Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2017L00367 Rules Not in force Legislative Instrument

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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This section states each instrument specified in a Schedule is amended or repealed as set out in the Schedule concerned and any other item in a Schedule has effect according to its terms.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

Overview

The Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017 were enacted to facilitate the orderly end to the regulation of gaming on Norfolk Island by the Norfolk Island Gaming Authority (NIGA). Issued by the Authority of the Minister for Local Government and Territories, these rules derive their legislative power from Section 6 of the Norfolk Island Continued Laws Ordinance 2015. The primary objective of the Rules is to abolish the three positions within the NIGA and transfer all of its powers to the Minister for Local Government and Territories, thereby ensuring a smooth transition. The current NIGA members were consulted and agreed with this process. The Rules were designed to have a minor regulatory impact and did not require a Regulation Impact Statement. They came into effect on 1 April 2017. According to the Statement of Compatibility with Human Rights, this legislative instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Scope and Application

The Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017, issued under the authority of the Minister for Local Government and Territories, marks a significant restructuring of the regulatory framework governing gaming on Norfolk Island. These rules, which come into effect on 1 April 2017, are designed to facilitate the orderly end to the regulation of gaming by the Norfolk Island Gaming Authority (NIGA). The Rules achieve this by abolishing the three positions of member of the NIGA and transferring all of the NIGA’s powers to the Minister for Local Government and Territories. This legislative change consolidates authority under the Minister, ensuring a streamlined approach to gaming regulation on the island. The changes are comprehensive, removing references to the Director and Deputy Director of Gaming and repealing provisions related to the NIGA’s functions, membership, and meetings. Transitional provisions ensure that decisions made by the Director prior to the abolition of the position remain valid, and employment restrictions for former NIGA members are continued to maintain regulatory integrity. This legislative instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017, under section 6 of the Norfolk Island Continued Laws Ordinance 2015, primarily serve to dissolve the Norfolk Island Gaming Authority (NIGA) by abolishing the three positions of its members and transferring all the NIGA's powers to the Minister for Local Government and Territories. This transition is intended to facilitate the cessation of gaming regulation by the NIGA. The Rules are designed to ensure a smooth end to the NIGA’s regulatory role and are set to commence on 1 April 2017, immediately following the commencement of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017. The Rules impose specific obligations on the Minister for Local Government and Territories. They require the Minister to assume the powers and functions previously held by the NIGA members, thereby ensuring continuity in the regulation of gaming activities on Norfolk Island. The Minister is also tasked with managing the transition in a manner that preserves existing appeal rights and maintains the integrity of the regulatory framework. Furthermore, the Minister must ensure that the necessary transitional provisions are adhered to, particularly in handling instruments made in relation to the Director before the abolition of the position. Any breaches of the Rules may lead to various consequences, though specific offences, penalties, or consequences are not explicitly detailed in the provided text. However, the overarching regulatory framework within which these Rules operate could imply that non-compliance could result in civil or criminal penalties, depending on the severity and nature of the breach. The exact penalties would be determined by the relevant legislative provisions governing the conduct of the Minister and the administrative actions taken under these Rules. The Rules do not require a Regulation Impact Statement as they have a minor regulatory impact, which suggests that the transition is expected to be straightforward and minimally disruptive. The Rules also explicitly state that they are compatible with human rights, as they do not engage any of the applicable rights or freedoms, thereby ensuring that the transition does not infringe upon any recognised human rights.

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