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Legislative Assembly for the ACT: 1997 Week 9 Hansard (4 September) . . Page.. 2992 ..

MR BERRY (continuing):

This is a faulty piece of legislation that does not deserve the endorsement of this Assembly. If the Government really means what it says it wants to achieve with this legislation, it ought to go out and redraft it. Otherwise, it ought to give a commitment to this place that it will pursue the legislation to its full effect - that applies to the club industry and the private sector as well - and they should support my amendment.

MRS CARNELL (Chief Minister and Treasurer) (8.28): Clause 9 ensures that clubs report at the same level as hotels already do. Hotels are incorporated bodies. Therefore, they report to the Australian Securities Commission. If Mr Berry knew anything about business, he would know that a company has to report fully already. The fact is that clubs are often incorporated under the Associations Incorporation Act, so their requirements are somewhat lower. This ensures that clubs and hotels report at the same level and are as accountable as each other.

MR BERRY (Leader of the Opposition) (8.29): I cannot believe that the Treasurer of this fair Territory would get up and say that hotels are incorporated bodies. They are not. They do not have to be. I can own a hotel and have a licence and not have to report under the Corporations Law. What a clumsy interpretation of the law! Do you not know how businesses operate? One is entitled to own a business in one's own right. What a silly notion to put before this Assembly! You mislead people by saying - - -

Mrs Carnell: Mr Speaker, I take a point of order. I do not think Mr Berry knows what he is talking about. If Mr Berry can point out a hotel that is operating unincorporated, I will be very surprised.

MR SPEAKER: The question is: That Mr Berry's amendment be agreed to.

MR BERRY: I had not finished my remarks. I was sat down by a point of order, Mr Speaker.

MR SPEAKER: Proceed.

MR BERRY: What a curious thing to say - "Tell me a hotel that is not incorporated. Show me a hotel that is not incorporated". Are you trying to tell me there is a prohibition in the ACT on an individual owning a pub or a tavern? Taking your point further, if there is information already publicly available, why should it not be provided here? What an inconsistent argument, Chief Minister! I do not think you understand the implications of this legislation. You certainly do not understand the club industry. It now appears that you do not understand how the hotel industry operates either.

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