Page 3863 - Week 10 - Thursday, 27 August 2009
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We had a motion yesterday that the Chief Minister clarify his position, something that I note he has not done. I reiterate that we had an unequivocal no from four ministers who said no, they had not; no, their staff had not; no, their representatives had not exerted inappropriate influence in this matter. The only person not to make such an unequivocal statement is, of course, the Chief Minister.
Yesterday, in my speech, I said the commission could only investigate the gaming issues and the commission cannot examine the application of the Corporations Law or any possible tax implications. Indeed, the commission cannot determine policies relating to gambling. This is a role for the Assembly alone.
Oddly enough, I find myself in startling agreement with the Treasurer. She agreed that the Gambling and Racing Commission cannot look at the Corporations Law and possible breaches of the tax act. That is why it is important that this referral to the public accounts committee be agreed to by this place.
We actually have the admission from the Deputy Chief Minister that I was right. She said:
I was interested to hear Mr Smyth say something correct in his speech, which is always good …
Thank you, Treasurer. We agree that it is always good to be correct in our speeches. She said:
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.
I am not asking for us to administer or interpret these laws. There have been allegations made. From what I can see, no-one is investigating these allegations. It is appropriate that the public accounts committee, which looks after the financial wellbeing of the territory in matters financial, as well as gaming and racing, actually take an active role in the scrutiny of what is going on because, if the sale goes ahead, it will be seen as a precedent. I do not recall, and no-one can tell me when I have asked, an example where a club that is not in financial trouble has been sold as a going concern. If you read the act, it is quite clear that it was never envisaged that clubs would be traded in this manner. And that is another issue that has to be resolved.
It is quite appropriate for PAC to inquire into this, and that is why I bring the motion forward today. The motion has four parts, (a), (b), (c) and (d) to paragraph 1, which says:
(1) the Standing Committee on Public Accounts inquire into:
(a) potential changes required to the Gaming Act due to the unforseen circumstances raised by the potential sale of the Labor Club Group and therefore proposed profit taking by the ACT Branch of the Labor Party and the national office of the Australian Labor Party;
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