Rachel Siewert (WA, Australian Greens) Share this | Hansard source

I move Greens amendment (2) on sheet 5555:

(2)    Page 19 (after line 8), at the end of the bill, add:

Schedule 5—Application of National Emergency Response Laws

Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007

1  Section 4

Repeal the section, substitute:

4 Racial Discrimination Act

        (1)    Without limiting the general operation of the Racial Discrimination Act 1975 in relation to the following Acts:

             (a)    Aboriginal Land Rights (Northern Territory) Act 1976;

             (b)    Australian Crime Commission Act 2002;

             (c)    Australian Federal Police Act 1979;

             (d)    Classification (Publications, Films and Computer Games) Act 1995;

                 the provisions of the Racial Discrimination Act 1975 are intended to prevail over the provisions of this Act.

        (2)    The provisions of this Act do not authorise conduct that is inconsistent with the provisions of the Racial Discrimination Act 1975.

        (3)    The provisions of this Act, and any acts done under or for the purposes of those provisions, are, for the purposes of the Racial Discrimination Act 1975 , intended to qualify as special measures.

        (4)    Any act done, any decision made and any discretion exercised under or for the purposes of this Act must be consistent with the intended beneficial purpose of this Act.

        (5)    In this section, a reference to any act done includes a reference to any failure to do an act.

2  Section 5

Repeal the section.

Northern Territory National Emergency Response Act 2007

3  Section 132

Repeal the section, substitute:

132 Racial Discrimination Act

        (1)    The provisions of the Racial Discrimination Act 1975 are intended to prevail over the provisions of this Act.

        (2)    The provisions of this Act do not authorise conduct that is inconsistent with the provisions of the Racial Discrimination Act 1975.

        (3)    The provisions of this Act, and any acts done under or for the purposes of those provisions, are, for the purposes of the Racial Discrimination Act 1975 , intended to qualify as special measures.

        (4)    Any act done, any decision made and any discretion exercised under or for the purposes of this Act must be consistent with the intended beneficial purpose of this Act.

        (5)    In this section, a reference to any act done includes a reference to any failure to do an act.

4  Section 133

Repeal the section.

Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007

5  Section 4

Repeal the section, substitute:

4 Racial Discrimination Act

        (1)    Without limiting the general operation of the Racial Discrimination Act 1975 in relation the Social Security (Administration) Act 1999, the provisions of the Racial Discrimination Act 1975 are intended to prevail over the provisions of this Act and the provisions of the Social Security (Administration) Act 1999.

        (2)    The provisions of this Act do not authorise conduct that is inconsistent with the provisions of the Racial Discrimination Act 1975.

        (3)    The provisions of this Act, and any acts done under or for the purposes of those provisions, are, for the purposes of the Racial Discrimination Act 1975 , intended to qualify as special measures.

        (4)    Any act done, any decision made and any discretion exercised under or for the purposes of this Act must be consistent with the intended beneficial purpose of this Act.

        (5)    In this section, a reference to any act done includes a reference to any failure to do an act.

6  Sections 5, 6 and 7

Repeal the sections.

This is the second part of the amendment that I referred to earlier regarding removing the exemption from the Racial Discrimination Act. The two amendments are designed to reinstate the Racial Discrimination Act. I acknowledge that we have had the substantive debate. I am pleading to the government to have a change of heart and realise that this is implementing what they said they would do but earlier so that the exemption from the Racial Discrimination Act can be applied from now on. It is unjustifiable that they are waiting until a year from now before reinstating the Racial Discrimination Act to ensure that the Northern Territory emergency response and the provisions under that are no longer exempt from the RDA. As I said, we have had the substantive debate, so I simply move the amendment.