Page 5430 - Week 15 - Tuesday, 8 December 2009
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Revenue from the charge will belong to these clubs. So I repeat that it is not a government fee but it will be held in trust by the government for the clubs. The charge will be set as a percentage of net revenue generated by licensed wagering operators from bets taken on ACT races. It will be payable by approved licensed wagering operators whose turnover exceeds a threshold which will be set by disallowable instrument. The revenue from the charge will be payable to the ACT racing clubs.
The estimated revenue from this charge is in the order of $1.5 million per annum. The bill provides a commencement date of 1 March 2010. This will provide time for applications to be invited from licensed wagering operators and for all the consequential administrative work to be carried out. The Gambling and Racing Commission will undertake the administration of this scheme on behalf of the clubs, who have agreed to pay the commission an administration fee for this work. This arrangement will assist in making a smooth introduction to the scheme, given the commission’s involvement in its preparation.
The government’s concern is that the compliance burden on operators is minimised. The administrative arrangements and requirements for the ACT scheme are therefore consistent with those in the states and should not therefore create any significant extra work for those approved holders who are liable to pay the charge. ACT clubs have indicated their support for the introduction of this charge. They will retain control of the charge by deciding the rate or percentage that will apply each year. It may stay the same; it may change. The revenue will be calculated by multiplying the rate the clubs decide by the approved licensed wagering operators’ net revenue for the relevant financial year.
Members may be aware that the Productivity Commission has issued a draft report on gambling. The report canvasses the potential for a national funding model. The ACT government supports this concept and we are working with our counterparts in the states and territories to progress it. I would like to advise the Assembly that I will be proposing an amendment to this bill. This is a very minor and technical amendment which is required to ensure that the integrity of the provisions of the bill is robust. Finally, this charge is intended to support the ACT clubs in raising their own revenue and to build on that capacity.
I thank the scrutiny of bills and subordinate legislation committee for their comments on the Racing Amendment Bill. The committee has raised two matters. The first matter refers to the proposed section 61I, where subsection 61I(3) states that criminal liability of corporation officers does not apply if the corporation has a defence to a prosecution for the relevant offence—that is, if the corporation has a defence then the corporation officer cannot be found liable.
The committee is concerned that it may be difficult for an officer to make such a defence if the corporation does not cooperate in providing information. However, the officer can get a summons or a subpoena to obtain information from the corporation and it is a criminal offence not to comply with a summons or subpoena.
Further, it should be noted that this issue does not often arise in practice. The only reason to pursue an individual, rather than the corporation, would be if there was
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