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Notice given 3 October 2012

2230  Senator Cormann: To ask the Minister representing the Treasurer—With reference to the High Court of Australia decisions of 2 October 2012, in Forrest v Australian Securities and Investments Commission & Anor and Fortescue Metals Group Ltd v Australian Securities and Investments Commission & Anor:

(1) What is the total cost to the Australian Securities and Investments Commission (ASIC) since the actions were initiated in the Federal Court of Australia.

(2) Can a detailed breakdown of the costs in each case be provided, including those associated with external legal counsel.

(3) Will the High Court decision impact on any other actions that are currently being undertaken or planned by ASIC; if so, how.

(4) What has ASIC learned from the judgments, and will this knowledge impact on the manner in which ASIC deals with similar circumstances in the future; if so, how.

(5) What comment will ASIC provide in regard to paragraphs 23, 24 and 25 of the judgment in Forrest v Australian Securities and Investments Commission & Anor .


 2231  Senator Ludlam: To ask the Minister for Foreign Affairs—With reference to the freedom of information papers FOI Reference No: 11/4734, released on 28 May 2012:

(1) In regard to the recognition of the Saharawi Arab Democratic Republic on page 92, who does the Australian Government recognise as exercising state sovereignty in the area east and inland of the berm which divides Western Sahara.

(2) In regard to the recognition of the Polisario Front in the document entitled Western Sahara: Policy as ‘an important representative body’, and the statement that ‘it would be hard to preclude the emergence of other Western Sahara voices as the situation evolves’, has the Government been approached by any other emerging Western Saharan voices claiming to represent the interests of the Saharawi People.

(3) Given that, prior to 1975, the International Court of Justice advised that Morocco’s claimed legal ties to Western Sahara were not sovereign ties to that territory, does Australia consider that Morocco’s sovereign claims to Western Sahara are more legitimate now than when examined by the International Court of Justice.

(4) If the Government accepts the International Court of Justice decision, that Western Sahara was not terra nullius and that Morocco’s legal ties were insufficient to create any sovereign interest in the territory, why does Government policy attach equal importance/legitimacy to Morocco’s continuing sovereign claim to rule Western Sahara by characterising the issue of sovereignty over Western Sahara as a conflict with two sides.

(5) Does the Government take the view that the International Court of Justice Advisory Opinion was ambiguous in regard to Morocco’s claims to sovereignty over Western Sahara.

(6) Does Morocco’s 36 year occupation of Western Sahara create greater sovereign interest in the natural resources of Western Sahara, allowing it to legally exploit those resources in partnership with Australian companies, despite having no legally recognised sovereign ties to the territory prior to invasion and annexation.

(7) In regard to the United Nations Code for Trade and Transport Locations (UNLOC) (pp. 171-172, 303, 308-309):

(a) is the Government aware that Standards Australia has considered and rejected the UNLOC code as an Australian standard and advises that Australians needing to state country locations in official documents must rely on their own enquiries and legal advice as to the actual geographical location of any particular city or the validity of sovereign claims to resources;

(b) does the Government’s official endorsement of the misleading UNLOC code contradict its policy not to advise importers in regard to the legal implications of importing Western Saharan goods; and

(c) can a list be provided of the number and type of goods imported from the occupied territory of Western Sahara that have declared Western Sahara as the country of origin in importation documents.


 (8) In regard to fishing and information referred to at , and given that trade figures provided for 2007 state ‘prepared seafood’ was imported from Morocco, are these products still being imported and do they come from Western Saharan waters.

(9) In regard to the letter from the Government of Morocco dated 13 February 2008, requesting support for its autonomy plan, what was the Australian Government’s response.

(10) Does the Government support the Moroccan autonomy plan as the preferred solution to the conflict over self-determination in Western Sahara.

(11) Will the Government revise its commercial and military regulations and guidelines so as to make any trade with Morocco conditional upon restoring human rights.

Senator Bernardi: To ask the Ministers listed below (Question Nos 2232-2279)—In regard to each department and agency under the Financial Management and Accountability Act 1997 and each Commonwealth authority under the Commonwealth Authorities and Companies Act 1997 within the Minister’s portfolio:

(1) Is information collected from stakeholders and the broader community; if so: (a) what forms or other methods are used to collect information; (b) how many of these forms are: (i) paper-based, (ii) electronic-based; and (iii) both; (c) do these forms request an estimate of the time taken to complete; if not, why not; and (d) is data collected on how long it takes to complete each form; if so, can this data be provided.

(2) For each proposed regulatory initiative since August 2010: (a) how many stakeholder consultations have been conducted; and (b) have there been any complaints from stakeholders about the consultation process; if so, from whom.

2232 Minister representing the Prime Minister

2233 Minister representing the Treasurer

2234 Minister for Tertiary Education, Skills, Science and Research

2235 Minister for Broadband, Communications and the Digital Economy

2236 Minister representing the Minister for Regional Australia, Regional Development and Local Government

2237 Minister representing the Minister for the Arts

2238 Minister representing the Minister for Defence

2239 Minister representing the Minister for Immigration and Citizenship

2240 Minister representing the Minister for Infrastructure and Transport

2241 Minister representing the Attorney-General

2242 Minister representing the Minister for Emergency Management

2243 Minister representing the Minister for Families, Community Services and Indigenous Affairs

2244 Minister representing the Minister for Disability Reform

2245 Minister for Foreign Affairs

2246 Minister representing the Minister for Sustainability, Environment, Water, Population and Communities


 2247 Minister for Finance and Deregulation

2248 Minister representing the Minister for School Education, Early Childhood and Youth

2249 Minister for Agriculture, Fisheries and Forestry

2250 Minister representing the Minister for Resources and Energy

2251 Minister representing the Minister for Tourism

2252 Minister representing the Minister for Trade and Competitiveness

2253 Minister representing the Minister for Industry and Innovation

2254 Minister representing the Minister for Climate Change and Energy Efficiency

2255 Minister representing the Minister for Health

2256 Minister representing the Minister for Financial Services and Superannuation ( transferred to the Minister representing the Treasurer on 5 October 2012 )

2257 Minister representing the Minister for Employment and Workplace Relations

2258 Minister representing the Minister for Social Inclusion

2259 Minister representing the Minister for Mental Health and Ageing ( transferred to the Minister representing the Minister for Health on 16 October 2012 )

2260 Minister representing the Minister for Small Business

2261 Minister representing the Minister for Housing

2262 Minister representing the Minister for Homelessness

2263 Minister for Human Services

2264 Minister representing the Minister for Early Childhood and Childcare

2265 Minister representing the Minister for Employment Participation

2266 Minister representing the Minister for Veterans’ Affairs

2267 Minister representing the Minister for Defence Science and Personnel

2268 Minister representing the Minister for Indigenous Health ( transferred to the Minister representing the Minister for Health on 16 October 2012 )

2269 Minister representing the Minister for Public Service and Integrity

2270 Minister representing the Special Minister of State

2271 Minister representing the Minister for Defence Materiel

2272 Minister representing the Minister for Home Affairs

2273 Minister representing the Minister for Justice

2274 Minister representing the Minister for Community Services

2275 Minister representing the Minister for the Status of Women

2276 Minister representing the Minister for Indigenous Employment and Economic Development

2277 Minister representing the Assistant Treasurer ( transferred to the Minister representing the Treasurer on 5 October 2012 )

2278 Minister for Sport

2279 Minister for Multicultural Affairs