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senate vote 2023-12-05#16
Edited by
mackay staff
on
2024-05-04 13:03:44
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Title
Bills — Nature Repair Market Bill 2023, Nature Repair Market (Consequential Amendments) Bill 2023; in Committee- Nature Repair Market Bill 2023 and another - in Committee - Aboriginal persons and Torres Strait Islanders
Description
<p class="speaker">Andrew McLachlan</p><p>I will now deal with the amendments circulated by Senator Thorpe. The question is that the amendments on sheets 2034, 2316 and 2320 be agreed to. Yes, Senator Roberts?</p>-
- The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?gid=2023-12-05.269.3) introduced by Victorian Senator [Lidia Thorpe](https://theyvoteforyou.org.au/people/senate/victoria/lidia_thorpe) (Independent), which means it failed.
- ### Amendment text
- > *(1) Heading to clause 56, page 78 (line 3), at the end of the heading, add "—general".*
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- > *(2) Page 79 (after line 7), at the end of Subdivision E, add:*
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- >> *56A Consultation by the Nature Repair Market Committee — Aboriginal persons and Torres Strait Islanders*
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- >> *The Nature Repair Market Committee must not advise the Minister whether the Minister should make or vary a methodology determination unless the Committee is satisfied that:*
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- >>> *(a) appropriate consultation has been undertaken with any relevant local community of Aboriginal persons, or Torres Strait Islanders, in relation to the proposed determination or variation; and*
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- >>> *(b) relevant input received as part of that consultation has been taken into account adequately.*
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- > *(3) Heading to clause 65, page 91 (line 11), at the end of the heading, add "—general".*
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- > *(4) Page 92 (after line 15), after clause 65, insert:*
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- >> *65AA Consultation by the Nature Repair Market Committee — Aboriginal persons and Torres Strait Islanders*
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- >> *The Nature Repair Market Committee must not advise the Minister whether the Minister should make or vary a biodiversity assessment instrument unless the Committee is satisfied that:*
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- >>> *(a) appropriate consultation has been undertaken with any relevant local community of Aboriginal persons, or Torres Strait Islanders, in relation to the proposed instrument or variation; and*
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- >>> *(b) relevant input received as part of that consultation has been taken into account adequately.*
<p class="speaker">Malcolm Roberts</p><p>We need to vote separately on 2034.</p> <p class="speaker">Andrew McLachlan</p><p>Senator Lambie?</p> <p class="speaker">Jacqui Lambie</p><p>Actually, could we please have them all split?</p> <p class="speaker">Andrew McLachlan</p><p>Alright. The question is that the amendments on sheet 2034, circulated by Senator Thorpe, be agreed to.</p><p class="italic"> <i>Senator Thorpe's circulated amendments—</i></p><p class="italic">(1) Clause 55, page 77 (line 15), before "The Minister", insert: "(1)".</p><p class="italic">(2) Clause 55, page 77 (lines 23 to 26), omit the note.</p><p class="italic">(3) Clause 55, page 77 (after line 26), at the end of the clause, add:</p><p class="italic">(2) Despite regulations made for the purposes of paragraph 44(2)(b) of the <i>Legislation Act 2003</i>, section 42 (disallowance) of that Act applies to a direction by the Minister under subsection (1).</p><p class="italic">Note: Part 4 of Chapter 3 (sunsetting) of the <i>Legislation Act 2003</i> does not apply to the direction (see regulations made for the purposes of paragraph 54(2)(b) of that Act).</p><p class="italic">(4) Clause 65A, page 92 (line 18), before "The Minister", insert: "(1)".</p><p class="italic">(5) Clause 65A, page 92, (lines 26 to 29), omit the note.</p><p class="italic">(6) Clause 65A, page 92 (after line 29), at the end of the clause, add:</p><p class="italic">(2) Despite regulations made for the purposes of paragraph 44(2)(b) of the <i>Legislation Act 2003</i>, section 42 of that Act applies to a direction by the Minister under subsection (1).</p><p class="italic">Note: Part 4 of Chapter 3 (sunsetting) of the <i>Legislation Act 2003</i> does not apply to the direction (see regulations made for the purposes of paragraph 54(2)(b) of that Act).</p><p>Question negatived.</p><p>The question now is that the amendments on sheet 2316, as circulated by Senator Thorpe, be agreed to.</p><p class="italic"> <i>Senator Thorpe's circulated amendments—</i></p><p class="italic">(1) Heading to clause 56, page 78 (line 3), at the end of the heading, add "—general".</p><p class="italic">(2) Page 79 (after line 7), at the end of Subdivision E, add:</p><p class="italic">56A Consultation by the Nature Repair Market Committee — Aboriginal persons and Torres Strait Islanders</p><p class="italic">The Nature Repair Market Committee must not advise the Minister whether the Minister should make or vary a methodology determination unless the Committee is satisfied that:</p><p class="italic">(a) appropriate consultation has been undertaken with any relevant local community of Aboriginal persons, or Torres Strait Islanders, in relation to the proposed determination or variation; and</p><p class="italic">(b) relevant input received as part of that consultation has been taken into account adequately.</p><p class="italic">(3) Heading to clause 65, page 91 (line 11), at the end of the heading, add "—general".</p><p class="italic">(4) Page 92 (after line 15), after clause 65, insert:</p><p class="italic">65AA Consultation by the Nature Repair Market Committee — Aboriginal persons and Torres Strait Islanders</p><p class="italic">The Nature Repair Market Committee must not advise the Minister whether the Minister should make or vary a biodiversity assessment instrument unless the Committee is satisfied that:</p><p class="italic">(a) appropriate consultation has been undertaken with any relevant local community of Aboriginal persons, or Torres Strait Islanders, in relation to the proposed instrument or variation; and</p><p class="italic">(b) relevant input received as part of that consultation has been taken into account adequately.</p><p></p> -
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