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Legislative Assembly for the ACT: 1997 Week 9 Hansard (4 September) . . Page.. 2980 ..

MR BERRY (continuing):

Page 4, line 2, clause 8, proposed paragraph 54A(1)(c), omit the paragraph, substitute the following paragraphs:

"(c) to a community organisation;

(d) to a sporting organisation; or

(e) if the licensee is a club - to the club members.".

These amendments go to that issue I mentioned in my speech - ministerial or Executive power. The Gaming Machine (Amendment) Bill enables the Minister, by notice in the Gazette, to declare an organisation "to be an organisation for the purposes of this section, being an organisation that has as its principal purpose the benefit of the community or a section of the community". It is very plain that this puts in the Minister's hands the power to prevent certain organisations from being regarded as organisations that have as their principal purpose the benefit of the community or a section of the community. If the Minister refuses to declare an organisation there is no right of appeal set out. By contrast, the Occupational Health and Safety (Amendment) Bill we debated the other day had the clear appeal right structured into it. Where the Minister refused to declare, then a right of appeal to the Administrative Appeals Tribunal was available. I have fixed that up in this Bill.

My first amendment includes in the interpretation clause a definition of "community organisation", which it describes as "a non-profit organisation, whether incorporated or not, that has as its principal purpose the benefit of the community", and a definition of "sporting organisation", which it describes as "an organisation, whether incorporated or not, that has as its principal purpose the conduct of sporting activities". In my amendment No. 4 I have struck out proposed paragraph 54A(1)(c), where the ministerial authority can be found, and, instead, included paragraphs which point to a community organisation, to a sporting organisation or, if a licensee is a club, to the club members. Let me explain that. The reason I have done that is that, if a community organisation, incorporated or not, feels that it makes a contribution to the community, the club - not the Minister - should be the one to make the decision in relation to whether it is something it wishes to contribute to or not.

Mr Moore: It can. It can do what it likes.

MR BERRY: Mr Moore squawks, "Who cares?". The fact of the matter is that just yesterday Mr Moore was arguing about the unfettered right of Ministers to make decisions without appeal, but you are prepared to cop it here.

Mr Moore: That is not what I said.

MR BERRY: Mr Moore interjects, "That is not what it says". I will give you a little lesson in what it says, Mr Moore. Take the time to read the legislation; do not guess what it means. Paragraph (c) reads:

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