Part 2Licensing of
casino
6One casino
only
Only one casino licence may be in force under
this Act at any particular time. A casino licence is to apply to one casino
only.
7Ministerial directions as to
requirements for casino
(1)
The Minister may from time to time give a
direction in writing to the Authority as to any of the following
matters:
(a)
the permissible location for a
casino,
(b)
the required size and style of a
casino,
(c)
the development required to take place in
conjunction with the establishment of a casino, such as the development of a
hotel or other complex of which a casino is to form part,
(d)
any other prescribed matter concerning the
establishment of a casino.
(2)
Before giving a direction on any matter to the
Authority, the Minister is to call for a report on the matter from the
Authority and is to consider the Authority’s
report.
(3)
A direction as to the permissible location for a
casino must not specify a particular site unless the site is vested in the
Crown or the Crown has the exclusive right of occupation of the
site.
(4)
The Minister may vary or revoke a direction by a
further direction in writing to the Authority.
(5)
The Authority must exercise its functions under
this Act in respect of the grant of a casino licence, the conduct of
negotiations and the entering into of agreements in a manner that is
consistent with the directions of the Minister under this
section.
8Gaming machines in
casino
(1)
Before directing the Authority to invite
expressions of interest under section 9, the Minister is to establish an
inquiry into the likely effect of the availability of gaming machines in a
casino on the operations and viability of the registered club and hotel
industries.
(2)
The Minister may then give a direction in writing
to the Authority as to whether or not and to what extent (if any) gaming
machines are to be available in a casino.
(3)
The Minister may vary or revoke a direction by a
further direction in writing to the Authority.
(4)
The Authority must exercise its functions so as
to give effect to a direction by the Minister under this
section.
(5)
In this section:
gaming
machine means a device that is designed:
(a)
for the playing of a game of chance or a game
that is partly a game of chance and partly a game requiring skill,
and
(b)
for paying out money or tokens or for registering
a right to an amount of money or money’s worth to be
paid.
s 8: Am 1997 No 137,
Sch 1 [1] [2].
9Authority may invite
expressions of interest
(1)
At the direction of the Minister, the Authority
is to publicly invite expressions of interest for the establishment and
operation of a casino and may provide information concerning the requirements
for the casino to any person who expresses interest.
(2)
The same information is to be provided to the
persons who express interest in a particular casino, so as not to advantage or
disadvantage any interested person.
(3)
The invitation must be in terms that are
consistent with any applicable directions of the Minister under section
7.
(4)
The invitation need not relate solely to the
establishment and operation of a casino but may also relate to any other
matter that the Authority considers relevant, such as the development of a
hotel or other complex of which the casino is to form
part.
(5)
The Authority is entitled to charge a fee for the
provision of information under this section and persons provided with
information are to be charged the same fee.
(6)
The Authority is not to invite expressions of
interest except at the direction of the Minister but the fact that the
Minister has directed that expressions of interest be invited does not
necessarily mean that the Minister will direct the Authority to invite
applications for a casino licence.
10Application for casino
licence
(1)
At the direction of the Minister, the Authority
is to publicly invite applications for a casino licence and must not invite
applications except at the direction of the Minister.
(2)
The invitation must be in terms that are
consistent with any applicable directions of the Minister under section
7.
(3)
A person is not entitled to make an application
for a casino licence unless and until the Authority invites applications and
is only entitled to make an application that conforms with the terms of the
Authority’s invitation.
(4)
Unless the Authority otherwise permits in a
particular case, an application must comply with the following
requirements:
(a)
it must be made in a form approved by the
Authority,
(b)
it must be accompanied by such fee as may be
determined by the Authority in respect of applications for the licence
concerned,
(c)
it must contain or be accompanied by such
information as the application form requires and such additional information
as the Authority may request.
(5)
An application must be verified by statutory
declaration.
(6)
The Authority may, at its discretion, refund the
whole or any part of an application fee if the application is not
successful.
11Matters to be considered in
determining applications
In considering an application for a casino
licence, the Authority is to have regard to the following matters:
(a)
the requirements of section 12 (Suitability of
applicant and close associates of applicant),
(b)
the standard and nature of the proposed casino,
and the facilities to be provided in, or in conjunction with, the proposed
casino,
(c)
the likely impact of the use of the premises
concerned as a casino on tourism, employment and economic development
generally in the place or region in which the premises are
located,
(d)
the expertise of the applicant, having regard to
the obligations of the holder of a casino licence under this
Act,
(e)
such other matters as the Authority considers
relevant.
12Suitability of applicant and
close associates of applicant
(1)
The Authority must not grant an application for a
casino licence unless satisfied that the applicant, and each close associate
of the applicant, is a suitable person to be concerned in or associated with
the management and operation of a casino.
(2)
For that purpose the Authority is to consider
whether:
(a)
each of those persons is of good repute, having
regard to character, honesty and integrity, and
(b)
each of those persons is of sound and stable
financial background, and
(c)
in the case of an applicant that is not a natural
person, it has or has arranged a satisfactory ownership, trust or corporate
structure, and
(d)
the applicant has or is able to obtain financial
resources that are both suitable and adequate for ensuring the financial
viability of the proposed casino, and
(e)
the applicant has or is able to obtain the
services of persons who have sufficient experience in the management and
operation of a casino, and
(f)
the applicant has sufficient business ability to
establish and maintain a successful casino, and
(g)
any of those persons has any business association
with any person, body or association who, in the opinion of the Authority, is
not of good repute having regard to character, honesty and integrity or has
undesirable or unsatisfactory financial sources, and
(h)
each director, partner, trustee, executive
officer and secretary and any other officer or person determined by the
Authority to be associated or connected with the ownership, administration or
management of the operations or business of the applicant or a close associate
of the applicant is a suitable person to act in that
capacity.
13Meaning of “close
associate”
(1)
For the purposes of this Act, a person is a
close
associate of an applicant for, or the holder of, a casino
licence if the person:
(a)
holds or will hold any relevant financial
interest, or is or will be entitled to exercise any relevant power (whether in
his or her own right or on behalf of any other person), in the casino business
of the licence applicant or holder, and by virtue of that interest or power is
or will be able (in the opinion of the Authority) to exercise a significant
influence over or with respect to the management or operation of that casino
business, or
(b)
holds or will hold any relevant position, whether
in his or her own right or on behalf of any other person, in the casino
business of the licence applicant or holder.
(2)
In this section:
relevant
financial interest means:
(a)
any share in the capital of the business,
or
(b)
any entitlement to receive any income derived
from the business, whether the entitlement arises at law or in equity or
otherwise.
relevant
position means the position of director, manager, and other
executive positions and secretary, however those positions are
designated.
relevant
power means any power, whether exercisable by voting or
otherwise and whether exercisable alone or in association with others:
(a)
to participate in any directorial, managerial or
executive decision, or
(b)
to elect or appoint any person to any relevant
position.
14Investigation of
application
(1)
On receiving an application for a casino licence
the Authority must carry out all such investigations and inquiries as it
considers necessary to enable it to consider the application
properly.
(2)
In particular, the Authority:
(a)
may require any person it is investigating in
relation to the person’s suitability to be concerned in or associated
with the management or operation of a casino to consent to having his or her
photograph, finger prints and palm prints taken, and
(b)
must refer to the Commissioner of Police details
of the persons the Authority is investigating, copies of any photographs,
finger prints and palm prints taken and any supporting information that the
Authority considers appropriate for referral to the
Commissioner.
(3)
The Commissioner of Police is to inquire into and
report to the Authority on such matters concerning the application as the
Authority may request.
(4)
The Authority may refuse to consider an
application for a casino licence while any person from whom it requires a
photograph, finger prints or palm prints under this section refuses to allow
his or her photograph, finger prints or palm prints to be
taken.
s 14: Am 2001 No 27,
Sch 1 [4].
15Authority may require further
information etc
(1)
The Authority may, by notice in writing, require
a person who is an applicant for a casino licence or who, in the opinion of
the Authority, has some association or connection with the applicant that is
relevant to the application to do any one or more of the following
things:
(a)
to provide, in accordance with directions in the
notice, such information, verified by statutory declaration, as is relevant to
the investigation of the application and is specified in the
notice,
(b)
to produce, in accordance with directions in the
notice, such records relevant to investigation of the application as are
specified in the notice and to permit examination of the records, the taking
of extracts from them and the making of copies of them,
(c)
to authorise a person described in the notice to
comply with a specified requirement of the kind referred to in paragraph (a)
or (b),
(d)
to furnish to the Authority such authorities and
consents as the Authority directs for the purpose of enabling the Authority to
obtain information (including financial and other confidential information)
from other persons concerning the person and his or her associates or
relations.
(2)
If a requirement made under this section is not
complied with, the Authority may refuse to consider the application
concerned.
(3)
A person who complies with a requirement of a
notice under this section does not on that account incur a liability to
another person.
16Cost of investigations to be
paid by applicant
(1)
The reasonable costs incurred by the Authority in
investigating and inquiring into an application for a casino licence are
payable to the Authority by the applicant, unless the Authority determines
otherwise in a particular case.
(2)
The Authority may require part or full payment in
advance of the amount it estimates will be payable by the applicant and may
refuse to deal with the application until the required payment is
made.
(3)
Investigation and inquiry costs may include
travelling expenses within or outside the State.
(4)
It is a condition of any licence granted to the
applicant that any amount payable under this section by the applicant is
paid.
s 16: Am 2001 No 27,
Sch 1 [5].
17Updating of
applications
(1)
If a change occurs in the information provided in
or in connection with an application for a casino licence before the
application is determined, the applicant must as soon as possible give the
Authority written particulars of the change verified by statutory
declaration.
Maximum penalty: 50 penalty
units.
(2)
Particulars of any change given by the applicant
are then to be considered to have formed part of the original application for
the purposes of the application of subsection (1) to any further change in the
information provided.
(3)
This section does not apply to a change in
information if the Authority has notified the applicant in writing that the
Authority does not require particulars of any change in the information
concerned or does not require particulars of the type of change
concerned.
18Determination of
applications
(1)
The Authority is to determine an application by
either granting a casino licence to the applicant or declining to grant a
licence, and is to inform the applicant accordingly.
(2)
A licence may be granted subject to such
conditions as the Authority thinks fit.
(3)
The Authority is not required to give reasons for
its decision on an application but may give reasons if it thinks
fit.
(4)
If a licence is granted, it is granted on the
terms (including a term as to the period for which it is in force), subject to
the conditions and for the location specified in the
licence.
19Authority to define casino
premises
(1)
The boundaries of a casino are to be defined
initially by being specified in the casino licence and may be redefined by the
Authority from time to time as the Authority thinks fit.
(2)
A redefining of the boundaries of a casino may be
done of the Authority’s own motion or on the application of the
licensee.
(3)
The redefining of the boundaries of a casino
takes effect when the Authority gives written notice of it to the casino
operator or on such later date as the notice may
specify.
(4)
s 19: Am 2001 No 27,
Sch 2 [2].
20Duration of casino
licence
A casino licence remains in force for the period
for which it was granted, as specified in the licence, unless it is sooner
cancelled or surrendered under this Act.
21No proprietary right in casino
licence
A casino licence confers no right of property and
is incapable of being assigned or mortgaged, charged or otherwise
encumbered.
