Page 4045 - Week 13 - Thursday, 6 December 2007
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
This is an issue that has been before the Assembly since it started; it has cropped up on a fairly regular basis. Mr Smyth is asking us to refer the standing order to the standing committee on admin and procedure for inquiry and report. I think that after 18 years or so of operation of the Assembly that is a very sensible thing to do. We have had debates in this place on poker machines and other matters, and I note what the attorney says in relation to possible conflicts. There may well be a number of areas where there are possible conflicts which need to be ironed out. Perhaps we need to have some revised rules as to how we can overcome those perceived problems.
As I said, this issue has cropped up in the past in the Assembly. I recall one member at least in a previous Assembly who actually deliberately absented himself from debate on anything to do with poker machines. That was Paul Osborne. Paul Osborne was employed—I think it was for about $40,000 a year—as captain and coach of the west Belconnen rugby league team. He was employed by a club that substantially derived its income from poker machines. He stated, I think, very early in the days when he was in the Assembly that he had a conflict, or he felt he did, and he deliberately absented himself from those votes. I am not quite sure if he actually contributed to debate, but he certainly absented himself from the votes and I believe he absented himself from the actual discussion as well.
He was one member at least who felt that he actually did have a direct conflict. He received money from a licensed club, quite appropriately, but because of his view of the situation and his standing as a member of the Assembly, he felt that there was very much a conflict. I think that precedent strengthens the case for a review. We have this constant issue, especially in relation to the Labor Party receiving money from the Labor clubs.
Dr Foskey quoted a High Court case, which I must see, but in a way the situation has some of the hallmarks of contract law. In a way there is offer, acceptance and consideration. For example, a club makes an offer to the government. They say, “We would like to install poker machines in our club. If you let us, we will pay the required tax.” The government, in return, says, “Yes, you can have poker machines in your club. Here is a licence. Here is the tax. This is the proportion of poker machine revenue you have got to put back into the community through community grants.” The club accepts, and you could say then that the contract is consummated by the issuing of the licence.
Indeed, as is common in commercial contracts, there are provisions that go to the breach of contract. For example, it could be said that if the club fails to pay the tax or puts more machines in than the government allows, the government can seek to cancel the licence. So we have a situation in the territory where the territory has contracts, through licences, with clubs in the ACT.
What do clubs do with the revenues they raise through poker machines? We know about that. A lot of that is churned back into the community. The Labor Club, a licensed club in the ACT which operates and gains revenue from poker machines under a licence from the ACT government, pays substantial amounts in various ways, such as supporting community activates, but also a substantial amount to the ACT branch of the Australian Labor Party.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .