Gaming Machine (Compulsory Surrender) Amendment Act 2024 (ACT)

In the case before the Supreme Court of the Australian Capital Territory, the plaintiff sought a declaration that the Gaming Machine (Compulsory Surrender) Amendment Act 2024 (ACT) was invalid, unconstitutional, and beyond the legislative power of the ACT. The plaintiff also sought an injunction and damages for the alleged unlawful taking of gaming machines from the plaintiff’s premises. The legal issues before the court were whether the Act was authorised by the Australian Capital Territory’s constitutional powers, whether it was consistent with the Australian Constitution, and whether it amounted to an unlawful taking of property under section 51(xxxi) of the Constitution.

The court found that the Act was validly made under the Australian Capital Territory's legislative powers. It was consistent with the Australian Constitution and did not amount to an unlawful taking of property. The court held that the Act was a reasonable and appropriate measure to achieve the legitimate objective of reducing the number of gaming machines in the ACT, and that it did not deprive the plaintiff of their property without just compensation. The court further held that the Act provided for compensation to be paid to the plaintiff for the surrender of their gaming machines, which was sufficient to satisfy the requirements of the Constitution.

The final orders of the court were that the plaintiff's claim be dismissed with costs. The court found that the Act was valid, constitutional, and did not amount to an unlawful taking of property. The plaintiff was ordered to pay the costs of the defendant.