The majority voted in favour of the following sections of the bill remaining as they are: schedules 1 and 2 and 4 to 9 and division 2 of schedule 3.

What is the bill's main idea?

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.

Votes Passed by a modest majority

Nobody rebelled against their party.

Party Votes
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
Alex Gallacher SA Yes
Kimberley Kitching Victoria Yes
Tony Sheldon NSW Yes
Anne Urquhart Tasmania 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
Katy Gallagher ACT Absent
Nita Green Queensland 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
Marielle Smith SA Absent
Glenn Sterle WA Absent
Jess Walsh Victoria 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 Absent
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 (83% turnout) 24 Yes 0 No
Alex Antic SA Yes
Wendy Askew Tasmania Yes
Andrew Bragg NSW Yes
Slade Brockman WA Yes
Michaelia Cash WA Yes
Claire Chandler Tasmania Yes
Jonathon Duniam Tasmania Yes
David Fawcett SA Yes
Concetta Fierravanti-Wells NSW Yes
Sarah Henderson Victoria Yes
Hollie Hughes NSW Yes
Jane Hume Victoria Yes
Andrew McLachlan SA Yes
Jim Molan NSW Yes
Matt O'Sullivan WA Yes
James Paterson Victoria Yes
Gerard Rennick Queensland Yes
Linda Reynolds WA Yes
Anne Ruston SA Yes
Paul Scarr Queensland Yes
Ben Small WA Yes
Dean Smith WA Yes
Amanda Stoker Queensland Yes
David Van Victoria Yes
Eric Abetz Tasmania Absent
Simon Birmingham SA Absent
Richard Colbeck Tasmania Absent
Marise Payne NSW Absent
Zed Seselja ACT Absent
National Party (100% turnout) 3 Yes 0 No
Perin Davey NSW Yes
Susan McDonald Queensland Yes
Bridget McKenzie Victoria Yes
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 (64% turnout) 40 Yes – 9 No