Australian
Capital Territory Gaming and Liquor Authority Act 1981
No. 116 of 1981
TABLE OF
PROVISIONS
PART
I—PRELIMINARY
Section
1. Short title
2. Commencement
3. Interpretation
PART
II—ESTABLISHMENT, CONSTITUTION AND FUNCTIONS OF AUTHORITY
4. Establishment of Authority
5. Constitution of Authority
6. Acting appointments
7. Leave of absence
8. Resignations
9. Remuneration and allowances
10. Termination of appointment
11. Disclosure of interests
12. Meetings
13. Delegation by Authority
14. Functions of Authority
15. General powers of Authority
16. Authority not to be subject to
taxation
TABLE
OF PROVISIONS—continued
PART
III—AMENDMENTS OF ORDINANCES
Division
1—Amendments of the Betting Ordinance
Section
17. Principal Ordinance
18. Interpretation
19. Repeal
Division 2—Amendments of the Liquor Ordinance
20. Principal Ordinance
21. Interpretation
22. Repeal
23. Application for permit
24. Payment of licence fees
25. Payment of balance of renewal
fee
Division 3—Amendments
of the Poker Machine Ordinance
26. Principal Ordinance
27. Interpretation
28. Repeal
Division 4—Amendment
of Ordinances
29. Ordinances may be amended
PART
IV—TRANSFERS OF ASSETS AND LIABILITIES AND SAVINGS PROVISIONS
30. Transfer of assets, liabilities,
&c.
31. General manager and employees
of TAB
32. Contracts, agreements and
arrangements
33. Proceedings
34. Exemption from taxation
35. Registration of changes in
title to land
36. References in certain
Ordinances
37. Authority deemed to have done
certain things
38. Regulations
Australian
Capital Territory Gaming and Liquor Authority Act 1981
No.
116 of 1981
An Act to
establish a Gaining and Liquor Authority for the Australian Capital Territory
and for related purposes
[Assented to 24 June 1981]
BE
IT ENACTED by the Queen, and the Senate and the House of Representatives of the
Commonwealth of Australia, as follows:
PART
I—PRELIMINARY
Short
title
1. This Act may be cited
as the Australian Capital Territory
Gaming and Liquor Authority Act 1981.
Commencement
2. This Act shall come
into operation on a day to be fixed by Proclamation.
Interpretation
3. In this Act, unless the
contrary intention appears—
“Authority”
means the Australian Capital Territory Gaming and Liquor Authority established
by section 4;
“Betting
Ordinance” means the Betting (Totalizator Agency) Ordinance 1964 of the Australian Capital Territory as amended and
in force immediately before the commencement of this Act;
“Chairman”
means the Chairman of the Authority;
“commencing
day” means the day fixed under section 2;
“Deputy
Chairman” means the Deputy Chairman of the Authority;
“Liquor
Licensing Board” means the Liquor Licensing Board of the Australian Capital
Territory established by the Liquor Ordinance;
“Liquor
Ordinance” means the Liquor Ordinance 1975
of the Australian Capital Territory as amended and in force immediately before
the commencement of this Act;
“member”
means a member of the Authority;
“Poker
Machine Licensing Board” means the Poker Machine Licensing Board of the Capital
Territory established by the Poker Machine Ordinance;
“Poker
Machine Ordinance” means the Poker
Machine Control Ordinance 1975 of the Australian Capital Territory as
amended and in force immediately before the commencement of this Act;
“TAB”
means the Australian Capital Territory Totalizator Agency Board established by
the Betting Ordinance.
PART
II—ESTABLISHMENT, CONSTITUTION AND FUNCTIONS OF AUTHORITY
Establishment
of Authority
4. (1) There is established by this Act an Authority by the name of
the Australian Capital Territory Gaming and Liquor Authority.
(2) The Authority—
(a)
is a body corporate, with perpetual succession;
(b)
shall have a common seal;
(c)
may acquire, hold and dispose of real and personal property; and
(d)
may sue and be sued in its corporate name.
(3) The common seal of the
Authority shall be kept in such custody as the Authority directs and shall not
be used except as authorized by the Authority.
(4) All courts, judges and
persons acting judicially shall take judicial notice of the common seal of the
Authority affixed to a document and shall presume that it was duly affixed.
Constitution
of Authority
5. (1) The Authority shall consist of 5 members appointed by the
Minister.
(2) The Minister may
appoint a person who is, or is to be, a member to be Chairman of the Authority.
(3) The Minister may
appoint a person who is, or is to be, a member to be Deputy Chairman of the
Authority.
(4) Subject to sub-section
(5), the members shall be appointed as part-time members.
