Commonwealth of Australia Explanatory Memoranda

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NATIVE TITLE AMENDMENT BILL (NO. 2) 2009

                               2008-2009-2010





               THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA





                                   SENATE











                   Native Title Amendment Bill (No.2) 2009




                    SUPPLEMENTARY EXPLANATORY MEMORANDUM





             Amendments to be moved on behalf of the Government









                     (Circulated by the authority of the
               Attorney-General, the Hon Robert McClelland MP)

                   Native Title Amendment Bill (No.2) 2009




OUTLINE


These Government amendments are made to proposed subsection 24JAA(3) of  new
Subdivision JA introduced in Schedule 1 to the Native Title  Amendment  Bill
(No.2) 2009 (the Bill).

Subdivision  JA  of  the   Bill   provides   a   process   to   assist   the
timely construction  of  public  housing  and  a  limited  class  of  public
facilities  for  Aboriginal  people  and/or  Torres  Strait   Islanders   in
communities on Indigenous held land.   In  particular,  subsection  24JAA(3)
lists the types of facilities that may be  provided  under  Subdivision  JA.
Notably, subsection 24JAA(3) of the Bill as introduced was not  intended  to
apply to housing for community service staff.

These amendments will adjust the coverage of subsection 24JAA(3) to  include
staff housing that is provided in connection  with  public  housing,  public
education  facilities,  public  health  facilities,  police  facilities  and
emergency facilities.  Providing  adequate  housing  for  community  service
staff is an important  part  of  ensuring  there  are  sufficient  staff  to
deliver services to Indigenous Australians  living  in  remote  communities.
Failure to provide for staff housing may impact upon the  operation  of  the
public facilities constructed under the new process.

This  amendment  is  consistent  with  the  Government's  policy  to  remove
systemic obstacles to  the  timely  delivery  of  housing  and  services  in
Indigenous communities


Financial impact statement

These amendments do not affect the financial impact of the Bill.
                   Native Title Amendment Bill (No.2) 2009

                            Government Amendments

The  following  amendments  are  to  proposed  subsection  24JAA(3)  of  new
Subdivision JA of the Native Title Act 1993, as inserted by  Schedule  1  to
the Bill.


NOTES ON AMENDMENTS

Amendment 1 inserts an additional  paragraph  24JAA(3)(ba)  after  paragraph
24JAA(3)(b).

Subsection 24JAA(3) lists the types  of  facilities  that  may  be  provided
under Subdivision JA.  Additional paragraph  24JAA(3)(ba)  refers  to  staff
housing provided in  connection  with  those  things  listed  in  paragraphs
24JAA(3)(a) and 24JAA(3)(b) - that is, public housing for Aboriginal  people
and Torres Strait Islanders, and public education facilities, public  health
facilities, police facilities and emergency facilities  that  benefit  those
people.

Amendment 2 amends paragraph 24JAA(3)(c) by omitting and substituting "or
(b)" with "(b) or (ba)".

Proposed paragraph 24JAA(3)(c) provides that the types of facilities that
may also be provided under new Subdivision JA include the facilities
covered by subsection 24KA(2), sewage treatment facilities, and things
prescribed by regulation, if any, that are provided in connection with
housing or other facilities covered by paragraphs 24JAA(3)(a) and
24JAA(3)(b).

Amendment 2 means that paragraph  24JAA(3)(c)  also  applies  to  facilities
referred to in additional paragraph 24JAA(3)(ba) (as inserted  by  amendment
1).  For example, the coverage of  paragraph  24JAA(3)(c)  could  extend  to
water supply or pipelines  which  are  provided  in  connection  with  staff
housing.