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Notice given 21 November 2006

2819  Senator Webber: To ask the Minister representing the Minister for Revenue and Assistant Treasurer—

(1) What action is the Australian Securities and Investment Commission (ASIC) taking against the directors of Westpoint Corporation Pty Ltd.

(2) Is the Minister aware of any proposed legislation or amendments that would have prevented the actions of the Westpoint directors.

(3) Is the Minister aware of any representation made by ASIC to have legislation amended that would have prevented mezzanine finance deals similar to those employed by Westpoint.

(4) Did ASIC believe that Westpoint mezzanine funds were regulated products.

(5) On what dates did KPMG sign off on Westpoint’s accounts in the past 6 years.

(6) What action did the Australian Prudential Regulatory Authority (APRA) and ASIC take when they first discovered that Westpoint was acting as a bank without a licence.

(7) Why did APRA and ASIC take a long time to realise that Westpoint was breaking the law.

(8) Why has APRA not increased the limits for Financial Industry Complaints Service jurisdiction.

2820  Senator Crossin: To ask the Minister representing the Minister for Families, Community Services and Indigenous Affairs—With reference to the Tiwi Land Council (TLC):

(1) What employment and training strategies have been developed between the companies Great Southern Plantations and Matilda Minerals and with the people of the Tiwi Islands to ensure that the people of the Tiwi Islands benefit from employment in these industries.

(2) Does the TLC have an employment strategy when it negotiates with any new companies wanting to set up on the Tiwi Islands.

(3) What role does the TLC have in investigating any environmental impact statement of these businesses.


 (4) To date, what is the value in dollars of logs that have been exported from the Tiwi Islands.

(5) For each of the financial years 2004-05 and 2005-06, how much have each of the above businesses paid in royalties.

(6) (a) To whom are royalties paid; and (b) into which accounts.

(7) Where are royalties and associated expenditure recorded and reported.

(8) For each of the financial years 2004-05 and 2005-06, can a list be provided of expenditure from any such accounts.

(9) (a) How do community members apply to use such funds; (b) is there a formal application form; and (c) how are any applications considered.

(10) Who approves expenditure and signs off on decisions.

(11) Has the Tiwi Islands secondary college proposed site been changed; if so: (a) where is the new site; (b) is this a permanent or temporary move; (c) h as this relocation been discussed and agreed to with the stakeholders or landowner; (d) how, if at all, will this affect the proposed budget for establishing the college; (e) if required, where will any additional funds come from; (f) how much in funding is coming from royalties or from companies operating on the Tiwi Islands; and (g) how will any changes affect the opening date or other arrangements.

(12) Given that it is a stated role of the TLC Management Board to assess the impact and make recommendations to the TLC in regard to any new Commonwealth and state legislation and policy affecting the people of the Tiwi Islands, what meetings were held to discuss the Aboriginal Land Rights (Northern Territory) Amendment Act 2006.

(13) What recommendations were made by the Management Board to TLC about this legislation.

(14) What discussions were held with the traditional owners and the Tiwi Island Local Government (TILG) about this legislation.

(15) Has the TLC held any official meetings with any government departments about this legislation; if so: (a) when; (b) with whom; and (c) who was in attendance.

(16) What consultations have been undertaken with the TILG on these issues.

(17) Has TLC made any definite undertakings or signed any agreements with the Government over the 99 year leases.

(18) (a) What rent is being paid by the TLC for its Darwin office; and (b) who owns the office.

(19) For each of the years 2005 and 2006 to date, how many TLC meetings, including Management Board and full meetings, have been held: (a) on the Tiwi Islands; and (b) in the Darwin office.

(20) (a) Where are the minutes of any meetings held; and (b) are the minutes easily available to stakeholders like the people of the Tiwi Islands and the TILG.

(21) In relation to a 600 hectare subdivision for private investment and development of a residential village of 40 blocks with a marina and airfield on Melville Island, referred to in the TLC annual report under proposals considered by TLC: (a) what was this proposal; (b) who made the proposal; and (c) was any decision made regarding the proposal .


 (22) Given that the records of a meeting held on 20 September 2006 at Maxwell Creek Camp, show that the TLC and the TILG seemed to agree that improvements in communications between the two bodies was needed and that TILG/TLC would meet every 2 months with a date to be fixed for November 2006: (a) has this been done; and (b) has a communication strategy commenced.

(23) How much does the Nguiu Club pay per annum on its present lease.

(24) (a) Where is the current registered address for Pirntubula Pty Ltd; and (b) is this the principal place of business.

(25) What is the stated business of Pirntubula.

(26) From which source(s) does it get revenue.

(27) On what does Pirntubula spend its money.

(28) Can copies be provided of the latest Pirntubula reports.

(29) Does the Minister consider that there is any potential for a conflict of interest in the same person being secretary of the TLC and Pirntubula.

(30) Has Pirntubula made any payments to any of the companies that employ non-Tiwi members of the Management Board.

(31) How are people of the Tiwi Islands informed of any proceedings/minutes of the company (for example, is it via computer access or are actual hard copies distributed).

(32) Who owns the logs that are exported (for example, is it Great Southern Plantations, Pentarch or some other company).

(33) (a) When logs are shipped, is payment usually made at the point of departure of the shipment or are they sold when they arrive at the destination; and (b) to whom is payment made.

(34) What information on such sales is provided to the TLC.

(35) Subsequent to the payment was any part of this income paid to any other person or business; if so, can documentation be provided; if not, what has happened to this income.

(36) Is the term Red Tiwi, a Pentarch marketing term for the following three types of hardwood, stringybark, woolybutt and Melville Island bloodwood; if so: (a) what is the real market value of each; (b) for what amount are they being sold; and (c) what is the profit on these sales.

(37) If the term Red Tiwi does not refer to one of the above three types of trees, in precise terms what is meant by Red Tiwi.

(38) Given that at an estimates hearing of the Community Affairs Committee on 2 November 2006 (Committee Hansard , p. 44), it was stated that to date only one shipment of logs has made a profit of $75 000, to which body or account will this money go.

(39) After the Tiwi Islands Football Club has been given its $40 000: (a) how will this income be distributed; and (b) who will distribute it.

(40) How much, if anything, have the following companies or organisations been paid from the sale of logs from the Tiwi Islands: (a) Sylvatech Pty Ltd; (b) Great Southern Plantations; (c) Pirntubula; (d) Pentarch Forest Products Ltd; (e) Pentarch Ltd Group of Companies; (f) Stratus Shipping (a subsidiary of Pentarch); (g) Pensyl Ltd (a joint venture between Sylvatech and Pentarch Forest Products); and (h) the TLC.


 (41) For each of the financial years 2003-04, 2004-05, 2005-06 and 2006-07 to date: (a) how much has been paid by Pirntubula to Stratus Shipping Pty; and (b) can details be provided on what each payment was for.

(42) For each of the financial years 2003-04, 2004-05, 2005-06 and 2006-07 to date: (a) how much has been paid to Pensyl Pty Ltd by Pirntubula; and (b) can details be provided on what each payment was for.

(43) Who maintains records of the number or volume of logs exported from Port Melville.