The majority voted against amendments (1) to (3) and (5) to (11) on sheet 1185 be agreed to, which means those amendments failed. They were introduced by Victorian Senator Lidia Thorpe (Greens).

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 Not passed by a modest majority

Nobody rebelled against their party.

Party Votes
Australian Greens (100% turnout) 9 Yes 0 No
Mehreen Faruqi NSW Yes
Sarah Hanson-Young SA Yes
Nick McKim Tasmania Yes
Janet Rice Victoria Yes
Rachel Siewert WA Yes
Jordon Steele-John WA Yes
Lidia Thorpe Victoria Yes
Larissa Waters Queensland Yes
Peter Whish-Wilson Tasmania Yes
Australian Labor Party (24% turnout) 0 Yes 6 No
Kim Carr Victoria No
Patrick Dodson WA No
Alex Gallacher SA No
Kimberley Kitching Victoria No
Tony Sheldon NSW No
Anne Urquhart Tasmania No
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 No
Sam McMahon NT Country Liberal Party No
Sue Lines WA Deputy President Absent
Rex Patrick SA Independent Absent
Jacqui Lambie Tasmania Jacqui Lambie Network No
Liberal National Party (100% turnout) 0 Yes 2 No
Matthew Canavan Queensland No
James McGrath Queensland No
Liberal Party (83% turnout) 0 Yes 24 No
Alex Antic SA No
Wendy Askew Tasmania No
Andrew Bragg NSW No
Slade Brockman WA No
Michaelia Cash WA No
Claire Chandler Tasmania No
Jonathon Duniam Tasmania No
David Fawcett SA No
Concetta Fierravanti-Wells NSW No
Sarah Henderson Victoria No
Hollie Hughes NSW No
Jane Hume Victoria No
Andrew McLachlan SA No
Jim Molan NSW No
Matt O'Sullivan WA No
James Paterson Victoria No
Gerard Rennick Queensland No
Linda Reynolds WA No
Anne Ruston SA No
Paul Scarr Queensland No
Ben Small WA No
Dean Smith WA No
Amanda Stoker Queensland No
David Van Victoria No
Eric Abetz Tasmania Absent
Simon Birmingham SA Absent
Richard Colbeck Tasmania Absent
Marise Payne NSW Absent
Zed Seselja ACT Absent
National Party (100% turnout) 0 Yes 3 No
Perin Davey NSW No
Susan McDonald Queensland No
Bridget McKenzie Victoria No
Pauline Hanson's One Nation Party (100% turnout) 0 Yes 2 No
Pauline Hanson Queensland No
Malcolm Roberts Queensland No
Scott Ryan Victoria President Absent
Totals (64% turnout) 9 Yes – 40 No