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Australia from time to time, are in force in the Territories, and that those laws may be incorporated, amended or repealed by an Ordinance or a law made under an Ordinance.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
Overview
The Casino Legislation Ordinance 2005 (No. 1) and the Applied Laws (Implementation) Amendment Ordinance 2005 (No. 1) were enacted to prohibit casino operations on Christmas Island and the Cocos (Keeling) Islands respectively. These Ordinances were introduced by the Australian Government in response to the detrimental effects of problem gambling and to protect social welfare in the Territories. The enactment of this legislation was authorised under the Christmas Island Act 1958 and the Cocos (Keeling) Islands Act 1955, which empower the Governor-General to make Ordinances for the peace, order, and good government of the Territories. This legislative action aimed to apply the Gaming and Wagering Commission Act 1987 from Western Australia to both territories, effectively repealing the Casino Control Ordinance 1988 on Christmas Island and prohibiting any casino operations that were previously allowed under that scheme. The Ordinances commenced on the day after their registration on the Federal Register of Legislative Instruments, and they are considered legislative instruments under the Legislative Instruments Act 2003.
Scope and Application
The Casino Legislation Ordinance 2005 (No. 1) and the Applied Laws (Implementation) Amendment Ordinance 2005 (No. 1) govern the regulation of casino operations on Christmas Island and the Cocos (Keeling) Islands, respectively. These ordinances apply to the residents, businesses, and any entities operating within these territories, effectively prohibiting the establishment and operation of casinos. The ordinances were enacted to align with the broader federal policy aimed at preventing the detrimental effects of problem gambling and safeguarding social welfare within the territories. These ordinances implement the provisions of the Gaming and Wagering Commission Act 1987 of Western Australia, which outlaws common gaming houses, including casinos, and repeal the previous Casino Control Ordinance 1988 that once regulated casino operations on Christmas Island. The ordinances came into effect immediately after their registration on the Federal Register of Legislative Instruments, serving as legislative instruments under the Legislative Instruments Act 2003.
Key Provisions
The primary operative sections of these Ordinances are sections 3 and 4 of the Casino Legislation Ordinance 2005 (No. 1) and sections 3 and 4 of the Applied Laws (Implementation) Amendment Ordinance 2005 (No. 1). Section 3 of each Ordinance applies the Gaming and Wagering Commission Act 1987 (WA) to the respective Territory, effectively prohibiting the operation of casinos within those areas. This application is achieved by repealing the previous Casino Control Ordinance 1988, which previously regulated casino operations on Christmas Island. Section 4 of each Ordinance repeals the Casino Control Ordinance 1988, thereby ensuring that no casino operations can take place in the Territories.
These Ordinances impose significant obligations on entities and individuals operating within the Territories. They must ensure compliance with the Gaming and Wagering Commission Act 1987 (WA), which prohibits the establishment and operation of common gaming houses, including casinos. Any business or individual planning to operate a casino in the Territories must be aware that such activities are explicitly forbidden and that any attempt to do so would be in violation of the law.
Breach of these provisions can lead to serious consequences. Under the Gaming and Wagering Commission Act 1987 (WA), the operation of a casino without proper authorisation is an offence. The maximum penalties for such offences can be substantial, including fines and imprisonment, depending on the severity and frequency of the offence. Given that these laws are now applicable in the Territories, those found in breach could face similar penalties as they would in Western Australia. The prohibition is clear, and non-compliance could result in significant legal ramifications for the individuals or entities involved.