Page 3744 - Week 10 - Wednesday, 26 August 2009
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or operations or any significant aspect of the club’s business or operations. This requirement relates to the way a club makes management decisions on their activities. It deals with the question of who makes a decision and therefore who is in control.
In interpreting the application of this requirement under the act, that is, section 14(1)(h), consideration must be given to the normal business practice that a board or management committee may seek or receive advice from a range of persons who may offer differing opinions or views about a subject matter under consideration by the board, for example, seeking members’ views or obtaining expert opinions such as legal or financial opinions.
Any corporate board is the subject of suggestions or lobbying on a regular basis, irrespective of whether the opinions that have been provided have been sought or, indeed, are welcome. Some opinions or views are accepted. Some are not. This is a matter of judgement for the relevant board. Equally, just because someone provides an opinion to a board does not necessarily mean they have control over the business. But quite rightly, I have not discussed those matters with the commissioner. In fact, the only discussion I have had is via letter, where I referred the letter, which I was copied, to the commissioner and I have received a letter in response saying that he will pursue the matter of the issues raised in that letter.
The Assembly knows that I have done that. I did that the first day I received the letter, and it is quite appropriate that the Gambling and Racing Commission fulfil the functions that it was intended to fulfil, as established under the relevant ACT legislation. I am very certain that, if there has been a breach of the Gaming Machine Act in this case, the commission’s investigation will reveal that. I have already given a commitment in this place that I will report back to the Assembly on the commission’s investigation when I receive it. I am happy to do it on the next sitting day after receiving the report. The commissioner has advised me that he will forward the outcomes of the investigations to me. I can stand here and say that I will provide that to Assembly members at the first opportunity that I have.
I was interested to hear Mr Smyth say something correct in his speech, which is always good, that the Gambling and Racing Commission cannot look at the Corporations Law or the taxation law or, indeed, administer either of those. However, Mr Smyth did go on to say that that is a matter for the Assembly. I am interested in the role you seek for the Assembly in administering and interpreting the Corporations Law.
Mr Smyth: I did not actually say that.
MS GALLAGHER: You did.
Mr Smyth: You have to listen closer.
MS GALLAGHER: I will listen closer and I will review the Hansard but you said it was not a matter for the Gambling and Racing Commission and therefore those matters are now a matter for the Assembly.
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