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—
AUSTRAC means the Australian
Transaction Reports and Analysis Centre.
Authority has the same
meaning as in 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.
cash—
(a)
means money in coins or notes,
and
(b)
does not include cheques, money orders or
electronic funds transfer or debt transactions.
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—see section 3A.
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 and liquor
legislation has the same meaning as in the Gaming and Liquor Administration Act
2007.
gaming equipment means
any device or thing (including chips) used, or capable of being used, for or
in connection with gaming.
gaming machine has the
same meaning as in the Gaming Machines Act
2001.
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.
NICC means the NSW Independent
Casino Commission established under section 133.
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.
premium player
arrangement means an arrangement in which a casino operator
offers to pay a patron of the casino a commission—
(a)
based on the patron’s turnover of play in
the casino, or
(b)
calculated by reference to the patron’s
turnover of play in the casino.
private gaming area
means an area in a casino that is approved by the NICC as a private gaming
area.
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.
related body
corporate has the same meaning as in the Corporations
Act 2001 of the Commonwealth.
Responsible Gambling
Fund means the Fund established under section
115.
restricted gaming
licence means a casino licence relating to the Barangaroo
restricted gaming facility.
Secretary means the Secretary
of the Department of Enterprise, Investment and Trade.
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)
(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]; 2018 No 8, Sch 1 [1]; 2020
No 30, Sch 3.9; 2022 No 36, Sch 1[1] [2]; 2022 No 59, Sch
3.8.
3AMeaning of “close
associate”
(1)
In this Act, a close associate, of a
casino operator or an applicant for a casino licence, means—
(a)
a related body corporate of the casino operator
or applicant, or
(b)
a person who holds an interest of 10% or more of
the share capital in—
(i)
the casino operator or applicant,
or
(ii)
a related body corporate of the casino operator
or applicant, or
(c)
a director or officer of—
(i)
the casino operator, or
(ii)
a related body corporate of the casino operator
or applicant, or
(iii)
a person who holds an interest of 10% or more of
the share capital in—
(A)
the casino operator or applicant,
or
(B)
a related body corporate of the casino operator
or applicant, or
(d)
a person who—
(i)
holds or will hold a relevant financial interest,
or is or will be entitled to exercise relevant power, whether in the
person’s own right or on behalf of another person, in the casino
operator’s or applicant’s business that is or will be carried on
under the authority of the licence, and
(ii)
because of that interest or power is or will be
able, in the NICC’s opinion, to exercise a significant influence over or
in relation to the management or operation of the business,
or
(e)
a person who holds or will hold a relevant
position, whether in the person’s own right or on behalf of another
person, in the casino operator’s or applicant’s business that is
or will be carried on under the authority of the
licence.
(2)
For this section, a financial institution is not
a close associate by reason only of having a relevant financial interest in
relation to a business.
(3)
In this section—
officer, of a related body
corporate, has the same meaning as in the Corporations Act
2001 of the Commonwealth.
relevant financial
interest, in relation to a business, means—
(a)
a share in the capital of the business,
or
(b)
an entitlement to receive income derived from the
business or to receive another financial benefit or financial advantage from
the carrying on of the business, whether the entitlement arises at law, in
equity or otherwise, or
(c)
an entitlement to receive rent, profit or other
income in connection with the use or occupation of premises on which the
business of the casino is carried on.
relevant position
means—
(a)
the position of director, manager or secretary,
or
(b)
another position, however designated, if it is an
executive position.
relevant power means any
power, whether exercisable by voting or otherwise and whether exercisable
alone or in association with others—
(a)
to participate in a directorial, managerial or
executive decision, or
(b)
to elect or appoint a person to a relevant
position.
s 3A: Ins 2022 No 36,
Sch 1[3].
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 Community Gaming Act
2018 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]; 2018 No 60, Sch 2.1.
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
(a1)
ensuring that each casino operator prevents money
laundering and terrorism financing activities within the operations of the
casino, and
(b)
ensuring that gaming in a casino is conducted
honestly, and
(b1)
minimising harm to individuals and families from
activities associated with gambling in casinos, 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]. Am 2022 No 36, Sch 1[4] [5].
4BObligations in relation to assessment of
suitability
(1)
This section applies if, under this Act, the NICC
is required to be satisfied of, or form an opinion about, the suitability of
an applicant for a licence, a casino operator, a close associate, a special
employee or another person (all relevant
persons)—
(a)
to be concerned in or associated with the
management or operation of a casino, or
(b)
to give effect to a casino licence and this
Act.
(2)
The onus is on the relevant person
to—
(a)
give the NICC clear and convincing evidence of
the relevant person’s suitability in relation to the assessment to be
made by the NICC, and
(b)
make a full and frank disclosure of any
information relevant to the assessment, including any information requested by
the NICC in relation to the assessment.
s 4B: Ins 2022 No 36,
Sch 1[6].
5, 5A
s 5: Rep 2022 No 36,
Sch 1[7].
s 5A: Ins 2013 No
100, Sch 1 [8]. Rep 2022 No 36, Sch 1[7].
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 NICC 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—1,000 penalty
units.
(4)
Despite subsections (1)–(3), a special
employee is not required to hold a licence if the employee holds a close
associate approval.
s 44: Subst 2010 No
16, Sch 1 [5]. Am 2022 No 36, Sch 1[43] [44].
