Senator PARER (Resources and Energy) (6:47 PM) —I table a revised explanatory memorandum and move:

That the bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard .

Leave granted.

The speech read as follows—

ATSIC is unable to impose conditions on its consent to the disposal of an interest in property.

It is necessary for ATSIC to be able to impose conditions on its consent to the disposal of ATSIC funded property in order to ensure that replacement Aboriginal housing stock remains subject to restrictions on transfer and that the proceeds from the sale of ATSIC funded property are applied in the interests of Aboriginal and Torres Strait Islander people.

Accordingly the bill will amend the ATSIC act to allow consents identifying the person or class of person to whom the property may be transferred. A consent may require a property to be disposed of in a specific way. The bill also allows for conditions to be imposed on consents.

It is not intended that the breach of a condition would lead to the invalidity of the disposal of the property. However, the amendments contain a provision enabling the recovery of a grant by which the property concerned was acquired. This does not preclude ATSIC from exercising other remedies that may be available to it.

The amendments only apply to consents to the disposal of property made after the commencement of the amendment.

There is some doubt that ATSIC's power of delegation to Regional Councils includes the delegation of ancillary powers.

The bill amends the power of delegation to Regional Councils so that such a delegation can enable a Regional council to make the same range of decisions concerning grants, loans and guarantees as other delegates of the Commission can make. The bill also incorporates a Government Amendment which will further clarify the ability of Regional Councils to exercise delegations when making funding decisions under the ATSIC act.

The bill includes an amendment to allow the Commission to delegate its power to approve the disposal of residential property. The amendment is required because of practical administrative necessity. Residential properties are frequently disposed of.

The bill includes an amendment to the effect that in enforcing grant and loan conditions the Commission is not restricted to the statutory remedy provided for in section 20.

The bill also contains amendments of a technical nature to correct drafting errors in the existing act.

I commend the bill.

Ordered that further consideration of the second reading speech of this bill be adjourned until the first day of the winter sittings, in accordance with standing order 111.