(5) Where the Minister
appoints a person who is to be a member to be Chairman, that member may be
appointed as a full-time member.
(6) Subject to this Act, a
member holds office for such period, not exceeding 5 years, as is specified in
the instrument of his appointment but is eligible for re-appointment.
Acting
appointments
6. (1) The Minister may appoint a person to act as Chairman—
(a)
during a vacancy in the office of Chairman, whether or not an appointment has
previously been made to the office; or
(b)
during any period, or during all periods, when the Chairman is absent from duty
or from the Territory or is for any reason unable to perform the functions of
his office.
(2) A person appointed to
act during any period, or during all periods, when the Chairman is absent from
duty or from the Territory or is for any reason unable to perform the functions
of his office may be appointed—
(a)
where the Chairman is a member who has been appointed on a full-time
basis—either on a full-time basis or on a part-time basis; or
(b)
where the Chairman is a member who has been appointed on a part-time basis—on a
part-time basis.
(3) While a person is acting as
Chairman in pursuance of an appointment made under sub-section (1), he has and
may exercise all the powers, and shall perform all the functions, of the
Chairman.
(4) The Minister may
appoint a person to act as a member—
(a)
during a vacancy in the office of a member (other than the Chairman), whether
or not an appointment has previously been made to the office; or
(b)
during any period when a member (other than the Chairman) is absent from duty
or from the Territory or is, for any other reason, unable to perform the
functions of his office.
(5) While a person is
acting as a member in pursuance of an appointment made under paragraph (4) (a),
he has and may exercise all the powers, and shall perform all the functions, of
a member (other than the Chairman or the Deputy Chairman).
(6) While a person is
acting as a member in pursuance of an appointment made under paragraph (4) (b),
he has and may exercise all the powers, and shall perform all the functions, of
the member who is absent from duty or from the Territory or is unable to
perform the functions of his office.
(7) An appointment of a
person under sub-section (1) or (4) may be expressed to have effect only in
such circumstances as are specified in the instrument of appointment.
(8) The Minister may—
(a)
determine the terms and conditions of appointment, including remuneration and
allowances, of a person acting as Chairman or as a member; and
(b)
terminate such an appointment at any time.
(9) Where—
(a)
a person is acting in the office of Chairman in pursuance of an appointment
made under paragraph (1) (b); or
(b)
a person is acting in the office of a member in pursuance of an appointment
made under paragraph (4) (b),
and
that office becomes vacant while that person is so acting, then, subject to
sub-section (7), that person may continue so to act until the Minister
otherwise directs, the vacancy is filled or a period of 12 months from the date
on which the vacancy occurred expires, whichever first happens.
(10) The appointment of a
person to act as Chairman, or as a member, ceases to have effect if he resigns
his appointment by writing signed by him and delivered to the Minister.
(11) The validity of
anything done by a person purporting to act in pursuance of an appointment
under sub-section (1) or (4) shall not be called into question on the ground
that the occasion for his appointment had not arisen, that there is a defect or
irregularity in or in connection with his appointment, that the appointment had
ceased to have effect or that the occasion for him to act had not arisen or had
ceased.
(12) Where a person is
acting as Chairman in pursuance of an appointment made under sub-section (1) or
as a member in pursuance of an appointment under sub-section (4), the person
shall, for the purposes of the provisions of this Act, other than sections 9 and
10, and for the purposes of—
(a)
the Betting (Totalizator Agency) Ordinance
1964 of the Australian Capital Territory as amended and in force from time
to time;
(b)
the Liquor Ordinance 1975 of the
Australian Capital Territory as amended and in force from time to time; and
(c)
the Poker Machine Control Ordinance 1975
of the Australian Capital Territory as amended and in force from time to time,
be
deemed to be the Chairman, or a member, as the case may be.
Leave
of absence
7. (1) The Minister may grant leave of absence to the Chairman (being
a full-time member) upon such terms and conditions as to remuneration or
otherwise as the Minister determines.
(2) The Minister may grant
to a part-time member leave of absence from a meeting of the Authority.
Resignation
8. A member may resign his
office by writing signed by him and delivered to the Minister.
Remuneration
and allowances
9. (1) Subject to this section, a member shall be paid such
remuneration as is determined by the Remuneration Tribunal, but, if no
determination of that remuneration by the Tribunal is in operation, he shall be
paid such remuneration as is prescribed.
(2) A member shall be paid
such allowances as are prescribed.
(3) Sub-sections (1) and
(2) have effect subject to the Remuneration
Tribunals Act 1973.
Termination
of appointment
10. (1) The Minister may terminate the appointment of a member by
reason of misbehaviour or physical or mental incapacity.
