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Legislative Assembly for the ACT: 2004 Week 09 Hansard (Tuesday, 17 August 2004) . . Page.. 3770 ..

Perhaps it reflects well on an electoral system that is likely to return minority governments that are then inclined to do the extra yards in order to ensure the passage of their legislation. I refer to the detail of these amendments as first drafted. Basically, the bill decrees that any information on Aboriginal places or objects will be restricted unless the Heritage Council determines otherwise. These amendments will turn around that process and ensure that council consults with Aboriginal groups before declaring such information restricted. Concern has been expressed about the fact that circulating information relating to Aboriginal places and objects can open them up to theft, vandalism and disrespect.

It would be more respectful of living Aboriginal culture if such decisions were made in consultation with representative Aboriginal organisations. The government’s amendments to clause 53 make it clear that the offence of publishing restricted information does not apply in the same way to people with a traditional affiliation to a place or object. In other words, more of the responsibility will rightly rest with those who have a living relationship to the place or object.

Amendments agreed to.

Clause 51, as amended, agreed to.

Clause 52.

MR WOOD (Minister for Disability, Housing and Community Services, Minister for Urban Services, Minister for Police and Emergency Services, Minister for Arts and Heritage, and Acting Minister for Health) (8.20): The government opposes this clause.

Clause 52 negatived.

Clause 53.

MR WOOD (Minister for Disability, Housing and Community Services, Minister for Urban Services, Minister for Police and Emergency Services, Minister for Arts and Heritage and Acting Minister for Health) (8.21): I move amendment No 26 circulated in my name [see schedule 3 at page 3803]. This amendment will refine the offence to publishing restricted information, which is already in the bill, and make it even clearer that those with a traditional affiliation to a place or object may publish restricted information about it to other Aboriginal people for the purpose of educating them about Aboriginal tradition and to protect such places and objects from harm.

Amendment agreed to.

Clause 53, as amended, agreed to.

Clauses 54 and 55, by leave, taken together and agreed to.

Clauses 56 to 59, by leave, taken together.

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