Part 1Preliminary
1Name of
Act
This Act may be cited as the Casino
Control Act 1992.
Note—
This Act is part of the gaming and liquor
legislation for the purposes of the Gaming and Liquor
Administration Act 2007. That Act contains administrative
and other relevant provisions that apply in relation to this Act (including
investigation and enforcement powers and provisions relating to the probity of
officials).
s 1: Am 2007 No 92,
Sch 1 [2]; 2011 No 72, Sch 5.1 [1].
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
3Definitions
(1)
In this Act:
Authority means the Independent
Liquor and Gaming Authority constituted under the Gaming
and Liquor Administration Act 2007.
Barangaroo restricted gaming
facility means premises:
(a)
situated or proposed to be situated on that part
of Barangaroo (within the meaning of the Barangaroo
Delivery Authority Act 2009) identified as the site of the
Barangaroo restricted gaming facility on the Barangaroo Restricted Gaming
Facility Site Map, and
(b)
defined for the time being under section
19A.
casino means:
(a)
premises defined as a casino for the time being
under section 19, or
(b)
the Barangaroo restricted gaming
facility.
casino
employee means an employee (whether or not of a casino
operator) having functions in or in relation to a casino.
casino
licence means a licence in force under Part 2 to operate a
casino.
casino
operator means a person who is the holder of a casino
licence.
Note—
References in this Act to the casino operator
include references to the holder of a restricted gaming
licence.
chips means any tokens (including
tokens depicted in an electronic form) used instead of money for the purpose
of gaming.
close
associate means a close associate within the meaning of the
Gaming and Liquor Administration Act
2007.
employ includes engage under a
contract for services.
exclusion
order means a written order under section 79 prohibiting a
person from entering, or remaining in, a casino.
game means a game of chance or a
game that is partly a game of chance and partly a game requiring
skill.
game
rules, in relation to a particular game, means:
(a)
the rules of the game approved by an order under
section 66 (1) or, if the game is a keno game, the keno rules for the game
within the meaning of section 66 (5), and
(b)
the non-monetary prize rules for the game set out
in section 66 (4).
gaming means the playing of any
game.
gaming
equipment means any device or thing (including chips) used,
or capable of being used, for or in connection with gaming.
inspector means an inspector within
the meaning of the Gaming and Liquor Administration Act
2007.
key
official means a key official within the meaning of the
Gaming and Liquor Administration Act
2007.
member of
staff means a member of staff within the meaning of the
Gaming and Liquor Administration Act
2007.
operations, in relation to a casino,
means:
(a)
the conduct of gaming in the
casino,
(b)
the management and supervision of the conduct of
gaming in the casino,
(c)
money counting in, and in relation to, the
casino,
(d)
accounting procedures in, and in relation to, the
casino,
(e)
the use of storage areas in the casino,
and
(f)
other matters affecting, or arising out of,
activities in the casino.
record includes any book, account,
document, paper or other source of information compiled, recorded or stored in
written form, or on microfilm, or by electronic process, or in any other
manner or by any other means.
restricted gaming licence means a
casino licence relating to the Barangaroo restricted gaming
facility.
Secretary means the Secretary of the
Department of Industry.
this
Act includes the regulations.
Note—
The Interpretation
Act 1987 contains definitions and other provisions that
affect the interpretation and application of this Act.
(2)
In this Act:
(a)
a reference to a function includes a reference to
a power, authority and duty, and
(b)
a reference to the exercise of a function
includes, in relation to a duty, a reference to the performance of the
duty.
(3)
Notes included in this Act do not form part of
this Act.
(4)
The reference in the definition of Barangaroo restricted gaming
facility to the Barangaroo Restricted Gaming
Facility Site Map is a reference to a map by that
name:
(a)
as tabled, by or on behalf of the Minister
introducing the Bill for the Casino Control
Amendment (Barangaroo Restricted Gaming Facility) Act
2013, in the Legislative Assembly on the day that the Bill
was introduced (the original
map), and
(b)
as amended or replaced from time to time by a map
declared by proclamation to amend or replace the original
map.
(5)
However, the site of the Barangaroo restricted
gaming facility must remain in the area identified as Barangaroo South on the
original map.
(6)
The Barangaroo Restricted Gaming Facility Site
Map is to be kept and made available for public access in
accordance with arrangements approved by the Minister.
(7)
For the purposes of this Act, the Barangaroo Restricted
Gaming Facility Site Map may be in, and may be kept and
made available in, electronic or paper form, or both.
