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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2013-03-07 Daily Xml
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CRIMINAL LAW CONSOLIDATION (CHEATING AT GAMBLING) AMENDMENT BILL

Second Reading

Second reading debate resumed.

The Hon. R.L. BROKENSHIRE (16:28): I want to put on the public record Family First's situation regarding this bill. Back in 2008, five years ago, there was an opportunity to bring much of what is in this bill into the parliament when we were dealing with the racing code. We moved amendments relevant to these issues way back then. Unfortunately, at that time the government was not prepared to expand the debate and improve generally issues around gambling, cheating, etc.

However, having said that, we have put our detailed remarks onto our blog, which members are welcome to have a look at if they wish to do so. Given that the government has brought in this bill to this place, albeit some time after we would have liked to have seen it come in, we support the bill and feel that it is a positive step. Therefore, we will be voting in favour of the bill.

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for the Status of Women, Minister for State/Local Government Relations) (16:29): I understand there are no further second reading contributions to this bill and I would like to thank those members who made a contribution and for their support of this bill. A couple of issues were raised by the Hon. Stephen Wade and I would like to put some comments on the record about them.

The honourable member raised concerns about the prospect of duplication and I am advised that that is not a matter of concern. There is good and thorough protection against the imposition of double punishment for the same conduct, starting with the decision of the High Court with Pearce and the doctrine of abuse of process. In relation to the three-year review, a three-year review was considered, but it was decided that on the whole it was not necessary. Why would one review the law after three years that largely is clarification of existing law and not controversial?

There was also an issue in relation to different offences. I am advised that this has probably been a misunderstanding. It is simply the way that the bill is drafted. New South Wales enacts the offences by using the definition of 'facilitate'. Parliamentary counsel did the same thing by enacting separate offences. Different method; same result. With those comments and those responses, I look forward to this bill being dealt with expeditiously through the committee stage.

Bill read a second time.

Committee Stage

Bill taken through committee without amendment.

Third Reading

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for the Status of Women, Minister for State/Local Government Relations) (16:33): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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