22Conditions of casino
licence
(1)
The conditions of a casino licence (whether as
originally imposed or as amended) may relate to any matter for which provision
is made by this Act but must not be inconsistent with a provision of this
Act.
(2)
The conditions of a casino licence may be amended
by being substituted, varied, revoked or added to.
(3)
An amendment may be proposed:
(a)
by the licensee by requesting the Authority in
writing to make the amendment, or
(b)
by the Authority by giving notice in writing of
the proposed amendment to the licensee and giving the licensee at least 14
days to make submissions to the Authority concerning the proposed
amendment.
(4)
The Authority is to consider any submissions made
by the licensee and is then to decide whether to make the proposed amendment,
either with or without changes from that originally
proposed.
(5)
The Authority is to notify the licensee of its
decision and any amendment that the Authority decides upon takes effect when
notice of the decision is given to the licensee or on such later date as may
be specified in the notice.
23Disciplinary action against
casino operator
(1)
In this section:
disciplinary action means any one or
more of the following actions in relation to a casino licence:
(a)
the cancellation or suspension of the
licence,
(b)
the imposition on the licensee of a pecuniary
penalty of up to $1,000,000,
(c)
the amendment of the terms or conditions of the
licence (other than under section 22),
(d)
the issue of a letter of censure to the
licensee.
grounds
for disciplinary action means any one or more of the
following grounds in respect of a casino licence:
(a)
that the licence was improperly obtained in that,
at the time the licence was granted, there were grounds for declining to grant
it,
(b)
that the casino operator, a person in charge of
the casino, an agent of the casino operator or a casino employee has
contravened a provision of this Act or a condition of the
licence,
(c)
that the casino premises are, for specified
reasons, no longer suitable for the conduct of casino
operations,
(d)
that the licensee is, for specified reasons,
considered to be no longer a suitable person to give effect to the licence and
this Act,
(e)
that for specified reasons, it is considered to
be no longer in the public interest that the licence should remain in
force.
(2)
The Authority may serve on the holder of a casino
licence a notice in writing affording the licensee an opportunity to show
cause within 14 days why disciplinary action should not be taken against the
licensee on grounds for disciplinary action specified in the
notice.
(3)
The licensee may, within the period allowed by
the notice, arrange with the Authority for the making of submissions to the
Authority as to why disciplinary action should not be taken and the Authority
is to consider any submissions so made.
(4)
The Authority may then decide that it is
appropriate that certain disciplinary action be taken against the licensee and
may either:
(a)
take that disciplinary action by giving written
notice of the action to the licensee, or
(b)
as an alternative to taking that disciplinary
action, take action under section 24.
(5)
Disciplinary action may be taken against a person
whether or not the person has been prosecuted, convicted or penalised for any
contravention that is the grounds for the action.
(6)
Disciplinary action takes effect when notice of
it is given or on a later date specified in the notice.
(7)
The Authority is not to take action under this
section unless a member of the Authority who is or has been a Judge, or is a
legal practitioner of at least 7 years’ standing, is present at the
meeting of the Authority at which the decision to take the action is
made.
s 23: Am 1995 No 56,
Sch 1 [1].
24Rectification order as
alternative to disciplinary action
(1)
As an alternative to taking disciplinary action
against a casino operator under section 23, the Authority may direct the
operator in writing to take specified action within a specified time to
rectify the matter which constitutes the grounds for disciplinary action
concerned.
(2)
If a casino operator fails to take the specified
action within the specified time, the Authority may proceed to take the
relevant disciplinary action by giving written notice of the action to the
operator, and the action takes effect when the notice is given or on a later
date specified in the notice.
25Effect of suspension of
licence
(1)
While a casino licence is suspended, it is of no
effect for the purposes of section 4 (Gaming in licensed casino declared
lawful) but is to be considered to be in force for all other
purposes.
(2)
The Authority may, at any time, terminate or
reduce a period of suspension of a casino licence.
26Recovery of pecuniary
penalty
(1)
A pecuniary penalty that has been imposed on a
casino operator under section 23 may be recovered by the Authority on behalf
of the State in a court of competent jurisdiction as a debt due to the
Crown.
(2)
Proceedings to recover such a penalty may be
instituted within 6 years after the occurrence of the matter which constituted
the grounds for disciplinary action in respect of which the penalty was
imposed.
27Surrender of
licence
(1)
A casino operator may surrender the casino
licence by giving notice in writing to the Authority.
(2)
The surrender takes effect only if the Authority
consents to the surrender.
28Appointment of a manager if
licence suspended, cancelled or surrendered
(1)
If a casino licence is suspended, cancelled or
surrendered, the Authority may, if it is satisfied that it is in the public
interest to do so, by instrument in writing appoint a person to be the manager
of the casino for the purposes of this section.
(2)
In appointing a person to be the manager, the
Authority must have regard to the suitability of the
person.
(3)
The manager is to be appointed on such terms and
conditions as the Authority thinks fit.
(4)
The appointment of the manager may be terminated
at any time by the Authority and is in any case terminated 90 days after
appointment unless in a particular case the appointment is extended by the
regulations.
(5)
The manager:
(a)
is to be considered to be the holder of a casino
licence (including for the purposes of section 6) granted on the same terms
and subject to the same conditions as the suspended, cancelled or surrendered
licence (as in force immediately before the suspension, cancellation or
surrender) with such modifications as the Authority may direct,
and
(b)
is to assume full control of and responsibility
for the business of the casino operator in respect of the casino,
and
(c)
is to conduct or cause to be conducted casino
operations in accordance with this Act, and
(d)
has, in connection with the conduct of those
operations, all the functions of the operator.
(6)
The regulations may make provision for or with
respect to the functions of the manager of a casino appointed under this
section.
(7)
The following provisions have effect in respect
of the net earnings of a casino while operations in the casino are being
conducted by a manager under this section:
(a)
no payment of net earnings is to be made to the
holder of the suspended, cancelled or surrendered licence (the
former operator) without the prior approval of the
Authority,
(b)
the former operator is entitled to a fair rate of
return out of net earnings (if any) on any property of the former operator
retained by the manager,
(c)
the Authority may in its discretion direct that
all or any part of net earnings (other than that to which the former operator
is entitled under paragraph (b)) is to be paid into the Consolidated Fund,
with any balance to be paid to the former operator.
Part 4Licensing of casino
employees
43Definitions
(1)
In this Part:
licence means a licence in force
under this Part.
special
employee means a person who:
(a)
is employed or working in a casino in a
managerial capacity or who is authorised to make decisions, involving the
exercise of his or her discretion, that regulate operations in a casino,
or
(b)
is employed or working in a casino in any
capacity relating to any of the following activities:
•
the conduct of gaming,
•
the movement of money or chips about the
casino,
•
the exchange of money or chips to patrons in the
casino,
•
the counting of money or chips in the
casino,
•
the operation, maintenance, construction or
repair of gaming equipment,
•
the supervision of any of the above
activities,
•
casino security,
•
any other activity relating to operations in the
casino that is prescribed for the purposes of this
definition.
(2)
The regulations may exempt persons employed or
working in a casino in any specified capacity from being special
employees.
44Special employees to be
licensed
(1)
A person must not exercise in or in relation to a
casino any of the functions of a special employee except in accordance with
the authority conferred on the person by a licence.
Maximum penalty: 50 penalty
units.
(2)
A licence authorises the holder of the licence to
exercise in or in relation to a casino the functions specified in the licence
subject to the functions being exercised in accordance with the provisions of
this Act and the conditions of the licence.
(3)
A casino operator must not:
(a)
employ or use the services of a person to
exercise any function of a special employee in or in relation to the casino,
or
(b)
allocate or permit or suffer to be allocated to a
person the exercise of any function of a special employee in or in relation to
the casino,
unless the person is authorised by a licence to exercise
the function concerned.
Maximum penalty: 100 penalty
units.
45Special employees to display
identification
(1)
The holder of a licence must at all times while
exercising the functions of a special employee in a casino wear on his or her
person so as to be clearly visible a form of identification approved by the
Authority.
Maximum penalty: 20 penalty
units.
(2)
The Authority may exempt a person or a class of
persons from the requirements of this section.
46Application for
licence
(1)
An application for a licence is to be lodged with
the Authority in a form approved by the Authority and must be accompanied
by:
(a)
the fee determined by the Authority,
and
(b)
such documents (if any) as may be specified by
the Authority or as the form of application requires accompany the
application, and
(c)
a certificate by the casino operator who employs
or is proposing to employ the applicant as to the competence of the applicant
to exercise the functions specified in the
certificate.
(2)
The information provided in and accompanying the
application must be verified by statutory declaration.
(3)
The Authority may require the applicant to
consent to having his or her photograph, finger prints and palm prints taken
and may refuse to consider the application if the applicant refuses to allow
his or her photograph, finger prints or palm prints to be
taken.
(4)
An application for a licence may not be made by a
person who is under the age of 18 years or is a person within a class of
persons prescribed as being ineligible to apply for a
licence.
47Direction to apply for
licence—persons who have special relationship with
casino
(1)
For the purposes of this section, a person is to
be considered to have a special relationship with a casino if:
(a)
the person is associated with the casino operator
or is a casino employee, and in the opinion of the Authority has the power to
exercise a significant influence over or with respect to operations in the
casino, or
(b)
the person is associated with the casino operator
or is a casino employee, and in the opinion of the Authority it is in the
public interest that the person, by reason of his or her remuneration or his
or her authority in relation to operations in the casino, be licensed as a
special employee, or
(c)
the person’s employment (whether or not in
the casino and whether or not by the casino operator) involves the exercise of
functions that in the opinion of the Authority have the capacity to
significantly affect, whether directly or indirectly, any operations in the
casino.
(2)
The Authority may give a direction in writing to
a person who has a special relationship with a casino directing that the
association or employment that constitutes the special relationship is to be
regarded as the exercise by the person of the functions of a special
employee.
(3)
The direction is to require the person to apply
for the necessary licence within a specified period of not less than 7
days.
(4)
The association or employment specified in the
direction is for the purposes of this Part to be regarded as the exercise by
the person of the functions of a special employee as soon as:
(a)
the period allowed by the direction for the
making of an application for the appropriate licence expires with no
application having been made, or
(b)
(if the application is made within that period)
the application is determined.
(5)
If this section results in a person who has a
special relationship with a casino contravening section 44 (Special employees
to be licensed):
(a)
the Authority is to give written notice of that
fact to the person and the casino operator or employer concerned,
and
(b)
the person and the casino operator or employer
are each guilty of an offence if the association or employment that
constitutes the contravention is not terminated within 24 hours (or such
longer period as the Authority may allow) after that notice is
given.
Maximum penalty: 100 penalty
units.
(6)
The termination of an association or employment
in accordance with this section may be effected despite any other Act or any
law, award or industrial or other agreement, and neither the Crown nor the
Authority incurs any liability because of such a
termination.
48Updating of application for
licence
(1)
If a change occurs in the information provided in
or in connection with an application for a licence (including in any documents
lodged with the application) before the application is granted or refused, the
applicant must forthwith give the Authority written particulars of the change,
verified by statutory declaration.
Maximum penalty: 20 penalty
units.
(2)
When particulars of the change are given, those
particulars are then to be considered to have formed part of the original
application, for the purposes of the operation of subsection (1) in relation
to any further change in the information provided.
