David Johnston (WA, Liberal Party, Minister for Justice and Customs) Share this | Hansard source

by leave—I move government amendments (9) and (10) on sheet QW307 together:

(9)    Schedule 2, item 35, page 31 (lines 4 to 6), omit subparagraph 87A(1)(c)(iii).

(10)  Schedule 2, item 52, page 39 (table item 3), omit the table item, substitute:

These amendments would make technical corrections to the bill. Government amendment (9) would remove a redundant provision from proposed section 87A. Proposed section 87A would enable the court to make a determination of native title where some but not all parties agree to the determination. As drafted, the provision would require the consent of any registered native title body corporate for the area that is a party to the claim before the determination could be made. This amendment would remove the requirement as it is not possible for a registered native title body corporate to be a party to an application for a determination of native title. Government amendment (10) deals with the reports about breaches of good faith obligation. Funding to non-government respondents in native title claims is provided by the Attorney-General rather than the Secretary of the Attorney-General’s Department. The provision as drafted erroneously referred to the secretary and that is a correction we are making which is largely housekeeping. This government amendment will change that provision so that any report will be provided to the Attorney-General.