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

Senator Siewert, I note the point you make, and let me just respond to two respects. First of all, the list of 126 is the advice to the government of the Native Title Tribunal. They have included that reservation out of abundant caution, but that is their advice to the government of the number of ILUAs—126. That is the best advice and evidence we have.

Secondly, in relation to the question you raise about the registration of the Cape York ILUAs, the Native Title Act, as I am sure you know, provides for a procedure whereby an agreement will be registered if it appears to meet the formal requirements of the act, and that is a matter for the registrar. The registrar, plainly, by accepting these agreements, formed the view that they met the formal requirements of the act. That has never been challenged, so far as I am aware, in any court of law, which is the appropriate forum—not here—for such an argument to be made. In any event, I do not understand you to be suggesting otherwise. The Cape York Land Council, by urging the government to move this amendment, is merely looking after the best interests of the people of Cape York and particularly the native title owners. For that reason, I ask you to now allow the amendment to proceed to a vote.