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Thursday, 31 May 1984
Page: 2316

Senator Walsh —On 7 May 1984 (Hansard, page 1626) Senator Watson asked me, as Minister representing the Treasurer, a question without notice:

Could the Minister advise the Senate how many cases are before the courts where the Commissioner of Taxation has applied Part IVA? Further, how many cases does the Commissioner have in the pipeline awaiting a hearing, using this anti- avoidance provision?

The Treasurer has provided the following answer to the honourable senator's question:

The Commissioner of Taxation has informed me that, to date, no cases involving the operation of Part IVA of the Income Tax Assessment Act have reached the appellate stage. He went on to say that a number of cases have reached the objection stage, that is, taxpayers have objected to assessments made in reliance on Part IVA. The objections are currently under consideration.

The Commissioner further stated that he would not expect decisions involving the operation of Part IVA to be given by courts or taxation boards of review until next year.


Senator Gareth Evans —On 9 May 1984 (Hansard, page 1870) in the adjournment debate Senator Missen asked me, as Minister representing the Minister for Foreign Affairs, a number of questions concerning the reported death in Jayapura of Mr Arnold Ap, the former curator of the Anthropological Museum at Cenderawasih University.

The Minister for Foreign Affairs has provided the following answer to the honourable senator's questions:

As noted in my reply of 9 May to Senator Missen, Mr Ap and about 20 other persons were arrested in Jayapura late in November 1983 for alleged involvement with the Free West Papua Movement.

In December 1983 our Embassy in Jakarta discussed the arrests with the Chairman of the Legal Aid Institute, Mulya Lubis, and was informed that the Institute was making representations about the detainees to the Military Commander of Irian Jaya, Brigadier-General Sembiring. In the absence of further detailed information in Jakarta, the recent visit to Irian Jaya of the Australian Ambassador to Indonesia, Mr Rawdon Dalrymple, was used inter alia to make representations about Mr Ap to General Sembiring and to the Governor of Irian Jaya, Isaac Hindom.

In his discussions with General Sembiring on 11 April, Mr Dalrymple was told that Mr Ap was in detention and that he would be brought to trial after the authorities had completed collecting evidence against him. Given these assurances, it was with dismay that the Government learnt of reports that Mr Ap had been shot and killed after escaping from detention. The precise circumstances of Mr Ap's death are unclear and the Government has sought confirmation from the Indonesian authorities. It is unclear for example when Mr Ap was killed: some Press reports indicate late April while others refer to 2 May. Most reports agree, however, that Mr Ap did indeed escape from detention.

The Government is nevertheless concerned at the reports of Mr Ap's death and has made its concern known to the Indonesian authorities. The Government further hopes that alleged OPM supporters still in detention in Irian Jaya will be brought to trial without undue delay in accordance with Indonesian law.

It should be noted however that the Government's representation about Mr Ap and other detainees are motivated by humanitarian concerns and do not in any way imply support for the tactics or objectives of the OPM. In this context, the Government condemns the recent killings by the OPM of those Indonesians unfortunate enough to fall into its hands.


Senator Ryan —On 30 May 1984 (Hansard, page 2143) Senator Townley asked the Minister representing the Minister for Home Affairs and Environment, the following question without notice:

Is it a fact that the Minister for Home Affairs and Environment will shortly be determining a number of appointments and re-appointments to the Council of the Australian National Gallery and will the Minister consider making the membership of that Council more widely representative and dispersed both geographically and by occupation and qualification. When does the Minister anticipate making an announcement on the future membership of that Council and before making any appointment or re-appointment will the Minister table in Parliament the attendance records of the present members of that Council.

The Minister for Home Affairs and Environment has provided the following answer to the honourable senator's question.

Section 13 (2) of the National Gallery Act 1975 provides that members of Council, other than the Director,

'shall be appointed by the Governor-General having regard to their knowledge and experience with respect to the visual arts or any other area of knowledge relevant to the affairs of the Gallery.'

The terms of three members of Council will expire on 30 June 1984.

The Government is presently giving consideration to recommending to the Governor-General names of persons to fill the vacancies.

As part of its consideration the Government will be seeking to appoint an appropriate balance of persons with the required qualifications.

The appointments will be announced after they have been made by the Governor- General.

I table the latest information available to me on attendances at meetings by members of the National Gallery Council.



1.1.1982 to

Date of Expiry 8.5.1984 Name

Sex Age appointment date (24 meetings) Comment

Gordon Darling M 63 1.1.1982 2.6.1982 Member 22

3.6.1982 31.12.1984 Chairman John Davies M 66 3.6.1976 30.6.1986 24 James Fairfax M 51 3.6.1976 30.6.1984 15 Robert Piper M 55 8.1.1982 30.6.1986 22 Marc Besen M 61 8.1.1982 30.6.1984 18 Virginia Spate F 47 8.1.1982 30.6.1984 14 Six months

sabbatical leave

Tom Critchley M 68 1.7.1982 30.6.1985 19 Maximum possible

attendances: 19

Lenore Nicklin F 46 1.7.1982 30.6.1985 16 Maximum possible

attendances: 19

Murray Elliott M 63 1.7.1982 30.6.1985 19 Maximum possible

attendances: 19

Jacqueline Hick F 64 26.8.1982 30.6.1985 18 Maximum possible

attendances: 19

James Mollison M 52 February 1977 February 1989 23