Senate debates

Friday, 23 March 2007

Native Title Amendment Bill 2006

In Committee

2:52 pm

Photo of Rachel SiewertRachel Siewert (WA, Australian Greens) Share this | Hansard source

The Greens oppose items 2 to 6, 8 to 11, 13 to 16, 18 to 20, 24 and 27 of schedule 1 in the following terms:

(1)    Schedule 1, items 2 to 4, page 3 (line 21) to page 4 (line 3), TO BE OPPOSED.

(2)    Schedule 1, item 5, page 4 (lines 4 to 6), TO BE OPPOSED.

(3)    Schedule 1, item 6, page 4 (lines 7 to 24), TO BE OPPOSED.

(9)    Schedule 1, items 8 to 11, page 4 (line 31) to page 6 (line 27), TO BE OPPOSED.

(10)  Schedule 1, item 13, page 6 (lines 30 and 31), TO BE OPPOSED.

(11)  Schedule 1, items 14 to 16, page 6 (line 32) to page 8 (line 18), TO BE OPPOSED.

(12)  Schedule 1, item 18, page 8 (line 26) to page 10 (line 31), TO BE OPPOSED.

(13)  Schedule 1, item 19, page 10 (line 32) to page 13 (line 4), TO BE OPPOSED.

(14)  Schedule 1, item 20, page 13 (lines 5 to 16), TO BE OPPOSED.

(15)  Schedule 1, item 24, page 13 (line 28) to page 14 (line 7), TO BE OPPOSED.

(16)  Schedule 1, item 27, page 14 (lines 16 to 25), TO BE OPPOSED.

These cover a range of issues. We are opposing the transition arrangements—the government proposals which effectively spill recognition of all NTRBs once the bill is enacted and force them to reapply for recognition during the transition period, which ends 30 June 2007. The existing NTRBs will be the only ones invited to reapply during the transition period and the minister will be required to, as the bill says, recognise all applicants. We do not believe that this serves a useful purpose. It is a vast bureaucratic undertaking and it seems that limited NTRB administrative resources will be put to no real effect. The only decision that the minister will be making at this point is the period for which NTRBs will be recognised. This decision could be made based on existing strategic plans and performance. I suggest therefore that we are wasting the precious time and resources of NTRBs, which could be put to better use.

What is the intent of the transition period? Am I accurate in my assessment of what the transition period will accomplish? Will NTRBs only have to submit a brief letter applying for re-recognition or will there be a much more substantial process? At the moment, as I understand it, that is the minister’s decision. How will it work in practice, given that section 203AB(1)(a) implies that re-recognition is automatic regardless of the content of the proposal? Is the default position going to be the full six-year recognition period or is it designed so that a small group of NTRBs will be given a much smaller period of recognition?

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