Legislative Council Fifty-Fifth Parliament, First Session (55-1) 55 1 Parliament of South Australia Legislative Council published Bills Casino (Penalties) Amendment Bill Casino (Penalties) Amendment Bill Casino (Penalties) Amendment Bill Second Reading Second Reading Adjourned debate on second reading. (Continued from 12 September 2024.) The Hon. F. PANGALLO Legislative Council The Hon. F. PANGALLO (15:34): I will keep it short. I just rise to say that I will be supporting the bill. I look forward to the debate, and I will have some questions in relation to that. The Hon. K.J. MAHER Legislative Council Minister for Aboriginal Affairs Attorney-General Minister for Industrial Relations and Public Sector The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:35): I am very happy to conclude the debate. I am a bit shocked though. I saw the Hon. Mr Pangallo's name down to speak and 30 seconds later I find myself up on my feet. I look forward to this new chapter in Mr Pangallo's parliamentary experience. This is fantastic. I very much thank Mr Pangallo for his contribution, and I thank all other members who have made contributions on this important bill, and look forward to the committee stage. Bill read a second time. Committee Stage Committee Stage In committee. Clause 1. The Hon. F. PANGALLO Legislative Council The Hon. F. PANGALLO: A question to the Attorney-General: can I ask what sparked the review of these penalties? Was it the civil action against the Casino by AUSTRAC? The Hon. K.J. MAHER Legislative Council Minister for Aboriginal Affairs Attorney-General Minister for Industrial Relations and Public Sector The Hon. K.J. MAHER: I am advised that the genesis for reviewing, and the bill before us, was the fact that the penalties had not been reviewed for some 30 years, and a comparison was done with other jurisdictions to make them more appropriate. The Hon. F. PANGALLO Legislative Council The Hon. F. PANGALLO: But was there an epiphany by the minister after the civil action that was going on between the Casino and AUSTRAC, because why would it be 30 years before suddenly someone realised these penalties were inadequate? The Hon. K.J. MAHER Legislative Council Minister for Aboriginal Affairs Attorney-General Minister for Industrial Relations and Public Sector The Hon. K.J. MAHER: My advice is there has been a significantly increased focus on casinos and their operations right across Australia, which was the genesis for having a look at, and the bill before us. The Hon. F. PANGALLO Legislative Council The Hon. F. PANGALLO: How did the minister arrive at these penalties? What was the criteria for those? The Hon. K.J. MAHER Legislative Council Minister for Aboriginal Affairs Attorney-General Minister for Industrial Relations and Public Sector The Hon. K.J. MAHER: I am advised it was a combination of taking into account penalties as they apply in other jurisdictions across Australia combined with the nature of our jurisdiction, that is, our size and the number of licences. The Hon. F. PANGALLO Legislative Council The Hon. F. PANGALLO: Has the Casino made good on its commitment that it would pay a penalty following the conclusion of the civil action with AUSTRAC? The Hon. K.J. MAHER Legislative Council Minister for Aboriginal Affairs Attorney-General Minister for Industrial Relations and Public Sector The Hon. K.J. MAHER: I am advised that that particular issue is a matter for the Federal Court of Australia. The Hon. F. PANGALLO Legislative Council The Hon. F. PANGALLO: In the event that the Casino does pay that penalty through to the Federal Court, would the Casino still be liable to be fined under this legislation and under the new penalties, or would payment of that penalty exonerate them or make them not liable to pay a further penalty? The Hon. K.J. MAHER Legislative Council Minister for Aboriginal Affairs Attorney-General Minister for Industrial Relations and Public Sector The Hon. K.J. MAHER: I thank the honourable member for his question. That would be possible. It does not preclude the state having a look at penalties. I am advised that the state would need to take into account any other penalties that had been applied, but I am further advised that a monetary penalty is not the only sanction the state has available. The Hon. F. PANGALLO Legislative Council The Hon. F. PANGALLO: Is the state or the minister