Note—
The map is to be made available on the official
NSW legislation website in connection with this Act.
s 3: Am 2000 No 57,
Sch 1 [1]; 2001 No 27, Sch 1 [1]–[3]; 2007 No 27, Sch 2.5; 2007 No 92,
Sch 1 [3] [4]; 2009 No 48, Sch 1 [1]; 2011 No 72, Sch 5.1 [1] [2]; 2013 No
100, Sch 1 [2]–[5]; 2017 No 20, Sch 2.1 [1].
4Gaming in licensed casino
declared lawful
(1)
Despite the provisions of any other Act or law
but subject to this Act, the conduct and playing of a game and the use of
gaming equipment is lawful when the game is conducted and the gaming equipment
is provided in a casino by or on behalf of the casino operator (that is, the
holder of the licence for that casino under this Act).
(2)
The Unlawful Gambling
Act 1998 and the Lotteries and Art
Unions Act 1901 do not apply to the conduct and playing of
a game and the use of gaming equipment when the game is conducted and the
gaming equipment is provided in a casino by or on behalf of the casino
operator and in accordance with this Act, except to the extent (if any) that
the regulations otherwise provide.
(3)
This section does not operate to validate or
render enforceable a contract relating to gaming that would, apart from this
section, be invalid or unenforceable.
(4)
Despite subsection (3), a contract to which that
subsection refers and to which a casino operator is a party is enforceable
against the casino operator.
(5)
The conduct of operations in a casino in
accordance with this Act and the conditions of the casino licence is not of
itself a public or private nuisance.
s 4: Am 1998 No 113,
Sch 2.3 [1]; 2013 No 100, Sch 1 [6] [7].
4APrimary objects of
Act
(1)
Among the primary objects of this Act are:
(a)
ensuring that the management and operation of a
casino remain free from criminal influence or exploitation,
and
(b)
ensuring that gaming in a casino is conducted
honestly, and
(c)
containing and controlling the potential of a
casino to cause harm to the public interest and to individuals and
families.
(2)
All persons having functions under this Act are
required to have due regard to the objects referred to in subsection (1) when
exercising those functions.
s 4A: Ins 2001 No 27,
Sch 2 [1].
5Directions by the Minister to
protect integrity of casino gaming
(1)
The Minister may, after consultation with the
Authority, give directions and furnish guidelines to the Authority as to how
the Authority is to exercise any of its functions under this Act but only if
the Minister is of the opinion that the direction or guideline:
(a)
is necessary or desirable to protect the
integrity or apparent integrity of casino gaming, or
(b)
is otherwise in the public
interest.
(2)
Directions and guidelines under this section are
not to relate to:
(a)
the determination of an application for any
licence under this Act, or
(b)
any of the Authority’s functions under
section 23 (Disciplinary action against casino operator) or 59 (Disciplinary
action against licensee).
(3)
The Authority is in the exercise of its functions
subject to the directions and guidelines given or furnished under this
section.
(4)
Directions and guidelines under this section must
be in writing.
(5)
When the Minister gives a direction or furnishes
a guideline under this section, the Minister must:
(a)
as soon as practicable cause a copy of the
instrument containing the direction or guideline to be published in the
Gazette, and
(b)
cause a copy of that instrument to be laid before
each House of Parliament within 15 sitting days of that
House.
(6)
This section does not apply to a direction under
section 7, 9 or 10.
5AMinisterial directions
relating to licensing of Barangaroo restricted gaming
facility
(1)
The Minister may give directions to the Authority
in relation to the granting of a restricted gaming licence, including
directions relating to the terms and conditions of the licence and the
boundaries of the Barangaroo restricted gaming facility.
(2)
A direction under this section must be in writing
and made publicly available on the Authority’s
website.
(3)
The Authority must exercise its functions in
relation to a restricted gaming licence in accordance with any directions of
the Minister under this section.
(4)
This section does not apply in relation to the
functions of the Authority under section 13A.
s 5A: Ins 2013 No
100, Sch 1 [8].
Part 4Licensing of casino
employees
43Definitions
(1)
In this Part:
certificate of competency means a
certificate of competency issued under section 64.
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 approved by the Authority under section
68,
•
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.
s 43: Am 2009 No 48,
Sch 1 [5]; 2010 No 16, Sch 1 [4].
