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Western Australian from time to time are in force in the Territory and that those laws may be incorporated, amended or repealed by an Ordinance or a law made under an Ordinance.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 In former regulation 3 the description of Tattersall’s Sweeps Pty Ltd is described by reference to repealed Victorian legislation, and accordingly needed to be amended.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.
Overview
The Christmas Island Act 1958 was enacted to establish the legislative framework for the administration of Christmas Island, providing the Governor-General with the authority to create Ordinances for the island's peace, order, and good governance. This Act facilitates the incorporation, amendment, or repeal of Western Australian laws within the territory, and it vests certain powers in the Minister, enabling them to make or amend regulations under applied Western Australian laws. The Lotteries Commission (Designated Authorities) Amendment Regulations 2005 (No.1) were introduced to address inaccuracies in the description of designated authorities for conducting lotteries on the island. These Regulations amend the Lotteries Commission (Designated Authorities) Regulations 1998 (WA) to correctly identify the entities authorised by the Commonwealth for this purpose, specifically Tattersall’s Sweeps Pty Ltd and Footy Consortium Pty Ltd, thereby ensuring compliance with current legislative references and access to specific lottery games.
The Regulations were issued under the authority of the Minister for Local Government, Territories and Roads and aim to rectify the description of the designated authorities in the applied Lotteries Regulations, reflecting the current legal framework and operational needs of the Territory. No specific conditions are outlined in the Act for exercising the powers within these Regulations, which simply amend the existing descriptions to align with current legislative references and operational requirements.
Scope and Application
The Christmas Island Act 1958 pertains specifically to the governance of Christmas Island, a territory under Australian administration. Under the Act, the Governor-General has the authority to enact Ordinances for the island, ensuring its peace, order, and good government. The Act also incorporates Western Australian laws into the Territory's legal framework, with provisions allowing for the amendment or repeal of these laws through Ordinances. The Minister, exercising powers vested by Western Australian laws, can also make or amend regulations under these applied laws. This jurisdictional integration is detailed in the Act's Section 8G, which transfers relevant powers from Western Australian authorities to the Minister.
The Lotteries Commission (Designated Authorities) Amendment Regulations 2005 (No.1) further refine the application of Western Australian laws to the Territory by amending the Lotteries Commission (Designated Authorities) Regulations 1998 (WA) (CI). These regulations correct the designation of authorities allowed to conduct lotteries in the Territory, specifying Tattersall’s Sweeps Pty Ltd and Footy Consortium Pty Ltd as the entities authorised for this purpose. The amendments ensure that the descriptions of these authorities are accurate and reflective of current legal standards, thereby maintaining the integrity and legality of lottery operations on Christmas Island. The Regulations come into effect on the day after their registration and do not stipulate any conditions for exercising the powers provided.
Key Provisions
The primary operative sections of the Christmas Island Act 1958 (hereafter referred to as the "Act") provide for the governance of Christmas Island through Ordinances made by the Governor-General. Section 8A of the Act incorporates Western Australian laws into the Territory's legal framework, allowing these laws to be amended or repealed by Ordinance or laws made under an Ordinance. Section 8G of the Act transfers the powers vested in Western Australian authorities by these applied laws to the Minister, enabling the Minister to make or amend regulations under these laws. The Lotteries Commission (Designated Authorities) Amendment Regulations 2005 (No.1) amends the Lotteries Commission (Designated Authorities) Regulations 1998 (WA) (CI) to correctly identify the designated authorities authorised by the Commonwealth to conduct lotteries in the Territory.
The Act imposes certain obligations and requirements on the parties governed by it. Specifically, Section 8A mandates that Western Australian laws in force at any given time are in effect in the Territory, while Section 8G vests in the Minister the powers of Western Australian authorities under these laws, enabling the Minister to make or amend regulations. The Regulations themselves require the accurate identification of designated authorities for lottery operations in the Territory, ensuring that Tattersall’s Sweeps Pty Ltd and Footy Consortium Pty Ltd are correctly designated. The Act does not specify any conditions that must be met before exercising the powers in the Regulations, leaving it to the discretion of the Minister to amend the applied Western Australian laws as necessary.
The Regulations do not explicitly state any offences, penalties, or consequences for breaches. However, the failure to correctly identify the designated authorities for conducting lotteries in the Territory could potentially lead to legal complications or the inability to legally conduct lottery activities. This could indirectly affect the operations of the designated authorities and the provision of lottery services in the Territory. As there are no stated penalties in the provided text, any breach would likely be subject to the broader legal consequences under the Christmas Island Act 1958 or other relevant legislation. The potential repercussions could include legal disputes or administrative actions to correct the designation of authorities, but the exact nature and severity of these consequences are not detailed in the provided excerpt.