(3)
This section does not apply to a change in
information if the Authority has notified the applicant in writing that the
Authority does not require particulars of any change in the information
concerned or does not require particulars of the type of change
concerned.
49Authority may require further
information
(1)
The Authority may, by notice in writing, require
a person who is an applicant for a licence or who, in the opinion of the
Authority, has some association or connection with the applicant that is
relevant to the application to do any one or more of the following:
(a)
to provide, in accordance with directions in the
notice, such information, verified by statutory declaration, as is relevant to
the investigation of the application and is specified in the
notice,
(b)
to produce, in accordance with directions in the
notice, such records relevant to investigation of the application as are
specified in the notice and to permit examination of the records, the taking
of extracts from them and the making of copies of them,
(c)
to authorise a person described in the notice to
comply with a specified requirement of the kind referred to in paragraph (a)
or (b),
(d)
to furnish to the Authority such authorities and
consents as the Authority directs for the purpose of enabling the Authority to
obtain information (including financial and other confidential information)
from other persons concerning the person and his or her associates or
relations.
(2)
If a requirement made under this section is not
complied with, the Authority may refuse to consider the application concerned
while the non- compliance continues.
(3)
A person who complies with a requirement of a
notice under this section does not on that account incur a liability to
another person.
50Authority to investigate
applications
(1)
The Authority is to investigate and inquire into
each application for a licence.
(2)
If the Authority proposes to refuse an
application, it must notify the applicant in writing of that fact and allow
the applicant at least 14 days to make submissions to the Authority as to why
the application should not be refused.
s 50: Subst 2001 No
27, Sch 1 [7].
51Cost of investigations to be
paid by applicant
(1)
The reasonable costs incurred by the Authority in
investigating and inquiring into an application for a licence are payable to
the Authority by the applicant, unless the Authority determines otherwise in a
particular case.
(2)
The Authority may require part or full payment in
advance of the amount the Authority estimates will be payable by the applicant
and may refuse to deal with the application until the required payment is
made.
(3)
Investigation and inquiry costs may include
travelling expenses within or outside the State.
(4)
It is a condition of any licence granted to the
applicant that any amount payable under this section by the applicant is
paid.
s 51: Am 2001 No 27,
Sch 1 [8].
52Determination of
applications
(1)
The Authority is to consider an application for a
licence and is to take into account the results of its investigations and
inquiry and any submissions made by the applicant within the time
allowed.
(2)
The Authority is not to grant a licence unless
satisfied that the applicant is a suitable person to exercise the functions
that the proposed licence will authorise the person to
exercise.
(3)
For that purpose, the Authority is to make an
assessment of:
(a)
the integrity, responsibility, personal
background and financial stability of the applicant, and
(b)
the general reputation of the applicant having
regard to character, honesty and integrity, and
(c)
the suitability of the applicant to perform the
type of work proposed to be performed by the applicant as a
licensee.
(4)
The Authority is to determine the application by
either granting a licence to the applicant or declining to grant a licence,
and is to notify the applicant in writing of its
decision.
(5)
The Authority is not required to give reasons for
its decision but may give reasons if it thinks fit.
s 52: Am 2001 No 27,
Sch 1 [9].
53Conditions of
licence
(1)
A licence is subject to any conditions imposed by
the Authority and notified in writing to the licensee by the Authority on the
grant of the licence or during its currency.
(2)
A condition of a licence may be varied,
substituted or revoked by the Authority by notice in writing to the licensee,
whether or not on application made to the Authority by the
licensee.
54Provisional
licences
(1)
The Authority may, pending determination of an
application for a licence, grant to the applicant a provisional
licence.
(2)
A provisional licence is subject to any
conditions or restrictions of which the provisional licensee is notified by
the Authority when granting the licence.
(3)
A provisional licence may be cancelled by the
Authority at any time and, unless sooner surrendered or cancelled, ceases to
have effect on the determination of the provisional licensee’s
application for a licence.
(4)
This Act applies to a provisional licence in the
same way as it applies to a licence (to the extent that is consistent with
this section).
55Duration of
licence
A licence remains in force until whichever of the
following happens first:
(a)
the licensee dies, or
(b)
the licence is cancelled, or
(c)
the employment which the licence authorises is
terminated, or
(d)
the licensee, by notice in writing, surrenders
the licence to the Authority, or
(e)
the expiration of 3 years after the grant of the
licence.
s 55: Am 1997 No 137,
Sch 1 [4].
56Renewal of
licence
(1)
A licensee may, not earlier than 1 month before
the expiration of his or her current licence, apply to the Authority for a new
licence, in which case:
(a)
the current licence continues in force until the
application for the new licence is determined, and
(b)
if granted, the new licence is to be considered
to have been granted on the anniversary of the date on which the current
licence was granted and is to be dated accordingly.
(2)
An application for a new licence is to be made in
a form approved by the Authority and is not to be considered to have been made
unless accompanied by the fee determined by the
Authority.
(3)
The provisions of this Act (except those relating
to the form of an application and the grant of a provisional licence) apply to
and in relation to:
(a)
an application under this section for a new
licence, and
(b)
the determination of such an application,
and
(c)
any licence granted as a result of such an
application,
as if the application has been made by a person other
than a licensee.
57Variation of
licence
(1)
Application may be made to the Authority,
accompanied by the fee determined by the Authority, for variation of the
authority conferred by a licence.
(2)
Except in relation to the fee to accompany the
application, this Act applies in relation to such an application in the same
way as it applies to an application for a licence.
(3)
If the application is approved, the Authority may
amend the licence to which the application relates or issue a new licence
specifying the varied authority.
58Loss etc of
licence
If the Authority is satisfied that a licence has
been lost, destroyed or damaged, the Authority may, on payment of the fee
determined by the Authority, issue a replacement
licence.
59Disciplinary action against
licensee
(1)
In this section:
disciplinary action means any one or
more of the following actions against a licensee:
(a)
the service of a written notice on the licensee
censuring him or her for any action specified in the
notice,
(b)
variation of the authority conferred by the
licence (other than a variation under section 57),
(c)
suspension of the licence for a specified
period,
(d)
cancellation of the
licence.
grounds
for disciplinary action means any of the following grounds
in respect of a licence:
(a)
that the licence was improperly obtained in that,
at the time the licence was granted, there were grounds for declining to grant
it,
(b)
that the licensee has been convicted of an
offence against this Act or, whether or not in New South Wales, of an offence
punishable on conviction by imprisonment for 3 months or more (whether or not
in addition to a fine),
(c)
that the licensee has contravened a condition of
the licence,
(d)
that the licensee has failed to provide
information that he or she is required by this Act to provide or has provided
information knowing it to be false or misleading in a material
particular,
(e)
that the licensee has become bankrupt, applied to
take the benefit of any law relating to bankrupt or insolvent debtors, has
compounded with his or her creditors or made an assignment of his or her
remuneration for their benefit,
(f)
that the Authority is, for any reason, of the
opinion that the licensee is not a suitable person to be the holder of the
licence.
(2)
The Authority may make such inquiries as it
thinks fit into the question of whether there are grounds for disciplinary
action against a licensee.
(3)
If as a consequence of such an inquiry the
Authority proposes to take disciplinary action against the licensee:
(a)
the Authority is to give the licensee notice of
the proposal and at least 14 days to make submissions to the Authority on the
matter, and
(b)
the Authority may by written direction to the
licensee suspend the licensee’s licence for a maximum period of 90 days
pending the Authority’s decision on the matter and may revoke any such
suspension.
(4)
The Authority is to consider the results of its
inquiries and any submissions made by the licensee within the time allowed and
is to decide whether to take disciplinary action against the
licensee.
(5)
If the Authority decides that there are grounds
for disciplinary action against a licensee, the Authority may take the action
and does so by giving notice in writing of the action to the licensee.
Disciplinary action takes effect when the notice is given or on a later date
specified in the notice.
(6)
Disciplinary action may be taken against a person
whether or not the person has been prosecuted, convicted or penalised for any
offence that is the grounds for the action.
(7)
The Authority is not to take action under this
section unless a member of the Authority who is or has been a Judge, or is a
legal practitioner of at least 7 years’ standing, is present at the
meeting of the Authority at which the decision to take the action is
made.
s 59: Am 1995 No 56,
Sch 1 [3]; 1999 No 94, Sch 4.78 [1]; 2001 No 27, Sch 1
[10]–[13].
60Effect etc of
suspension
(1)
During any period of suspension of a licence, the
licensee is to be regarded as not holding a licence except for the purposes of
section 63 (Change in state of affairs of licensee).
(2)
The Authority may, by notice in writing to the
licensee at any time, terminate or reduce a period of suspension of a
licence.
61Termination of employment on
suspension or cancellation of licence
(1)
If a casino operator is given written notice by
the Authority that the licence of an associate or employee of the operator has
been suspended or cancelled, or has otherwise ceased to be in force, it is a
condition of the operator’s casino licence that the operator must,
within 24 hours after the notice is given:
(a)
in the case of an associate of the
operator—terminate the association that constitutes the exercise of the
functions of a special employee, or
(b)
in the case of an employee—terminate the
employment that constitutes the exercise of the functions of a special
employee or cause it to be terminated.
(2)
If the employer (other than the casino operator)
of an employee is given written notice by the Authority that the
employee’s licence has been suspended or cancelled, the employer must,
within 24 hours after the notice is given, terminate the employment that
constitutes the exercise of the functions of a special employee or cause it to
be terminated.
Maximum penalty: 100 penalty
units.
(3)
A termination of employment in accordance with
this section may be effected despite any other Act or any law, award or
industrial or other agreement, and neither the Crown nor the Authority incurs
any liability because of such a termination.
62Information relating to
licensees to be provided
(1)
It is a condition of a casino licence that the
casino operator must:
(a)
within 7 days after a licensed employee commences
to have functions in or in relation to the casino—notify the Authority,
in a form approved by the Authority, of the commencement of the exercise of
those functions, and
(b)
not less than twice each year, on dates specified
by the Authority submit to the Authority, in a form approved by the Authority,
a list of the licensed employees having functions in or in relation to the
casino, and
(c)
within 7 days after a licensed employee ceases to
have functions in or in relation to the casino—notify the Authority, in
a form approved by the Authority, of the cessation of the exercise of those
functions.
(2)
The Authority may, by notice in writing, require
a licensee:
(a)
to provide, in accordance with directions in the
notice, such information relevant to the holding of the licence as is
specified in the notice, or
(b)
to produce, in accordance with directions in the
notice, such records relevant to the holding of the licence as are specified
in the notice and to permit examination of the records and the making of
copies of the records.
(3)
It is a condition of a licence that the licensee
must comply with the requirements of a notice under this
section.
63Change in state of affairs of
licensee
Whenever a prescribed change takes place in the
state of affairs existing in relation to the holder of a licence, the holder
of the licence must notify the Authority in writing of the prescribed
particulars relating to the change within 14 days after it takes
place.
Maximum penalty: 20 penalty
units.
64Training courses for
employees
(1)
It is a condition of a casino licence that the
casino operator must provide for persons employed or to be employed as special
employees in the casino training courses in relation to the playing of games,
the conduct of games and associated activities in connection with casino
operations and responsible practices in relation to the conduct of gaming
activities.
