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NOTICES

Senator Vanstone: To move on the next day of sitting--That the Senate--

(a) notes that the Government has agreed to pay the legal costs of

the Minister for Human Services and Health (Dr Lawrence) in

relation to her legal challenge to, and possible involvement in,

the Western Australian Royal Commission into the Penny Easton

affair;

(b) is aware of widespread public concern at the absence of

convincing explanations for the payment of public money for Dr

Lawrence in relation to legal proceedings and inquiries which

arose from her period as a member of the Western Australian

Legislative Assembly some years before her election to the

Commonwealth Parliament;

(c) is concerned at the unexplained use of the essentially massive

financial resources of the Commonwealth Government for the

private legal proceedings of an Australian Labor Party (ALP)

minister, and at the profound effects this precedent must have

on the notions of equality before the law and public and

accountable use of public monies;

(d) notes that, if such financial and legal resources are placed at

the disposal of an ALP minister for private legal proceedings,

no Australian citizen can lightly embark on private legal

proceedings involving an ALP minister, whatever the grievance

and however soundly-based the cause, for fear of the

implications of a contest with a person with access to the

public treasury of the Commonwealth to pay the minister's legal

costs;

(e) calls for the fullest possible explanations, justifications,

accountability and documentation in relation to a matter giving

rise to such implications; and

(f) resolves that there be laid on the table, not later than 5 p.m.

on 28 June 1995, by the Minister representing the

Attorney-General (Senator Bolkus), the following:

(i) copies of all correspondence and other documents

(whatever their form) exchanged between Dr Lawrence and

the Attorney-General (Mr Lavarch) and/or the Minister

for Justice (Mr Kerr) in relation to the following

matters, namely, the possible or actual provision to Dr

Lawrence of legal advice or financial assistance in

relation to any challenge to, or involvement in, the

Western Australian Royal Commission into the Penny

Easton affair,

(ii) copies of all correspondence and other documents

(whatever their form) exchanged between the

Attorney-General and the Prime Minister (Mr Keating) in

relation to the matters referred to in paragraph (i),

(iii) copies of all correspondence and other documents

(whatever their form) exchanged between the Prime

Minister and Dr Lawrence in relation to the same

matters,

(iv) copies of any notes, memos, briefs and documents

(whatever their form) prepared by any Commonwealth

official in relation to the same matters, and

(v) copies of any legal advice prepared by any Government

lawyer in relation to the same matters.

The Chair of the Standing Committee on Regulations and Ordinances

(Senator Colston): To move 15 sitting days after today--

No. 1--That the Casino Control (Amendment) Ordinance 1995, Territory

of Christmas Island Ordinance No. 2 of 1995 made under the Christmas

Island Act 1958, be disallowed.

No. 2--That the Petroleum Products Freight Subsidy Scheme Amendment

No. 95/03, made under section 4 of the States Grants (Petroleum

Products) Act 1965, be disallowed.

No. 3--That the Civil Aviation Orders, Part 105 AD/B747/148, made

under the Civil Aviation Act 1988, be disallowed.

No. 4--That the Determination of Technical Standard Notice TN2 of

1995, TS-024-1995 "Broadcaster Interface", made under section 246 of

the Telecommunications Act 1991, be disallowed.

No. 5--That the Civil Aviation Orders, Part 105 AD/AB3/65 Amdt 1, made

under the Civil Aviation Act 1988, be disallowed.

No. 6--That the Sales Tax Assessment Regulations (Amendment), as

contained in Statutory Rules 1995 No. 86 and made under the Sales Tax

Assessment Act 1992, be disallowed.

No. 7--That the Sales Tax Procedure (Old Law) Regulations (Amendment),

as contained in Statutory Rules 1995 No. 87 and made under the Sales

Tax Procedure Act 1934, be disallowed.

Senator Colston, by leave, made a statement relating to the notices of

motion.

Senator Lees: To move on the next day of sitting--That the Nursing Homes

Financial Arrangements Principles (Amendment No. 2 of 1995), made on 24

May 1995 under subsection 40AA(7) of the National Health Act 1953, be

disallowed.

