Page 621 - Week 03 - Tuesday, 12 April 1994
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Madam Speaker, is no because, although documents were tabled by Mr Berry purporting to show that Mr Dowd was a director, he did not table anything purporting to show that Oak Ltd was not a director, and he denied in this place that Oak Ltd was a director.
Mr Berry: When did I do that?
MR HUMPHRIES: You did that in the course of saying to us that we had it wrong when we asserted that Oak Ltd was a director several times in the course of previous debates when you said that Michael Dowd was a director. The fact is that you denied that Oak Ltd was a director of VITAB and now you are not tabling any evidence to prove that it was not a director. What is the story, Minister? Can we be told the whole truth? I think that we remain unable to get that information.
Madam Speaker, I want to make reference to a couple of other things. Ministerial directives were referred to by, I think, Minister Berry. He asserted that the giving of this instruction or this approval to ACTTAB to enter into the contract with VITAB did not constitute a directive under section 9 of the Betting (Totalizator Administration) Act 1964. I want to read a few sections from that Act. Section 9 says:
(1) The Minister may, by instrument, give directions to the Board in relation to the exercise of its powers or the performance of its functions.
(2) The Board shall comply with a direction given to it under subsection (1).
(3) The Minister shall cause particulars of any direction to be tabled in the Legislative Assembly within 7 sitting days of its being given.
... ... ...
Mr Berry argues that this matter of signing the contract with VITAB was not a direction. This is a function, according to section 9. It has to be a function in respect of which he has to table a direction. Turning to section 7 of the Act, that section is headed "Functions" and it says:
(1) The functions of the Board are -
... ... ...
(d) with the written approval of the Minister, to provide other services relating to betting.
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