(2)
Training courses provided for the purposes of
this section must:
(a)
be conducted by the casino operator or, with the
approval of the Authority, the nominee of the casino operator,
and
(b)
be of such content, format and duration as is
approved by the Authority from time to time.
(3)
A casino operator may conduct gaming on a
simulated basis for the purpose of training employees, testing gaming
equipment and gaming procedures and demonstrating the conduct and playing of
games, but only if:
(a)
the operator has the approval of the Authority to
do so, and
(b)
no money is used and no chips are used in place
of money.
(4)
Despite the provisions of any other law, the
possession and use of gaming equipment as authorised by subsection (3) is
lawful.
s 64: Am 1999 No 49,
Sch 1 [1].
Part 5Casino
operations
65Casino layout to be as
approved by Authority
(1)
It is a condition of a casino licence that gaming
is not to be conducted in the casino unless the facilities provided in
relation to the conduct and monitoring of operations in the casino are in
accordance with plans, diagrams and specifications that are for the time being
approved by the Authority under this section.
(2)
The Authority may approve plans, diagrams and
specifications indicating the following:
(a)
the situation within the casino of gaming tables
and gaming equipment, counting rooms, cages and other facilities provided for
operations in the casino,
(b)
the manner in which a closed circuit television
system operates within the casino, including details of the positions and
field of coverage of the cameras and viewing screens and the height of the
cameras above the gaming,
(c)
the position and description of a catwalk
surveillance system for the direct visual monitoring of operations in the
casino,
(d)
the communication facilities provided for persons
monitoring operations in the casino, whether by means of the closed circuit
television system or the catwalk surveillance system, or
otherwise.
(3)
The Authority may amend an approval under this
section by giving not less than 14 days’ written notice of the amendment
to the casino operator or such lesser period of notice as the operator agrees
to accept in a particular case.
66Approval of games and rules
for games
(1)
The Authority may, by order published in the
Gazette, approve the games that may be played in a casino and the rules for
those games.
Editorial
note—
For orders under section 66 (1) see Gazettes No
107 of 1.9.1995, p 6281; No 143 of 6.12.1996, p 8127; No 18 of 14.2.1997, p
619; No 20 of 21.2.1997, p 981; No 93 of 22.8.1997, p 6595; No 125 of
21.11.1997, p 9400; No 62 of 27.3.1998, p 2095; No 163 of 20.11.1998, p 8966;
No 12 of 29.1.1999, p 363; No 25 of 26.2.1999, p 1414; No 72 of 25.6.1999, p
4436; No 106 of 14.9.1999, p 8949; No 109 of 17.9.1999, pp 8983, 8984; No 37
of 17.3.2000, p 2206 and No 88 of 14.7.2000, p 6401.
(2)
It is a condition of a casino licence that the
casino operator must not permit a game to be conducted or played in a casino
unless:
(a)
there is an order in force under this section
approving the game, and
(b)
the game is conducted or played in accordance
with:
(i)
the rules of the game approved by such an order,
or
(ii)
if the game is a keno game, the keno rules for
the game.
(3)
A person must not conduct a game in a casino or
permit a game conducted by him or her to be played in a casino, unless:
(a)
there is an order in force under this section
approving the game, and
(b)
the game is conducted or played in accordance
with:
(i)
the rules of the game approved by such an order,
or
(ii)
if the game is a keno game, the keno rules for
the game.
Maximum penalty: 20 penalty
units.
(4)
If the rules of a game approved by an order under
subsection (1) (or, in the case of a keno game, the keno rules for the game)
specifically permit wagers to be paid by a non-monetary prize, the rules of
the game include the following rules (the non-monetary prize rules):
(a)
the casino operator must give a person who wins a
non-monetary prize the choice to be paid money to the value of the
non-monetary prize instead, and
(b)
a non-monetary prize must not consist of or
include any of the following:
(i)
tobacco in any form,
(ii)
a firearm, or ammunition, within the meaning of
the Firearms Act 1996,
(iii)
a prohibited weapon within the meaning of the
Weapons Prohibition Act
1998,
(iv)
more than 20 litres of
liquor,
(v)
any item or service prescribed by the
regulations.
(5)
In this section:
keno
game means a game of keno for which the Minister
administering the Public Lotteries Act
1996 has approved rules under section 23 (1) of that
Act.
keno
rules for a keno game means the rules having effect for that
game published in the Gazette under section 23 (2) of the Public
Lotteries Act 1996.
s 66: Am 2000 No 57,
Sch 1 [2] [3].
67Directions as to games to be
available
(1)
The Authority may give a direction in writing to
a casino operator concerning any one or more of the following:
(a)
the particular games that are or are not to be
available to be played in the casino,
(b)
the minimum number of any particular game that is
to be available to be played in the casino,
(c)
the maximum number of any particular game that is
to be available to be played in the casino.
(2)
The Authority may amend any such direction by a
further direction in writing to the casino operator.
(3)
It is a condition of a casino licence that the
casino operator is to comply with any direction for the time being in force
under this section.
(4)
Before giving or amending a direction under this
section, the Authority is to give the casino operator a reasonable opportunity
to make representations to the Authority on the proposed direction or
amendment and is to consider any representations made by the casino
operator.
68Approval of gaming
equipment
(1)
The Authority may approve of gaming equipment for
use in a casino and for that purpose may approve particular equipment or may
approve equipment of a specified class or description, and may impose
conditions on any such approval.
(2)
An approval is to be in writing and may be
revoked by the Authority by notice in writing to the casino
operator.
(3)
The Authority may investigate or authorise the
investigation of gaming equipment for the purpose of determining whether the
equipment is suitable to be approved for use in a casino and may require the
cost of such an investigation to be paid by a person seeking the
approval.
(4)
Regulations may be made for or with respect to
the manufacture or supply of gaming equipment for use in a
casino.
(5)
Despite the provisions of any other law, the
possession of gaming equipment is lawful if:
(a)
the possession is for the purposes of an
investigation under this section, or
(b)
the equipment is identifiable in a manner
approved by the Authority and it is in a casino with the approval of the
Authority or the circumstances of its possession are such as have been
approved by the Authority generally or in a particular
case.
69Unsatisfactory gaming
equipment
(1)
The Authority may direct a casino operator to
rectify to its satisfaction, or to destroy, gaming equipment that it has
directed the operator to cease to have available for use on the ground that it
is unsatisfactory.
(2)
It is a condition of a casino licence that the
casino operator must forthwith comply with such a
direction.
s 69: Am 2001 No 27,
Sch 1 [14].
70Conduct of
gaming
(1)
It is a condition of a casino licence that the
following provisions are complied with in the casino and the casino operator
is to be considered to have contravened that condition if they are not
complied with:
(a)
gaming equipment is not to be used for gaming in
the casino unless there is an approval in force under section 68 for the use
in the casino of that equipment or of the class or description of equipment
concerned, and it is used in accordance with any conditions to which the
approval is subject,
(b)
all playing cards dealt in the course of gaming
in the casino are to be dealt from a card shoe or any other device approved by
the Authority for the purpose,
(c)
chips for gaming in the casino are not to be
issued unless the chips are paid for in money to the value of the chips or by
chip purchase voucher that, on payment of the amount shown on the voucher, was
issued by or on behalf of the operator,
(d)
gaming wagers are not to be placed in the casino
otherwise than by means of chips unless the game rules require or provide for
the placing of wagers in money,
(e)
all wagers won in the course of gaming in the
casino are to be paid in full without deduction of any commission or levy
other than a commission or levy provided for in the game
rules,
(f)
all wagers won in the course of gaming in the
casino are to be paid in chips unless the game rules specifically permit
payment by cash, cheque or non-monetary prize,
(g)
a person who is at or in the vicinity of the
casino and is an agent of the casino operator or a casino employee must not
induce patrons to enter the casino or take part in gaming in the
casino,
(h)
a person must not be required to pay any deposit,
charge, commission or levy (whether directly or indirectly and whether or not
it is claimed to be refundable) to enter the casino or, except as may be
provided by the game rules or as may be approved by the Authority, to take
part in gaming in the casino,
(i)
during the times the casino is open to the public
for gaming the requirements of subsection (2) are complied with in relation to
the exchange and redemption of chips and chip purchase vouchers issued by the
casino operator.
(2)
The requirements for the exchange and redemption
of chips and chip purchase vouchers are as follows:
(a)
chip purchase vouchers are to be exchanged for
chips at the request of the patron,
(b)
chips are to be exchanged for other chips at the
request of the patron,
(c)
chips or chip purchase vouchers are to be
redeemed for a cheque at the request of the patron (if the patron requests a
cheque), or wholly or partly for money (with a cheque for any balance) if the
patron so requests and the casino operator concurs,
(d)
a cheque in payment for redeemed chips or chip
purchase vouchers must be made payable to the patron and drawn on a bank,
building society or credit union approved by the
Authority,
(e)
any exchange or redemption of chips or chip
purchase vouchers is to be for their full value without any
deduction.
s 70: Am 1996 No 24,
Sch 1; 2000 No 57, Sch 1 [4]–[6].
71Times of operation of
casino
(1)
It is a condition of a casino licence that the
casino is to be open to the public for gaming in accordance with this Act on
such days and at such times as are for the time being directed by the
Authority by order in writing served on the casino
operator.
(2)
It is a condition of a casino licence that the
casino is to be closed to the public:
(a)
on days and at times that are not days or times
specified in a direction for the time being in force under this section,
and
(b)
on days or at times specified in such a direction
as days on which, or times at which, the opening of the casino to the public
is prohibited.
(3)
Before giving or varying a direction under this
section, the Authority is to consider any representations made by the casino
operator in relation to the hours and days to be specified in the
direction.
72Assistance to
patrons
(1)
It is a condition of a casino licence that the
casino operator must ensure that:
(a)
at the request of a casino patron, a copy of the
game rules for any particular game is made available for inspection by the
patron, and
(b)
there is prominently displayed in the casino such
advice or information concerning game rules, mode of payment of winning
wagers, the odds of winning for each wager and such other advice or
information to the player as may be directed by the Authority,
and
(c)
at the request of a casino patron, a brochure
summarising the game rules in respect of a game played in the casino (in
accordance with the text approved by the Authority) is provided to the patron,
and
(d)
there is prominently displayed at each gaming
table or location related to the playing of a game a sign indicating the
permissible minimum and maximum wagers pertaining to the game played there,
and
(e)
a minimum wager indicated in respect of a game at
a table or location is not changed to a higher minimum unless a sign
indicating the new minimum and the proposed time of change is displayed at the
table or location at least 20 minutes before the
change.
(2)
The Authority may by instrument in writing exempt
a casino operator from compliance with subsection (1) (d) and (e) in respect
of any particular game played in the casino and may grant the exemption
subject to conditions.
s 72: Am 2000 No 57,
Sch 1 [7]–[9].
73Operation of security
equipment etc
It is a condition of a casino licence that the
casino operator must ensure that all casino installations, devices, equipment
and procedures for security and safety purposes are used, operated and applied
at all relevant times for the preservation and maintenance of those
purposes.