Senator Baume: To move on the next day of sitting--That the Senate--

(a) notes that:

(i) the Commonwealth of Australia Gazette for 21 June 1995

lists a series of purchases by the Australian Taxation

Office (ATO) of items for the temporary residence in

Wollongong of the Deputy Commissioner of Taxation, and

(ii) these include miscellaneous whitegoods valued at $3

830, bedroom furniture and manchester at $2 880 and

furniture at $3 630.70--a total of $10 340.70;

(b) calls on the ATO to explain:

(i) why these purchases have been made,

(ii) whether it is normal procedure for ATO officers'

temporary homes to be furnished at taxpayers' expense,

(iii) what fringe benefits tax is involved, and

(iv) what will happen to the items when the Deputy

Commissioner moves into a permanent residence;

(c) calls on the ATO to disclose whether sales tax was paid on these

purchases and, if none was paid, what amount of sales tax would

have been payable had the Deputy Commissioner been obliged to

purchase his furniture himself; and

(d) calls on the ATO to explain whether private enterprise employers

have access to the same sales tax avoidance arrangement as

appears to exist in this case.

Senator Crane: To move on the next day of sitting--That the Senate--

(a) notes that:

(i) by notice dated 6 August 1992, the Credit Committee of

the Commonwealth Bank Board was informed by the

appropriate officers of the Commonwealth Bank that a

provision for loss of principal had been approved for

$4.5 million regarding debt owed by the Brown and

Hatton Group Pty Ltd,

(ii) the principals and/or directors listed by the bank

included Mr A Constantinidis and Mr P Keating,

(iii) on 12 March 1993, the day before the last election, the

Commonwealth Bank successfully took out an injunction

to prevent Channel 10 television from reporting that

this $4.5 million loss provision had been made by the

bank against the then $20 million debt of the

half-owned Brown and Hatton Group Pty Ltd of the Prime

Minister (Mr Keating), and

(iv) this injunction was granted by the Supreme Court of New

South Wales in Commonwealth Bank of Australia v

Television and Telecasters, Channel 10 (Supreme Court

File 1775/93); and

(b) expresses its concern at the Australian people's being prevented

from being informed about the inability of Mr Keating's

half-owned group of piggery companies to pay its debt to the

Government's own bank.

Senator Patterson: To move on the next day of sitting--That the Nursing

Homes Financial Arrangements Principles (Amendment No. 1 of 1995) and

the Nursing Homes Financial Arrangements Principles (Amendment No. 2 of

1995), each made on 24 May 1995 under subsection 40AA(7) of the National

Health Act 1953, be disallowed.

Senator Abetz: To move on the next day of sitting--That the Senate--

(a) condemns the Labor Government for not dissociating itself from

the insensitive comments made by His Excellency the

Governor-Generalon the occasion of the Arthur Mills Oration when

His Excellency said, "having had a full and satisfying lifetime

there is a point when the succeeding generations deserve to be

disencumbered--to coin a clumsy word--of some unproductive

burden;

(b) acknowledges the value of each and every human life irrespective

of age or health; and

(c) calls on the Labor Government to ensure that all elderly

citizens in poor health are fully cared for and provided with

the support to which all Australians ought be entitled.

Senator Chamarette: To move on 29 June 1995--That--

(1) The Senate notes:

(a) continuing disquiet among Aboriginal and Torres Strait

Islander people about the decision of the Aboriginal

and Torres Strait Islander Commission (ATSIC) Board to

set aside $10 million for land purchases in the

Northern Territory and $2 million for other priority

national purchases in each of the next two years;

(b) growing concern among Aboriginal and Torres Strait

Islander people about the recent appointments by the

Minister for Aboriginal and Torres Strait Islander

Affairs (Mr Tickner) to the Indigenous Land Corporation

Board;

(c) the failure of ATSIC to fully account for that decision

to the Parliament of Australia and the people of

Australia; and

(d) the failure of the Government to fully account for the

agreements it made with ATSIC and certain Aboriginal

organisations about the allocation of money from the

Land Fund.

(2) A select committee, to be known as the Select Committee on

Certain Land Fund Matters, be appointed to inquire into and

report, on or before 30 September 1995, on the following

matters:

(a) whether the decision by the ATSIC Board referred to in

paragraph (1)(a) was equitable and reasonable;

(b) what were the terms of the agreement between the

Government, ATSIC and any Aboriginal organisations

about special treatment for the Northern Territory for

land acquisitions from ATSIC's Land Acquisition and

Maintenance Program;

(c) whether there were any other agreements between the

Government, ATSIC and/or Aboriginal people arising from

negotiationson the Native Title Act or the Land Fund

Bill; and

(d) whether any of these agreements constitute a deception

or a breach of faith on the part of the Government or

ATSIC toward Aboriginal and Torres Strait Islander

people or the Northern Territory Government.

