Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017 (Cth)

Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017

I, Fiona Nash, Minister for Local Government and Territories, make the following rules.

Dated 30 March 2017

Fiona Nash

Minister for Local Government and Territories

Contents

1Name

This instrument is the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	Immediately after the commencement of section 1 of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017.	1 April 2017

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under section 6 of the Norfolk Island Continued Laws Ordinance 2015.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Part 1Amendment of the Gaming Supervision Act 1998 (Norfolk Island)

Norfolk Island Continued Laws Ordinance 2015

1

Items 101, 101AA and 101A of Schedule 1

Repeal the items, substitute:

101

Section 4 (definition of Director)

Repeal the definition.

101A

Section 4 (definition of presiding member)

Repeal the definition.

101B

Sections 6 to 10

Repeal the sections, substitute:

6Powers and functions of the Authority

On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.

101C

Paragraph 11(1)(c)

Repeal the paragraph.

101D

Subsection 11(3)

Repeal the subsection, substitute:

1. (3)

   The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.

101E

Paragraph 13(1)(f)

Omit “a member of”.

101F

Paragraph 13(2)(c)

Omit “or a member of the Authority”.

101G

Section 14

Repeal the section.

101H

Part 3 (heading)

Repeal the heading, substitute:

Part 3—Authorised officers

101J

Section 15

Repeal the section.

101K

Subsection 22(1)

Omit “A member of the Authority, the Director or an”, substitute “An”.

101L

Subsection 22(2)

Omit “The Director of Gaming, Deputy Director of Gaming or an”, substitute “An”.

101M

Paragraph 23(a)

After “against”, insert “the Minister,”.

101N

Paragraph 26(1)(d)

Omit “, the Director”.

Part 2Amendment of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island)

Norfolk Island Continued Laws Ordinance 2015

2

Before item 23AA of Schedule 1

Insert:

23AAA

Subsection 4(1) (definition of Director of Gaming and Deputy Director of Gaming)

Repeal the definition.

3

After item 24AD of Schedule 1

Insert:

24ADA

Section 41

Omit “a member of the Authority, the Director of Gaming, the Deputy Director of Gaming, or” (wherever occurring).

24ADB

Section 43

Repeal the section.

Part 3Amendment of the Gaming Act 1998 (Norfolk Island)

Norfolk Island Continued Laws Ordinance 2015

4

Before item 99AA of Schedule 1

Insert:

99AAA

Subsection 4(1) (definition of Director)

Repeal the definition.

5

After item 100D of Schedule 1

Insert:

100DA

Paragraph 28F(2)(d)

Omit “or the Director”.

6

After item 100E of Schedule 1

Insert:

100EA

Section 28Q (heading)

Repeal the heading, substitute:

28QEntry of place by authorised officers, etc.

100EB

Subsection 28Q(1)

Omit “The Director, or an”, substitute “An”.

100EC

Paragraph 28Q(1)(d)

Omit “the Director or”.

100ED

Subsection 28Q(2)

Omit “the Director or”.

100EF

Section 39

Omit “a member of the Authority, the Director of Gaming, the Deputy Director of Gaming, or” (wherever occurring).

100EG

Section 41

Repeal the section.

Part 4Transitional provisions

Norfolk Island Continued Laws Ordinance 2015

1. 7

   In the appropriate position in Part 2 of Schedule 1

   Insert:

   Division 8—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017

359

Definitions

In this Division:

amending rules means the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.

Authority means the Norfolk Island Gaming Authority.

commencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.

Deputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.

Director means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.

360

References in certain instruments to the Director

(1) If:

1. (a)

   an instrument was in force immediately before the commencement time; and

2. (b)

   a reference is made in the instrument to the Director; and

3. (c)

   the instrument is an instrument covered by one or more of the following subparagraphs:

   1. (i)

      an instrument that was made by the Authority or the Director;

   2. (ii)

      an instrument to which the Authority or the Director was a party;

   3. (iii)

      an instrument that was given to, or in favour of, the Authority or the Director;

   4. (iv)

      an instrument under which any right or liability accrues or may accrue to the Authority or the Director;

then the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.

(2) The Minister may determine, in writing, that this item does not apply to a particular instrument.

(3) A determination made under subitem (2) has effect accordingly.

(4) In this item:

exempt instrument means:

1. (a)

   an Act; or

2. (b)

   an instrument made under the Norfolk Island Act 1979; or

3. (c)

   an enactment (within the meaning of that Act).

instrument:

1. (a)

   includes:

   1. (i)

      a licence; and

   2. (ii)

      a contract, deed, undertaking or agreement; and

   3. (iii)

      a notice, authority, order or instruction; and

   4. (iv)

      an instrument made under an Act or under regulations; but

2. (b)

   does not include an exempt instrument.

361

Review of decisions of the Director

Despite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.

362

Restrictions on employment

Despite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.