74Credit
prohibited
(1)
A casino operator must not, and an agent of the
operator or a casino employee must not, in connection with any gaming in the
casino:
(a)
accept a wager made otherwise than by means of
money or chips, or
(b)
lend money, chips or any other valuable thing,
or
(c)
provide money or chips as part of a transaction
involving a credit card or a debit card, or
(d)
extend any other form of credit,
or
(e)
except with the approval of the Authority, wholly
or partly release or discharge a debt.
(2)
It is a condition of a casino licence that the
casino operator must not contravene subsection (1) and must not cause, permit,
suffer or allow an agent of the operator or a casino employee to contravene
that subsection.
(3)
It is a condition of a casino licence that an
automatic teller machine or any like device is not to be installed within the
boundaries of the casino.
(4)
This section does not limit the operation of
section 75 (Cheques and deposit accounts).
75Cheques and deposit
accounts
(1)
In this section:
cheque has the same meaning as in
the Cheques and Payment Orders Act 1986 of
the Commonwealth, but does not include a traveller’s cheque or a cheque
that is undated or post-dated.
(2)
A casino operator may establish for a person a
deposit account to which is to be credited the amount of any deposit to the
account comprising:
(a)
money, or
(b)
a cheque payable to the operator,
or
(c)
a traveller’s
cheque.
(3)
A casino operator may issue to a person who
establishes a deposit account and debit to the account chip purchase vouchers,
money or a cheque made payable to the person, not exceeding in total value the
amount standing to the credit of the account at the time of issue of the
vouchers, money or cheque.
(4)
A casino operator may, in exchange for a cheque
payable to the operator or a traveller’s cheque, issue to a person chip
purchase vouchers of a value equivalent to the amount of the cheque or
traveller’s cheque.
(5)
A cheque accepted by a casino operator may, by
agreement with the operator, be redeemed in exchange for the equivalent in
value to the amount of the cheque of any one or more of the following:
(a)
money,
(b)
a cheque payable to the
operator,
(c)
chip purchase vouchers,
(d)
chips.
(5A)
For the purposes only of subsection (5),
electronic funds transfer of an amount to an account operated by the casino
operator is taken to be payment of that amount in money to the
operator.
(6)
It is a condition of a casino licence that the
casino operator:
(a)
must not accept a cheque from a person if a
cheque previously accepted by the operator from the person has not been met on
presentation (unless the amount of the cheque not met was subsequently paid to
the operator), and
(b)
must bank a cheque accepted by the operator under
this section within the period of time required by subsection
(6A),
(c)
must not agree to the redemption of a cheque
accepted by the operator for the purpose of avoiding compliance with paragraph
(b).
(6A)
A cheque must be banked:
(a)
within 20 working days after it is accepted, if
the cheque is drawn on an account maintained at a branch of the drawee bank
that is located outside Australia or an external Territory,
or
(b)
within 10 working days after it is accepted, if
the cheque is for $5,000 or more and is drawn on an account maintained at a
branch of the drawee bank that is located in Australia or an external
Territory, or
(c)
within 1 working day after it is accepted, in any
other case.
(7)
Section 56 of the Unlawful Gambling
Act 1998 does not apply to prevent an action being brought
to recover money on a cheque or other instrument given in payment for chip
purchase vouchers, or a credit to a deposit account, under this
section.
s 75: Am 1996 No 10,
Sch 1 [1]–[4]; 1998 No 113, Sch 2.3 [2].
76Junkets and
inducements
(1)
The regulations may make provision for or with
respect to regulating or prohibiting:
(a)
the promotion and conduct of junkets involving a
casino, or
(b)
the offering to persons of inducements to take
part in gambling at a casino, or
(c)
the offering to persons of inducements to apply
for review of exclusion orders.
(2)
In particular, the regulations may:
(a)
impose restrictions on who may organise or
promote a junket or offer inducements, and
(b)
require the organiser or promoter of a junket, or
a casino operator, to give the Authority advance notice of the junket and to
furnish to the Authority detailed information concerning the conduct of and
the arrangements for the conduct of any junket, and
(c)
require any contract or other agreement that
relates to the conduct of a junket or the offer of an inducement to be in a
form and contain provisions approved of by the Authority,
and
(d)
require the organiser or promoter of a junket, or
a casino operator, to give specified information concerning the conduct of the
junket to participants in the junket.
(3)
In this section:
junket means any arrangement for the
promotion of gaming in a casino by groups of people (usually involving
arrangements for the provision of transportation, accommodation, food, drink
and entertainment for participants in the arrangements, some or all of which
are paid for by the casino operator or are otherwise provided on a
complimentary basis).
s 76: Am 1999 No 49,
Sch 1 [2]; 2001 No 27, Sch 2 [3].
77Right of entry to
casino
(1)
A person enters and remains in a casino only by
licence of the casino operator, except as provided by this section and section
78.
(2)
An inspector may enter, and remain in, a casino,
or any part of a casino, pursuant to the functions conferred or imposed on an
inspector by this Act.
78Police powers of entry to
casino
(1)
For the purpose of the discharge of the duty of a
police officer, any part of a casino to which the public has access is to be
regarded as a public place.
(2)
A police officer may, on being authorised by the
Authority or an inspector to do so, enter any part of a casino to which the
public does not have access and may remain there for the purpose of
discharging his or her duty as a police officer.
(3)
Such an authorisation may be given in a
particular case or generally and may be given so as to operate on a specified
occasion or throughout a specified period.
(4)
The Authority or an inspector giving such an
authorisation to a police officer is to inform the casino operator or the
person for the time being in charge of the casino as soon as
practicable.
(5)
Nothing in this section or section 77 affects any
power a police officer has by law to enter any part of a
casino.
s 78: Am 2001 No 27,
Sch 1 [15].
79Exclusion of persons from
casino
(1)
The Authority or the casino operator or the
person for the time being in charge of the casino may, by order given to a
person verbally or in writing, prohibit the person from entering or remaining
in a casino.
(2)
If a person is given such a verbal order and the
person requires the order to be given in writing, the verbal order is
suspended while the order is put in writing (but only if the person remains
available in the casino to be given the written order).
(3)
The Authority or the casino operator may give a
written order under this section to a person, on the person’s voluntary
application, prohibiting the person from entering or remaining in a casino.
The application must be in writing and the person’s signature on it must
be witnessed in a manner determined by the Authority.
(4)
It is a condition of a casino licence that the
casino operator must, as soon as practicable after a written order is given to
a person under this section by the operator or by the person for the time
being in charge of the casino, cause notice of the order to be given to the
Authority.
(5)
This section does not authorise the exclusion
from a casino of any person acting in the person’s capacity as an
inspector or other authorised person, or as a police
officer.
s 79: Am 2001 No 27,
Sch 1 [16] [17].
80Review of exclusion
order
(1)
A person who is given an exclusion order may
apply to the Authority within 28 days after the order is given for a review of
the order unless the order was given by the Authority or at the direction of
the Commissioner of Police.
(1A)
An exclusion order given by the Authority, or at
the direction of the Commissioner of Police, may not be challenged, reviewed,
quashed or called into question on any grounds whatsoever before any court or
tribunal in any legal proceedings, or restrained, removed or otherwise
affected by proceedings in the nature of prohibition or
mandamus.
(2)
An application for review must be made in writing
and must specify the grounds on which it is made.
(3)
The Authority may make such inquiries as it
thinks fit into the question of whether or not the exclusion order should be
overruled.
(4)
If the exclusion order was given on the voluntary
application of the person to whom it applies, the inquiries made by the
Authority are, if possible, to include inquiries made of the witness to the
application.
(5)
On consideration of the grounds specified in the
application for review and the results of its inquiries, the Authority may
overrule the exclusion order or allow it to stand and is to communicate its
decision to the applicant in writing.
(5A)
The regulations may make provision for or with
respect to matters to be taken into consideration by the Authority in making
its decision with respect to an application for review of an exclusion
order.
(6)
If the decision of the Authority is to overrule
the exclusion order, the decision operates to revoke the order but does not
prejudice the right of a casino operator or person for the time being in
charge of a casino, acting in good faith, to give a further exclusion order to
the person affected.
(7)
An application for review of an exclusion order
does not stay or otherwise affect the operation of the order pending the
Authority’s decision on the application.
s 80: Am 1999 No 49,
Sch 1 [3]; 2001 No 27, Schs 1 [18]–[20], 2 [4] [5].
81Commissioner of Police may
direct that person be excluded from casino and casino
precinct
(1)
The Commissioner of Police may direct a casino
operator in writing to exclude a person from a casino by giving the person or
causing the person to be given an exclusion order, and it is a condition of
the casino licence that the operator must comply with the
direction.
(2)
The Commissioner may give such a direction in
anticipation of the person entering a casino.
(3)
Where practicable, the Commissioner of Police is
to make available to the casino operator a photograph of the person who is the
subject of the direction and is to give the person notice of the
direction.
(4)
The regulations may declare that the whole or a
specified part of specified premises is to be considered to form part of a
casino for the purposes of this section and this section then has effect
accordingly in respect of the premises. The premises are referred to in this
section as the “casino precinct”.
(5)
Such a declaration is to apply only to premises
that both:
(a)
form part of or are in the immediate vicinity of
the building or complex of which the casino forms part,
and
(b)
are under the control or management of the casino
operator.
(6)
A direction may be given under this section in
relation to all or any of the premises comprised in the
casino.
(7)
If a direction is given under this section in
relation to the whole or any part of the casino precinct, a reference in
sections 79, 82, 83, 84 and 85 (and in any ancillary provisions) to a casino
includes a reference to so much of the casino precinct as is the subject of
the direction, but only in connection with an exclusion order made or to be
made in conformity with the direction.
(7A)
A direction given under this section may not be
challenged, reviewed, quashed or called into question on any grounds
whatsoever before any court or tribunal in any legal proceedings, or
restrained, removed or otherwise affected by proceedings in the nature of
prohibition or mandamus.
(8)
In this section, premises includes any place, vehicle
or vessel.
s 81: Am 1997 No 137,
Sch 1 [5]; 2001 No 27, Sch 2 [6].
82Duration and revocation of
exclusion orders
(1)
An exclusion order remains in force in respect of
a person unless and until it is revoked by the person who gave the
order.
(2)
An exclusion order given by a person for the time
being in charge of a casino may be revoked by any other person who is for the
time being in charge of the casino or by the casino
operator.
(3)
An exclusion order given at the direction of the
Commissioner of Police may not be revoked except with the written approval of
the Commissioner.
(4)
When an exclusion order is revoked by a casino
operator or by the person for the time being in charge of a casino, the casino
operator must give notice of the revocation to the Authority as soon as
practicable after it occurs.
Maximum penalty: 50 penalty
units.
(5)
The regulations may make provision for or with
respect to matters to be taken into consideration by the person who gave an
exclusion order before the person decides to revoke the
order.
s 82: Am 1999 No 49,
Sch 1 [4].
83List of excluded
persons
(1)
It is a condition of a casino licence that the
casino operator must, on each day that gaming is conducted in the casino, as
soon as practicable after the time of day notified by the Authority for the
purposes of this subsection:
(a)
prepare a list of names bearing the date of that
day, or
(b)
add the date of that day to an unchanged list of
names applicable under this subsection on the last preceding
day,
those names being the names of persons who, immediately
before the only day, or each day, of which the date appears on the list, were
the subject of exclusion orders for the casino of which the operator is or was
aware.