actually considering applying another penalty to the Casino right now? The Hon. K.J. MAHER Legislative Council Minister for Aboriginal Affairs Attorney-General Minister for Industrial Relations and Public Sector The Hon. K.J. MAHER: I am advised that is not a matter for the minister: that is a matter for the commissioner. I am further advised it would have to take into account the Martin investigation. The Hon. C. BONAROS Legislative Council The Hon. C. BONAROS: Is it more the case that, in relation to these updates that we have discussed and in light of what has happened in other casinos, there were requests for the Casino to undertake certain actions, and a very lax approach, if you like, by the Casino in responding to those requests— The Hon. K.J. MAHER Legislative Council Minister for Aboriginal Affairs Attorney-General Minister for Industrial Relations and Public Sector The Hon. K.J. MAHER: Requests from the state regulator? The Hon. C. BONAROS Legislative Council The Hon. C. BONAROS: Yes. The Hon. K.J. MAHER Legislative Council Minister for Aboriginal Affairs Attorney-General Minister for Industrial Relations and Public Sector The Hon. K.J. MAHER: I am advised that the commissioner appointed an independent monitor to give advice and to monitor and further give advice on compliance. The Hon. C. BONAROS Legislative Council The Hon. C. BONAROS: Is it also the case that that further monitoring is indeed still underway and that there are a number of responses required by the Casino in relation to that compliance? The Hon. K.J. MAHER Legislative Council Minister for Aboriginal Affairs Attorney-General Minister for Industrial Relations and Public Sector The Hon. K.J. MAHER: I am advised that is the case, yes. The Hon. F. PANGALLO Legislative Council The Hon. F. PANGALLO: A question to the Attorney-General in relation to CBS: I note that there have been some significant movements at CBS. Who is the commissioner? I do not think one has been appointed. If it is an acting commissioner, do they have the authority or have to wait until one is appointed? The Hon. K.J. MAHER Legislative Council Minister for Aboriginal Affairs Attorney-General Minister for Industrial Relations and Public Sector The Hon. K.J. MAHER: I am advised that the acting commissioner is Ms Stephanie Halliday, who has taken on various acting commissioner roles, notably for a while the Acting Commissioner for Equal Opportunity in the past. I am advised that they have all the powers that a commissioner has. The Hon. C. BONAROS Legislative Council The Hon. C. BONAROS: Is the Attorney able to provide two updates to the chamber: one in relation to the timeframe for that review that is continuing, and secondly in relation to the payroll tax liability of the Casino that is the subject of the contention between the government and the Casino? The Hon. K.J. MAHER Legislative Council Minister for Aboriginal Affairs Attorney-General Minister for Industrial Relations and Public Sector The Hon. K.J. MAHER: I am much obliged to the honourable member for her questions. I am advised that in terms of timeframes—and I was not sure which area the honourable member meant—but in terms of the Martin report I think it had been previously stated that it is hoped by the end of the year. In terms of the ongoing monitoring, to which I answered before, there is not a set timeframe and it does not have an end date. In relation to the payroll tax liability, I am advised that is a matter that is with the Treasurer and is being discussed or negotiated. The Hon. C. BONAROS Legislative Council The Hon. C. BONAROS: Just to confirm for the record, when that Martin review does conclude then the question of suitability of being able to hold that licence in the state will be a matter of consideration. The Hon. K.J. MAHER Legislative Council Minister for Aboriginal Affairs Attorney-General Minister for Industrial Relations and Public Sector The Hon. K.J. MAHER: I am advised that is correct. Clause passed. Remaining clauses (2 to 20), schedule and title passed. Bill reported without amendment. Third Reading Third Reading The Hon. K.J. MAHER Legislative Council Minister for Aboriginal Affairs Attorney-General Minister for Industrial Relations and Public Sector The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:46): I move: That this bill be now read a third time. Bill read a third time and passed.