Page 397 - Week 02 - Wednesday, 2 March 1994
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MR BERRY: Price Waterhouse, as I said yesterday, are an internationally recognised company and they were to look at the bona fides of the people involved in the company. My advice is that they did. Also, as you will find from this advice, close consultation was had with Treasury. The draft heads of agreement prepared by ACTTAB and VITAB were referred to the ACT Government Solicitor - the advice names a couple of officers - for scrutiny and advice. Following a series of meetings between Mr O'Neil, Mr Woods, Mr Neck and the officer who signed the advice and exchanges of correspondence, and ACTTAB's solicitors, all of the issues raised have been addressed and reflected in the heads of agreement, where appropriate.
I am informed by Mr Neck that VITAB has accepted the substantial amendments proposed by the ACT Government Solicitor's Office. What we are doing is making sure that everything is okay. This advice says:
It is the opinion of the Government Solicitor's Office that the Agreement as now framed does not expose the ACT Government to any risk of financial liability. Any such liability would rest with ACTTAB which has negotiated suitable indemnity provisions in the agreement.
So all of these facts are clear. It continues:
Under the provisions of Section 7(1)(d) of the Betting (Totalizator Administration) Act 1964 your approval is required to enable ACTTAB to provide to VITAB Ltd the services covered by the Agreement.
The recommendations were as follows:
... that you:
i) note this advice;
ii) agree to ACTTAB providing services to VITAB Ltd pursuant to Section 7(1)(d) of the Betting (Totalizator Administration) Act 1964; and
iii) agree, pursuant to Section 38 of the Betting (Totalizator Administration) Act 1964, to ACTTAB entering into a contract with VITAB Ltd and to pay VITAB Ltd, should it ever be required within the terms of that agreement, amounts exceeding $250,000; and
iv) sign the attached letter to the Chief Executive Officer of ACTTAB.
That was subsequently signed. In a handwritten note - - -
Mr De Domenico: From whom?
MR BERRY: A handwritten note from one of my officers. ACTTAB asked for Price Waterhouse to do the job. A general company search was asked for. ACTTAB paid and will provide costs as soon as possible, if required. Madam Speaker, I table the advice that was given to me by officers. I am sure that that should settle the matter.
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