(2)
It is a condition of a casino licence that the
casino operator must:
(a)
on each day that gaming is conducted in the
casino, as soon as practicable after the time of day notified by the Authority
for the purposes of this subsection, provide an inspector on duty in the
casino with a copy of the list referred to in subsection (1) that bears the
date of the day, and
(b)
notify an inspector on duty in the casino of the
making, or the revocation, of an exclusion order of which the operator becomes
aware during that day.
(3)
A person must not provide any part of a list
prepared under subsection (1), or any information contained in the list, to
any person except:
(a)
the casino operator,
(b)
a casino employee,
(c)
an inspector,
(d)
(e)
the Authority,
(f)
the Commissioner of Police,
or
(g)
a person approved by the Authority for the
purpose, or
(h)
a person subject to an exclusion order (but only
information relating to that person may be provided), or
(i)
a person or authority prescribed by the
regulations.
Maximum penalty: 20 penalty
units.
s 83: Am 2000 No 57,
Sch 1 [10] [11]; 2001 No 27, Sch 1 [21] [22].
84Excluded person not to enter
casino
(1)
A person (other than a self-excluded person) the
subject of an exclusion order must not enter or remain in a casino to which
the order relates.
Maximum penalty: 50 penalty units or imprisonment
for 12 months, or both.
(2)
A court that finds a person guilty of an offence
against this section may, if satisfied (after taking into account any evidence
that the court thinks it proper to consider) that the person has a problem
arising from the person’s gambling activities, postpone its decision as
to the imposition of a penalty on condition that the person agrees to undergo
such gambling counselling, for such a period not exceeding 12 months, as is
specified by the court.
(3)
A court that postpones its decision as to the
imposition of a penalty for a period under subsection (2) is to make its
decision:
(a)
as soon as practicable after the end of the
period, or
(b)
if, during the period the person concerned
advises the court that he or she does not intend to continue to undergo the
gambling counselling, as soon as practicable after receiving that advice,
or
(c)
if, during the period the court is satisfied that
the person has failed to undergo the gambling counselling, as soon as
practicable after being so satisfied.
(4)
In making its decision under subsection (3), the
court is to take into consideration whether the person concerned has undergone
the gambling counselling as agreed.
(5)
In this section:
gambling
counselling means counselling that a court considers would
be beneficial in assisting a person to avoid any financial, social or other
harm that the court is satisfied has arisen or is likely to arise from the
person’s gambling activities.
self-excluded person means a person
the subject of an exclusion order given on the voluntary application of the
person under section 79 (3).
s 84: Am 1999 No 49,
Sch 1 [5]; 2000 No 57, Sch 1 [12] [13]; 2001 No 27, Sch 2
[7].
85Removal of excluded person
from casino
(1)
This section applies to the following persons in
a casino:
(a)
the person for the time being in charge of the
casino,
(b)
an agent of the casino
operator,
(c)
a casino employee.
(2)
A person to whom this section applies must, as
soon as practicable after it becomes known to the person that a person the
subject of an exclusion order (including an exclusion order given on the
voluntary application of a person under section 79 (3)) is in the casino,
notify an inspector, and then remove the person, or cause the person to be
removed, from the casino.
Maximum penalty: 20 penalty
units.
(3)
It is lawful for a person to whom this section
applies, using no more force than is reasonable in the circumstances:
(a)
to prevent a person the subject of an exclusion
order from entering the casino, and
(b)
to remove such a person from the casino or cause
such a person to be removed from the casino.
s 85: Am 2000 No 57,
Sch 1 [14].
86Gambling in casino by certain
persons prohibited
(1)
A key official must not gamble in a casino except
to the extent that it may be necessary to do so in the exercise of his or her
functions in the course of the administration of this
Act.
(2)
If a person is a special employee in a casino (as
defined in Part 4), the person must not:
(a)
gamble in the casino, or
(b)
solicit or accept any gratuity, consideration or
other benefit from a patron in the casino.
(3)
If a key official ceases to be a key official, he
or she must not gamble in a casino during the period of 12 months following
the date on which he or she ceased to be a key official.
Maximum penalty: 20 penalty
units.
87Cheating
(1)
A person must not, in a casino:
(a)
obtain or attempt to obtain any benefit for
himself or herself or another person, or
(b)
induce or attempt to induce a person to deliver,
give or credit any benefit to him or her or another person,
or
(c)
cause, or attempt to cause, a detriment, whether
financial or otherwise, to another person,
by the dishonest use of:
(d)
any trick, device, sleight of hand or
representation, or
(e)
any scheme or practice, or
(f)
any object or gaming equipment,
or
(g)
an instrument or article of a type normally used
in connection with gaming, or appearing to be of a type normally used in
connection with gaming.
Maximum penalty: 100 penalty units or
imprisonment for 2 years, or both.
(1A)
A person who obtains a benefit from:
(a)
playing a game in a casino in contravention of
the game rules, or
(b)
an error or oversight in the conduct of the
game,
although the benefit was not originally obtained with
any dishonest intent, must not dishonestly retain the benefit.
Maximum penalty: 20 penalty
units.
(2)
A person must not, in a casino, use any device
for the purpose of enabling the person or some other person to count or
otherwise record cards dealt in the course of gaming in the casino unless the
casino operator approves of its use.
Maximum penalty: 50 penalty units or imprisonment
for 12 months, or both.
(3)
A person must not, in a casino or on premises of
which a casino forms part, use or have in his or her possession:
(a)
chips that he or she knows are bogus, counterfeit
or stolen (within the meaning of sections 188, 189 and 189A of the Crimes Act 1900), or
(b)
cards, dice or coins that he or she knows have
been marked, loaded or tampered with, or
(c)
for the purpose of cheating or stealing—any
equipment, device or thing that permits or facilitates cheating or
stealing.
Maximum penalty: 50 penalty units or imprisonment
for 12 months, or both.
(4)
Subsection (3) does not prohibit the possession
in a casino of any thing referred to in subsection (3) (a) or (b) by a person
in charge of the casino, an agent of the casino operator, a casino employee,
an inspector or a police officer, if that thing has been seized by any of
those persons from another person for use as evidence in proceedings for an
offence.
(5)
If, on a prosecution of a person for an offence
under subsection (1), the court is not satisfied that the person is guilty of
an offence under subsection (1) but the court is satisfied that the person is
guilty of an offence under subsection (1A), the court may convict the person
of the latter offence.
(6)
In this section:
benefit includes any money, chips,
prize, advantage, valuable consideration or security.
s 87: Am 2000 No 57,
Sch 1 [15] [16].
88Detention of suspected
person
(1)
An inspector who suspects on reasonable grounds
that a person in a casino has contravened, is contravening or is attempting to
contravene a provision of this or any other Act may detain the suspected
person in a suitable place in or near the casino until the arrival at the
place of detention of a police officer.
(2)
Any other person who is:
(a)
for the time being in charge of a casino,
or
(b)
an agent of the casino operator,
or
(c)
a casino employee,
and who suspects on reasonable grounds that a person in
the casino has contravened, is contravening or is attempting to contravene
section 87 (Cheating) or a prescribed provision of this Act may detain the
suspected person in a suitable place in or near the casino until the arrival
at the place of detention of a police officer.
(3)
A person may not be detained under this section
unless:
(a)
no more force is used than is proper in the
circumstances, and
(b)
the person detained is informed of the reasons
for the detention, and
(c)
the person effecting the detention immediately
notifies a police officer of the detention and the reasons for the detention,
and
(d)
the person detained is detained for no longer
than is reasonable to enable a police officer to
attend.
89Application of Liquor Act 1982
(1)
The Liquor Act
1982 does not apply to or in respect of a casino, except
as provided by the regulations.
(2)
The regulations may apply to the casino, with or
without modification, specified provisions of the Liquor
Act 1982 and a provision so applied has effect in
accordance with the regulations.
(3)
The Minister may by order published in the
Gazette declare that the whole or a specified part of specified premises is to
be considered to form part of a casino for the purposes of this section and
this section then has effect accordingly in respect of those
premises.
Editorial
note—
For orders under section 89 (3) see Gazettes No
109 of 6.9.1995, p 6466 and No 128 of 26.11.1997, p
9467.
(4)
Such an order is to apply only to premises that
form part of or are in the immediate vicinity of the building or complex of
which a casino forms part.
90Application of certain
provisions of the Local Government Act
1993
(1)
For the purposes of Parts 1 and 2 of Chapter 7 of
the Local Government Act 1993:
(a)
a casino is to be considered to be a place of
public entertainment, and
(b)
the conduct of operations in a casino is to be
considered to be use as a place of public
entertainment.
(2)
The Minister may by order published in the
Gazette declare that the whole or a specified part of specified premises is to
be considered to form part of a casino for the purposes of this section and
this section then has effect accordingly in respect of those
premises.
(3)
Such an order is to apply only to premises that
form part of or are in the immediate vicinity of the building or complex of
which a casino forms part.
s 90: Am 1995 No 11,
Sch 1.
Part 10Administration
133Constitution of the
Authority
(1)
There is constituted by this Act a body corporate
with the name of the New South Wales Casino Control
Authority.
(2)
The Authority is, for the purposes of any Act, a
statutory body representing the Crown.
(3)
The Authority is not subject to the direction or
control of the Minister, except to the extent specifically provided for in
sections 5, 7, 9 and 10.
(4)
In any Act or instrument, the Authority may be
referred to as the Casino Control Authority or the NSW Casino Control
Authority.
134Members of
Authority
(1)
The Authority is to consist of 5 members,
being:
(a)
the Chief Executive, and
(b)
4 other members appointed by the Governor on the
recommendation of the Minister.
(2)
One of the members of the Authority (other than
the Chief Executive) is to be appointed as Chairperson of the Authority, in
and by the member’s instrument of appointment or a subsequent instrument
executed by the Governor.
(2A)
One of the other members of the Authority (other
than the Chief Executive) is to be appointed as Deputy Chairperson of the
Authority, in and by the member’s instrument of appointment or a
subsequent instrument executed by the Governor.
(3)
Schedule 1 has effect (Provisions relating to the
members and procedure of the Authority).
s 134: Am 1998 No
120, Sch 1.5 [1].
135Qualifications of
members
(1)
Each of the persons recommended by the Minister
for appointment as a member of the Authority (including the Chief Executive)
must have such qualifications or experience in one or more of the following
fields as the Minister considers necessary to enable the Authority to exercise
its functions:
(a)
business management,
(b)
gaming,
(c)
law,
(d)
finance,
(e)
information technology,
(f)
human services or consumer
protection,
(g)
community work or the community
sector.
(2)
At least one of the members of the Authority
(other than the Chief Executive) must be a person who:
(a)
is or has been a Judge, or
(b)
is a legal practitioner of at least 7
years’ standing.
s 135: Am 1993 No 87,
Sch 5; 2000 No 57, Sch 1 [21].
136Persons engaged in
administration of Act to be of highest integrity
(1)
This section applies to the following
positions:
(a)
member or deputy member of the Authority
(including the Chief Executive and acting Chief
Executive),
(b)
(c)
inspector,
(d)
member of staff of the
Authority,
(e)
consultant to the
Authority.
(2)
A person is not eligible to be appointed to, or
to hold, a position to which this section applies unless the person possesses
the highest standard of integrity.
