Division Description Changes — Bills — Acts Interpretation Amendment (Aboriginality) Bill 2023; Reference to Committee — 14th Jun 2023

Change	Division
senate vote 2023-06-14#6 Edited by mackay staff on 2023-08-04 15:17:07	Title Bills — Acts Interpretation Amendment (Aboriginality) Bill 2023; Reference to Committee Acts Interpretation Amendment (Aboriginality) Bill 2023 - Reference to Committee - Refer bill Description ~~<p class="speaker">Sue Lines</p>~~ <p>There was a vote to be taken on a motion moved by Senator Hanson on Tuesday 13 June, which related to Legal and Constitutional Affairs Legislation Committee.</p> ~~<p class="speaker">Matt O'Sullivan</p>~~ ~~<p>The question is that the motion be agreed to.</p>~~ ~~<p></p>~~ ~~<p></p>~~ The large majority voted against a [motion](https://www.openaustralia.org.au/senate/?gid=2023-06-13.160.2): *> That the Acts Interpretation Amendment (Aboriginality) Bill 2023 be referred to the Legal and Constitu*tional Affairs Legislation Committee for inquiry and report by 4 September 2023. Queensland Senator [Pauline Hanson](https://theyvoteforyou.org.au/people/senate/queensland/pauline_hanson) has attempted to get this bill considered twice: once on [11 May 2023](https://theyvoteforyou.org.au/divisions/senate/2023-05-11/5) and once on [14 June 2023](https://theyvoteforyou.org.au/divisions/senate/2023-06-14/2). Both times it was rejected by the large majority. ### What does the bill do? [The bill](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/s1378) would change the definition of an Aboriginal or Torres Strait Islander person in the Acts Interpretation Act 1901 by adding the [following section](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=LEGISLATION;id=legislation%2Fbills%2Fs1378_first-senate%2F0001;query=Id%3A%22legislation%2Fbills%2Fs1378_first-senate%2F0000%22;rec=0): > 2N Person of the Aboriginal race of Australia , indigenous inhabitant of the Torres Strait Islands, etc. > > (1) In any Act, a reference to a person of the Aboriginal race of Australia, to a member of the Aboriginal race of Australia or to a descendant of an indigenous inhabitant of Australia is a reference to a person who is a member of a registered native title body corporate (within the meaning of the Native Title Act 1993 ) that holds the native title rights and interests of an area of land or waters other than in the Torres Strait. > > (2) In any Act, a reference to a descendant of an indigenous inhabitant of the Torres Strait Islands is a reference to a person who is a member of a registered native title body corporate (within the meaning of the Native Title Act 1993 ) that holds the native title rights and interests of an area of land or waters in the Torres Strait. Its purpose seems to be to ensure that only those Aboriginal or Torres Strait Islander people who are members of a "registered native title body corporate" that currently holds Native Title to an area of land or water will count as an Aboriginal or Torres Strait Islander person for the purposes of federal law. See [this Report](https://www.fedcourt.gov.au/__data/assets/pdf_file/0009/80100/Part-5.pdf) (4.2 MB) from the National Native Title Tribunal for maps that give an indication of just how many people would not be covered by this definition, given the limited amount of Native Title held over areas in New South Wales, Victoria and Tasmania, as well as throughout the other states and territories.

~~Sue Lines~~
There was a vote to be taken on a motion moved by Senator Hanson on Tuesday 13 June, which related to Legal and Constitutional Affairs Legislation Committee.
~~Matt O'Sullivan~~
~~The question is that the motion be agreed to.~~
~~~~
~~~~
The large majority voted against a [motion](https://www.openaustralia.org.au/senate/?gid=2023-06-13.160.2):
> *That the Acts Interpretation Amendment (Aboriginality) Bill 2023 be referred to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 4 September 2023.*
Queensland Senator [Pauline Hanson](https://theyvoteforyou.org.au/people/senate/queensland/pauline_hanson) has attempted to get this bill considered twice: once on [11 May 2023](https://theyvoteforyou.org.au/divisions/senate/2023-05-11/5) and once on [14 June 2023](https://theyvoteforyou.org.au/divisions/senate/2023-06-14/2). Both times it was rejected by the large majority.
### What does the bill do?
[The bill](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/s1378) would change the definition of an Aboriginal or Torres Strait Islander person in the Acts Interpretation Act 1901 by adding the [following section](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=LEGISLATION;id=legislation%2Fbills%2Fs1378_first-senate%2F0001;query=Id%3A%22legislation%2Fbills%2Fs1378_first-senate%2F0000%22;rec=0):
> *2N Person of the Aboriginal race of Australia , indigenous inhabitant of the Torres Strait Islands, etc.*
>
> *(1) In any Act, a reference to a person of the Aboriginal race of Australia, to a member of the Aboriginal race of Australia or to a descendant of an indigenous inhabitant of Australia is a reference to a person who is a member of a registered native title body corporate (within the meaning of the Native Title Act 1993 ) that holds the native title rights and interests of an area of land or waters other than in the Torres Strait.*
>
> *(2) In any Act, a reference to a descendant of an indigenous inhabitant of the Torres Strait Islands is a reference to a person who is a member of a registered native title body corporate (within the meaning of the Native Title Act 1993 ) that holds the native title rights and interests of an area of land or waters in the Torres Strait.*
Its purpose seems to be to ensure that only those Aboriginal or Torres Strait Islander people who are members of a "registered native title body corporate" that currently holds Native Title to an area of land or water will count as an Aboriginal or Torres Strait Islander person for the purposes of federal law.
See [this Report](https://www.fedcourt.gov.au/__data/assets/pdf_file/0009/80100/Part-5.pdf) (4.2 MB) from the National Native Title Tribunal for maps that give an indication of just how many people would not be covered by this definition, given the limited amount of Native Title held over areas in New South Wales, Victoria and Tasmania, as well as throughout the other states and territories.