Native Title Legislation Amendment Bill 2020 - in Committee - Keep sections unchanged
Passed by a modest majority
No rebellions 64% attendance
The majority voted in favour of a motion to agree with the main idea of the bill. In parliamentary jargon, they voted to read the bill for a second time. The Senate can now discuss the bill in greater detail.
According to the bills digest:
The Bill ... contains nine schedules.
- Schedule 1 creates options for a native title applicant and group to change their internal decision making structures including allowing the group to place conditions on the applicant, allowing applicants to act by majority decision-making rather than unanimously as the default position, enabling removal of deceased or unable-to-act applicant members and creating succession planning.
- Schedule 2 enables Indigenous Land Use Agreements (ILUAs) to encompass areas where native title has been extinguished, increases flexibility of the processes to notify, register, and make minor amendments to ILUAs (including potentially more wide-ranging amendments permitted by a legislative instrument), and validates actions taken under ILUAs removed from the Register of ILUAs.
- Schedule 3 allows historical extinguishment of native title on land by national, state or territory parks, and pastoral leases owned/controlled by native title corporations to be disregarded. In the case of parks this is subject to agreement by the relevant government parties.
- Schedule 4 allows registered native title bodies corporate (RNTBCs) to be the claimant for compensation from extinguishment in most circumstances, instead of individual claimants undertaking a separate compensation process.
- Schedules 5 and 6 change the ways in which the Commonwealth Minister or government party can be a party to, or intervene in, native title proceedings. Schedule 6 also clarifies procedures to be followed if a native title holder or applicant objects to a future act, and requires the Native Title Registrar to maintain a record of section 31 agreements.
- Schedule 7 enables the National Native Title Tribunal (NNTT) to provide assistance to common law native title holders and RNTBCs to promote agreement about native title and the operation of the Act. The NNTT may charge a fee for this service. Schedule 7 also enables acting appointments to the NNTT during vacancy, absence or incapacity.
- Schedule 8 amends the CATSI Act provisions dealing with governance of RNTBCs. It includes requiring dispute resolution mechanisms, ensuring RNTBCs represent all common law native title holders, limiting the circumstances under which membership of an RNTBC can be cancelled, and enabling the Registrar to place an RNTBC under special administration if it has repeatedly or seriously failed to comply with its obligations under Native Title legislation. This Schedule creates a strict liability offence for failing to notify a former member of their membership cancellation as soon as practicable.
- Schedule 9 retrospectively confirms the validity of certain Native Title Act section 31 agreements (which chiefly pertain to mining and exploration on land under, or claimed as, native title) which may be affected by the McGlade decision if they were not signed by all members of the relevant native title body. Schedule 9 also provides for ‘just terms’ compensation for any acquisition of property, as required by section 51(xxxi) of the Constitution.
Nobody rebelled against their party.
|Australian Greens (100% turnout)||0 Yes – 9 No|
|Mehreen Faruqi NSW||No|
|Sarah Hanson-Young SA||No|
|Nick McKim Tasmania||No|
|Janet Rice Victoria||No|
|Rachel Siewert WA||No|
|Jordon Steele-John WA||No|
|Lidia Thorpe Victoria||No|
|Larissa Waters Queensland||No|
|Peter Whish-Wilson Tasmania||No|
|Australian Labor Party (24% turnout)||6 Yes – 0 No|
|Kim Carr Victoria||Yes|
|Patrick Dodson WA||Yes|
|Nita Green Queensland||Yes|
|Kimberley Kitching Victoria||Yes|
|Anne Urquhart Tasmania||Yes|
|Jess Walsh Victoria||Yes|
|Tim Ayres NSW||Absent|
|Catryna Bilyk Tasmania||Absent|
|Carol Brown Tasmania||Absent|
|Anthony Chisholm Queensland||Absent|
|Raff Ciccone Victoria||Absent|
|Don Farrell SA||Absent|
|Alex Gallacher SA||Absent|
|Katy Gallagher ACT||Absent|
|Kristina Keneally NSW||Absent|
|Jenny McAllister NSW||Absent|
|Malarndirri McCarthy NT||Absent|
|Deborah O'Neill NSW||Absent|
|Helen Polley Tasmania||Absent|
|Louise Pratt WA||Absent|
|Tony Sheldon NSW||Absent|
|Marielle Smith SA||Absent|
|Glenn Sterle WA||Absent|
|Murray Watt Queensland||Absent|
|Penny Wong SA||Absent|
|Stirling Griff SA Centre Alliance||Yes|
|Sam McMahon NT Country Liberal Party||Yes|
|Sue Lines WA Deputy President||Yes|
|Rex Patrick SA Independent||Absent|
|Jacqui Lambie Tasmania Jacqui Lambie Network||Yes|
|Liberal National Party (100% turnout)||2 Yes – 0 No|
|Matthew Canavan Queensland||Yes|
|James McGrath Queensland||Yes|
|Liberal Party (72% turnout)||21 Yes – 0 No|
|Eric Abetz Tasmania||Yes|
|Alex Antic SA||Yes|
|Wendy Askew Tasmania||Yes|
|Slade Brockman WA||Yes|
|Claire Chandler Tasmania||Yes|
|Richard Colbeck Tasmania||Yes|
|Jonathon Duniam Tasmania||Yes|
|Concetta Fierravanti-Wells NSW||Yes|
|Sarah Henderson Victoria||Yes|
|Hollie Hughes NSW||Yes|
|Andrew McLachlan SA||Yes|
|Jim Molan NSW||Yes|
|Matt O'Sullivan WA||Yes|
|James Paterson Victoria||Yes|
|Gerard Rennick Queensland||Yes|
|Paul Scarr Queensland||Yes|
|Zed Seselja ACT||Yes|
|Ben Small WA||Yes|
|Dean Smith WA||Yes|
|Amanda Stoker Queensland||Yes|
|David Van Victoria||Yes|
|Simon Birmingham SA||Absent|
|Andrew Bragg NSW||Absent|
|Michaelia Cash WA||Absent|
|David Fawcett SA||Absent|
|Jane Hume Victoria||Absent|
|Marise Payne NSW||Absent|
|Linda Reynolds WA||Absent|
|Anne Ruston SA||Absent|
|National Party (33% turnout)||1 Yes – 0 No|
|Susan McDonald Queensland||Yes|
|Perin Davey NSW||Absent|
|Bridget McKenzie Victoria||Absent|
|Pauline Hanson's One Nation Party (100% turnout)||2 Yes – 0 No|
|Pauline Hanson Queensland||Yes|
|Malcolm Roberts Queensland||Yes|
|Scott Ryan Victoria President||Absent|
|Totals (59% turnout)||36 Yes – 9 No|
Turnout is the percentage of members eligible to vote that did vote.