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 issued in
compliance with internal controls approved for the casino under section
124.
Maximum penalty—20 penalty
units.
(2)
The NICC may exempt a person or a class of
persons from the requirements of this section.
s 45: Am 2018 No 8,
Sch 1 [4].
46Application for licence
(1)
An application for a licence is to be lodged with
the NICC in a form approved by the NICC and must be accompanied
by—
(a)
the fee prescribed by the regulations,
and
(b)
such documents (if any) as may be specified by
the NICC 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 NICC 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.
(3A)
The NICC may refer to the Commissioner of Police
details of the applicant, copies of any photographs, finger prints and palm
prints taken and any supporting information that the NICC considers
appropriate for referral to the Commissioner.
(3B)
The Commissioner of Police is to inquire into and
report to the NICC on such matters concerning the application as the NICC may
request.
(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]; 2018 No 8, Sch 1 [5] [6].
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 NICC 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 NICC 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 NICC have the capacity to significantly
affect, whether directly or indirectly, any operations in the
casino.
(2)
The NICC 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 NICC 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 NICC may allow) after that notice is
given.
Maximum penalty—
(a)
for the casino operator—1,000 penalty
units, or
(b)
otherwise—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
NICC incurs any liability because of such a termination.
s 47: Am 2010 No 16,
Sch 1 [8] [9]; 2022 No 36, Sch 1[45].
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 NICC 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 NICC has notified the applicant in writing that the NICC
does not require particulars of any change in the information concerned or
does not require particulars of the type of change
concerned.
49NICC may require further information
(1)
The NICC may, by notice in writing, require a
person who is an applicant for a licence or who, in the opinion of the NICC,
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 NICC such authorities and
consents as the NICC directs for the purpose of enabling the NICC 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 NICC 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.
50NICC to investigate applications
(1)
The NICC is to investigate and inquire into each
application for a licence.
(2)
If the NICC 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 NICC 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 NICC in
investigating and inquiring into an application for a licence are payable to
the Secretary by the applicant, unless the NICC determines otherwise in a
particular case.
(2)
The NICC may require part or full payment in
advance of the amount the NICC 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 NICC 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 NICC is not to grant a licence unless
satisfied that the applicant is a suitable person to hold a
licence.
(3)
For that purpose, the NICC is to make an
assessment (a suitability
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)
(3A)
In the case of an application for a licence that
will only authorise the exercise of functions that comprise the carrying on of
a security activity (within the meaning of the Security
Industry Act 1997) for which the applicant holds a licence
under that Act—
(a)
the NICC is entitled to determine the application
on the assumption that the applicant is a suitable person to hold a licence
and that a suitability assessment is not required, and
(b)
accordingly the NICC is not required to
investigate or inquire into the application.
(4)
The NICC 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 NICC 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]; 2018 No 8, Sch 1 [7]
[8].
53Conditions of licence
(1)
A licence is subject to any conditions imposed by
the NICC and notified in writing to the licensee by the NICC on the grant of
the licence or during its currency.
(2)
A condition of a licence may be varied,
substituted or revoked by the NICC by notice in writing to the licensee,
whether or not on application made to the NICC by the
licensee.
54Provisional licences
(1)
The NICC 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 NICC when granting the licence.
(3)
A provisional licence may be cancelled by the
NICC 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)
(d)
the licensee, by notice in writing, surrenders
the licence to the NICC, or
(e)
the expiration of 7 years after the grant of the
licence.
s 55: Am 1997 No 137,
Sch 1 [4]; 2009 No 48, Sch 1 [6]; 2018 No 8, Sch 1 [9] [10].
56Renewal of licence
(1)
A licensee may, not earlier than 1 month before
the expiration of his or her current licence, apply to the NICC 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 NICC and is not to be considered to have been made
unless accompanied by the fee prescribed by the
regulations.
(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.
s 56: Am 2018 No 8,
Sch 1 [11].
57
s 57: Rep 2010 No 16,
Sch 1 [13].
58Loss etc of licence
If the NICC is satisfied that a licence has been
lost, destroyed or damaged, the NICC may, on payment of the fee determined by
the NICC, issue a replacement licence.
59Disciplinary action against licensee
(1)
In this section—
disciplinary
action means—
(a)
for a licensee—
(i)
the service of a written notice on the licensee
censuring the licensee for action specified in the notice,
or
(ii)
suspension of the licensee’s licence for a
specified period, or
(iii)
cancellation of the licensee’s licence and
a prohibition on being granted a licence for a specified period,
or
(b)
for a former licensee—
(a)
the service of a written notice on the former
licensee censuring the former licensee for action specified in the notice,
or
(b)
a prohibition on being granted a licence for a
specified period.
