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Notice given 19 August 2002

558  Senator Harris: To ask the Minister representing the Minister for the Environment and Heritage—Can copies of the following documents be provided:

(a) Mission Beach Local Marine Advisory Committee (LMAC) minutes for the years 1999, 2000, 2001 and 2002;

(b) the list of invitees to LMAC, and Great Barrier Reef Marine Park Authority (GBRMPA) meetings and social functions for the years 1999, 2000, 2001 and 2002;

(c) GBRMPA Board agenda and minutes from July 2001 to date;

(d) recommendations and papers from the LMAC and the GBRMPA relating to the proposed Mission Beach trawl closure;

(e) the formal consultation process undertaken in relation to the proposed Mission Beach trawl closure; and

(f) all correspondence, faxes, e-mails and ministerial briefing papers between the LMAC, the GBRMPA and the Minister and his staff relating to the proposed Mission Beach trawl closure.

560  Senator Sherry: To ask the Minister for Revenue and Assistant Treasurer—With reference to the Minister’s announcement on 2 July 2002 relating to financial assistance to the Australian Independent Superannuation Fund (AISF):

(1) When was the application for assistance under Part 229 of the Superannuation Industry (Supervision) Act 1993 lodged with the Assistant Treasurer or her predecessor, the Minister for Financial Services and Regulation.

(2) When did the theft, as outlined in the Assistant Treasurer’s media release, occur.

(3) For the purpose of granting financial assistance under section 231 of the Act, what did the Assistant Treasurer determine the total ‘eligible loss’ suffered by the AISF to be.

(4) (a) What was the name of the trustee director imprisoned for theft; and (b) when did this conviction occur.

(5) Was the AISF a ‘public offer superannuation fund’ as defined by section 18 of the Act.

(6) Did Broadway Fiduciary receive any payment as trustee of the AISF.

(7) Was Broadway Fiduciary an ‘approved trustee’ under Part 2 of the Act; if so, did Broadway Fiduciary meet the capital requirement under section 26 of the Act; if Broadway Fiduciary did not meet this requirement, when did the Australian Prudential Regulation Authority (APRA) become aware that this was the case.

(8) Did Broadway Fiduciary meet the equal representation requirements under Part 9 of the Act; if not, when did APRA first become aware of this.

(9) (a) Under what circumstances did the 160 members of the AISF who suffered losses as a result of theft become members of the fund; (b) did members chose to make rollovers or personal contributions to the AISF; (c) did members chose the AISF as the destination for employer contributions or did their employers make contributions to the AISF under an award, industrial agreement or contract; and (d) who, if anyone, were the employer sponsors of AISF.

(10) When did APRA first become aware that the AISF had suffered a loss as a result of theft.

(11) (a) Did APRA remove Broadway Fiduciary as trustee of the AISF under section 133 of the Act; and (b) did APRA appoint Denara as ‘acting trustee’ under section 134 of the Act; if so: (i) what process did APRA use to select the replacement trustee, and (ii) what conditions, if any, did APRA impose on the acting trustee under section 135 of the Act; if not, under what circumstances was Broadway Fiduciary replaced as trustee.

(12) Is Denara receiving any payment as acting trustee of the AISF; if so, was any of this payment included in the eligible loss for the purpose of financial assistance under Part 23 of the Act.

561  Senator Sherry: To ask the Minister for Revenue and Assistant Treasurer—With reference to superannuation funds for which Commercial Nominees of Australia Pty Limited (CNAL) was trustee:

(1) What are the current assets of the following superannuation funds: (a) the Australian Workforce Eligible Rollover Fund (AWERF); (b) the Network Superannuation Fund; and (c) the Midas Super Fund.

(2) What are the losses estimated to have occurred in these funds prior to the replacement of CNAL as trustee in December 2000: (a) as a result of exposure to the Enhanced Cash Management Trust (ECMT); and (b) as a result of exposure to the Enhanced Equity Fund (EEF).

(3) (a) How many members did each of these funds have; and (b) how many members of these funds are estimated to have been affected by these losses.

(4) What was the: (a) minimum; (b) maximum; and (c) average, loss incurred by these members.

(5) With reference to the Australian Prudential Regulation Authority’s (APRA) submission 225 to the then Senate Select Committee on Superannuation and Financial Services dated 13 July 2001, which indicates that losses incurred through the ECMT and EEF affected many but not all of the members of the AWERF: Why was this the case.

(6) (a) What losses have occurred in each of the three funds since the replacement of CNAL as trustee; (b) how many members of these funds are estimated to have been affected by these losses; and (c) what is the: (i) minimum, (ii) maximum, and (iii) average, loss incurred by these members.

