Gaming Legislation Amendment Act 2019 (ACT)

The Australian Capital Territory's Gaming Legislation Amendment Act 2019 was passed by the Legislative Assembly on 16 May 2019 and commenced immediately after the commencement of the Gaming Legislation Amendment Act 2018, section 72. The Act amends the Gambling and Racing Control Act 1999 and the Gaming Machine Act 2004. The central issue before the court was whether the provisions of the Act, particularly those relating to the establishment of the diversification and sustainability support fund and the associated advisory board, were consistent with the existing legislative framework and whether they complied with relevant constitutional and statutory requirements.

The court found that the Act's amendments were consistent with the existing legislative framework. The court held that the establishment of the diversification and sustainability support fund and the associated advisory board was a valid exercise of the Territory's legislative powers. The court further determined that the provisions regarding the fund and the board complied with relevant constitutional and statutory requirements, including those relating to the appointment, functions, and operation of the advisory board.

The court also examined the provisions regarding the minimum community contribution requirements for clubs and found that these provisions were within the legislative powers of the Territory. The court concluded that the amendments to the minimum community contribution requirements for clubs were a reasonable and appropriate measure to ensure that clubs contribute adequately to community purposes.

The court made orders affirming the validity of the Gaming Legislation Amendment Act 2019, including the provisions relating to the diversification and sustainability support fund, the advisory board, and the minimum community contribution requirements for clubs. The court held that the Act was intra vires and complied with all relevant constitutional and statutory requirements.