Gaming Machine (Amendment) Act (No 3) 1990 (ACT)

The Gaming Machine (Amendment) Act (No. 3) 1990 (ACT) is an amendment to the Gaming Machine Act 1987 (ACT), which regulates gaming machines in the Australian Capital Territory. The Act was passed to replace the authority of the Australian Capital Territory Gaming and Liquor Authority with the Commissioner for Australian Capital Territory Revenue, and to make other amendments to the principal Act.

The central legal issue was whether the amendments to the principal Act were valid and effective, and whether the new provisions could be applied to decisions and proceedings that were ongoing at the time of the amendments. The court had to consider the transitional provisions of the new Act, which aimed to ensure a smooth transition from the old authority to the new Commissioner, and to preserve the rights of parties who were involved in decisions or proceedings under the old Act.

The court held that the amendments were valid and effective, and that the transitional provisions were sufficient to protect the rights of parties who were involved in decisions or proceedings under the old Act. The court relied on the express language of the transitional provisions, which provided for the continuation of inquiries, appeals, and applications that were pending at the time of the amendments. The court also noted that the new Act provided for a review of decisions by the Australian Capital Territory Administrative Appeals Tribunal, which was a sufficient safeguard for the rights of parties who were affected by the decisions of the Commissioner.

The court made no orders, as the case was not a dispute between parties but a constitutional matter. The court's decision confirmed the validity and effectiveness of the Gaming Machine (Amendment) Act (No. 3) 1990 (ACT), and ensured a smooth transition from the old authority to the new Commissioner.