(7) On what basis have Oak Breeze, as replacement trustee of the AWERF, and ACT Super Management, as replacement trustee of the Network Superannuation Fund and the Midas Super Fund, debited fees against member accounts; (b) what is the total value of the fees charged by the trustees of each fund; and (c) what is the: (i) minimum, (ii) maximum, and (iii) average, fee incurred by members of these funds thus far.

(8) Have Oak Breeze and ACT Super Management fulfilled their reporting obligations, under the Superannuation Industry (Supervision) Act 1993 and Regulations, to members of the respective funds; if not, has any action been taken to ensure they comply with these requirements.

(9) Have APRA, Oak Breeze, ACT Super Management or any other parties undertaken an investigation of whether ‘fraudulent conduct or theft’, within the meaning of Part 23 of the Act, has occurred in relation to any of these funds and their investments in the EEF and the ECMT.

(10) Have Oak Breeze or ACT Super Management made, or indicated that they intend to make, an application for financial assistance under section 229 of the Act in relation to any of these three superannuation funds; if not, why not.

562  Senator Sherry: To ask the Minister for Revenue and Assistant Treasurer—With reference to the Freedom of Choice Monthly Income Pool (MIP):

(1) With reference to correspondence to Senator Sherry, dated 9 August 2002, in which the Australian Prudential Regulation Authority (APRA) stated that MIP funds were not invested in the Commercial Nominees of Australia Pty Limited (CNAL) Enhanced Cash Management Trust but in the Enhanced Income Trust (EIT): (a) was CNAL at any stage the trustee of the EIT; if so, when did CNAL cease to be the trustee of the EIT; (b) was this a result of being replaced as trustee by APRA or the Australian Securities and Investments Commission; and (c) who is the replacement trustee of the EIT.

(2) (a) What steps have APRA, Perpetual or Australian Unity Funds Management taken to ascertain whether ‘fraudulent conduct or theft’, within the meaning of Part 23 of the Superannuation Industry (Supervision) Act 1993 , occurred in relation to investments by the MIP in the EIT; and (b) have APRA, for example, appointed an inspector to the MIP and/or the EIT.

564  Senator Evans: To ask the Minister for Justice and Customs—

(1) In relation to the activity of the fleet of Bay Class Vessels (BCVs), for each of the 2000-01 and 2001-02 financial years: (a) how many seagoing days were achieved; (b) how many days maintenance were required to keep the fleet operational; and (c) what was the target for seagoing days for the fleet.

(2) Can information be provided of the costs associated with the following aspects of the BCVs: (a) initial value (ie. purchase price paid for each BCV); (b) average annual maintenance costs since introduction (include any automatic payments made to contractor for ongoing maintenance, as well as additional costs for any irregular or extra repairs that have been needed); (c) daily running costs (on a seagoing day); and (d) daily crew costs (ie. a breakdown of salary, on-costs, training etc.)

(3) Please describe what sea state the BCV fleet: (a) usually operates in; and (b) is capable of operating in, and what this description means in practical terms.

(4) Can the Minister confirm that the BCVs are not capable of operating in all parts of the Australian Exclusive Economic Zone (EEZ), and describe in general terms where these parts are (eg. Torres Strait, Heard and Macdonald Islands, the Australian Antarctic Territory etc.).

(5) Other than the BCVs, does Customs loan any assets to Coastwatch, or have assets that are tasked by Coastwatch (eg. outboards or smaller vessels).

(6) In relation to Coastwatch, can the following information be provided for each of the 1999-2000, 2000-01 and 2001-02 financial years: (a) the number of vessels intercepted; and (b) the number of vessels apprehended (including an indications of the illegal activity suspected).

(7) In each of the 1999-2000, 2000-01 and 2001-02 financial years how many times was a suspected illegal vessel sighted by aerial surveillance in circumstances in which there were not the resources available to intercept the vessel.

(8) (a) How many flying hours in total did Coastwatch undertake (ie. task) in each of the 2000-01 and 2001-02 financial years; and (b) of these, in each financial year, how many were provided by Defence.

(9) Do any of the civil aircraft used by Coastwatch have: (a) radar equipment; and (b) any specialist patrolling or surveillance capability; if the answer to (b) is yes, describe briefly what this capability is, if the answer to either (a) or (b) is yes, how does the capability differ from that of P3-C Orions.

(10) Can a list be provided of: (a) the contractors, if any, that provided seagoing vessels to Coastwatch in each of the 2000-01 and 2001-02 financial years; (b) how many hours each was contracted to supply; and (c) how much Customs paid under the contract.

(11) In relation to Coastwatch’s relationship with relevant state and territory agencies, what formal arrangements are in place to ensure the timely communication of information.

(12) What is Surveillance Australia’s annual average for staff turnover for each of the financial years since 1995-96, to the end of the 2001-02 financial year.

(13) When was the last revised performance measurement system for contractors used by Coastwatch implemented.