Overview

The Norfolk Island Gaming Machines Act 1986, Act No 23 of 1986, was enacted to address the issue of the importation and possession of gaming machines within Norfolk Island. This legislation was introduced by the Legislative Assembly of Norfolk Island with the clear policy objective of prohibiting the importation of gaming machines into the island and enforcing strict penalties for those who contravene these provisions. The Act specifically defines gaming machines and the act of importing them into Norfolk Island, alongside establishing the consequences for possession of such machines. Additionally, the Act stipulates that officers of a body corporate, including directors, secretaries, executive officers, managers, and employees, are held accountable if they are knowingly involved in activities that breach the Act's provisions. The Administrator is granted the authority to make regulations consistent with the Act to further enforce its provisions.

Scope and Application

The Norfolk Island Gaming Machines Act 1986 applies to the importation of gaming machines into Norfolk Island, prohibiting any person from importing such machines into the island. This prohibition extends to any part of a gaming machine or a prescribed apparatus that is intended for playing games of chance. The act also imposes penalties for contravening these provisions, including a fine of five penalty units for both the act of importing and possessing a gaming machine that has been imported into Norfolk Island against the law. In the event of a body corporate being found in breach of the act, any officer who is knowingly involved in the offence can also be held guilty. The act's jurisdiction is limited to Norfolk Island and it does not specify exclusions, exemptions, or thresholds. The act allows for the creation of regulations by the Administrator, which must not contradict the act and are necessary for its effective implementation. The act's commencement date is determined by the Administrator via a notice in the Gazette.

Key Provisions

The Norfolk Island Gaming Machines Act 1986 (Act No 23 of 1986) establishes stringent regulations concerning the importation and possession of gaming machines within Norfolk Island. The Act's key provisions are outlined in sections 4 and 5, which detail the prohibitions and associated penalties. Section 4(1) explicitly states that no person shall import a gaming machine into Norfolk Island. Contravention of this prohibition results in a penalty of 5 penalty units, as stated in section 4(1). Furthermore, any gaming machine imported in breach of this section is forfeited to the Administration (section 4(2)). Additionally, if an individual is found to be in possession of a gaming machine that has been imported illegally, they are also committing an offence, with the same penalty of 5 penalty units applicable (sections 4(3) and 4(4)). The Act imposes specific obligations on both individuals and corporate entities. Individuals are prohibited from importing gaming machines into Norfolk Island, and if they do, they face a penalty. Similarly, possessing an illegally imported gaming machine also incurs the same penalty. For corporate entities, section 5(1) of the Act holds officers, including directors, secretaries, executive officers, managers, or employees, accountable for any offence committed by the corporation. If an officer is knowingly involved in any act or omission that constitutes an offence under the Act, they are also considered guilty of that offence (section 5(1)). This provision ensures that corporate entities cannot shield their officers from liability in cases of regulatory breaches. Breaches of the Norfolk Island Gaming Machines Act 1986 carry specific consequences, as outlined in sections 4 and 5. The primary penalty for contravening the importation ban is a fine of 5 penalty units (section 4(1)). Furthermore, any gaming machine imported in breach of the Act is forfeited to the Administration (section 4(2)). Individuals found in possession of such a machine also face the same penalty (section 4(3)). For corporate entities, the penalties extend to officers who are knowingly involved in the offence, making them jointly liable. This dual approach ensures both individuals and corporate entities are held accountable for any violations, thereby enforcing the Act's provisions effectively.