grounds for disciplinary
action means any of the following grounds—
(a)
for a licensee—
(i)
the licensee’s licence was improperly
obtained because, at the time the licence was granted, there were grounds for
refusing to grant it, or
(ii)
the licensee has been convicted of an offence
against this Act, or
(iii)
the licensee has been convicted of an offence,
whether or not in New South Wales, punishable on conviction by imprisonment
for 3 months of more, whether or not in addition to a fine,
or
(iv)
the licensee has contravened a condition of the
licence, or
(v)
the licensee has failed to provide information
the licensee is required by this Act to provide or has provided information
knowing it to be false or misleading in a material particular,
or
(vi)
the licensee has become bankrupt, applied to take
the benefit of a law relating to bankrupt or insolvent debtors, has compounded
with the licensee’s creditors or made an assignment of the
licensee’s remuneration for the creditors’ benefit,
or
(vii)
in the NICC’s opinion the licensee is
otherwise not a suitable person to be the holder of the
licence,
(b)
for a former licensee—
(i)
the licence was improperly obtained because at
the time the licence was granted there were grounds for refusing to grant it,
or
(ii)
the former licensee was, while a licensee,
convicted of an offence against this Act, or
(iii)
the former licensee was, while a licensee,
convicted of an offence, whether or not in New South Wales, punishable on
conviction by imprisonment for 3 months or more, whether or not in addition to
a fine, or
(iv)
the former licensee, while a licensee,
contravened a condition of the licence, or
(v)
the former licensee, while a licensee, failed to
provide information the former licensee was required by this Act to provide or
provided information knowing it to be false or misleading in a material
particular, or
(vi)
the former licensee, while a licensee, became
bankrupt, applied to take the benefit of a law relating to bankrupt or
insolvent debtors, compounded with the former licensee’s creditors or
made an assignment of the former licensee’s remuneration for the
creditors’ benefit.
former licensee means a
person who held but not longer holds a licence.
(2)
The NICC may make such inquiries as it thinks fit
into the question of whether there are grounds for disciplinary action against
a licensee or former licensee.
(3)
If as a consequence of such an inquiry the NICC
proposes to take disciplinary action against the licensee or former
licensee—
(a)
the NICC is to give the licensee or former
licensee notice of the proposal and at least 14 days to make submissions to
the NICC on the matter, and
(b)
the NICC may by written direction to the licensee
or former licensee suspend the licensee’s licence for a maximum period
of 90 days pending the NICC’s decision on the matter and may revoke any
such suspension.
(4)
The NICC is to consider the results of its
inquiries and any submissions made by the licensee or former licensee within
the time allowed and is to decide whether to take disciplinary action against
the licensee or former licensee.
(5)
If the NICC decides that there are grounds for
disciplinary action against a licensee or former licensee, the NICC may take
the action and does so by giving notice in writing of the action to the
licensee or former 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 NICC is not to take action under this section
unless a member of the NICC 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
NICC at which the decision to take the action is made.
(8)
The NICC is not required to give reasons for its
decision to take disciplinary action against a licensee or former licensee
under this section but may give reasons if it thinks
fit.
(9)
The NICC is to notify the Commissioner of Police
of any disciplinary action taken against a licensee under this section if the
NICC is aware that the licensee is the holder of a licence under the Security Industry Act
1997.
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]; 2018 No 8, Sch 1 [12]; 2022 No 36, Sch
1[46] [47].
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 NICC 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 NICC 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 NICC 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 NICC 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
NICC, in a form approved by the NICC, of the commencement of the exercise of
those functions, and
(b)
not less than twice each year, on dates specified
by the NICC submit to the NICC, in a form approved by the NICC, a list of the
licensed employees having functions in or in relation to the casino,
and
(c)
within 48 hours after a licensed employee ceases
to have functions in or in relation to the casino—notify the NICC, in a
form approved by the NICC, of the cessation of the exercise of those
functions.
(2)
The NICC 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]; 2022 No 36, Sch 1[48].
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 NICC in writing of the prescribed particulars
relating to the change within 14 days after it takes place.
Maximum penalty—50 penalty
units.
s 63: Am 2018 No 7,
Sch 1.3 [1].
64Training courses and certificates of competency for
employees and certain close associates
(1)
Certificates of competency for the functions of
special employees and certain close associates 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 or close
associate only if satisfied that—
(a)
the person has completed training in those
functions and the following training provided by the casino
operator—
(i)
responsible practices for the conduct of
gaming,
(ii)
prevention of money laundering and terrorism
financing activities within the operations of the casino,
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 the
following—
(i)
responsible practices for the conduct of
gaming,
(ii)
prevention of money laundering and terrorism
financing activities within the operations of the
casino.
(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—
(a)
has been approved by the NICC,
or
(b)
complies with any standards or requirements set
by the NICC from time to time.
(4)
A certificate of competency must specify the
functions of a special employee or close associate 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 NICC provide the NICC 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]. Am 2022 No 36, Sch
1[49]–[54].
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
65Approval of facilities and equipment for monitoring and
surveillance
It is a condition of a casino licence
that—
(a)
the facilities and equipment provided for persons
conducting monitoring and surveillance of operations in the casino must be to
a standard approved by the NICC, and
(b)
the location and orientation of those facilities
and equipment must be as approved by the NICC, and
(c)
any footage recorded by means of closed-circuit
television in conducting monitoring and surveillance of operations in the
casino must be kept for—
(i)
the period provided in the casino’s
internal controls, or
(ii)
otherwise—for at least 3 months after the
day the footage is recorded.
s 65: Am 2009 No 48,
Sch 1 [8] [9]; 2013 No 100, Sch 1 [24]. Subst 2018 No 8, Sch 1 [13]. Am 2022
No 36, Sch 1[55].
66Approval of games and rules for games
(1)
The NICC 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 casino’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 NICC by order under this section in relation to the Barangaroo restricted
gaming facility—
(a)
baccarat,
(b)
blackjack,
(c)
roulette.
(3B)
The NICC may, by order in writing, approve the
rules for those games that are taken to be approved by the NICC 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]; 2018 No 8, Sch 1 [14].
