Bills

Statutes Amendment and Repeal (Budget Measures) Bill

Committee Stage

Debate resumed.

Clause 7.

The Hon. S.C. MULLIGHAN: Regarding section 12(3)(d), which is the first part to be amended under clause 7 of the bill, an agreement 'has no effect unless approved by the Authority'. Is the authority's role in that regard not to be replaced with the commissioner?

The Hon. V.A. CHAPMAN: The agreement is between me, as Attorney, and the party in industry, and that is no longer required to be approved by the authority as it will not exist.

The Hon. S.C. MULLIGHAN: So there is no replacement of the authority, with the role of the commissioner there to provide a separate and external review away from the minister? The minister will just have sole review and sole capacity to approve the licensing agreements?

The Hon. V.A. CHAPMAN: Save and except. If the member looks at section 12(5) of the act:

An agreement may require the Minister, the Authority or the Commissioner to provide information relating to the licensee or licensee's operations…

Of course, that information needs to be provided. So there is a role of the commissioner at that level and, as we have already announced, the authority will be replaced by an advisory council.

Clause passed.

Clauses 8 to 11 passed.

Clause 12.

The Hon. S.C. MULLIGHAN: On my reading of the bill and the act to which it relates, it talks about the authority needing to receive audited accounts from relevant parties. They are now to be received by the commissioner. Has the capacity within the authority to receive and contemplate those audited accounts been replicated in the commission?

The Hon. V.A. CHAPMAN: First, I need to clarify that. This is an obligation in relation to receive by the authority. The obligation is on the licensee to supply it to the authority, and we are substituting that with the commissioner. To the best of my knowledge, yes, he does. Obviously, he already has a significant department in relation to financial matters as well. He already has an administration that can receive those audited accounts. What he then does with them, of course, is another matter, but obviously that is one of the checks and balances in this process.

The Hon. S.C. MULLIGHAN: Before the measures in this bill are to commence, are there other requirements placed upon the commission or the commissioner that requires them to receive audited accounts from relevant parties?

The Hon. V.A. CHAPMAN: Not that we are aware of, I am advised.

The Hon. S.C. MULLIGHAN: Currently, in the commission there is no practice where it is already in receipt of audited accounts from interested parties and this clause in the bill transfers this new responsibility to the commission and the commissioner to receive these audited accounts. In the briefing that I was provided by officials, it was made clear to me that the commission is not receiving any further resources as a result of needing to take on the responsibilities of the IGA.

So, if the Deputy Premier's previous answer was that there are lots of staff in there who are capable of receiving and dealing with these audited accounts, how can that be the case when they currently do not and they are not receiving any further resources for this or indeed any other purpose?

The Hon. V.A. CHAPMAN: The member perhaps misunderstands the provision. The provision here is that they simply provide them. There is not an obligation on anyone to do anything other than to have received them. I think perhaps it had not been made clear in the briefing or perhaps the member had not asked, but my understanding is that the current staff of the IGA will be accepting positions with the commission. Their expertise, of course, will be transferred.

The CHAIR: Member for Lee, we have had three questions on that clause.

The Hon. S.C. MULLIGHAN: This is 3½.

The CHAIR: I will give it to you at 5.31pm.

The Hon. V.A. CHAPMAN: If I can just add one thing, we are happy to follow up whether the charity or the real estate legislation might already have a provision in that. I was only thinking of the liquor licensing when I answered that question before, but it may be that in those other two areas there is an obligation to provide audited accounts. We will check that and provide it back to the committee or at least provide it in between the houses.

The Hon. S.C. MULLIGHAN: A supplementary based on the deputy leader's previous response to the question where she indicated that staff who are currently employed in the IGA will be transferring across to Consumer and Business Services: if the abolition of the IGA is delivering a budget saving and no additional appropriation is being made to the commission, how will their staff be accommodated?

The Hon. V.A. CHAPMAN: There are firstly two things, and I think the minister probably would have been aware of this: firstly, the Consumer and Business Services is in accommodation and can accommodate that; and, secondly, there will of course no longer be a board as an authority or a separate premises which they operate in.

Clause passed.

Progress reported; committee to sit again.

At 17:33 the house adjourned until Thursday 18 October 2018 at 11:00.