Senate debates

Friday, 23 March 2007

Native Title Amendment Bill 2006

In Committee

2:50 pm

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

by leave—I move Democrat amendments (3), (4) and (5) on sheet 5192 together:

(3)    Schedule 1, item 7, page 4 (lines 29 and 30), omit “The period specified must be of no less than 1 year and no more than 6 years.”.

(4)    Schedule 1, page 4 (after line 30), after item 7, insert:

7A  After subsection 203A(1)

Insert:

     (1A)    If an eligible body has been recognised, the Minister must, not less than 90 days before the expiration of the period of recognition specified under section 203AD, invite the representative body to apply for a further period of recognition as the representative body for that area.

(5)    Schedule 1, page 4 (after line 30), after item 7, insert:

7B  After subsection 203A(3)

Insert:

      (3B)    Subject to subsection (3C), the period to be specified in an invitation is to be 6 years.

      (3C)    When, pursuant to subsection (1A), the Minister gives an invitation to an eligible body that has been recognised, the Minister may specify a period less than 6 years, but not less than 2 years, if, during the current period of recognition:

             (a)    the body has failed, in a material respect, to comply with conditions to which funding is subject pursuant to section 203CA; or

             (b)    the body has failed, in a material respect, to comply with section 203DA; or

             (c)    the body has failed, in a material respect, to comply with section 203DB; or

             (d)    there have been serious or repeated irregularities in the financial affairs of the representative body; or

             (e)    the body has not satisfactorily performed its functions.

Again, these amendments deal with issues that we have talked about in various ways. The Greens, Democrats and Labor amendments have dealt with similar issues in different ways in different combinations. These amendments again seek to provide an alternative to the recognition period issues that the government decided to persevere with. I think our approach here would have provided a better result with regard to ensuring accountability whilst also ensuring better outcomes on the ground. The amendments basically require the minister, no later than a specified time before the expiry of the period of recognition of a rep body, to invite them to apply for a further period of recognition. They also provide some criteria for making decisions about the length of the recognition periods the rep bodies would be offered. This would make things more transparent and predictable, which is important if you want to focus on getting the best results out on the ground and the best delivery of service.

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