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Legislative Assembly for the ACT: 2000 Week 12 Hansard (5 December) . . Page.. 3683 ..

MR HUMPHRIES (continuing):

a donation to club A's members and, by doing so, they avoid the effect of the legislation. They are still providing benefits that are, in effect, internal to the clubs' members, but not to their own members - to the members of somebody else's club. That is what proposed new paragraph 60A(f) is designed to avoid.

Contributions made by, say, the Southern Cross Club to an organisation which is associated with it and which is not a licensed club will not be caught by proposed new paragraph 60A(f), so the majority of the contributions which are referred to in category 6 of the commission's report, I suspect, will not be covered by Mr Quinlan's concerns. If there are donations in there to other licensed clubs - it is possible that there will be some - they may be excluded under that paragraph. It is possible that they could be excluded under that paragraph.

Mr Deputy Speaker, I undertake to examine those issues, if they arise. The intention is not to exclude genuine arrangements of assistance which can be characterised as falling within the spirit of this legislation. I do not think that proposed new paragraph 60A(f) presents a problem, but it needs to be there because it prevents a potential avoidance of the intent of the legislation. If it does give rise to any practical problem in a particular situation where one licensed club is assisting another licensed club, I undertake to make sure that the government will address that issue. Mr Deputy Speaker, I will ensure that, if we need to, we will address that by way of amendments early next year. My advice is that it should not be a problem; but as we work out the guidelines which have been tabled, if there is a problem, we will address it.

MR RUGENDYKE (6.26): Mr Deputy Speaker, my concern throughout this debate has been about sporting clubs joined to major clubs; for example, a small softball club that comes under the auspices of the Southern Cross Club. It has been unclear whether those small clubs would be captured by this provision.

Mr Humphries, in his opening remarks on this amendment, indicated that the intention is for this provision to refer to other licensed clubs. I do not know the process, but I suppose I should seek leave to clear up this matter by amending proposed new paragraph 60A(f) to include the word "licensed" between "another" and "club". Mr Deputy Speaker, I will be guided by your advice as to whether I will be able to do so at this late stage of the debate.

Mr Moore: We are just about to break for dinner. Why don't we talk about it over dinner and then you will have a chance to do it? I move that we suspend for dinner.

MR HUMPHRIES (Chief Minister, Minister for Community Affairs, Attorney - General and Treasurer) (6.27): Perhaps I can clear up Mr Rugendyke's concerns. The Gaming Machine Amendment Bill is, of course, an amendment to the Gaming Machine Act 1987 and in the Gaming Machine Act there are already definitions of various words used throughout the legislation. There is a definition of "club". "Club" means a club established for one or more of the purposes referred to in subsection 30B(1). I will not read out subsection 30B(1), but I am advised that it covers clubs which are, in effect, the licensed clubs which the Gaming Machine Act is designed to cover.

Mr Quinlan: Exclusively?

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