title holder (within the meaning of the <i>Native Title Act 1993</i>) whose approved determination of native title (within the meaning of that Act) relates to an area in the Northern Territory; or</p><p class="italic">(iii) a registered native title claimant (within the meaning of the <i>Native Title Act 1993</i>) whose claimant application (within the meaning of that Act) relates to an area in the Northern Territory; or</p><p class="italic">(f) lives outside the Northern Territory.</p><p class="italic">(6) Schedule 1, item 6, page 38 (line 26), omit "7 years", substitute "3 years".</p><p class="italic">(7) Schedule 3, page 75 (after line 16), at the end of the Schedule, add:</p><p class="italic">Part 5 — Review of operation of Schedule</p><p class="italic">45 Review of operation of Schedule</p><p class="italic">(1) The Minister must cause a review of the operation of the amendments made by this Schedule to be undertaken as soon as possible after the end of 5 years after the commencement of Part 1 of this Schedule.</p><p class="italic">(2) The persons undertaking the review must give the Minister a written report of the review. The report must not include information that is commercially sensitive.</p><p class="italic">(3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.</p> <p class="speaker">Zed Seselja</p><p>The government does not support the amendments on sheet 1449 as they are unnecessary. The corporations funding process is consistent with the funding of the NT land councils and ensures the ABA balance remains sufficient to fund its other obligations, including distributions to traditional owners. The bill already enables the board to appoint Aboriginal people who are not landholders to the independent and land council positions and is focused on bringing specific skills and expertise to the board. A seven-year statutory review allows time for the corporation to be reviewed against a full strategic investment plan period. Ongoing review and evaluation is a more efficient mechanism to review the impact of the other amendments in the bill. Traditional owners will retain the right of free, prior and informed group consent, including their right to veto any mining and exploration on Aboriginal land in the Northern Territory.</p> <p class="speaker">Kimberley Kitching</p><p>Labor will not be supporting these amendments. The bill already provides for the new corporation to have an Aboriginal controlled board and an appropriately timed statutory review. The new corporation should be afforded the opportunity to demonstrate success from its strategic investments. A review in just three years time would not provide adequate time and risks setting the new corporation up to fail, thus undermining rather than supporting increased Aboriginal control over the funds of the ABA. There will be opportunities to scrutinise the corporation's strategic investment plan and progress reports, which Labor supports being tabled in parliament. We intend to make full use of these opportunities to ensure that the corporation is operating appropriately.</p><p class="italic">The CHAIR: We are dealing with amendments (1) to (7) on sheet 1449, revised, and moved by leave by Senator Thorpe. The question is that the amendments be agreed to.</p><p>Question negatived.</p> <p class="speaker">Lidia Thorpe</p><p>by leave—I move Greens amendments (1) and (2) on sheet 1514:</p><p class="italic">(1) Schedule 1, item 19, page 46 (line 4), omit "may", substitute "must".</p><p class="italic">(2) Schedule 1, item 19, page 46 (after line 5), after subitem (4), insert:</p><p class="italic">(4A) The Minister must table a copy of any progress report given to the Minister in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.</p> <p class="speaker">Kimberley Kitching</p><p>Labor supports this amendment, which would require the minister to request progress reports on the NTAI Corporation's strategic investment plan. We note that this was a recommendation of the Scrutiny of Bills Committee. It is appropriate and consistent with principles of transparency that progress reports should be open to parliamentary scrutiny. There are various options available to the minister to allow for the removal or confidentiality of any genuinely sensitive material.</p> <p class="speaker">Zed Seselja</p><p>The government opposes these amendments. The bill includes strong transparency arrangements, including tabling a strategic investment plan in parliament. The strategic investment plan will include consultation with Aboriginal people and organisations in the Northern Territory.</p><p>The CHAIR (19:02): We are dealing with amendments (1) and (2) on sheet 1514, moved by leave by Senator Thorpe. The question is that the amendments be agreed to.</p><p></p><p></p> -
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