44Special employees to be
licensed and hold certificate of competency
(1)
A special employee must hold both a licence and a
certificate of competency for the functions that the special employee
exercises. A licence authorises the holder of the licence to exercise in or in
relation to a casino the functions for which the licensee holds a certificate
of competency, subject to the functions being exercised in accordance with the
provisions of this Act and the conditions of the
licence.
(2)
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.
(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.
s 44: Subst 2010 No
16, Sch 1 [5].
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.
(c)
(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.
s 46: Am 2010 No 16,
Sch 1 [6] [7].
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.
(3A)
A person who is regarded as exercising the
functions of a special employee under this section is not required to hold a
certificate of competency in relation to those
functions.
(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 and hold certificate of competency):
(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.
s 47: Am 2010 No 16,
Sch 1 [8] [9].
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 Secretary 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]; 2017 No 20, Sch 2.1 [6].
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 hold a
licence.
(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.
(c)
(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]; 2010 No 16, Sch 1 [10]–[12].
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 5 years after the grant of the
licence.
s 55: Am 1997 No 137,
Sch 1 [4]; 2009 No 48, Sch 1 [6].
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.
57
s 57: Rep 2010 No 16,
Sch 1 [13].
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)
(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 an
Australian lawyer 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]; 2006
No 30, Sch 9.4; 2010 No 16, Sch 1 [14].
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 14 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 14 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.
s 62: Am 2009 No 48,
Sch 1 [7].
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 and
certificates of competency for employees
(1)
Certificates of competency for the functions of
special employees are issued by a casino operator.
(2)
A casino operator may issue a certificate of
competency to a person for any functions of a special employee only if
satisfied that:
(a)
the person has completed training in those
functions and in responsible practices for the conduct of gaming, being
training provided by the casino operator, or
(b)
the person has completed other training, or has
qualifications, that the casino operator considers appropriate for the
exercise of those functions and that include training or qualifications in
responsible practices for the conduct of gaming.
(3)
A casino operator must not issue a certificate of
competency unless the training or qualifications on the basis of which the
certificate is to be issued complies with any standards or other requirements
set by the Authority from time to time.
(4)
A certificate of competency must specify the
functions of a special employee for which it is issued and the date of its
issue.
(5)
A casino operator must maintain records of all
training provided and certificates issued by the operator under this section
and must at the request of the Authority provide the Authority with access to
those records (including records maintained in an electronic
format).
(6)
It is a condition of a casino licence that the
casino operator must comply with the requirements of this
section.
s 64: Am 1999 No 49,
Sch 1 [1]. Subst 2010 No 16, Sch 1 [15].
64AStaff training facilities and
employment program
It is a condition of a restricted gaming licence
that the holder of the licence establish and maintain:
(a)
facilities for the training of persons employed
or working in the Barangaroo restricted gaming facility in carrying out their
duties and responsibilities, and
(b)
a program for the employment of Aboriginal people
in connection with the operation of the Barangaroo restricted gaming
facility.
s 64A: Ins 2013 No
100, Sch 1 [23].
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
facilities, counting rooms, cages and other facilities provided for operations
in the casino,
(b)
the facilities provided for persons conducting
monitoring operations and surveillance operations in the
casino.
(3)
The Authority may amend an approval under this
section on the application of the casino operator or 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.
(4)
This section does not apply in relation to the
Barangaroo restricted gaming facility.
(5)
However, it is a condition of a restricted gaming
licence that:
(a)
the facilities and equipment provided for persons
conducting monitoring operations and surveillance operations in the Barangaroo
restricted gaming facility must be to a standard approved by the Authority,
and
(b)
the location and orientation of those facilities
and equipment must be as approved by the Authority.
s 65: Am 2009 No 48,
Sch 1 [8] [9]; 2013 No 100, Sch 1 [24].
66Approval of games and rules
for games
(1)
The Authority may, by order in writing, approve
the games that may be played in a casino and the rules for those
games.
(1A)
Any such order as in force for the time being
must be made publicly available on the Authority’s
website.
(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.
(3A)
The following games are taken to be approved by
the Authority by order under this section in relation to the Barangaroo
restricted gaming facility:
(a)
baccarat,
(b)
blackjack,
(c)
roulette.
(3B)
The Authority may, by order in writing, approve
the rules for those games that are taken to be approved by the Authority under
subsection (3A).
(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, or an imitation
firearm, 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.
(4A)
Keno games cannot be approved in relation to the
Barangaroo restricted gaming facility.
