Page 5431 - Week 15 - Tuesday, 8 December 2009
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some particular behaviour of the individual that gave rise to concern. If this legislative provision was not available then it might be possible that a potentially culpable person would not be brought to account.
The second matter raised by the committee relates to the proposed section 61I, which describes matters which the Gambling and Racing Commission must consider in deciding who is a suitable person to be approved to use ACT race fields information. The committee advised that subsection 61I(2), which provides that “any other relevant issues can be considered” in deciding whether an applicant is a suitable person is too open-ended.
However, under administrative law, subsection (2) needs to be considered in the context of subsection 61I(1), which outlines the specific matters to be considered in deciding if an applicant is a suitable person. This constrains what can be considered under “any other relevant issues” in subsection (2). So this suggests that the provision is not as open-ended as the committee suggests.
Having said that, I again thank members for their support and commend the bill to the Assembly.
Question resolved in the affirmative.
Bill agreed to in principle.
Detail stage
Bill, by leave, taken as a whole.
MR BARR (Molonglo—Minister for Education and Training, Minister for Planning, Minister for Tourism, Sport and Recreation and Minister for Gaming and Racing) (11.35), by leave: Pursuant to standing order 182A(b) I move amendments Nos 1 to 3 circulated in my name together as they are minor and technical in nature [see schedule 2 at page 5486].
I also table a supplementary explanatory statement to the amendments. As I noted in my introductory speech and my closing speech at the in-principle stage, the bill establishes the race field products scheme which provides a new source of revenue for ACT racing clubs. The amendments that I am moving today are minor and technical in nature and do not affect the purpose or major provisions in the bill. However, I am advised that they will certainly improve the administration and integrity of the race field product scheme.
As currently drafted, the bill allows the Gambling and Racing Commission to impose conditions contained in the regulations only, and as such this limits the flexibility of the commission to administer the act. The amendments I am moving today will allow the Gambling and Racing Commission to impose specific conditions on approved wagering operators. For example, this will allow the commission to require an approved wagering operator to provide information in addition to that required by the mandatory conditions. It is the government’s view that this will improve the integrity of the regime and is consistent with other gaming laws that the commission administers.
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