Gaming Machine (Amendment) Act (No 2) 1988 (ACT)

The matter before the court involved a challenge to the Gaming Machine (Amendment) Ordinance (No 2) 1988, enacted by the Australian Capital Territory. The case revolved around the amendment to the definition of a "multi-coin machine" within the Gaming Machine Ordinance 1987, which increased the minimum coin acceptance value from 10 cents to 20 cents. The dispute centred on whether the amendment was validly enacted and if it conformed to the requirements set out in the Seat of Government (Administration) Act 1910.

The court was tasked with determining whether the amendment to the Gaming Machine Ordinance 1987 was validly enacted under the authority of the Seat of Government (Administration) Act 1910. The key issue was whether the amendment process adhered to the necessary legislative procedures and if the Governor-General's advice, as required by the Act, was appropriately followed. Additionally, the court needed to consider whether the amendment was consistent with the broader statutory framework governing gaming machines in the Australian Capital Territory.

In addressing the matter, the court examined the procedural requirements for the amendment of the Gaming Machine Ordinance 1987 under the Seat of Government (Administration) Act 1910. The court considered whether the amendment was properly notified in the Commonwealth of Australia Gazette and if it was made with the advice of the Federal Executive Council, as mandated by the Act. Furthermore, the court assessed whether the amendment process complied with the legislative framework governing gaming machines in the Australian Capital Territory.

The court concluded that the Gaming Machine (Amendment) Ordinance (No 2) 1988 was validly enacted under the authority of the Seat of Government (Administration) Act 1910. The amendment process was found to be in compliance with the necessary legislative requirements, including proper notification and adherence to the advice of the Federal Executive Council. As such, the amendment to the definition of "multi-coin machine" was deemed lawful and effective from 1 July 1988.