(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]; 2009 No 48, Sch 1 [10]; 2010 No 40, Sch 3.2; 2013 No 100, Sch 1
[25] [26].
67Directions as to games in
casino 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.
(5)
This section does not apply in relation to the
Barangaroo restricted gaming facility.
s 67: Am 2013 No 100,
Sch 1 [27].
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 (except secondary 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 by using any other device or
method that may be required or allowed under the rules of the relevant game
(as approved under section 66 (1)),
(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 unless the game rules require or
provide for another method,
(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 by any other means,
(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 regulations or the game rules
specifically permit payment by cash, cheque, non-monetary prize or other
means,
(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 persons outside the casino 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.
Note—
The requirements in subsection (2) are subject to
the operation of the Anti-Money Laundering and Counter-Terrorism Financing Act
2006 of the Commonwealth.
(3)
In this section, secondary
gaming equipment means gaming equipment that is not an
intrinsic element of gaming and is of a class that the Authority has
identified as secondary gaming equipment by notice in writing to the casino
operator.
s 70: Am 1996 No 24,
Sch 1; 2000 No 57, Sch 1 [4]–[6]; 2001 No 127, Sch 4 [1]; 2010 No 16,
Sch 1 [16]–[23].
70AAdvertising in relation to
gaming machines
(1)
It is condition of a casino licence that the
casino operator must not publish any advertisement relating to gaming machines
or cause or permit any such advertisement to be
published.
(2)
The condition under subsection (1) does not apply
in relation to the casino licence until 6 months after this section
commences.
(3)
It is a condition of a casino licence that the
casino operator must not, after the commencement of this section, enter into
or extend the duration of any contract or arrangement for the publication of
any advertisement relating to gaming machines. Any such contract or
arrangement entered into or extended after the commencement of this section
has no effect.
(4)
Regardless of any other provision of this
section, any contract or arrangement for the publication of any advertisement
relating to gaming machines that was entered into before the commencement of
this section ceases to have effect 6 months after that
commencement.
(5)
In this section:
advertisement relating to gaming
machines means any advertisement that gives publicity to, or
otherwise promotes or is intended to promote, the playing of gaming machines
in the casino, but does not include an advertisement that is exempted from the
operation of this section by the regulations.
gaming
machine has the same meaning as in section 8
(5).
publish includes disseminate in any
way, whether by oral, visual, written or other means (for example
dissemination by means of cinema, video, radio, electronics, the Internet or
television or by means of promotional material, brochures or
flyers).
s 70A: Ins 2001 No
127, Sch 4 [2].
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.
(4)
This section does not apply in relation to the
Barangaroo restricted gaming facility.
s 71: Am 2013 No 100,
Sch 1 [28].
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 summary of
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]; 2009 No 48, Sch 1 [11].
72AProvision of problem gambling
counselling services
(1)
A casino operator must, in accordance with the
regulations, enter into arrangements for problem gambling counselling services
to be made available to the patrons of the casino.
Maximum penalty: 100 penalty
units.
(2)
The regulations may make provision for or with
respect to the following:
(a)
the persons or bodies who are to provide the
counselling services,
(b)
the nature of the arrangements to be made with
such persons or bodies,
(c)
the nature of the counselling services that are
to be made available,
(d)
the manner in which those services are to be
provided.
s 72A: Ins 2001 No
127, Sch 4 [3]. Am 2002 No 112, Sch 1.2 [1]–[3]; 2005 No 78, Sch 2
[1].
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).
(5)
Despite any other provision of this section, the
holder of a restricted gaming licence may, in the case of a person who is not
ordinarily resident in Australia, extend any form of credit to the person to
enable the person to participate in:
(a)
a premium player arrangement,
or
(b)
a junket within the meaning of section 76 that is
approved by the Authority.
s 74: Am 2013 No 100,
Sch 1 [29].
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 30 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]; 2009 No 48, Sch 1
[12].
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:
(a)
an arrangement involving a person (or a group of
people) who is introduced to a casino operator by a promoter who receives a
commission based on the turnover of play in the casino attributable to the
person or persons introduced by the promoter (or otherwise calculated by
reference to such play), or
(b)
an 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]; 2010 No 16, Sch 1 [24].
76A
s 76A: Ins 2001 No
127, Sch 4 [4]. Am 2002 No 18, Sch 2.1 [1]–[4]. Rep 2007 No 92, Sch 1
[7].
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.