67
s 67: Am 2013 No 100,
Sch 1 [27]. Rep 2018 No 8, Sch 1 [15].
68Approval of gaming equipment
(1)
The NICC 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 NICC by notice in writing to the casino
operator.
(3)
The NICC 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 NICC and it is in a casino with the approval of the NICC or
the circumstances of its possession are such as have been approved by the NICC
generally or in a particular case.
69Unsatisfactory gaming equipment
(1)
The NICC 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—
(i)
in money to the value of the chips,
or
(ii)
by chip purchase voucher that, on payment of the
amount shown on the voucher, was issued by or on behalf of the casino
operator, or
(iii)
in reward points or by another similar
promotional method, or
(iv)
in another way required by or provided for in the
game rules,
(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 NICC, 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.
(1AA)
A casino operator must not allow the issue of
chips for gaming in the casino other than—
(a)
between a casino employee and a patron,
and
(b)
at a gaming table or in a casino
cage.
Maximum penalty—1,000 penalty
units.
(1AB)
A casino employee must not issue chips for gaming
in the casino other than at a gaming table or in a casino cage.
Maximum penalty—100 penalty
units.
(1AC)
Subclauses (1AA) and (1AB) do not apply to chips
issued for use—
(a)
in a tournament, or
(b)
for training purposes.
(1AD)
The regulations may provide for matters relating
to the issue of chips in casino cages.
(1A)
A casino operator is permitted to provide
complimentary chip purchase vouchers to a person who is a patron of a private
gaming area, a participant in a premium player arrangement, or a patron of the
Barangaroo restricted gaming facility, and the following provisions apply in
respect of any such complimentary chip purchase voucher—
(a)
chips may be issued for gaming in the casino that
are paid for by means of a complimentary chip purchase
voucher,
(b)
wagers may be placed in the casino by means of a
complimentary chip purchase voucher (not just by means of chips paid for by
means of a complimentary chip purchase voucher).
(2)
The requirements for the exchange and redemption
of chips (other than chips issued for use in a tournament or for training
purposes) 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 (other than
complimentary 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,
(c1)
a complimentary chip purchase voucher must not be
wholly or partly redeemed for money or a cheque,
(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 NICC,
(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 NICC 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]; 2018 No 8, Sch 1 [16]–[19]; 2022 No 36, Sch
1[56]–[58].
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.
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]. Am 2022 No 36, Sch 1[59].
71Visibility of gaming machines and gaming-related
signs
(1)
A casino operator must ensure that the following
are not visible outside the boundary of the casino—
(a)
gaming machines,
(b)
gaming-related signs.
Maximum penalty—500 penalty
units.
(2)
Subsection (1) does not apply to—
(a)
signs that promote responsible gambling,
or
(b)
advertising that is excluded from the operation
of this section by the regulations.
s 71: Am 2013 No 100,
Sch 1 [28]. Rep 2018 No 8, Sch 1 [20]. Ins 2022 No 36, Sch
1[60].
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 NICC,
and
(c)
a summary of the game rules in respect of a game
played in the casino is provided to a casino patron on request, being a
summary that is not misleading and includes a statement indicating that it is
only a summary of the game rules, 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
(with such a sign not being required at an electronic gaming terminal if the
terminal display indicates the permissible minimum and maximum wagers for the
game concerned), and
(e)
any change to a minimum wager to a higher minimum
wager in respect of a game at a table or location does not apply for at least
20 minutes to a player who is playing at the table or location at the time of
the change.
(2)
The NICC 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]; 2018 No 8, Sch 1
[21]–[23].
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—1,000 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];
2022 No 36, Sch 1[61].
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 by means of a complimentary chip purchase voucher as
permitted by section 70), 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
(c1)
provide money or chips as part of a transaction
involving a debit card unless the transaction complies with the requirements
prescribed by the regulations, or
(d)
extend any other form of
credit.
(e)
(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 subsection (1), a casino operator, or an
agent of the operator or a casino employee, may, for a person who is not
ordinarily resident in Australia, extend a form of credit to the person to
enable the person to participate in a premium player
arrangement.
s 74: Am 2013 No 100,
Sch 1 [29]; 2018 No 8, Sch 1 [24]–[29]; 2022 No 36, Sch
1[63]–[65].
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.
related casino
operator means a casino operator in another State or
Territory that is related (within the meaning of the Corporations Act
2001 of the Commonwealth) to a casino operator under this
Act.
(2)
A person may establish with a casino operator 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 debit to a deposit account
established with the casino operator or with a related casino operator an
amount to the value of chip purchase vouchers issued to, money paid to or a
cheque made payable to the account holder by the casino operator, but not so
as to cause the account to be overdrawn at any time.
(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)
(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]; 2018 No
8, Sch 1 [30]–[33].
76Inducements
(1)
The regulations may make provision for or with
respect to regulating or prohibiting—
(a)
(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 offer inducements,
and
(b)
(c)
require any contract or other agreement that
relates to the offer of an inducement to be in a form and contain provisions
approved of by the NICC, and
(d)
(3)
s 76: Am 1999 No 49,
Sch 1 [2]; 2001 No 27, Sch 2 [3]; 2010 No 16, Sch 1 [24]; 2018 No, 8, Sch 1
[34]; 2022 No 36, Sch 1[66]–[71].
