EXPLANATORY STATEMENT
Minute No. of 2005 - Minister for Local Government, Territories and Roads
Subject - Christmas Island Act 1958
Cocos (Keeling) Islands Act 1955
Casino Legislation Ordinance 2005 (No. 1)
Applied Laws (Implementation) Amendment Ordinance 2005 (No. 1)
Subsection 9(1) of the Christmas Island Act 1958 (the CI Act) and subsection 12(1) of the Cocos (Keeling) Island Act 1955 (the CKI Act) provide that the Governor-General may make Ordinances for the peace, order and good government of the Territories of Christmas Island and the Cocos (Keeling) Islands (the Territories).
Section 8A of both the CI Act and the CKI Act provides, in part, that the provisions of the law of Western Australia, as in force in Western Australia from time to time, are in force in the Territories, and that those laws may be incorporated, amended or repealed by an Ordinance or a law made under an Ordinance.
The Gaming and Wagering Commission Act 1987(WA) prohibits common gaming houses, including casinos. This Act was excluded from operating in the Territories by the Applied Laws (Implementation) Ordinance 1992 for the Territories.
The Burswood Casino in Perth is authorised by an agreement under the Casino Control Act 1984 (WA). This legislation is excluded from operating in the Territories.
Casino operations on Christmas Island were regulated by the Casino Control Ordinance 1988 and a casino operated on the island under this scheme between 1993 and 1998. In 1998, the casino ceased operations for commercial reasons. There are no casino operations in the Cocos (Keeling) Islands.
On 16 July 2004, the Minister for Local Government, Territories and Roads announced that the Australian Government will prohibit casino operations in the Territories. By prohibiting casinos, the Government is seeking to limit the detrimental effects of problem gambling and protect social welfare in the Territories.
The Ordinances prohibit casino operations in the Territories. This was achieved by applying the Gaming and Wagering Commission Act 1987 (WA) to the Territories, and repealing the Casino Control Ordinance 1988.
The Casino Legislation Ordinance 2005 (No. 1) applies to Christmas Island and amends the Applied Laws (Implementation) Ordinance 1992 in order to apply the Gaming and Wagering Commission Act 1987 (WA)(CI), and also repeals the Casino Control Ordinance 1988.
The Applied Laws (Implementation) Amendment Ordinance 2005 (No. 1) applies to the Cocos (Keeling) Islands and amends the Applied Laws (Implementation) Ordinance 1992 in order to apply the Gaming and Wagering Commission Act 1987 (WA)(CKI).
The Ordinances commenced on the day after they were registered on the Federal Register of Legislative Instruments.
The Ordinances are legislative instruments for the purposes of the Legislative Instruments Act 2003.
Authority: Subsection 9(1) of the Christmas Island Act 1958
Subsection 12(1) of the Cocos (Keeling) Islands Act 1955