EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Local Government, Territories and Roads
Subject- Christmas Island Act 1958
Lotteries Commission (Designated Authorities) Amendment Regulations 2005 (No.1)
Subsection 9(1) of the Christmas Island Act 1958 ("the Act") provides that the Governor-General may make Ordinances for the peace, order and good government of Christmas Island ("the Territory").
Section 8A of the Act provides that the provisions of the law of Western Australia as in force in Western Australian from time to time are in force in the Territory and that those laws may be incorporated, amended or repealed by an Ordinance or a law made under an Ordinance.
Section 8G of the Act provides that a power vested in a person or authority (other than a court officer or court) by a Western Australian law in force in the Territory is vested in the Minister. The power includes a power vested in the Governor or Governor-in-Council of Western Australia. Therefore the Minister may, exercising the power of the Governor, make or amend regulations under applied Western Australian laws.
The purpose of the Regulations is to amend the Lotteries Commission (Designated Authorities) Regulations 1998 (WA) (CI) ("the applied Lotteries Regulations") to correctly describe the designated authorities utilised by the Commonwealth to conduct lotteries in the Territory. The Act specifies no conditions that need to be met before the powers in the Regulations may be exercised. Details of the Regulations are as follows.
Regulation 1 – Name of Regulations
This regulation provides that the title of the Regulations is the Lotteries Commission (Designated Authorities) Amendment Regulations 2005 (No.1).
Regulation 2 - Commencement
This regulation provides that the Regulations commence on the day after they are registered.
Regulation 3 - Amendment
This regulation provides that the applied Lotteries Regulations (Designated Authorities) Regulations 1998 (WA) (CI) are amended as set out in the Schedule.
Schedule - Amendments
Item 1 – Regulation 3
This item amends regulation 3 so that the description of the designated authorities utilised by the Commonwealth to conduct lotteries in the Territory is correct. There are two designated authorities used by the Commonwealth, namely Tattersall’s Sweeps Pty Ltd and Footy Consortium Pty Ltd. In former regulation 3 the description of Tattersall’s Sweeps Pty Ltd is described by reference to repealed Victorian legislation, and accordingly needed to be amended. Further, while Tattersall’s Sweeps Pty Ltd conducts the bulk of lottery games Footy Consortium Pty Ltd is the entity licensed to conduct Footy Tipping Competitions under the Victoria Gambling Regulation Act 2003, so it is necessary to include Footy Consortium Pty Ltd in order to provide access to the game of Tatts TipStar.