76APromotional prizes
(1)
A casino operator—
(a)
must not offer or present a promotional prize in
the form of cash, or
(b)
must not permit a patron of the casino to
exchange a promotional prize for cash, or
(c)
must not permit bonus or reward points
accumulated under a player reward scheme to be redeemed for cash,
or
(d)
must not offer or provide, or cause or permit to
be offered or provided, a promotional prize, including a free giveaway, that
is indecent or offensive,
(e)
must provide each participant in the player
reward scheme information about problem gambling counselling services
available to patrons of the casino under section
72A.
Maximum penalty—1,000 penalty
units.
(2)
Subsection (1) does not apply in relation to
prizes prescribed by the regulations for this section.
(3)
If a casino operator conducts a player reward
scheme, the casino operator must, in accordance with the
regulations—
(a)
advise the participants in the scheme of the
availability of player activity statements that relate to the placing of
wagers under the scheme, and
(b)
give each participant a player activity
statement.
Maximum penalty—1,000 penalty
units.
(4)
In this section—
player reward
scheme means a system—
(a)
used in connection with the placing of wagers in
the casino, and
(b)
in which a person can accumulate bonus or reward
points from the placing of wages.
promotional prize
means a prize or reward, including bonus points, offered by the casino
operator to the patrons of the casino in connection with—
(a)
a player reward scheme, or
(b)
another marketing or promotional activity that
involves placing wagers.
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]. Ins 2022 No 36, Sch 1[72].
76BProhibition on junkets and
inducements
(1)
It is a condition of a licence that the casino
operator must not—
(a)
promote or conduct junkets,
or
(b)
pay a commission, or another financial or
non-financial benefit to a person not playing at the casino by reference to
another person’s turnover of play or another gambling
metric.
(2)
In this section—
junket means an arrangement
involving a person, or a group of persons, introduced to a casino operator by
a promoter who receives a commission—
(a)
based on the turnover of play in the casino
attributable to the person or group of persons introduced by the promoter,
or
(b)
otherwise calculated by reference to play in the
casino.
s 76B: Ins 2022 No
36, Sch 1[72].
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 or on, a
casino or a part of a casino to exercise functions conferred or imposed on the
inspector by—
(a)
this Act, or
(b)
the NICC, or
(c)
other liquor and gaming legislation,
or
(d)
another Act.
s 77: Am 2022 No 36,
Sch 1[73].
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
NICC 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 NICC 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 NICC or the casino operator or the person for
the time being in charge of the casino may, by order in writing (an exclusion order) given
to a person, prohibit the person from entering or remaining in a
casino.
(2)
(3)
The NICC or a casino operator must give an
exclusion order to a person on the person’s voluntary application to the
NICC or casino operator and the following provisions apply in respect of a
voluntary application for an exclusion order—
(a)
the application must be in writing and the
person’s signature on it must be witnessed in a manner determined by the
NICC,
(b)
a voluntary application can relate to either or
both casinos,
(c)
a voluntary application relating to both casinos
can be made to the NICC or to either casino operator,
(d)
a voluntary application relating to both casinos
that is made to a casino operator is to be notified by the casino operator to
the other casino operator without delay and is to be dealt with by the casino
operators as if made to each of them.
(4)
If a person is given an exclusion order,
including an exclusion order on the person’s voluntary application or at
the direction of the Commissioner of Police, it is a condition of a casino
licence that the casino operator must—
(a)
if the exclusion order was given by the casino
operator or the person for the time being in charge of the casino, give notice
of the order to the other casino operator as soon as practicable after the
exclusion order is given, and
(b)
cancel a player card of the person subject to the
exclusion order, and
(c)
ensure a player card is not issued to the person
subject to the exclusion order unless written permission for the issue of the
card to the person is given by—
(i)
the NICC, or
(ii)
Commissioner of
Police.
(4A)
It is a condition of a casino licence that the
casino operator must, as soon as practicable after an exclusion order is given
to a person 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]; 2018 No 7, Sch 1.3 [2]; 2018 No 8,
Sch 1 [35]–[38]; 2022 No 36, Sch 1[74].
80Review of exclusion order
(1)
(1A)
An exclusion order given by the NICC, 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.
(1B)
A person who is given an exclusion order by the
casino operator on application made by another party who considers the person
has a problem from gambling activities may apply to the casino operator for
review of the order.
(2)
An application for review must be made in writing
and must specify the grounds on which it is made.
(2A)
The casino operator must review the exclusion
order and notify the applicant in writing of its decision within 14 days (or
such other period as may be prescribed by the regulations) of receiving the
application.
(2B)
An exclusion order that the casino operator
allows to stand may be reviewed by the NICC on application made to it by the
person to whom the order applies within 14 days after receiving notice of the
decision to allow it to stand.
(3)
The NICC may make such inquiries as it thinks fit
into the question of whether or not the exclusion order should be
overruled.
(4)–(5A)
(6)
If the decision of the NICC 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
casino operator’s or the NICC’s decision on the
application.
s 80: Am 1999 No 49,
Sch 1 [3]; 2001 No 27, Schs 1 [18]–[20], 2 [4] [5]; 2018 No 7, Sch 1.3
[3]–[7].
81Commissioner of Police may direct that person be excluded
from casino and casino precinct
(1)
The Commissioner of Police may direct that a
person be given an exclusion order by giving a direction to both casino
operators to give the person or cause the person to be given an exclusion
order and it is a condition of each casino licence that the casino operator
must comply with the direction.