(3)
The question of whether a person possesses the
highest standard of integrity is to be determined by the person responsible
for the position concerned, namely:
(a)
the Authority in the case of the position of
member of staff of the Authority, consultant to the Authority or inspector,
and
(b)
(c)
the Minister in any other
case.
(4)
For the purpose of making such a determination,
the person responsible for the position must (in the case of proposed
appointments) and may (in all other cases) cause to be carried out all such
investigations and inquiries as the person considers proper and, in
particular, must (in the case of proposed appointments) and may (in all other
cases) obtain and consider a report from the Commissioner of Police in
relation to any person being considered for appointment to the position, or
the holder of the position, as the case requires.
(4A)
In carrying out any investigation or inquiry for
the purposes of this section, the Authority must comply with such guidelines
as the Authority may from time to time establish in connection with the
conduct of such an investigation or inquiry.
(5)
The Commissioner of Police is to furnish such a
report at the request of the person responsible for the position and may for
the purpose of the report require a person to whom the report relates to
consent to having his or her photograph, finger prints and palm prints
taken.
(6)
If a person fails to co-operate with an
investigation or inquiry under subsection (4) in relation to a position to
which this section applies:
(a)
in the case of a candidate for appointment to
such a position, the person is not eligible to be appointed to the position,
and
(b)
in the case of the holder of such a position,
that person is liable to be removed from the
position.
(6A)
For the purposes of subsection (6), a person
fails to co-operate with an investigation or inquiry under subsection (4)
if:
(a)
the person refuses or fails to comply with a
request for information from the person conducting the investigation or
inquiry, or
(b)
the person refuses or fails to comply with a
request for information from the Commissioner of Police in relation to the
preparation of a report under subsection (5), or
(c)
the person refuses or fails to comply with a
request for consent under subsection (5).
(6B)
No compensation is payable to any person as a
consequence of the holder of a position to which this section applies being
removed from the position under subsection (6).
(7)
A person is not eligible to be appointed to, or
to hold, a position to which this section applies if:
(a)
the person is, or was at any time during the
previous 4 years, an employee of a person who is the holder of, or a close
associate of the holder of, a casino licence or a party to a controlled
contract (as defined in section 36) with the holder of a casino licence,
or
(b)
the person has, or had at any time during the
previous 4 years, directly or indirectly any business or financial association
with, or any business or financial interest in any matter in conjunction with,
a person who is the holder of, or a close associate of the holder of, a casino
licence or a party to a controlled contract (as defined in section 36) with
the holder of a casino licence.
(8)
In subsection (7), casino licence includes any licence
or other form of authorisation that authorises its holder to conduct casino
style gaming in any place outside the State (including outside
Australia).
(9)
In the case of the position of inspector, member
of staff of the Authority or consultant to the Authority, the Authority may
waive the operation of subsection (7) in a particular
case.
s 136: Am 2001 No 27,
Schs 1 [29]–[31], 2 [10]–[14].
137Chief
Executive
(1)
The Governor may, on the recommendation of the
Minister, appoint a person to be the Chief Executive of the
Authority.
(2)
Section 136 (Persons engaged in administration of
Act to be of highest integrity) applies to the appointment of the Chief
Executive.
(3)
The Chief Executive’s employment is subject
to Part 2A, but not Part 2, of the Public Sector
Management Act 1988.
138Chief Executive to manage the
Authority
The affairs of the Authority are to be managed
and controlled by the Chief Executive in accordance with the directions of the
Authority.
139Acting Chief
Executive
(1)
The Minister may, from time to time, appoint a
person to act in the office of Chief Executive during the illness or absence
of the Chief Executive (or during a vacancy in the office of Chief Executive)
and the person, while so acting, has all the functions of the Chief Executive
and is to be regarded as the Chief Executive.
(2)
Section 136 (Persons engaged in administration of
Act to be of highest integrity) applies to the position of acting Chief
Executive.
(3)
The Minister may, at any time, remove a person
from office as acting Chief Executive.
(4)
An acting Chief Executive is entitled to be paid
such remuneration (including travelling and subsistence allowances) as the
Minister may from time to time determine in respect of the
person.
140Objects of the
Authority
The objects of the Authority are to maintain and
administer systems for the licensing, supervision and control of a casino, for
the purpose of:
(a)
ensuring that the management and operation of the
casino remains free from criminal influence or exploitation,
and
(b)
ensuring that gaming in the casino is conducted
honestly, and
(c)
(d)
containing and controlling the potential of a
casino to cause harm to the public interest and to individuals and
families.
s 140: Am 2000 No 57,
Sch 1 [22].
141Functions of the
Authority
(1)
The Authority has the following general
functions:
(a)
such functions as are necessary or convenient to
enable it to achieve its objects, and
(b)
such other functions as are conferred or imposed
on it by or under this or any other Act or law.
(2)
Without limiting its general functions, the
Authority has the following specific functions:
(a)
at the direction of the Minister, to invite
expressions of interest for the establishment and operation of casinos and
applications for casino licences and to consider and determine those
applications,
(b)
to consider and determine applications for other
licences under this Act,
(c)
to keep under constant review all matters
connected with casinos and the activities of casino operators, persons
associated with casino operators, and persons who are in a position to
exercise direct or indirect control over the casino operators or persons
associated with casino operators,
(d)
(e)
to advise the Minister on matters relating to the
administration of this Act,
(f)
to approve the games to be played in a casino and
the rules under which such games are played,
(g)
to approve gaming equipment for use in a
casino,
(h)
to approve the operating times of a
casino,
(i)
to appoint, supervise, direct and control
inspectors under this Act,
(j)
to directly supervise and inspect the operations
of a casino and the conduct of gaming in a casino,
(k)
to detect offences committed in or in relation to
a casino and to prosecute offences under this Act.
(3)
The Authority may, with the approval of the
Minister, acquire and hold land or an interest in land on behalf of the Crown
for the purpose of providing a suitable location and premises for the
establishment and operation of a casino.
(4)
In the exercise of its functions, the Authority
is not required to observe the rules of natural justice (except to the extent
that it is specifically required to do so by this Act).
s 141: Am 2001 No 27,
Sch 1 [32] [33].
142Authority may conduct
negotiations and enter into agreements
(1)
With the approval of the Minister, the Authority
may conduct negotiations and enter into agreements on behalf of the State for
or in connection with the establishment and operation of a casino and any
development of which a casino or proposed casino forms
part.
(2)
Such an agreement may contain only terms that are
approved by the Minister and that are not inconsistent with this
Act.
(3)
Such an agreement may provide that all or
specified obligations imposed by the agreement are to be considered to be
conditions of the relevant casino licence and such a provision has effect
accordingly.
(4)
An assignment or encumbrance of the rights and
obligations conferred or imposed by such an agreement is void unless the
Minister consents to the assignment or encumbrance and any conditions subject
to which the consent is given are complied with.
(5)
The Minister may vary or revoke a condition
referred to in subsection (4).
143Authority may hold
inquiries
(1)
For the purpose of the exercise of its functions,
the Authority may arrange for the holding of inquiries in public or in private
presided over by a member of the Authority or by some other person appointed
by the Authority to preside.
(2)
Evidence may be taken on oath or affirmation at
an inquiry, and for that purpose:
(a)
the person presiding at the inquiry may require a
person appearing at the inquiry who wishes to give evidence to take an oath or
to make an affirmation in a form approved by the person presiding,
and
(b)
a key official may administer an oath or
affirmation to a person so appearing at the
inquiry.
(3)
The person presiding at an inquiry is not bound
by the rules or practice of evidence and may inform himself or herself on any
matter in such manner as the person considers
appropriate.
(4)
A reference in this section to an inquiry
includes a reference to an inquiry held for the purpose of enabling a person
to make submissions to the Authority and a reference to the giving of evidence
includes a reference to the making of those submissions.
(5)
The person presiding at an inquiry is required to
report to the Authority on the results of the inquiry and is subject to the
control and direction of the Authority with respect to the matters that are to
be the subject of inquiry, the procedures to be adopted at an inquiry and the
time within which the person is to report to the
Authority.
s 143: Am 1995 No 56,
Sch 1 [4]–[8].
143AAttendance of
witnesses
(1)
The person presiding at an inquiry being
conducted by or on behalf of the Authority under section 143:
(a)
has the powers, authorities, protections and
immunities conferred on a commissioner by Division 1 of Part 2 of the Royal Commissions Act 1923,
and
(b)
if the person is a Judge of the Supreme Court, or
is a legal practitioner of at least 7 years’ standing whose instrument
of appointment to preside at the inquiry expressly so provides, has the powers
and authorities conferred on a commissioner by Division 2 of Part 2 of the
Royal Commissions Act 1923 (except for
section 17 (4) and (5)).
(2)
The Royal Commissions
Act 1923 applies to any witness summoned by or before the
person presiding at the inquiry (except for section 13 and, subject to
subsection (1) (b), Division 2 of Part 2).
ss 143A–143C:
Ins 2001 No 27, Sch 2 [15].
143BRestriction on publication of
information
(1)
The person presiding at an inquiry being
conducted by or on behalf of the Authority under section 143 may, by order in
writing, direct that:
(a)
any evidence given at the inquiry,
or
(b)
the contents of any document, or a description of
any thing, produced at the inquiry, or
(c)
any information that might enable a person who
has given or may be about to give evidence at the inquiry to be identified or
located, or
(d)
the fact that any person has given or may be
about to give evidence at the inquiry,
is not to be published at all, or is not to be published
except in such manner, and to such persons, as the person presiding at the
inquiry may specify.
(2)
Such a direction is not to be given unless the
person presiding at the inquiry is satisfied that the direction is necessary
in the public interest or that there are other exceptional circumstances that
require the direction to be given.
(3)
A person must not make a publication in
contravention of a direction given under this section.
Maximum penalty (subsection (3)): 50 penalty
units or imprisonment for 12 months, or both.
ss 143A–143C:
Ins 2001 No 27, Sch 2 [15].
143CReferral of information to
Commissioner of Police
(1)
This section applies to any information obtained
by the Authority as to the existence, or possible existence, of major or
systemic criminal activity in connection with a casino.
(2)
After consulting with the Commissioner of Police,
the Authority may refer any such information to the
Commissioner.
(3)
The Commissioner of Police is to conduct such
investigations and inquiries into the matters to which the information relates
and cause a report containing the results of those investigations and
inquiries to be sent to the Authority.
(4)
The Authority may take such action as it
considers appropriate in the light of the report, but in so doing must have
regard to any recommendations of the Commissioner of Police contained in the
report.
ss 143A–143C:
Ins 2001 No 27, Sch 2 [15].
144Delegation of
functions
(1)
The Authority may delegate to a key official any
of its functions except this power of delegation and except any function of
the Authority under the following sections of this Act:
18 (Determination of
applications)
19 (Authority to define casino
premises)
22 (Conditions of casino
licence)
23 (Disciplinary action against casino
operator)
28 (Appointment of manager if licence suspended,
cancelled or surrendered)
59 (Disciplinary action against
licensee).
(2)
A delegate may subdelegate to a key official any
function delegated under this section if the delegate is authorised by the
terms of the delegation to do so.
