7th Aug 2007, 9:10 PM – Representatives Northern Territory National Emergency Response Bill 2007 - Consideration in Detail - Review and Racial Discrimination Act

This division relates to the Policy For the NT National Emergency Response.

The majority voted against amendments introduced by Labor MP Jenny Macklin, which means that they were rejected. The amendments were:

(1) Page 9, after clause 5 (after line 14) insert: 5A Review of operation etc of Part 4 The Minister must cause to be conducted, as soon as practicable after the first anniversary of the day on which this Act receives the Royal Assent, a review of the operation and effectiveness of Part 4 (Acquisition of rights, titles and interests in land).

(2) Clause 132, page 93, (lines 12-17), omit subclauses (1) and (2), substitute:

(1) Subject to subsection (3), the provisions of this Act, and any acts done under or for the purposes of those provisions, are, for the purposes of the Racial Discrimination Act 1975, special measures and are consistent with Part 2 of the Racial Discrimination Act 1975.

(2) Subject to subsection (3), the provisions of this Act, and any acts done under or for the purposes of those provisions, are not laws as described by subsection 10(3) of the Racial Discrimination Act 1975.

Ms Macklin explained that amendment (1) would require a review to be conducted of the part of the bill that deals with the acquisition of rights, titles and interests in land, which relates principally to the new five-year leases over township areas and also the town camps.(Read Ms Macklin's full explanation here. )

Amendment (2) relates to the Racial Discrimination Act and reflects an amendment made earlier.(See that earlier amendment here. )

Background to the bill

The bill was introduced along with four other bills:

• the Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Bill 2007
• the Social Security and Other Legislation Amendment (Welfare Payment Reform) Bill 2007
• the Appropriation (Northern Territory National Emergency Response) Bill (No. 1) 2007-2008, and
• the Appropriation (Northern Territory National Emergency Response) Bill (No. 2) 2007-2008.

This legislation was introduced in response to the Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse, known as the Little Children are Sacred report, which was publicly released on 15 June 2007.(Read more about the background of the bills in the interim bills digest. ) That report came after concerns were raised on ABC's Lateline program in 2006.(Read the transcript for the Lateline programs that addressed the issue of child abuse in Indigenous communities in the Northern Territory here (the May 2006 program) and here (the June 2006 program).)