Note—
Such a direction must be given to both casino
operators so that the person will be banned from both
casinos.
(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 the whole or a
specified part of specified premises that form part of or are in the immediate
vicinity of the building or complex of which a casino forms part to be the
casino precinct for the
purposes of this section and this section then has effect as if the casino
precinct formed part of the casino.
(5)
(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]; 2018 No 8, Sch 1
[39] [40].
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 NICC 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.
(3A)
The following requirements apply to the
revocation of an exclusion order given on the voluntary application of a
person under section 79 (3)—
(a)
the order cannot be revoked except on the written
application of the person,
(b)
the person cannot apply for revocation of the
order within 6 months (or such other period as may be prescribed by the
regulations) after the order was given.
(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 NICC as soon as practicable
after it occurs.
Maximum penalty—500 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]; 2018 No 8, Sch 1 [41]; 2022 No 36, Sch 1[75].
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 NICC 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 on request by the NICC or an inspector provide the NICC
or the inspector, as soon as practicable after the request is made, with a
copy of the list referred to in subsection (1) that bears the date of the day
on which the request is made.
(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 NICC,
(f)
the Commissioner of Police,
or
(g)
a person approved by the NICC 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]; 2018 No 8, Sch 1
[42].
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].
84ACasino operator to take all reasonable steps to prevent
excluded person entering casino
A casino operator must take all reasonable steps
to prevent a person the subject of an exclusion order for the casino from
entering the casino.
Maximum penalty—500 penalty
units.
s 84A: Ins 2022 No
36, Sch 1[76].
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—
(a)
for the person for the time being in charge of
the casino—500 penalty units, and
(b)
for an agent of the casino operator—500
penalty units, and
(c)
for a casino employee—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.
(6)
This section does not authorise or require a
person to be removed from or prevented from entering any part of the casino
precinct (declared by the regulations under section 81) unless that part of
the casino precinct is under the control or management of the casino
operator.
(7)
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 that extends to the casino precinct is in any
part of the casino precinct that is not under the control or management of the
casino operator, notify a police officer of that fact.
Maximum penalty—20 penalty
units.
s 85: Am 2000 No 57,
Sch 1 [14]; 2010 No 16, Sch 1 [28]; 2018 No 8, Sch 1 [43]; 2022 No 36, Sch
1[77].
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.
86AWagering by minors and excluded persons
prohibited
(1)
A person is prohibited from making any wager in a
casino if the person is a minor or is the subject of an exclusion order for
the casino.
(2)
A person is not entitled to any winnings from a
successful wager in a casino that the person is prohibited from making by this
section and those winnings are forfeited to the casino operator by operation
of this section. The winnings from a wager do not include the amount
wagered.
(3)
A casino operator must pay the amount of any
winnings forfeited to the casino operator by operation of this section into
the Responsible Gambling Fund within 3 months after the winnings are
forfeited.
Maximum penalty—500 penalty
units.
(4)
For the purposes of this section, winnings includes any prize
(whether monetary or non-monetary) and winnings in the form of credits on
gaming machines or electronic gaming tables. The amount of any non-monetary
prize is the monetary value of the non-monetary prize.
s 86A: Ins 2018 No 8,
Sch 1 [44]. Am 2022 No 36, Sch 1[78].
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.
(2A)
To avoid doubt, the regulations may, in applying
the specified provisions of the Liquor Act
2007, provide for the matters for which regulations may be
made under the applied provisions of the Liquor Act
2007.
(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; No 128 of 26.11.1997, p 9467 and No 328 of
20.11.2020, n2020-4564. From April 2021, PCO is no longer updating notes in
provisions of in force titles about related gazette notices. To search for
related gazette notices, please use the Gazette Search
functionality.
(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]; 2021 No 32, Sch 1.1[1].
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 NICC 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].
90Unclaimed winnings
(1)
A casino operator must pay the amount of any
unclaimed winnings from games played in the casino into the Responsible
Gambling Fund within 3 months after the winnings become unclaimed
winnings.
Maximum penalty—500 penalty
units.
(2)
Winnings become unclaimed winnings if they are
not claimed within 12 months after a win. Unclaimed winnings are not subject
to any deduction for the amount wagered.
(3)
For the purposes of this section, winnings includes any prize
(whether monetary or non-monetary) and winnings in the form of credits on
gaming machines or electronic gaming tables. The amount of any non-monetary
prize is the monetary value of the non-monetary prize.
s 90: Am 1995 No 11,
Sch 1; 2001 No 93, Sch 3.2. Rep 2013 No 100, Sch 1 [32]. Ins 2018 No 8, Sch 1
[49]. Am 2022 No 36, Sch 1[79].
Part 11General
155Appeals
(1)
Except as otherwise provided in this section, a
decision of the NICC under this Act is final and is not subject to appeal or
review.
(2)
A person aggrieved by a decision of the NICC to
cancel or suspend a casino licence or to amend the conditions of a casino
licence may appeal from the decision to the Supreme Court on a question of
law.
(3)
The Supreme Court is to hear and determine the
appeal and make such order as it thinks appropriate by reason of its decision,
including, without limiting the Court’s power to make such
orders—
(a)
an order affirming or setting aside the decision
of the NICC, and
(b)
an order remitting the matter to the NICC to
decide again in accordance with the directions of the
Court.
