Page 5672 - Week 14 - Tuesday, 6 December 2011
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The proposed bill has been drafted to restore the position of the licences as close as possible to that contemplated by the amending regulation in relation to the reissuing of the licences. This has been achieved by deeming the transitional licences to have commenced under the new act on 7 March 2002—that is, just before the proposed expiry date of 8 March 2002—for the full term of licence that would normally be issued.
However, the bill provides that those shorter term licences—standing licence, bookmaker’s agent’s licence or sports bookmaker’s agent’s licence under the repealed act—are taken to have expired less than the maximum period of five years if the original licence expired earlier. This drafting respects the decision of these bookmakers to choose at the time a shorter period for their licence. This provision does not relate to sports bookmakers as they have a fixed 15-year term.
Legislation that has a retrospective application should not be detrimental to any affected party. On the basis that all stakeholders, including wagering operators, punters, the gaming regulator and numerous businesses and financial institutions have assumed in good faith that the wagering licences purported to be issued were valid, it is considered that no party would be worse off by the decision to legitimise the licences. However, for complete certainty, the proposed bill does not continue any licence that was cancelled, surrendered or expired by means other than by the section 9 transitional regulation. I commend the bill to the Assembly.
Debate (on motion by Mr Smyth) adjourned to the next sitting.
Standing and temporary orders—suspension
Motion (by Mr Corbell) agreed to, with the concurrence of an absolute majority:
That so much of the standing and temporary orders be suspended as would prevent the Race and Sports Bookmaking (Validation of Licences) Amendment Bill 2011 being called on and debated forthwith.
Race and Sports Bookmaking (Validation of Licences) Amendment Bill 2011
Debate resumed.
MR SMYTH (Brindabella) (11.17): Madam Deputy Speaker, this seems to be a reasonable approach and the opposition will be supporting the bill.
MS HUNTER (Ginninderra—Parliamentary Leader, ACT Greens) (11.18): The ACT Greens will be supporting this amendment bill today. It will fix a problem that has existed. It will ensure that all licences were valid for the period of time. Certainly one of the things we need to be very careful about with retrospective legislation is that it does not have any negative impacts on anyone. The minister in her tabling speech went through quite clearly that no party would be worse off by the decision to legitimise these licences. I would also like to thank the office of the former gaming
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