TERRITORY OF CHRISTMAS ISLAND
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Gambling (Clubs) (Amendment) Ordinance 1992
No. 2 of 1992
I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance under the Christmas Island Act 1958.
Dated 30 June 1992.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
WENDY FATIN
Minister of State for the Arts and Territories
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An Ordinance to amend the Gambling (Clubs) Ordinance 1978
1. Short Title
1.1 This Ordinance may be cited as the Gambling (Clubs) (Amendment) Ordinance 1992.1
2. Commencement
2.1 This Ordinance commences on 1 July 1992.
3. Amendment
3.1 The Gambling (Clubs) Ordinance 1978 2 is amended as set out in this Ordinance.
4. Section 2 (Interpretation)
4.1 Subsection 2(1) (definition of “club”):
Omit the definition, substitute:
“club” means an association that is, or is taken to be, incorporated under the Associations Incorporation Act 1987 (W.A.)(C.I.);
5. Section 3 (Application for Licence)
5.1 Subparagraph 3 (1)(d)(i):
Omit “Associations Incorporation Ordinance 1976”, substitute “Associations Incorporation Act 1987 (W.A.) (C.I.)”.
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NOTES
1. Notified in the Commonwealth of Australia Gazette on 30 June 1992.
2. No. 8, 1978.
Overview
The Gambling (Clubs) (Amendment) Ordinance 1992 was enacted to update the Gambling (Clubs) Ordinance 1978 to reflect changes in the legal landscape regarding the incorporation of associations. The Governor-General, acting on advice from the Federal Executive Council, made this Ordinance under the authority of the Christmas Island Act 1958. The primary aim of the amendment was to align the definition of "club" with the modern legal framework by incorporating the Associations Incorporation Act 1987 (W.A.) (C.I.) into the legislation. This change ensures that the definition of a club for gambling purposes on Christmas Island is consistent with contemporary incorporation laws, thereby providing clarity and legal certainty for entities seeking to operate gambling clubs on the island.
Scope and Application
The Gambling (Clubs) (Amendment) Ordinance 1992 applies to gambling clubs operating within the Territory of Christmas Island and modifies the existing Gambling (Clubs) Ordinance 1978. This amendment specifically targets the interpretation and application for a licence concerning these clubs. It applies to any associations incorporated under the Associations Incorporation Act 1987 (W.A.) (C.I.), effectively replacing the previous reference to the Associations Incorporation Ordinance 1976 with the newer act. The Ordinance came into effect on 1 July 1992, ensuring that any gambling clubs on Christmas Island must adhere to the updated legal framework for their operations. The scope of this legislation is limited to the regulation of gambling clubs within the territory, and it does not extend beyond these parameters unless further specified through subordinate instruments.
Key Provisions
The Gambling (Clubs) (Amendment) Ordinance 1992 primarily serves to update and refine the legislative framework governing gambling clubs on Christmas Island. Section 1 establishes that this Ordinance may be cited as the Gambling (Clubs) (Amendment) Ordinance 1992, which came into effect on 1 July 1992. The core amendments are outlined in Section 3, which adjusts the definition of "club" in Section 2 to align with the Associations Incorporation Act 1987 (W.A.) (C.I.), replacing the outdated reference to the Associations Incorporation Ordinance 1976. This change ensures that the legal definition of a gambling club is consistent with current incorporation laws.
The Ordinance imposes specific obligations on entities seeking to operate gambling clubs on Christmas Island. Under Section 3, any applicant for a gambling club licence must now adhere to the criteria set forth in the Associations Incorporation Act 1987 (W.A.) (C.I.), rather than the older legislation. This amendment ensures that the legal status and governance of gambling clubs are in line with contemporary legal standards. The amendment also mandates that these clubs must be incorporated under the specified act, thereby clarifying the legal framework within which they must operate.
Failure to comply with the provisions of this Ordinance can result in significant legal consequences. While the Ordinance does not explicitly detail penalties for non-compliance, breaches of the Gambling (Clubs) Ordinance 1978, as amended, could lead to enforcement actions under the original legislation. These actions may include fines, revocation of licences, or other penalties as prescribed by the primary Act. It is imperative for gambling clubs to ensure they meet the updated requirements to avoid any adverse legal repercussions.