(3) The committee consist of seven senators:

(a) two nominated by the Leader of the Government in the

Senate;

(b) three nominated by the Leader of the Opposition in the

Senate;

(c) one nominated by the Leader of the Australian

Democrats;

(d) one nominated by the Greens (WA) or Senator Harradine.

(4) The committee may proceed to the dispatch of business

notwithstanding that all members have not been duly nominated

and appointed and notwithstanding any vacancy.

(5) (a) The chair of the committee be elected by the members of

the committee from the members of the committee.

(b) In the absence of agreement on the selection of a chair,

duly notified to the President, the allocation of the chair

be determined by the Senate.

(c) The deputy chair of the committee be elected by the

committee from the members of the committee immediately

after the election of the chair.

(d) The deputy chair act as chair when there is no chair or the

chair is not present at a meeting.

(e) In the event of the votes on any question before the

committee being equally divided, the chair, or the deputy

chair when acting as chair, have a casting vote.

(6) The quorum of the committee be three members.

(7) The committee and any subcommittee have power to send for and

examine persons and documents, to move from place to place and

to sit in public or in private, notwithstanding any prorogation

of the Parliament or dissolution of the House of

Representatives.

(8) The committee have power to appoint subcommittees consisting of

three or more of its members, and to refer to any such

subcommittee any of the matters which the committee is empowered

to consider, and the quorum of a subcommittee be a majority of

the senators appointed to the subcommittee.

(9) Without limiting its power to pass procedural or other

resolutions that are not inconsistent with this paragraph or

these terms of reference, the committee observe the following

procedures:

Submissions and calling of witnesses

(a) As a general principle, evidence be invited in the

first instance in the form of written submissions and

following examination of submissions, the committee

decide which witnesses are to be called for

examination.

(b) Subject to any contrary order in relation to a

particular submission, the submission to the committee

by a person of a statement relating to the inquiry be

deemed to be the giving of evidence before the

committee by that person in accordance with that

statement.

Evidence

(c) Evidence be heard in public session except in instances

where the committee or a subcommittee resolves to hear

evidence in camera.

Statements to the media

(d) The chair be authorised to make statements to the media

on behalf of the committee concerning its activities.

Broadcasts and re-broadcasts of public proceedings

(e) The recording, broadcasting and re-broadcasting of

public proceedings is authorised in accordance with the

rules contained in the order of the Senate of 23 August

1990, as varied by the Senate from time to time,

concerning the broadcasting of committee proceedings.

Release of evidence and documents

(f) The secretary is authorised to supply for correction,

copies of proof reports of both public and in camera

proceedings to the witnesses whose evidence appears in

those reports.

(g) Subject to any contrary order in relation to a

particular submission, each document submitted to the

committee be published.

Adverse Evidence

(h) Subject to any contrary order, evidence which adversely

reflects on a person be forwarded to that person

inviting their response.

(10) (a) The terms of reference of the inquiry be appropriately

advertised in the media.

(b) Written submissions be sought and examined by the committee

and oral evidence be heard.

(11) The committee be provided with all necessary staff, facilities

and resources and be empowered to appoint persons with

specialist knowledge for the purposes of the committee, with

the approval of the President.

(12) The committee be empowered to print from day to day such

documents and evidence as may be ordered by it, and a daily

Hansard be published of such proceedings as take place in

public.

(13) The committee may report from time to time its proceedings and

evidence taken or any interim conclusions or recommendations

arising from its inquiry, and may make regular reports on the

progress of its proceedings.

Senator Bell: To move on the next day of sitting--That the Senate--

(a) notes that:

(i) the Hobart City Council was awarded the 1995 National

Award for Innovation in Local Government Waste

Management for its Worm Recycling Nematode Project

which has the potential to convert 170 tonnes of waste

into 110 cubic metres of organic fertiliser each week,

and

(ii) the award was accepted by the Council's Director of

Environmental Services, Mr Chee Liew, at the Institute

of Municipal Management Congress held in Canberra in

1995;

(b) congratulates the Hobart City Council for this achievement; and

(c) encourages other Australian local governments to consider

implementing similar projects.