Casino Legislation Ordinance 2005 (No. 1) (CI)

Overview

The Casino Legislation Ordinance 2005 (No. 1) and the Applied Laws (Implementation) Amendment Ordinance 2005 (No. 1) were enacted to address the problem of casino operations in Australia's external Territories, namely Christmas Island and the Cocos (Keeling) Islands. These Ordinances were introduced by the Minister for Local Government, Territories and Roads and were made under the authority of the Christmas Island Act 1958 and the Cocos (Keeling) Islands Act 1955. The primary policy objective behind these Ordinances was to prohibit casino operations in the Territories, aiming to limit the detrimental effects of problem gambling and protect the social welfare of the residents in these areas. This was achieved by applying the Gaming and Wagering Commission Act 1987 (WA) to the Territories and repealing the Casino Control Ordinance 1988, which previously regulated the casino operations on Christmas Island. The Casino Legislation Ordinance 2005 (No. 1) specifically targets Christmas Island, applying the Gaming and Wagering Commission Act 1987 (WA) and repealing the Casino Control Ordinance 1988. Simultaneously, the Applied Laws (Implementation) Amendment Ordinance 2005 (No. 1) focuses on the Cocos (Keeling) Islands, amending the Applied Laws (Implementation) Ordinance 1992 to apply the Gaming and Wagering Commission Act 1987 (WA). Both Ordinances were enacted to ensure a uniform approach to the regulation of gambling activities across the Territories, aligning them with Western Australian law and effectively prohibiting casino operations. These legislative instruments commenced on the day after their registration on the Federal Register of Legislative Instruments, serving as legislative instruments for the purposes of 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) apply to the Territories of Christmas Island and the Cocos (Keeling) Islands respectively. These Ordinances were enacted to prohibit casino operations within these territories, aligning the regulation of gambling with that of Western Australia by applying the Gaming and Wagering Commission Act 1987 (WA) to these areas. These Ordinances effectively repeal the Casino Control Ordinance 1988, which previously regulated casino operations on Christmas Island. The application of these 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. The legislative authority for these Ordinances is derived from subsection 9(1) of the Christmas Island Act 1958 and subsection 12(1) of the Cocos (Keeling) Islands Act 1955, empowering the Governor-General to make Ordinances for the peace, order, and good governance of these territories.

Key Provisions

The main operative sections of the Casino Legislation Ordinance 2005 (No. 1) and the Applied Laws (Implementation) Amendment Ordinance 2005 (No. 1) (collectively referred to as the "Ordinances") serve to prohibit casino operations within the Territories of Christmas Island and the Cocos (Keeling) Islands. Specifically, section 3 of the Casino Legislation Ordinance 2005 (No. 1) repeals the Casino Control Ordinance 1988, which had previously regulated casino operations on Christmas Island, while section 3 of the Applied Laws (Implementation) Amendment Ordinance 2005 (No. 1) amends the Applied Laws (Implementation) Ordinance 1992 to apply the Gaming and Wagering Commission Act 1987 (WA) to the Cocos (Keeling) Islands. This application of the Western Australian legislation effectively prohibits the operation of casinos in both Territories. These Ordinances were enacted in response to the Government's decision to prohibit casino operations in the Territories to mitigate the negative effects of problem gambling and to safeguard social welfare. The obligations and requirements imposed by these Ordinances primarily pertain to the cessation of any casino operations within the Territories. The Casino Legislation Ordinance 2005 (No. 1) and the Applied Laws (Implementation) Amendment Ordinance 2005 (No. 1) ensure that any existing or proposed casino operations are brought into compliance with the prohibition by repealing previous legislation and applying relevant Western Australian laws. Entities or individuals intending to operate or continue casino operations in the Territories are required to cease such activities immediately upon the commencement of these Ordinances. The Ordinances also mandate adherence to the provisions of the Gaming and Wagering Commission Act 1987 (WA) as applied to the Territories, which includes compliance with licensing requirements, operational standards, and other regulatory measures pertaining to gaming activities. Breaches of these Ordinances, which effectively prohibit casino operations in the Territories, can lead to significant civil and criminal consequences. Under the Gaming and Wagering Commission Act 1987 (WA), as applied to the Territories, unauthorised casino operations can result in fines and other penalties as prescribed by the Act. The maximum penalties for operating a common gaming house, such as a casino, can include substantial fines and potential imprisonment. Specifically, the Act stipulates that an individual can be fined up to $50,000, and a body corporate can be fined up to $250,000. Furthermore, in addition to financial penalties, those found in breach of these provisions may also face criminal charges, leading to further legal repercussions. The application of these penalties underscores the seriousness with which the Australian Government views the prohibition of casino operations in the Territories and aims to deter any attempts to circumvent the legislative measures in place.