EXPLANATORY STATEMENT
Select Legislative Instrument No. , 2017
Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017
Issued by the Authority of the Minister for Local Government and Territories
Norfolk Island Continued Laws Ordinance 2015
Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017
Legislative Authority
Section 6 of the Norfolk Island Continued Laws Ordinance 2015 provides the Minister for Local Government and Territories with the power to make the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017 (the Rules).
The Rules
The Rules abolish the three positions of member of the Norfolk Island Gaming Authority (NIGA) and reserve all of the NIGA’s powers to the Minister for Local Government and Territories.
Purpose of the Rules
The Rules are to facilitate the orderly end to the regulation of gaming by the NIGA.
Consultation
The current members of the NIGA have been consulted and agree with this process.
No Regulation Impact Statement required
The Rules do not require a Regulation Impact Statement as they have a minor regulatory impact.
Commencement of the Rules
The Rules will commence on 1 April 2017.
Details of the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017
Section 1 – Name of section
This section outlines the name of the instrument. The name of the instrument is the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.
Section 2 – Commencement
This section specifies the commencement date of the instrument will be immediately after the commencement of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017, which is 1 April 2017.
Section 3 – Authority
This section identifies that the authority for making this instrument derives from Section 6 of the Norfolk Island Continued Laws Ordinance 2015.
Section 4 – Schedules
This section states each instrument specified in a Schedule is amended or repealed as set out in the Schedule concerned and any other item in a Schedule has effect according to its terms.
Schedule 1 – Amendments
Part 1 – Amendment to the Gaming Supervision Act 1998 (Norfolk Island)
Norfolk Island Continued Laws Ordinance 2015
Item 1
This item inserts items 101 to 101N into the Norfolk Island Continued Laws Ordinance 2015 with the effect of amending the Gaming Supervision Act 1998.
Items 101 and 101A
These items remove the definitions of Director and presiding member from section 4 of the Act.
Item 101B
This item removes provisions no longer necessary for the operation of the Norfolk Island Gaming Authority (NIGA) relating to conditions of membership, meetings, conflict of interest and secretariat. The item also inserts a new section 6 which provides the Minister with the powers and functions of the NIGA from 1 April 2017.
Item 101C
This item removes the redundant function of the NIGA to advise the Minister.
101D
This item allows the Authority to direct an authorised officer in the exercise of the powers and functions conferred on him or her. Because of item 101B all powers of the Authority, including this one, can be exercised by the responsible Commonwealth Minister.
Items 101E and 101F
These items remove the redundant references to a member of the NIGA.
Item 101G
This item repeals section 14, a power for NIGA to engage consultants. This provision is no longer required as the Minister may utilise staff of the responsible department or engage consultants in their own right.
Items 101H
This item removes the redundant term Director from the heading Director and Authorised Officers because the position of director of the Authority is repealed by item 101B.
Item 101J
This item repeals redundant powers of the Director contained in section 15. These powers are no longer required because they are subordinate to powers the Minister can exercise because of item 101B.
Items 101K to 101N
These items remove the redundant terms: A member of the Authority, the Director of Gaming and, the Deputy Director of Gaming where found in sections 22, 23 and 26.
Part 2 – Amendment to the Bookmakers and Betting Exchange Act 1998 (Norfolk Island)
Norfolk Island Continued Laws Ordinance 2015
Item 2
This item inserts item 23AAA into the Norfolk Island Continued Laws Ordinance 2015 with the effect of amending the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) to remove a reference to Director and Deputy Director of gaming.
Item 23AAA
This item removes the definitions of the Director of Gaming and the Deputy Director of Gaming.
Item 3
This item inserts items 24ADA and 24ADB into the Norfolk Island Continued Laws Ordinance 2015 with the effect of amending the Bookmakers and Betting Exchange Act 1998 (Norfolk Island).
Item 24ADA
This item removes the definitions of the Director of Gaming and the Deputy Director of Gaming wherever they appear in section 41.
Item 24ADB
This item removes the redundant right of appeal against a decision of the Director. As the position of Director will no longer exist there will be no need for a provision to allow an appeal against their decisions. This amendment does not remove appeal rights overall as the appeal rights against the Authority are unchanged as they are preserved by the transitional provisions contained in part 4 at item 7 in item 361.
Part 3 – Amendment of the Gaming Act 1998 (Norfolk Island)
Norfolk Island Continued Laws Ordinance 2015.
Item 4
This item inserts item 99AAA into the Norfolk Island Continued Laws Ordinance 2015 with the effect of amending the Gaming Act 1998 (Norfolk Island).
Item 99AAA
This item removes the definition of the Director from subsection 4(1)
Item 5
This item inserts Item 100DA.
Item 100DA
This item removes the term Director from paragraph 28F(2)(d).
Item 6
This item inserts items 100EA to 100EG
Items 100EA – 100ED
These items remove the term Director from the heading of section 28Q and where it appears in that section.
Item EF
This item removes the terms: a member of the Authority, the Director of Gaming and, the Deputy Director of Gaming wherever they appear in section 39.
Item EG
This item repeals section 41, review of a decision of Director. As outlined in relation to item 24ADB, appeal rights against a decision of the Authority are unaffected by this Rule as they are preserved by the transitional provisions contained in part 4 at item 7 in item 361.
Part 4 – Transitional Provisions
Norfolk Island Continued Laws Ordinance 2015
Item 7
This item inserts transitional provisions into the Norfolk Island Continued Laws Ordinance 2015 for the operation of Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017. The transitional provisions are contained in items 359 to 362.
Item 359
This item provides definitions for this Division.
Item 360
This item provides provisions for dealing with certain instruments made in relation to the Director prior to the abolition of the position. Sub-item 2 provides that the Minister may determine this item does not apply to a particular instrument
Item 361
This item provides that despite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) those sections continue to apply in relation to decisions made by the Director before the commencement time.
Item 362
This item continues the restriction on employment applying to former members of the NIGA following the abolition of the positions.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
This Legislative Instrument abolishes the three positions of member of the Norfolk Island Gaming Authority (the NIGA) and reserves appropriate powers to the Minister for Local Government and Territories to assist in an orderly transition to the final abolition of the NIGA and will commence from 1 April 2017.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Senator the Hon Fiona Nash, Minister for Local Government and Territories