❓ Ms. Mettam questions the Minister for Aboriginal Affairs regarding the applicability of the Aboriginal Cultural Heritage Act 2021 and the statutory defence under the Aboriginal Heritage Act 1972 following the introduction of a new bill to repeal the 2021 Act. The Minister confirms the 2021 Act remains in place until the new bill passes.
AnsweredQoN 482Legislative Assembly
QuestionView source ↗
ABORIGINAL CULTURAL HERITAGE ACT — REPEAL
482. Ms L. METTAM to the Minister for Aboriginal Affairs:
I
refer to Labor's spectacular backflip on the Aboriginal cultural
heritage laws and the new bill that was introduced —
Several members interjected.
The SPEAKER : Order, please,
members!
Ms L. METTAM : — into
Parliament yesterday —
Several members interjected.
The SPEAKER : Members, I am
going to ask the Leader of the Liberal Party to start her question from the
beginning. We have had six or seven people interjecting quite incessantly.
Hopefully, we will not have a recurrence of that.
Ms L. METTAM : I refer to
Labor's spectacular backflip on the Aboriginal culture heritage laws
and the new bill that was introduced into Parliament yesterday.
(1) Can the
minister confirm that the Aboriginal Cultural Heritage Act 2021 and associated
regulations are still applicable?
(2) If yes, can
the minister confirm that the statutory defence under the Aboriginal Heritage
Act 1972 can still be relied upon from now until the Aboriginal Cultural
Heritage Act 2021 is formally repealed?
Point of Order
Mr D.A.
TEMPLEMAN : I am querying whether the second part of the question requests
a legal opinion.
The
SPEAKER : Potentially, there is an
element of seeking a legal opinion, which is not allowed under the standing
orders, as the Leader of the House quite correctly pointed out. The Minister
for Aboriginal Affairs is an experienced member of Parliament. I ask you
to take that into account in your response.
Questions without Notice Resumed
482. Ms L. METTAM to the Minister for Aboriginal Affairs:
I
refer to Labor's spectacular backflip on the Aboriginal cultural
heritage laws and the new bill that was introduced —
Several members interjected.
The SPEAKER : Order, please,
members!
Ms L. METTAM : — into
Parliament yesterday —
Several members interjected.
The SPEAKER : Members, I am
going to ask the Leader of the Liberal Party to start her question from the
beginning. We have had six or seven people interjecting quite incessantly.
Hopefully, we will not have a recurrence of that.
Ms L. METTAM : I refer to
Labor's spectacular backflip on the Aboriginal culture heritage laws
and the new bill that was introduced into Parliament yesterday.
(1) Can the
minister confirm that the Aboriginal Cultural Heritage Act 2021 and associated
regulations are still applicable?
(2) If yes, can
the minister confirm that the statutory defence under the Aboriginal Heritage
Act 1972 can still be relied upon from now until the Aboriginal Cultural
Heritage Act 2021 is formally repealed?
Point of Order
Mr D.A.
TEMPLEMAN : I am querying whether the second part of the question requests
a legal opinion.
The
SPEAKER : Potentially, there is an
element of seeking a legal opinion, which is not allowed under the standing
orders, as the Leader of the House quite correctly pointed out. The Minister
for Aboriginal Affairs is an experienced member of Parliament. I ask you
to take that into account in your response.
Questions without Notice Resumed
AnswerView source ↗
(1)–(2) Thank
you, Madam Speaker. Yes, the 2021 legislation will remain in existence until it
is repealed and the new act comes into place, which we will debate. The length
of time that the 2021 legislation remains in existence
will obviously depend a lot on how long the opposition wants to debate the bill
that comes before the house and goes to the upper house. It will be
entirely up to the opposition, but we have made it quite clear that the 2021
act will remain until the new bill, which was introduced yesterday, becomes law
and the 2021 act is repealed.
you, Madam Speaker. Yes, the 2021 legislation will remain in existence until it
is repealed and the new act comes into place, which we will debate. The length
of time that the 2021 legislation remains in existence
will obviously depend a lot on how long the opposition wants to debate the bill
that comes before the house and goes to the upper house. It will be
entirely up to the opposition, but we have made it quite clear that the 2021
act will remain until the new bill, which was introduced yesterday, becomes law
and the 2021 act is repealed.
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