Senate debates

Monday, 14 August 2006

Aboriginal Land Rights (Northern Territory) Amendment Bill 2006

In Committee

1:44 pm

Photo of Rod KempRod Kemp (Victoria, Liberal Party, Minister for the Arts and Sport) Share this | Hansard source

Prior to moving the government amendments and putting the government’s requests, I table a supplementary explanatory memorandum relating to the government amendments and requests for amendments to be moved to this bill. The memorandum was circulated in the chamber on 8 August 2006. I seek leave to move requests (4) and (8) on sheet PF377 together.

Leave granted.

I move:

That the House of Representatives be requested to make the following amendments:

(4)    Schedule 1, item 46, page 22 (line 31) to page 23 (line 11), omit subsections 19A(6) and (7), substitute:

        (6)    A lease granted under this section must not make provision for the lessee to make a payment to a person other than the lessor.

(8)    Schedule 1, item 177, page 70 (line 7), omit “rent”, substitute “amounts”.

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000—

Amendments (4) and (8)

The Senate has long followed the practice that it should treat amendments which would result in increased expenditure under a standing appropriation as requests.

Amendment (4) will provide for increased rental payments to be made in relation to township leases and amendment (8) will allow any kind of payment in relation to township leases to be made. Both types of payments will be made from the Aboriginals Benefit Account, under proposed subsection 64(4A) of the Aboriginal Land Rights (Northern Territory) Act 1976. The amendments will therefore have the effect of increasing expenditure under the standing appropriation contained in section 21 of the Financial Management and Accountability Act 1997. It is in accordance with the precedents of the Senate that these amendments be moved as requests.

These requests refer to the removal of the cap on rental payments for township leases. The Northern Territory government and the land councils have put the view that a rental cap on township leases will impede the implementation of the township leasing scheme. Following consideration of the issues, the government has agreed to remove the rental cap. I am advised that the amendments also remove the prohibition on payments other than rent and make it clear that all payments must be made to the traditional owners.

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