Australian Capital Territory Repealed Acts

This legislation has been repealed.

AUSTRALIAN CAPITAL TERRITORY GAMING AND LIQUOR AUTHORITY ACT 1987

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      This Act may be cited as the Australian Capital Territory Gaming and Liquor Authority Act 1987.1  
   2.      This Act shall come into operation on such date as is fixed by the Minister of State for Territories by notice in the Gazette.1  
   3.      In this Act, unless the contrary intention appears:“Authority” means the Australian Capital Territory Gaming and Liquor Authority established by section 4; “Betting Act” means the Betting (Totalizator Agency) Act 1964; “deputy senior member” means the deputy senior member of the Authority; “gaming machine” has the same meaning as in the Gaming Machine Act; “Gaming Machine Act” means the Gaming Machine Act 1987; “Government Law Office” means the unit of the Public Service designated by that title; “Liquor Act” means the Liquor Act 1975; “member” means a member of the Authority; “race” has the same meaning as in the Betting Act; “senior member” means the senior member of the Authority; “totalizator betting” has the same meaning as in the Betting Act.  

   PART II--ESTABLISHMENT, FUNCTIONS AND POWERS OF AUTHORITY

   4.      (1) There is established by this Act an Authority by the name of the Australian Capital Territory Gaming and Liquor Authority.  
   5.      (1) The functions of the Authority are:  
   6.      In addition to any other power conferred on it by this or another Act, the Authority has power to do all things necessary or convenient to be done in connection with, or incidental to, the performance of its functions and duties.  
   7.      (1) In the exercise of its powers and in the performance of its functions the Authority is subject to the directions of the Minister.  
   8.      (1) The Authority may, either generally or as otherwise provided by the instrument of delegation, by writing under its common seal, delegate to a member of the staff of the Authority or to a public servant all or any of its powers under this or another Act, other than this power of delegation.  

   PART III--CONSTITUTION AND MEETINGS OF AUTHORITY

   9.      (1) The Authority shall consist of 5 members, namely:  
   10.     Subject to this Act, a member holds office for such period, not exceeding 5 years, as is specified in the instrument of appointment, but is eligible for re-appointment.  
   11.     (1) The Minister may appoint a person to act as the senior member:  
   12.     (1) Where the senior member is appointed as a full-time member, the Minister may grant leave of absence to the senior member upon such terms and conditions as to remuneration or otherwise as the Minister determines.  
   13.     A member may resign his or her office by writing signed by the member and delivered to the Minister.  
   14.     (1) A member shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration is in force, a member shall be paid such remuneration as is prescribed.  
   15.     (1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Authority shall, as soon as practicable after the relevant facts have come to the member's knowledge, disclose the nature of his or her interest at a meeting of the Authority.  
   16.     (1) The Authority shall hold such meetings as are necessary for the efficient performance of its functions.  

   PART IV--STAFF

   17.     (1) The Authority shall appoint a person to be the Chief Executive of the Authority.  
   18.     (1) Subject to subsection (2), the staff required to assist the Authority in the performance of its functions shall be public servants.  

   PART V--FINANCE

   19.     (1) The capital of the Authority is the aggregate of:  
   20.     (1) The Authority may, subject to Part VII of the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth, borrow money.  
   21.     (1) The Authority shall not, except with the approval of the Minister, enter into a contract involving the payment or receipt by the Authority of an amount exceeding $100,000 or such other amount as is prescribed.  
   22.     The Authority shall:  
   22A.    22A. For the purposes of subsection 87 (2) of the Audit Act 1989, the Authority is declared to be a public authority to which Divisions 1 and 2 of Part IX of that Act apply.  
   22B.    22B. The Authority shall pay into separate bank accounts, opened under subsection 89 (1) of the Audit Act 1989, moneys received—  
   22C.    22C. (1) The Authority shall, within 1 month after the day on which this section commences, submit to the Minister, for presentation to the Legislative Assembly, an audited financial statement of its operations for the period commencing on 1 July 1988 and ending at the expiration of 30 June 1989.  

   PART VI--MISCELLANEOUS

   23.     The Authority shall:  
   24.     The Executive may make regulations, not inconsistent with this Act, prescribing matters:  

   PART VII--TRANSITIONAL

   25.     In this Part:“commencement date” means the date of commencement of this Act; “former Authority” means the Australian Capital Territory Gaming and Liquor Authority established by section 4 of the Act; “the Act” means the Australian Capital Territory Gaming and Liquor Authority Act 1981.  
   26.     (1) A person who, immediately before the commencement date, was employed, or was, by virtue of subsection 31 (2) of the Act, to be deemed to have been employed, by the former Authority shall, on and from the commencement date, be deemed to be engaged by the Authority under subsection 18 (2) and shall be deemed to be so engaged on the same terms and conditions as the terms and conditions on which the person was employed, or was to be deemed to have been employed, immediately before the commencement date.  
   27.     On the commencement date:  
   28.     (1) A contract, agreement or arrangement entered into by the former Authority as a party and in force immediately before the commencement date continues in force and has effect, on and after that date, as if:  
   29.     A reference in any instrument made, granted or issued before the commencement date and in force immediately before that date:  
   30.     An act or thing done by or on behalf of the former Authority before the commencement date or that is, by virtue of section 37 of the Act, to be deemed to have been done by or on behalf of the former Authority shall, for the purposes of the operation after the commencement date of:  
   31.     (1) Where, before the commencement date, a cause of action by or against the former Authority had arisen but proceedings in respect of that cause of action had not been instituted before that date, proceedings in respect of that cause of action may be instituted by or against the Authority.  
   32.     Where, by reason of the operation of section 27, any interest in land situated in the Territory becomes vested in the Authority, the Minister may lodge with the Registrar of Titles a notice, signed by the Minister, stating that that interest in land is vested in the Authority by virtue of the operation of section 27 and the Registrar shall make such entries in the relevant registers kept by the Registrar, and do such other things, as are necessary to reflect the operation of section 27 in relation to that interest in land.  
           ENDNOTES