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Explanatory Note
This explanatory note relates to this Bill as introduced into Parliament.
(a) The Act currently has a provision that requires the casino operator to
give the Casino Control Authority details of certain proposed
contracts involving the casino (termed "controlled contracts") before
entering into or becoming a party to such a contract or to a variation
of such a contract. The Authority has power to prevent a controlled
contract by objecting to it within 14 days after being notified of those
details. The Act will be amended to make it clear that the Authority
also has power to object to a proposed variation of such a contract and
that a failure to comply with the provision does not affect the validity
of a contract or variation.
(b)
The time that the Authority has to object to a proposed contract or
variation of contract will be increased from 14 to 28 days and the
Authority will be empowered to extend that time to up to 6 months if
the special circumstances of the case (such as the complexity of the
necessary investigations) makes it necessary or desirable and public
interest considerations justify the extension.
(c)
The casino operator will be required to pay a fee set by the regulations
when notifying the Authority of the details of a proposed controlled
contract or variation of controlled contract.
(d) The Act currently allows the Authority to arrange for the holding of
inquiries presided over by a member of the Authority. This will be
changed to allow the Authority to appoint any person to preside at
such an inquiry. The person presiding at an inquiry will be required to
report to the Authority on the results of the inquiry and will be subject
to the control and direction of the Authority with respect to the
matters to be inquired into, inquiry procedures, and reporting time.
(e)
The provision of the Act that required at least one member of the
Authority to have special legal qualifications was changed by the
Legal Profession Reform Act 1993 to abolish the distinction between
barristers and solicitors in terms of the length of experience that was
necessary to constitute special legal qualifications (5 years for
barristers and 7 years for solicitors). As a result of that change, the
requirement is now 7 years experience as a legal practitioner. Other
provisions of the Act require that the member of the Authority with
special legal qualifications be present at any meeting of the Authority
at which disciplinary action is taken. Those provisions will now be
amended to reflect the changes made by the Legal Profession Reform
Act 1993. A consequential amendment is made to the Defamation
Act 1974 to reflect the fact that, as a result of the proposed
amendment in paragraph (d), the person conducting an inquiry
established by the Authority may not be a member of the Authority.
Clause 2 provides that the proposed Act will commence on a day or days
to be appointed by proclamation.
Clause 3 is a formal provision that gives effect to the Schedule of
amendments to the Casino Control Act 1992.
Clause 4 makes the consequential amendment to the Defamation Act 1974
referred to in the above overview.
Explanatory note page 2
Schedule 1 Amendments
Schedule l [2] substitutes section 37 of the Act with 2 sections. New
section 37 re-enacts existing section 37 in so far as it applies to controlled
contracts and makes the changes referred to in paragraphs (a)-(c) of the
above overview. New section 37A re-enacts the existing provisions of
section 37 in so far as they apply to notifiable contracts (contracts that have
to be notified to the Authority within 14 days after they are made or varied).
Schedule 1 [ 1 ] and [3] make the amendments referred to in paragraph (e) of
the above overview.
Schedule 1 [4]-[8] make the amendments referred to in paragraph (d) of the
above overview.
Schedule 1 [9] and [10] enact consequential savings and transitional
provisions. Under those provisions, section 37 continues to apply in its
current form to contracts notified to the Authority before the substitution of
that section, and a savings and transitionaI regulation making power is
inserted.
Explanatory note page 3