Commonwealth legislation

Gaming Supervision Direction 2016

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legislative instrument

Plain English Summary

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This Direction limits the Norfolk Island Gaming Authority’s ability to grant, renew, vary, transfer or assign gaming and betting licences and requires prior approval from the Commonwealth Minister (or a delegate) for several actions. It also bars destruction of relevant records and requires cooperation with external audits. Licence applicants, existing licence-holders, the Authority and its Director face increased approval, record-keeping and compliance burdens because decision-making on key licensing steps is shifted to the Commonwealth Minister or a delegate.

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Gaming Supervision Direction 2016

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Gaming Supervision Direction 2016

I, ROBYN FLEMING, a delegate of the Commonwealth Minister for the purposes of section 25 of the Gaming Supervision Act 1998 (NI), give this direction under subsection 25(1) of that Act.

Dated 6 April 2016

ROBYN FLEMING
Executive Director, Local Government and Territories

1 Name of Instrument

This instrument is the Gaming Supervision Direction 2016.

2 Commencement

This instrument commences on the day it is registered.

3 Definitions

In this instrument:

Authority means the Norfolk Island Gaming Authority, established under section 5 of the Gaming Supervision Act.

BBE Act means the Bookmakers and Betting Exchange Act 1998 (NI).

Commonwealth Minister has the same meaning as in the Gaming Supervision Act.

Delegate of the Commonwealth Minister means a delegate for the purposes of section 25 of the Gaming Supervision Act.

Director means the Director of Gaming appointed under paragraph 15(1)(a) of the Gaming Supervision Act.

Gaming Act means the Gaming Act 1998 (NI).

Gaming Supervision Act means the Gaming Supervision Act 1998 (NI).

4 Direction to the Authority about the performance of certain functions and duties under the Gaming Act

I direct that, from the commencement of this Direction:

(a) the Authority must not grant a licence under section 7 or subsection 28D(1) of the Gaming Act;
(b) the Authority must not enter into an agreement under section 28C(1) of the Gaming Act and must not carry out negotiations for the purpose of entering into such an agreement;
(c) the Authority must not deal with or grant any application for renewal of a licence made under section 8 of the Gaming Act;
(d) the Authority must not vary a licence under section 10 of the Gaming Act without prior approval from the Commonwealth Minister or a delegate of the Commonwealth Minister;
(e) the Authority must not approve the transfer of a licence under section 11 of the Gaming Act without prior approval from the Commonwealth Minister or a delegate of the Commonwealth Minister;
(f) the authority must not assign a licence under section 28J of the Gaming Act without prior approval from the Commonwealth Minister or a delegate of the Commonwealth Minister;

(g) the Authority must not destroy or dispose of any item of correspondence or other document, electronic or otherwise, that is held by the Authority or the Director at or after the commencement of this Direction, and that is relevant to the functions of the Authority or Director under the Gaming Act;
(h) the Authority must exercise its power under section 15(5) of the Gaming Supervision Act to direct the Director in a manner which ensures that effect is given to the directions given by this section.

5 Direction to the Authority about the performance of certain functions and duties under the BBE Act

I direct that, from the commencement of this Direction:

(a) the Authority must not grant a licence under section 8 of the BBE Act;
(b) the Authority must not deal with or grant any application for renewal of a licence made under section 9 of the BBE Act;
(c) the Authority must not vary a licence under section 11 of the BBE Act without prior approval from the Commonwealth Minister or a delegate of the Commonwealth Minister;
(d) the Authority must not approve the transfer of a licence under section 12 of the BBE Act without prior approval from the Commonwealth Minister or a delegate of the Commonwealth Minister;
(e) the Authority must not destroy or dispose of any item of correspondence or other document, electronic or otherwise, that is held by the Authority or the Director at or after the commencement of this Direction, and that is relevant to the functions of the Authority or Director under the BBE Act;
(f) the Authority must exercise its power under section 15(5) of the Gaming Supervision Act to direct the Director in a manner which ensures that effect is given to the directions given by this section.

6 Direction to the Authority about the performance of certain functions and duties under the Gaming Supervision Act

I direct that, from the commencement of this Direction:

(a) if an external audit of the operations of the Authority or the Director has been arranged, the Authority must cooperate with the external auditor and provide any information, assistance or resources requested by that auditor, within the timeframe (if any) specified by that auditor;
(b) the Authority must exercise its power under section 15(5) of the Gaming Supervision Act to direct the Director in a manner which ensures that effect is given to the directions given by this section.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Gaming Supervision Direction 2016

Gaming Supervision Direction 2016

I, ROBYN FLEMING, a delegate of the Commonwealth Minister for the purposes of section 25 of the Gaming Supervision Act 1998 (NI), give this direction under subsection 25(1) of that Act.

Dated 6 April 2016

ROBYN FLEMING
Executive Director, Local Government and Territories

1 Name of Instrument

This instrument is the Gaming Supervision Direction 2016.

2 Commencement

This instrument commences on the day it is registered.

3 Definitions

In this instrument:

Authority means the Norfolk Island Gaming Authority, established under section 5 of the Gaming Supervision Act.

BBE Act means the Bookmakers and Betting Exchange Act 1998 (NI).

Commonwealth Minister has the same meaning as in the Gaming Supervision Act.

Delegate of the Commonwealth Minister means a delegate for the purposes of section 25 of the Gaming Supervision Act.

Director means the Director of Gaming appointed under paragraph 15(1)(a) of the Gaming Supervision Act.

Gaming Act means the Gaming Act 1998 (NI).

Gaming Supervision Act means the Gaming Supervision Act 1998 (NI).

4 Direction to the Authority about the performance of certain functions and duties under the Gaming Act

I direct that, from the commencement of this Direction:

(a) the Authority must not grant a licence under section 7 or subsection 28D(1) of the Gaming Act;
(b) the Authority must not enter into an agreement under section 28C(1) of the Gaming Act and must not carry out negotiations for the purpose of entering into such an agreement;
(c) the Authority must not deal with or grant any application for renewal of a licence made under section 8 of the Gaming Act;
(d) the Authority must not vary a licence under section 10 of the Gaming Act without prior approval from the Commonwealth Minister or a delegate of the Commonwealth Minister;
(e) the Authority must not approve the transfer of a licence under section 11 of the Gaming Act without prior approval from the Commonwealth Minister or a delegate of the Commonwealth Minister;
(f) the authority must not assign a licence under section 28J of the Gaming Act without prior approval from the Commonwealth Minister or a delegate of the Commonwealth Minister;

(g) the Authority must not destroy or dispose of any item of correspondence or other document, electronic or otherwise, that is held by the Authority or the Director at or after the commencement of this Direction, and that is relevant to the functions of the Authority or Director under the Gaming Act;
(h) the Authority must exercise its power under section 15(5) of the Gaming Supervision Act to direct the Director in a manner which ensures that effect is given to the directions given by this section.