(2) If—
(a)
a member becomes bankrupt, applies to take the benefit of any law for the
relief of bankrupt or insolvent debtors, compounds with his creditors or makes
an assignment of his remuneration for their benefit;
(b)
the Chairman, being a full-time member—
(i)
engages, except with the approval of the Minister, in any paid employment
outside the duties of his office;
(ii)
is absent from duty, except on leave granted by the Minister in accordance with
sub-section 7 (1), for 14 consecutive days or for 28 days in any period of 12
months;
(c)
a part-time member is absent, except on leave granted by the Minister in
accordance with sub-section 7 (2), from 3 consecutive meetings of the
Authority;
(d)
a member is convicted, whether within or outside the Australian Capital
Territory, of—
(i)
an offence against a law relating to gaming or betting; or
(ii)
an offence against any other law punishable on conviction by imprisonment for a
period of not less than one year; or
(e)
a member fails, without reasonable excuse, to comply with his obligations under
section 11,
the
Minister shall terminate the appointment of that member.
Disclosure
of interests
11. (1) A member who has a direct or indirect pecuniary interest in a
matter being considered or about to be considered by the Authority shall, as
soon as possible after the relevant facts have come to his knowledge, disclose
the nature of his interest at a meeting of the Authority.
(2) Where the Authority is
considering, or is about to consider, a matter relating to a body, whether
corporate or unincorporate, that is the holder of, or that has applied for, a
licence under the Liquor Ordinance 1975
of the Australian Capital Territory as amended and in force at any time
(whether or not that matter arises under or in relation to that Ordinance), a
member—
(a)
who is the secretary of that body; or
(b)
who directly or indirectly receives any remuneration, emoluments or fees from
that body,
shall
be deemed for the purposes of sub-section (1) to have a direct or indirect
pecuniary interest in that matter.
(3) A disclosure under
sub-section (1) shall be recorded in the minutes of the meeting of the
Authority and the member shall not—
(a)
be present during any deliberation of the Authority with respect to that
matter; or
(b)
take part in any decision of the Authority with respect to that matter.
Meetings
12. (1) The Authority shall hold such meetings as are necessary for the
efficient performance of the functions of the Authority.
(2) The Chairman or, if the
Chairman is not available, the Deputy Chairman may convene meetings of the
Authority.
(3) The Chairman shall
preside at all meetings of the Authority at which he is present.
(4) If the Chairman is not
present at a meeting of the Authority—
(a)
the Deputy Chairman shall preside at that meeting; or
(b)
if the Deputy Chairman is not present, the members present shall appoint one of
their number to preside at that meeting.
(5) At a meeting of the
Authority, 3 members constitute a quorum.
(6) Questions arising at a
meeting of the Authority shall be determined by a majority of the votes of the
members present and voting.
(7) The member presiding at
a meeting of the Authority has a deliberative vote and, in the event of an
equality of votes, also has a casting vote.
(8) The member presiding at
a meeting of the Authority may regulate the conduct of proceedings at the
meeting.
(9) The Authority shall
keep minutes of proceedings at meetings of the Authority.
Delegation
by Authority
13. (1) The Authority may, either generally or as otherwise provided by
the instrument of delegation, by writing under its common seal, delegate to a
member of the staff of the Authority or to an officer of the Australian Public
Service any functions or powers that are conferred on it by or under this Act
or
under
an Ordinance of the Australian Capital Territory, other than this power of
delegation.
(2) Any act or thing done
in the performance of a function or the exercise of a power by a person to whom
that function or that power has been delegated by the Authority under
sub-section (1) has the same force and effect as if it had been done by the
Authority.
(3) Where, under this Act
or any Ordinance of the Australian Capital Territory that confers functions or
powers on the Authority, the performance of a function or the exercise of a
power by the Authority is dependent upon the opinion, belief or state of mind
of the Authority in relation to a matter and that function or power has been
delegated under sub-section (1), that function or power may be performed or
exercised by the delegate upon the opinion, belief or state of mind of the
delegate in relation to that matter.
(4) A delegation under
sub-section (1) does not prevent the performance of a function or the exercise
of a power by the Authority.
(5) Where a person purports
to perform a function or exercise a power conferred on the Authority by or
under this Act or an Ordinance of the Australian Capital Territory, it shall be
presumed, unless the contrary is established, that the person is duly authorized
by a delegation under sub-section (1) to perform the function or exercise the
power.
(6) A document purporting
to be signed by a person as a delegate of the Authority shall be deemed, unless
the contrary is established, to have been signed by such a delegate and to have
been so signed pursuant to the performance of a function or the exercise of a
power duly delegated to the person by the Authority.
Functions
of Authority
14. (1) The Authority has such functions and duties as were,
immediately before the commencing day, conferred or imposed on the TAB by the
Betting Ordinance.
