Senate debates

Monday, 13 February 2017

Questions without Notice

Native Title

2:15 pm

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

Yes, I can, Senator Smith. That is a very helpful question, thank you. Its effect essentially, as I said a moment ago, will be to legislatively reinstate the Bygrave decision. It will remove, for all such agreements in future, the requirement that all registered native title claimants sign an ILUA.

In respect of agreements that have been lodged with the Native Title Tribunal but not registered, the amendments will provide that such agreements are not taken to be invalid because they have not been signed by all registered native title claimants. Similar amendments will be made with respect to ILUAs that were registered on an understanding of the law as it stood on the basis of the Bygrave decision.

I should add that among those whom I arranged to be briefed on the matter last week was the shadow Attorney-General, Mr Dreyfus. The Premier of Queensland, Ms Palaszczuk, has called upon the federal opposition to support the federal government's amendments to reinstate the Bygrave decision, and I also ask that the federal opposition cooperate in facilitating support for the legislation.

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