(4)
Proceedings or an appeal in respect of a decision
of the NICC do not operate to stay the decision appealed from unless the
Supreme Court otherwise orders.
156No compensation payable
(1)
No compensation is payable by or on behalf of the
Crown by reason, or on the occurrence, of regulatory action that has an effect
on the following—
(a)
a casino licence or casino
operator,
(b)
a relevant person,
(c)
another matter connected to the management or
operation of a casino.
(2)
This section has effect despite—
(a)
another provision of this Act,
or
(b)
any other Act or law, or
(c)
any other instrument, including an agreement to
which the Crown and a casino operator are parties.
(3)
In this section—
compensation
includes—
(a)
damages, and
(b)
another form of monetary compensation,
and
(c)
any other amount, whether described as
compensation or not, payable under an instrument, including an agreement to
which the Crown and a casino operator are parties, and
(d)
liability to make payments under an instrument,
including an agreement, to which the Crown and a casino operator are parties
on occurrence of events specified in the
instrument.
Crown—
(a)
means the Crown within the meaning of the Crown Proceedings Act 1988,
and
(b)
includes an officer, employee or agent of the
Crown.
regulatory action
means the following—
(a)
the introduction of a bill for, or the enactment
or operation of, any of the following Acts—
(i)
the Casino Legislation Amendment Act
2022,
(ii)
another Act that amends this Act or the Gaming and Liquor Administration Act
2007,
(iii)
another Act that provides for or deals with the
operation or regulation of casinos,
(b)
the recommendation to make, or the making of,
regulations under any of the following Acts—
(i)
this Act,
(ii)
the Gaming and Liquor
Administration Act 2007,
(iii)
another Act that provides for or deals with the
operation or regulation of casinos, or
(c)
the exercise of statutory functions under any of
the following Acts, including the exercise of regulatory or supervisory powers
under instruments approved or created under the Acts—
(i)
this Act,
(ii)
the Gaming and Liquor
Administration Act 2007,
(iii)
another Act that provides for or deals with the
operation or regulation of casinos.
relevant person
means—
(a)
a close associate, or former close associate, of
a casino operator, or
(b)
a casino employee or former casino employee,
or
(c)
another person who is or was concerned in, or
otherwise connected to, the management or operation of a
casino.
s 156: Am 2013 No
100, Sch 1 [34]. Subst 2022 No 36, Sch 1[99].
157
s 157: Am 2001 No 27,
Sch 1 [38]. Rep 2007 No 92, Sch 1 [11].
158Disclosure of spent convictions
(1)
Section 12 (Consequences of conviction becoming
spent) of the Criminal Records Act
1991 does not apply in relation to an application for a
casino licence or a licence under Part 4 (Licensing of casino
employees).
(2)
s 158: Am 2007 No 92,
Sch 1 [22].
159Destruction of finger prints etc
(1)
Any finger prints or palm prints obtained by the
NICC under this Act and any copies of them must be destroyed by the NICC as
soon as the NICC has no further use for them.
(2)
The NICC is to be considered to have no further
use for them when—
(a)
they were obtained in connection with an
application for a licence under this Act and the application is refused,
or
(b)
the licence in connection with which they were
obtained is cancelled or surrendered (but is to be considered to have further
use for them whenever the licence is in force).
(3)
A person who in connection with an application
for a licence under this Act has possession of finger prints or palm prints
obtained by or on behalf of the NICC under this Act, or copies of them, must
deliver them to the NICC, in accordance with the directions of the NICC, so as
to enable the NICC to comply with subsection (1).
Maximum penalty—20 penalty
units.
160Records not kept in writing
(1)
This section applies to a record
that—
(a)
is not in writing, or
(b)
is not written in the English language,
or
(c)
is not decipherable on
sight.
(2)
A requirement under this Act to produce a record
is, in the case of a record to which this section applies, to be considered to
be a requirement to produce (in addition to the record if it is in writing or
instead of the record if it is not in writing) a statement written in the
English language and decipherable on sight containing the whole of the
information in the record.
161
s 161: Rep 2007 No
92, Sch 1 [11].
162Forgery etc
A person must not—
(a)
forge or counterfeit chips, a chip purchase
voucher, a licence under this Act, an inspector’s form of identification
or a special employee’s form of identification, or
(b)
knowingly utter counterfeit chips or knowingly
utter a forged or counterfeit chip purchase voucher, licence under this Act,
inspector’s form of identification or special employee’s form of
identification, or
(c)
personate the holder of such a licence or form of
identification, or
(d)
falsely represent himself or herself to be an
inspector or other key official, or
(e)
connive at any such forging, counterfeiting,
uttering, personating or representing.
Maximum penalty—100 penalty units or
imprisonment for 2 years, or both.
163Conduct in casino
(1)
A casino operator must not—
(a)
permit intoxication within the gaming area of the
casino, or
(b)
permit any indecent, violent or quarrelsome
conduct within the gaming area of the casino, or
(c)
permit an intoxicated person to gamble in the
casino.
Maximum penalty—1,000 penalty
units.
(2)
A member of the staff of a casino must
not—
(a)
sell or supply liquor to an intoxicated person
who is in the gaming area of the casino, or
(b)
permit an intoxicated person to gamble in the
casino.
Maximum penalty—20 penalty
units.
