Stoush over names plan
... and it’s out of place, says O’Connor
THE State Government has defended its new Place Names Bill amid criticism from a senior Tasmanian Aboriginal and former Greens leader Bob Brown.
The Bill, which would abolish the independent Nomenclature Board, makes it an offence to “misrepresent the name of a place”. But opponents say the move could diminish Aboriginal heritage.
There will be no sanction for colloquial names or Aboriginal names — WILL HODGMAN We can only take the legislation at face value ... there is no provision in the Bill for people who use in publication an Aboriginal or colloquial name — CASSY O’CONNOR This is another alarming example of this Government’s authoritarianism — Barrister FABIANO
CANGELOSI
THE State Government has leapt to the defence of its new Place Names Bill, which has come under attack since being introduced this week.
The Bill, which would abolish the independent Nomenclature Board, makes it an offence to “misrepresent the name of a place”.
Fines of up to $8400 apply for those who offend, but the Government says that will only be used as a last resort.
The Australian Lawyers Alliance last night described the Bill as an “appalling piece of legislation”.
“Criminalising the use of unapproved place names is unjustifiable in principle,” ALA state president Fabiano Cangelosi said.
“Using an unapproved name for a location is not wrong in itself, it causes no regulatory burden, and it is not a social problem. This is another alarming example of this Government’s authoritarianism and overreach.”
Greens Leader Cassy O’Connor slammed the legislation in State Parliament yesterday — and later described it as insulting.
“We can only take the legislation at face value, and I’ve been through it a few times now — there is no provision in the Bill for people who use in publication an Aboriginal or colloquial name,’’ she said.
Ms O’Connor had asked Premier Will Hodgman in Parliament whether the Bill would apply to Aboriginal people using traditional place names, saying there was no such exemption in the legislation.
“There will be no sanction for colloquial names or Aboriginal names,’’ he said.
Ms O’Connor had earlier claimed the legislation criminalised free speech.
Primary Industries Minister Guy Barnett rejected that assertion, and said no penalties would apply for the use of Aboriginal or colloquial names.
“The penalty provision will only be used as a last resort if a person misuses a place name with the deliberate intent to mislead or deceive,” he said.
“For example, listing a property for sale as being in one suburb, when it is within the boundaries of another.”
Mr Barnett said the new legislation would not allow the Minister to take control of the naming process.
“In the old Act, the minister had the power to overrule the board following an objection,” he said.
“In the new Act, the responsible minister may only approve a recommendation put forward by the panel, or deny the recommendation and send it back to the panel for review.
“The minister can no longer make a unilateral decision.”
Guidelines accompanying the legislation will reference the recently revised Aboriginal and Dual Names Policy, the Government said. And an indigenous advisory panel would be established to make recommendations to the new Place Names Advisory Panel.
The current Nomenclature Board was established by an act of Parliament in 1944, and has among its powers the right to decide the name of any place within the state. The Bill replaces it with the new panel, and a Registrar of Place Names.