145Staff
etc
(1)
The Authority may:
(a)
employ such staff as may be required to enable
the Authority to exercise its functions, and
(b)
arrange for the use of the services of any staff
(by secondment or otherwise) or facilities of a government department, an
administrative office or a public or local authority, and
(c)
arrange for one or more police officers to be
made available to perform services for the Authority, and
(d)
engage such consultants as it requires to
exercise its functions.
(2)
In this Act, a reference to a member of the staff
of the Authority is a reference to:
(a)
a person who is employed under subsection (1)
(a), or
(b)
a person whose services are made use of under
subsection (1) (b), or
(c)
a police officer who is performing services for
the Authority under subsection (1) (c).
(3)
Section 136 (Persons engaged in administration of
Act to be of highest integrity) applies to the position of member of staff of
the Authority and consultant to the Authority.
(4)
Schedule 2 (Provisions concerning staff of the
Authority) has effect.
s 145: Am 2001 No 27,
Sch 1 [34].
146Key
officials—restrictions on employment etc with casino operator
etc
(1)
A key official must not be an employee, in any
capacity, of a casino operator, a close associate of a casino operator, or a
casino contractor.
Maximum penalty: 50 penalty
units.
(2)
A member of the Authority must not have any
business or financial association with, or any business or financial interest
in any matter in conjunction with, a casino operator, a close associate of a
casino operator, or a casino contractor.
Maximum penalty: 50 penalty
units.
(3)
A key official (other than a member of the
Authority) who has, directly or indirectly, any business or financial
association with or any business or financial interest in any matter in
conjunction with a casino operator, a close associate of a casino operator, or
a casino contractor, must:
(a)
forthwith notify the Authority of the association
or interest, and
(b)
if directed to do so by the Authority, terminate
the association or relinquish the interest within the time specified by the
Authority.
Maximum penalty: 50 penalty
units.
(4)
A person who is a casino operator, a close
associate of a casino operator, or a casino contractor, must not:
(a)
employ a key official in any capacity,
or
(b)
have, directly or indirectly, any business or
financial association with or any business or financial interest in any matter
in conjunction with a key official, except with the approval of the
Authority.
Maximum penalty: 50 penalty
units.
(5)
No such approval may be given in respect of any
business or financial association with or any business or financial interest
in any matter in conjunction with a member of the
Authority.
(6)
In this section:
casino
contractor means a person who is a party to a controlled
contract (as defined in section 36) with a casino operator or with a person
who is the subject of a notice under section 38 (Requirement may be extended
to associates of casino operator).
s 146: Am 2001 No 27,
Sch 1 [35] [36].
147Restrictions on employment etc
of former key officials
(1)
A person who is a casino operator, a close
associate of a casino operator, or a casino contractor, must not:
(a)
employ in any capacity another person who was a
key official during the previous 4 years, or
(b)
have, directly or indirectly, any business or
financial association with or any business or financial interest in any matter
in conjunction with another person who was a key official during the previous
4 years.
Maximum penalty: 50 penalty
units.
(2)
Within 4 years after ceasing to be a key
official, a person must not:
(a)
solicit or accept employment from, or be an
employee of, a casino operator, a close associate of a casino operator, or a
casino contractor, or
(b)
have, directly or indirectly, any business or
financial association with or any business or financial interest in any matter
in conjunction with a casino operator, a close associate of a casino operator,
or a casino contractor.
Maximum penalty: 50 penalty
units.
(3)
An exemption from the application to a former key
official of a provision of subsection (1) or (2) in a particular case may be
granted by the Authority but no such exemption may be granted in respect of a
former member of the Authority.
(4)
In this section:
casino
contractor means a person who is a party to a controlled
contract (as defined in section 36) with a casino operator or with a person
who is the subject of a notice under section 38 (Requirement may be extended
to associates of casino operator).
s 147: Am 2001 No 27,
Sch 1 [37].
148Secrecy
(1)
A person who acquires information in the exercise
of functions under this Act must not, directly or indirectly, make a record of
the information or divulge the information to another person, except in the
exercise of functions under this Act.
Maximum penalty: 50 penalty
units.
(2)
Despite subsection (1), information may be
divulged:
(a)
to a particular person or persons, if the
Authority certifies that it is necessary in the public interest that the
information be divulged to the person or persons, or
(b)
to a prescribed person or prescribed authority,
or
(c)
to a person who is expressly or impliedly
authorised to obtain it by the person to whom the information
relates.
(2A)
Information to which section 143C applies may not
be divulged under subsection (2) except with the consent of the Commissioner
of Police.
(3)
A person cannot be required:
(a)
to produce in any court any document or other
thing that has come into the person’s possession, custody or control by
reason of, or in the course of, the exercise of the person’s functions
under this Act, or
(b)
to divulge to any court any information that has
come to the person’s notice in the exercise of the person’s
functions under this Act.
(4)
Despite subsection (3), a person may be required
to produce a document or other thing in a court or to divulge information to a
court if:
(a)
the Authority certifies that it is necessary in
the public interest to do so, or
(b)
a person to whom the information relates (or to
whom the information contained in the document or thing relates) has expressly
authorised it to be divulged to or produced in the
court.
(5)
An authority or person to whom information is
divulged under subsection (2), and a person or employee under the control of
that authority or person, are, in respect of that information, subject to the
same rights, privileges and duties under this section as they would be if that
authority, person or employee were a person exercising functions under this
Act and had acquired the information in the exercise of those
functions.
(6)
This section does not apply to the divulging of
information to, or the production of any document or other thing to, any of
the following:
(a)
the New South Wales Crime
Commission,
(b)
the Independent Commission Against
Corruption,
(c)
the National Crime Authority,
(d)
the Police Service or the police force of another
State or a Territory,
(e)
the Australian Federal
Police,
(f)
any other person or body prescribed for the
purposes of this subsection.
(7)
This section does not prevent a person being
given access to a document in accordance with the Freedom of Information Act 1989, unless
the document:
(a)
contains matter the disclosure of which could
reasonably be expected to do any of the following:
(i)
prejudice the investigation of any contravention
or possible contravention of the law (including any revenue law) whether
generally or in a particular case,
(ii)
enable the existence or identity of any
confidential source of information, in relation to the enforcement or
administration of the law, to be ascertained,
(iii)
prejudice the effectiveness of any lawful method
or procedure for preventing, detecting, investigating or dealing with any
contravention or possible contravention of the law (including any revenue
law), or
(b)
is a document the disclosure of which would
disclose any of the following information:
(i)
information concerning the business, commercial,
professional or financial affairs of an applicant for a casino licence or a
licence under Part 4,
(ii)
information obtained in the course of an
investigation of an application for such a licence,
(iii)
information concerning the system of internal
controls and administrative and accounting procedures for a
casino.
(8)
In this section:
court includes any tribunal,
authority or person having power to require the production of documents or the
answering of questions.
produce includes permit access
to.
s 148: Am 2001 No 27,
Sch 2 [16]–[20].
149Information gathering for law
enforcement purposes
(1)
For the purpose of obtaining information that may
be of assistance to a law enforcement agency, the Authority may in writing
direct a casino operator to provide the Authority with information obtained by
the operator concerning:
(a)
operations in the casino and in any other
premises (whether or not within the State) in the nature of a casino,
and
(b)
any other activity that takes place in the casino
or in those other premises.
(2)
Such a direction may relate to particular
information or to information generally and may relate to particular or
general information concerning a specified person.
(3)
The direction must specify:
(a)
the kind of information that the casino operator
is required to provide, and
(b)
the manner in which the information is to be
provided.
(4)
It is a condition of a casino licence that the
casino operator must comply with such a direction.
(5)
The Authority may make information obtained by
the Authority under this section available to any law enforcement agency and
may do so despite section 148 (Secrecy).
(6)
The Authority must not disclose to a casino
operator that a request for information has been made to the Authority by a
law enforcement agency or that information obtained under this section has
been or will be furnished to a law enforcement agency.
(7)
In this section:
law
enforcement agency means:
(a)
the Police Service or the police force of another
State or a Territory, or
(b)
the New South Wales Crime Commission,
or
(c)
the Australian Federal Police,
or
(d)
the National Crime Authority,
or
(e)
any other authority or person responsible for the
enforcement of the laws of the Commonwealth or of the State, another State or
a Territory.
150Bribery
(1)
A key official must not corruptly ask for,
receive or obtain, or agree to receive or obtain, any money, property or
benefit of any kind for himself or herself, or for another person:
(a)
to forgo or neglect his or her duty, or influence
him or her, in the exercise of his or her functions as a key
official,
(b)
on account of a thing already done or omitted to
be done, or to be afterwards done or omitted to be done, by him or her in the
exercise of those functions, or
(c)
to use, or take advantage of, his or her position
as a key official in order improperly to gain a benefit or advantage for, or
facilitate the commission of an offence by, another
person.
Maximum penalty on summary conviction: 100
penalty units or imprisonment for 2 years, or both.
Maximum penalty on conviction on indictment:
imprisonment for 14 years.
(2)
A person must not corruptly give to, confer upon,
or procure for, or promise or offer to give to, confer upon, or procure for,
or attempt to procure for, a key official, or for any other person, any money,
property or benefit of any kind:
(a)
for a key official to forgo or neglect his or her
duty, or to influence him or her in the exercise of his or her functions as a
key official,
(b)
on account of anything already done, or omitted
to be done, by him or her in the exercise of those functions,
or
(c)
for the key official to use or take advantage of
his or her position as a key official in order improperly to gain a benefit or
advantage for, or facilitate the commission of an offence by, the person first
referred to in this subsection.
Maximum penalty on summary conviction: 100
penalty units or imprisonment for 2 years, or both.
Maximum penalty on conviction on indictment:
imprisonment for 14 years.
(3)
In this section:
key
official includes any member of the staff of the Authority
and any consultant to the Authority.
s 150: Am 1999 No 94,
Sch 4.78 [2].
151Personal liability of members
etc
Any matter or thing done by the Authority, the
Minister, a key official or any person acting under the direction of the
Authority does not subject the Minister, a key official or a person so acting
personally to any action, liability, claim or demand if the matter or thing
was done in good faith for the purpose of executing this or any other
Act.
152Seal of
Authority
The seal of the Authority is to be kept by the
Chief Executive and may be affixed to a document only:
(a)
in the presence of the Chief Executive or a
member of the staff of the Authority authorised in that behalf by the Chief
Executive, and
(b)
with an attestation by the signature of the Chief
Executive or that member of staff of the fact of the affixing of the
seal.
153Recovery of money due to
Authority
Any money due to the Authority may be recovered
by the Authority as a debt in a court of competent
jurisdiction.
154Matters to be included in
Authority’s annual report
The Authority is to include the following
information in its annual report under the Annual Reports
(Statutory Bodies) Act 1984:
(a)
details of any casino licence granted during the
financial year to which the report relates (including details of the
conditions subject to which the licence was granted),
(b)
the number of licences granted under Part 4
(Licensing of casino employees) during that year,
(c)
details of any changes to the conditions of a
licence made by the Authority during that year,
(d)
details of any disciplinary action taken by the
Authority against a casino operator during that year,
(e)
a summary of any disciplinary action taken by the
Authority during that year against persons licensed under Part
4,
(f)
details of any directions given by the Minister
under section 5 (Directions by the Minister to protect integrity of casino
gaming),
(g)
a summary of the outcome of any investigation or
review carried out by the Authority during that
year.