(2) The Authority has such
functions and duties as were, immediately before the commencing day, conferred
or imposed on the Liquor Licensing Board by the Liquor Ordinance.
(3) The Authority has such
functions and duties as were, immediately before the commencing day, conferred
or imposed on the Poker Machine Licensing Board by the Poker Machine Ordinance.
General
powers of Authority
15. (1) The Authority has power to do all things necessary or
convenient to be done in connection with, or incidental to, the performance of
its functions.
(2) In the exercise of its
powers and in the performance of its functions, the Authority is subject to the
directions of the Minister.
Authority
not to be subject to taxation
16. The Authority is not
subject to taxation under any law of the Commonwealth or of a State.
PART
III—AMENDMENTS OF ORDINANCES
Division 1—Amendments of the Betting Ordinance
Principal
Ordinance
17. The Betting Ordinance
is in this Division referred to as the Principal Ordinance.
Interpretation
18. Section 4 of the
Principal Ordinance is amended—
(a)
by inserting after the definition of “accounting year” the following
definition:
“‘Authority’
means the Australian Capital Territory Gaming and Liquor Authority established
by section 4 of the Australian Capital
Territory Gaming and Liquor Authority Act 1981;”;
(b)
by inserting after the definition of “betting” the following definition:
“‘Chairman’
means the Chairman of the Authority;”;
(c)
by inserting after the definition of “club” the following definition:
“‘Deputy
Chairman’ means the Deputy Chairman of the Authority;”;
(d)
by omitting the definition of “member” and substituting the following
definition:
“‘member’
means a member of the Authority;”; and
(e)
by omitting the definitions of “the Board”, “the Chairman” and “the Deputy
Chairman”.
Repeal
19. Sections 5, 6, 7, 8,
10, 11, 12, 13, 14 and 15 of the Principal Ordinance are repealed.
Division 2—Amendments of the Liquor
Ordinance
Principal
Ordinance
20. The Liquor Ordinance is
in this Division referred to as the Principal Ordinance.
Interpretation
21. Section 4 of the
Principal Ordinance is amended—
(a)
by inserting before the definition of “bar-room” in sub-section (1) the
following definition:
“‘Authority’
means the Australian Capital Territory Gaming and Liquor Authority established
by section 4 of the Australian Capital
Territory Gaming and Liquor Authority Act 1981 ;”;
(b)
by omitting from sub-section (1) the definition of “Board”; and
(c)
by omitting from sub-section (1) the definition of “Chairman” and substituting
the following definition:
“‘Chairman’
means the Chairman of the Authority;”.
Repeal
22. Sections 6, 7, 8, 9,
10, 11, 12, 14 and 14a of the
Principal Ordinance are repealed.
Application
for permit
23. Section 62 of the
Principal Ordinance is amended by omitting from paragraph (b) “the Registrar”
and substituting “the Commonwealth”.
Payment
of licence fees
24. Section 94 of the
Principal Ordinance is amended by omitting “him” and substituting “the
Commonwealth” (wherever occurring).
Payment
of balance of renewal fee
25. Section 94a of the Principal Ordinance is amended
by omitting from paragraph (2) (a) “the Registrar” and substituting “the
Commonwealth”.
Division 3—Amendments of the Poker Machine
Ordinance
Principal
Ordinance
26. The Poker Machine
Ordinance is in this Division referred to as the Principal Ordinance.
Interpretation
27. Section 3 of the
Principal Ordinance is amended by omitting the definitions of “Board” and “Chairman”
and substituting the following definitions:
“‘Authority’
means the Australian Capital Territory Gaming and Liquor Authority established
by section 4 of the Australian Capital
Territory Gaming and Liquor Authority Act 1981 ;
“‘Chairman’
means the Chairman of the Authority;”
Repeal
28. Sections 5, 6, 7, 8, 9,
10, 11, 12 and 13 of the Principal Ordinance are repealed.
Division 4—Amendment of Ordinances
Ordinances
may be amended
29. (1) Nothing in this Act
prevents the amendment by an Ordinance under the Seat of Government (Administration) Act 1910 of any provisions of—
(a)
the Betting Ordinance as amended by this Act;
(b)
the Liquor Ordinance as amended by this Act; or
(c)
the Poker Machine Ordinance as amended by this Act.
(2) This Part shall be
deemed to be an Ordinance of the Australian Capital Territory for the purposes
of section 38 of the Interpretation
Ordinance 1967 of the Australian Capital Territory as amended and in force
from time to time.
(3) Where a Division of
this Part amends an Ordinance of the Australian Capital Territory, the
provisions of that Division shall be construed with that Ordinance and as part
of it.