Andrew Bartlett (Queensland, Australian Democrats) Share this | Hansard source

I move:

(20)  Schedule 2, item 2, page 26 (after line 5), after subsection 66C(2), insert:

     (2A)    Advice by the NNTT Registrar in accordance with subsection (1) is not of itself sufficient for the dismissal of the proceedings but the Federal Court retains its discretion to do so.

This amendment is an alternative to one of the amendments that was just put. We have just attempted to delete item 2 of schedule 2. That was not agreed to, so this is a compromise amendment in a spirit of cooperation and constructive engagement. I am sure the government will take a similar view and consider the arguments put forward. Amendment (20) is fairly straightforward. It seeks to amend that item of the bill so that information provided by the Native Title Tribunal Registrar under the new section 66C(2) should not of itself be sufficient for the dismissal of proceedings. It would mean that the court is not obliged to dismiss the proceedings but retains its discretion to do so. We think this would be a better approach. It is a good compromise approach.