Trish Crossin (NT, Australian Labor Party) Share this | Hansard source

I will pass that answer on. Can I raise two other issues? My understanding is that the land councils currently also use their power to revoke permits that might be issued by a traditional owner as a circuit breaker to resolve disputes within those communities, those Aboriginal groups. I understand that this is a function that has been called on regularly and it occurs usually in consultation with the police. So when the police have called in the land council to assist, the land council has been able to use its power to assist the police and therefore withdraw that permit. Of course, this amending legislation removes the capacity of the land council to perform that function.

The other issue I want to raise is that there is now a question over whether this proposed amending legislation is inconsistent with the scheme of the land rights act, particularly section 5(1)(b), and the basic principles of trust law. I will explain this. Aboriginal land is legally vested in a land trust which, at the direction of a land council, must exercise its function as trustee and owner of the land in a responsible fashion for the benefit of Aboriginal persons who are beneficiaries of the trust. So it is a basic principle of trust law that a beneficiary cannot direct a trustee how to perform its function. However, I understand the proposed amendment vests in a beneficiary the power to override the trustee, notwithstanding that the section I mentioned provides that a land trust may exercise all the powers of an owner of land, including the power to make decisions in the interests of the trust beneficiaries regarding entry to the land. My question is: is it an intention that this amendment would be inconsistent with that clause?