Senator MARGETTS(10.58 a.m.) —I thank the minister for that advice but I must say that it was just one item of the bill that I mentioned yesterday. That was the one that was startlingly obvious to us. If the minister has received legal advice indicating that part of the bill needs to be withdrawn because it may be open to legal challenge if the bill goes through in its present form, which may well invalidate the entire election, has he checked on people's expectations of the total bill to see whether the whole bill could be blown apart and, once again, the elections invalidated? Has the minister received legal advice in relation to the total bill and the implications for possible wide-open legal challenges?

Senator Herron —The bill is not open to challenge. ATSIC has checked it out and the answer is that it does not see any likelihood of challenge.

Senator MARGETTS —Could I just clarify that? Has the minister received legal advice that the election may not be open to legal challenge as a result of us passing this bill today?

Senator Herron —Any election is open to legal challenge, as you know, Senator Margetts, even in the House of Representatives. That notwithstanding, ATSIC has checked through and does not see any likelihood of legal challenge to anything if the bill is passed.

Senator MARGETTS —There was a question I asked before which I do not think the minister has answered. He may correct me on this. Who would pay the extra $4.7 million, at least, if the election was invalidated and had to be taken again as a result of us rushing through this bill today?

Senator Herron —ATSIC.

Senator MARGETTS —So as a result of the Senate taking an action, ATSIC would have another $4.7 million removed from its funding?

Senator Herron —ATSIC always pays for the election—always has and, presumably, always will.