Amanda Stoker (Queensland, Liberal Party, Assistant Minister to the Attorney-General) Share this | Hansard source

The clarification that's made in the bill for the Commonwealth minister to have a role in agreeing to consent determinations is necessary because there's currently an inconsistency about whether or not the Commonwealth minister is or isn't a relevant party to consent determinations over the whole of an area or part of an area, and their consent is required to determinations under both circumstances. So there is currently an inconsistency relating to the role of the Commonwealth minister as intervener in the provisions giving the Federal Court the power to make the orders in relation to the whole of the claimed area, compared to orders in relation to part of a claimed area. This is appropriate, as the Commonwealth minister will only intervene—I think this is getting to the crux of your question—in a native title proceeding where there is a significant matter of law to be determined and there is a need for the Commonwealth, as administrators of the Native Title Act, to assist the court. It's not anticipated that the Commonwealth will be participating as a matter of course, but, where there is a novel question of law that needs to be resolved so that all people who are participants in the system have clarity about how it operates, then that avenue is available.