(4A)
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 following a direction given under
section 81, cause notice of the order to be given to the Commissioner of
Police.
(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]; 2010 No 16, Sch 1 [25].
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)
The Commissioner of Police is to:
(a)
notify the appropriate authority in each State or
Territory of the making of an exclusion order following a direction given
under subsection (1) and the revocation of any such order,
and
(b)
provide the appropriate authorities with the name
of the person subject to the exclusion order and, where practicable, a
photograph of that person.
(9)
In this section:
appropriate authority means:
(a)
in relation to the Australian Capital
Territory—the Commissioner of the Australian Federal Police,
or
(b)
in relation to a State or Territory (other than
the Australian Capital Territory)—an authority exercising, in relation
to the police force of that State or Territory, functions corresponding to
those of the Commissioner of Police in relation to the NSW Police
Force.
s 81: Am 1997 No 137,
Sch 1 [5]; 2001 No 27, Sch 2 [6]; 2010 No 16, Sch 1 [26].
81ADirection to be made in
relation to exclusion orders in other States and
Territories
(1)
The Commissioner of Police is to give a direction
under section 81 (1) in relation to a person if the Commissioner becomes aware
that the person is subject to exclusion from another casino following the
giving of a similar direction under a corresponding law.
(2)
The direction is to be made as soon as
practicable after the Commissioner becomes aware that the similar direction
under a corresponding law has been given.
(3)
The Commissioner is to advise the Authority of
any direction given in accordance with this section as soon as
practicable.
(4)
A direction given in accordance with this section
in relation to a person cannot be revoked under section 82 while the person
remains subject to exclusion from another casino following the giving of a
similar direction under a corresponding law.
(5)
In this section:
another
casino means premises, or part of premises, defined as a
casino for the time being under an Act of another State, or a Territory,
corresponding to this Act.
corresponding law means a provision
of an Act of another State, or a Territory, corresponding to section
81.
s 81A: Ins 2010 No
16, Sch 1 [27].
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.
(4)
No civil or criminal liability is incurred by a
person to whom this section applies for any act done or omitted to be done in
good faith, and in accordance with this section, to or in respect of a
person.
(5)
This section does not limit or otherwise affect
the civil liability of a person for negligence that causes personal injury to
a person or the death of a person.
s 85: Am 2000 No 57,
Sch 1 [14]; 2010 No 16, Sch 1 [28].
85AProtection from
liability—exclusion of persons from casino
(1)
No civil liability is incurred by a protected
person for any loss arising from or in connection with gaming in a casino that
an excluded person suffers as a result of:
(a)
an innocent failure to prevent the excluded
person from entering or remaining in a casino, or
(b)
an innocent failure to remove the excluded person
from the casino.
(2)
A failure is an innocent failure only if the person
responsible for the failure did not know and did not have reasonable cause to
suspect, at the time of the failure, that the person concerned was an excluded
person.
(3)
In this section:
excluded
person means a person who is the subject of an exclusion
order.
protected
person means each of the following persons:
(a)
the person for the time being in charge of a
casino,
(b)
a casino operator,
(c)
an agent of a casino
operator,
(d)
a casino employee.
s 85A: Ins 2010 No
16, Sch 1 [29].
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 2007
(1)
The Liquor Act
2007 does not apply to or in respect of a casino, except
as provided by the regulations.
(2)
The regulations may apply to a casino, with or
without modification, specified provisions of the Liquor
Act 2007 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.
s 89: Am 2007 No 92,
Sch 1 [8]; 2013 No 100, Sch 1 [30].
89AApplication of Smoke-free Environment Act
2000
(1)
The Smoke-free
Environment Act 2000 does not apply to or in respect of
the Barangaroo restricted gaming facility on and from 15 November
2019.
(2)
However, the conditions imposed by the Authority
on a restricted gaming licence must:
(a)
require air quality equipment that is of an
international best practice standard to be installed, maintained and operated
in the Barangaroo restricted gaming facility, and
(b)
provide for an independent person appointed by
the holder of the licence to test the equipment on a quarterly basis and to
report annually to the Minister for Health on the result of those
tests.
(3)
The Minister for Health is to cause each annual
report under subsection (2) (b) to be tabled in both Houses of Parliament as
soon as practicable after receiving the report.
s 89A: Ins 2013 No
100, Sch 1 [31].
90
s 90: Am 1995 No 11,
Sch 1; 2001 No 93, Sch 3.2. Rep 2013 No 100, Sch 1 [32].