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Legislative Assembly for the ACT: 2009 Week 12 Hansard (15 October) . . Page.. 4527..


MS GALLAGHER (continuing):

I have tabled an exposure draft of the regulation for the bill. The content of the draft regulation is important for understanding the complete operation of the legislative package, in particular the operation of charitable gaming. I draw to the Assembly's attention that the draft regulation provides that only play money can be used for charitable gaming and that charitable organisations will be required to keep records relating to fundraising events involving gaming.

While these are simple record-keeping requirements, they will allow the commission to check that charitable organisations are complying with their conditions of approval. In particular, it will enable the commission to audit whether some of the funds raised by these events are being used for charitable purposes as is required under the act.

The bill provides for the continued playing of two-up on Anzac Day and now allows any organisation, not just clubs as was previously the case, to raise money for a charitable purpose on Anzac Day through the playing of two-up. I commend the bill to the Assembly.

Debate (on motion by Mr Smyth) adjourned to the next sitting.

Duties Amendment Bill 2009 (No 2)

Ms Gallagher, pursuant to notice, presented the bill, its explanatory statement and a Human Rights Act compatibility statement.

Title read by Clerk.

MS GALLAGHER (Molonglo—Treasurer, Minister for Health, Minister for Community Services and Minister for Women) (10.12): I move:

That this bill be agreed to in principle.

The Duties Amendment Bill 2009 (No 2) makes four amendments to the Duties Act 1999. Firstly, it makes amendments to repeal the sections of the act that relate to the duty liability of territory entities. Secondly, it makes amendments to allow transfers of dutiable property to be cancelled, terminated or abandoned. Thirdly, it inserts provisions that will allow financial agreements for de facto relationships to be recognised under the act. This is in line with the changes made to the Family Law Act. The final amendment removes some of the terminology used in the act in relation to an application to register a motor vehicle,

The first of the amendments made by the bill repeals the provisions of the Duties Act that relate to the liability for duty by territory entities. These provisions are no longer necessary in the act, as the liability for territory entities subject to taxes and charges comes under the Taxation (Government Business Enterprises) Act 2003.

The second amendment is in relation to the provision in the Duties Act that allows for agreements to be rescinded. When an agreement is rescinded, the agreement is set aside and the parties are restored to their pre-contractual position. There are circumstances where the parties are unable to rescind: for example, one of the parties


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