Native Title Legislation Amendment Bill 2019

Type
Government
Portfolio
Attorney-General
Originating house
House of Representatives
Status
Before Reps
Parliament no
46

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Summary

Amends the: Native Title Act 1993 to: allow a native title claim or compensation group to impose conditions on the authority of its authorised applicant and require public notification of any such conditions; clarify the duties of the applicant to the claim group; allow the applicant to act by majority as the default position; allow the composition of the applicant to be changed without further authorisation in certain circumstances; allow the claim group to put in place succession-planning arrangements for individual members of the applicant; allow body corporate Indigenous Land Use Agreements (ILUAs) to cover areas where native title has been extinguished; remove the requirement for the Native Title Registrar to notify an area ILUA unless satisfied it meets the ILUA requirements; allow minor amendments to be made to an ILUA without a new registration process; specify that the removal of an ILUA from the register does not invalidate future acts subject to that ILUA; extend the circumstances in which historical extinguishment can be disregarded to areas of national, state or territory parks, and certain pastoral leases; allow a registered native title body corporate to bring a compensation application over an area where native title has been extinguished; require the registrar to create and maintain a public record of section 31 agreements; and make a number of technical amendments; and Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) to: require registered native title bodies corporate (RNTBC) constitutions to include dispute resolution pathways for persons who are or who claim to be common law holders, and provide for all the common law holders to be directly or indirectly represented in the RNTBC; limit the grounds for cancelling the membership of a member of a RNTBC to certain grounds; remove the discretion of directors of RNTBCs to refuse certain membership applications; specify that the registrar may place a RNTBC under special administration in certain circumstances; and ensure that proceedings in respect of a civil matter arising under the Act that relate to a RNTBC are to be instituted and determined exclusively in the Federal Court, unless transferred to another court with jurisdiction; confirm the validity of certain section 31 agreements; and provide that a person would be entitled to compensation if the bill effects the acquisition of property of a person other than on just terms (within the meaning of paragraph 51(xxxi) of the Constitution).

Progress

House of Representatives
Introduced and read a first time 17 Oct 2019
Second reading moved 17 Oct 2019

Documents and transcripts

Text of bill

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Explanatory memoranda

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Proposed amendments

No proposed amendments have been circulated.

Schedules of amendments

No documents at present

Notes

Helpful information

Text of bill

  • First reading: Text of the bill as introduced into the Parliament
  • Third reading: Prepared if the bill is amended by the house in which it was introduced. This version of the bill is then considered by the second house.
  • As passed by both houses: Final text of bill agreed to by both the House of Representatives and the Senate which is presented to the Governor-General for assent.

Explanatory memoranda

  • Explanatory memorandum: Accompanies and provides an explanation of the content of the introduced version (first reading) of the bill.
  • Supplementary explanatory memorandum: Accompanies and explains amendments proposed by the government to the bill.
  • Revised explanatory memorandum: Accompanies and explains the amended version (third reading) of the bill. It supersedes the explanatory memorandum.

Proposed amendments

Circulated by members and senators when they propose to make changes to the bill. For details about the outcome of proposed amendments please refer to either the Votes and Proceedings (House of Representatives) or the Journals (Senate).

Schedules of amendments

Schedules of amendments list amendments agreed to by the second house are communicated to the first house for consideration. Subsequent action by either house may also be included in a schedule.