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Legislative Assembly for the ACT: 2004 Week 06 Hansard (Thursday, 24 June 2004) . . Page.. 2685 ..

I would just ask members to note that, in the event that it is not supported, I will be moving for a different form of harm minimisation at the regulation stage, which, as I said, will be a cap of $20.

MR STEFANIAK (5.43): I will not be supporting this amendment, Mr Speaker. As a result of the review, the commission has made recommendations in relation to restricting note acceptors to $20 notes, which, in the various discussions that I have had over a period, seems quite reasonable. Accordingly, we will not be supporting this amendment.

Proposed new clauses 43A and 43B negatived.

Clauses 44 to 53, by leave, taken together and agreed to.

Clause 54.

MR QUINLAN (Treasurer, Minister for Economic Development, Business and Tourism, and Minister for Sport, Racing and Gaming) (5.44): I move amendment No 3 circulated in my name [see schedule 3 at page 2761].

This amendment is purely a matter of clarification, again arising out of a review undertaken after drafting.

Amendment agreed to.

Clause 54, as amended, agreed to.

Clause 55.

MR STEFANIAK (5.45): I move amendment No 2 circulated in my name [see schedule 4 at page 2762].

This amendment is about something that snuck in under the radar of the review and the government’s response to the review. The amendment removes paragraph (g) of clause 55. Perhaps it was not appreciated that clubs are corporations as a result of an amendment moved by the former Liberal government several years ago which imposes certain obligations and certain duties on clubs. It was not the most popular amendment at the time, either. The clubs were not terribly keen on it. Nevertheless, it was passed and it has been accepted and is working.

I have considerable sympathy for the view put by the Licensed Clubs Association in relation to this amendment unnecessarily and unreasonably fettering the discretion of a board to run its club properly. At first blush, the provision might look reasonable, but not when you consider the Corporations Act as well. Directors are liable for decisions taken. In fact, I think that they are liable for up to six months after they cease to be directors. This provision is a huge problem for the club industry. The club industry, as I said in my opening remarks, does have a number of significant pressures on it. We have seen clubs go to the wall. If wrong decisions are taken or decisions are taken inappropriately, a community could lose its club. In consideration of those things, we are proposing the removal of paragraph (g) of clause 55.

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