Northern Territory Second Reading Speeches

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PRIVATE SECURITY AMENDMENT BILL 1999

Mr Speaker, I move that the bills be now read a second time.

The purpose of these bills is to follow through with changes that arise with the formation of the department of Industries and Business. One of the objectives of the recent changes to the structure of the Northern Territory Public Sector was to streamline the regulation of Territory businesses. A common concern of industry and business is the level of unnecessary regulation and the costs this imposes. The Northern Territory Government shares this concern and is committed to providing an environment that helps business to grow while ensuring an appropriate level of regulation. The department of Industries and Business was established to achieve these aims and to reduce duplication and inefficiencies in the area of business regulation. The Bills before this house today build on the formation of the department and provide a simpler scheme for industry regulation. They do this by firstly ensuring that the work health authority is able to be treated as 1 of the administrative units within the departmental structure, and secondly by rationalising the number of commissions, boards and authorities that the hospitality industry must deal with.

I turn first to the Work Health Amendment Bill. Under the present Act, the Work Health Authority is constituted by the Chief Executive Officer of the authority. The term ‘Chief Executive Officer’ is defined to mean the Chief Executive Officer as defined in the Public Sector Employment and Management Act of the Authority. This definition means that the work health authority must be treated under the administrative arrangements orders as a separate agency, with a notionally separate Chief Executive Officer and a distinct budget allocation. This is inconsistent with the new departmental structure. The bill before this house would amend the definition of the Chief Executive Officer to mean the Chief Executive Officer as defined in section 3 of the Public Sector Employment and Management Act of the agency responsible under the Minister for the administration of this Act. This change will enable the agency to be scheduled under the administrative arrangements order as a principal area of government within the Department of Industries and Business rather than a separate agency. Because the objective of the Bill is to avoid unintended budgetary constraints it is proposed that the Bill if passed will be taken to have come into operation on 1 July 1999.

I now turn to the Racing and Gaming Authority Act Repeal Bill. The Racing and Gaming Authority Act was an Act that established an administrative structure and the authority was not vested with any substantive functions in the regulation of racing and gaming, as these were the responsibility of the various racing and gaming commissions. The Department of Industries and Business has now assumed all of the administrative functions of the Northern Territory Racing and Gaming Authority. The Racing and Gaming Authority Act no longer serves a useful purpose and should be repealed. That is the purpose of the bill before this House. While there are no substantive provisions to be retained, appropriate savings and transitional arrangements have been made to deal with any existing contractual obligations, assets and records held in the name of the Authority. In brief, any rights and liabilities held by the Authority for the benefit of the racing industry are to be transferred to the Racing Commission. All other rights and liabilities are to be vested in the Territory.

The amendment to the Racing and Betting Act provides for the appointment of a chairperson to the Racing Commission, a position currently held ex officio by the Chief Executive Officer of the Racing and Gaming Authority.

The remainder of the bills before this House deal with the formation of the Northern Territory Licensing Commission. I mentioned that one of the objectives with the formation of the Department of Industries and Business is to reduce duplication and inefficiencies in the area of business regulation. The department supports several existing commissions, authorities and boards. Several of these lend themselves to amalgamation. Presently the Liquor Commission licences and administers the provision of liquor in licensed premises and elsewhere, and the possession, supply and use of kava. The Gaming Machine Commission licenses and regulates the operation of gaming machines in licensed premises. The Private Security Licensing Authority licenses and regulates the provision of security services to licensed premises and elsewhere.

Each of these commissions or authorities is involved in business licensing often on the same premises. Each is required to assess whether an applicant is a fit and proper person according to the relevant standard for the particular license.

The commonality of functions is underlined by the fact that the chair of the Liquor Commission is an ex officio appointment to the Gaming Machine Commission. It is proposed that these bodies be merged into the Northern Territory Licensing Commission.

Apart from streamlining the number of regulatory agencies that business must deal with, this change would also compliment the administrative changes that have occurred within the Department. The Liquor, Gaming and Private Securities Administrations have been merged and under the revised scheme all inspectors and officials report through a single structure.

It is also proposed the functions of the Gaming Control Commission be incorporated into the new Commission. The Gaming Control Commission has advisory and review functions that are well suited to the new commission.

Mr Speaker, the Northern Territory Licensing Commission Bill contains the usual machinery provisions to establish a commission. The number of commissioners will be as the Minister decides is appropriate from time to time. The Bill carries forward the current appointments to the various commissions to ensure continuity of work.

Subject to the provisions of any other Act a quorum of the commission will be three. The qualification preserves the capacity of the Commission to be constituted by a single member when conducting a hearing under the Liquor Act. The Bill confirms that three members of the Commission may convene to deal with the work of the Commission while another three members are dealing with other matters elsewhere.

The Commission may delegate its functions to support the Commission. It is proposed to replace such positions as the Registrar of Liquor Licences and the Director of Gaming, with the new position of Director of Licensing. Deputy Directors may also be appointed. While the objective of these changes was to make structural reforms only, leaving the substantive operation of the main acts unaffected at this time, the Bill makes provision for the administrative review of decisions. The Bill provides for the administrative review of decisions made by the Commission, the chairperson, the director or deputy director. This is subject to the provisions of any other Act that may specify the rights of appeal or the procedures to be followed in any particular case.

These sensible changes will reduce the number of commissions, boards and authorities that are part of the regulatory environment in the Northern Territory. This is part of the wider review and reform process that has been initiated by the government. All acts and regulations that affect businesses are being reviewed to see what scope there is for improvement. The review of the operation of the Liquor Kava and Gaming Act is a priority.

In summary, these bills provide the structural changes necessary for more efficient administration of the liquor, kava and gaming laws. They will provide immediate benefits to government and to business. The bills before this House are simple and sensible and I commend the bills.

Debate adjourned.

 

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