(3)
If a person within the gaming area of a casino is
intoxicated, the casino operator is taken to have permitted intoxication
within the gaming area unless it is proved that the casino operator took all
reasonable steps to prevent intoxication within the gaming
area.
s 163: Am 2022 No 36,
Sch 1[100].
164Simulated gaming allowed for certain
purposes
(1)
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 casino operator has given notice to the NICC
of the operator’s intention to conduct gaming on a simulated basis,
and
(b)
no money is used and no chips are used in place
of money.
(2)
Despite the provisions of any other law, the
possession and use of gaming equipment as authorised by subsection (1) is
lawful.
s 164: Rep 2007 No
92, Sch 1 [11]. Ins 2010 No 16, Sch 1 [32].
165
s 165: Rep 2007 No
92, Sch 1 [11].
166Evidence
In proceedings under this Act—
(a)
a document purporting to be a copy of, or extract
from, a list of names current under section 83 (List of excluded persons) on a
specified day is evidence that those names were included in the list of names
current under that section on that day, and
(b)
a document purporting to be a copy of a
direction, notice, order, requirement or decision given or made under this Act
is evidence of the direction, notice, order, requirement or decision of which
it purports to be a copy, and
(c)
a certificate purporting to be signed by a member
of the NICC and certifying that a particular person was or was not the holder
of a particular licence under this Act on a particular day is evidence of the
matter certified, and
(d)
a certificate purporting to be signed by a member
of the NICC and certifying as to the reasonable costs incurred by the NICC in
investigating and inquiring into an application for a licence is evidence of
the matter certified, and
(e)
a certificate purporting to be signed by a member
of the NICC and certifying that at a particular time particular conditions
were the conditions of a particular licence under this Act is evidence of the
matter certified, and
(f)
a document purporting to be a copy of a licence
under this Act is evidence of the licence of which it purports to be a copy,
and
(g)
evidence that a person accepted service of a
document is evidence of the authority of the person to accept service of the
document.
s 166: Am 2001 No 27,
Sch 1 [39].
166ADelegation by Secretary
The Secretary may delegate to any Public Service
employee any of the Secretary’s functions under this Act (other than
this power of delegation).
s 166A: Ins 2017 No
20, Sch 2.1 [7]
167Liability of directors etc for offences by
corporation—offences attracting executive
liability
(1)
A person commits an offence against this section
if—
(a)
a corporation commits an executive liability
offence, and
(b)
the person is—
(i)
a director of the corporation,
or
(ii)
an individual who is concerned in the management
of the corporation or who is otherwise in a position to influence the conduct
of the corporation in relation to the commission of the executive liability
offence, and
(c)
the person—
(i)
knows or ought reasonably to know the executive
liability offence, or an offence of the same type, would be or is being
committed, and
(ii)
fails to take all reasonable steps to prevent or
stop the commission of that offence.
Maximum penalty—The maximum penalty for the
executive liability offence if committed by an
individual.
(2)
The prosecution bears the legal burden of proving
the elements of the offence against this section.
(3)
The offence against this section can only be
prosecuted by a person who can bring a prosecution for the executive liability
offence.
(4)
This section—
(a)
does not affect the liability of the corporation
for the executive liability offence, and
(b)
applies whether or not the corporation is
prosecuted for, or convicted of, the executive liability
offence.
(5)
This section does not affect the application of
any other law relating to the criminal liability of persons, whether or not
directors or other managers of the corporation, who are—
(a)
accessories to the commission of the executive
liability offence, or
(b)
otherwise concerned in, or party to, the
commission of the executive liability offence.
(6)
In this section—
director has the same
meaning as in the Corporations Act 2001 of the
Commonwealth.
executive liability
offence means an offence against a provision of gaming and
liquor legislation that is committed by a corporation.
reasonable steps, in
relation to the commission of an executive liability offence, includes action
of the following kinds that is reasonable in all the
circumstances—
(a)
action towards—
(i)
assessing the corporation’s compliance with
the provision creating the executive liability offence,
and
(ii)
ensuring the corporation arranged regular
professional assessments of its compliance with the
provision,
(b)
action towards ensuring the corporation’s
employees, agents and contractors are given information, training, instruction
and supervision appropriate to them to enable them to comply with the
provision creating the executive liability offence so far as the provision is
relevant to them,
(c)
action towards ensuring that any of the following
relevant to compliance with the provision creating the executive liability
offence are appropriate in all the circumstances—
(i)
the plant, equipment and other
resources,
(ii)
the structures, work systems and other
processes,
(d)
action towards creating and maintaining a
corporate culture that does not direct, encourage, tolerate or lead to
non-compliance with the provision creating the executive liability
offence.
s 167: Subst 2022 No
36, Sch 1[101].
167ALiability of directors etc for offences by
corporation—accessory to the commission of the
offences
(1)
A person commits an offence against this section
if—
(a)
a corporation commits a corporate offence,
and
(b)
the person is—
(i)
a director of the corporation,
or
(ii)
an individual who is concerned in the management
of the corporation and who is in a position to influence the conduct of the
corporation in relation to the commission of the corporate offence,
and
(c)
the person—
(i)
aids, abets, counsels or procures the commission
of the corporate offence, or
(ii)
induces, whether by threats or promises or
otherwise, the commission of the corporate offence, or
(iii)
conspires with others to effect the commission of
the corporate offence, or
(iv)
is in any other way, whether by act or omission,
knowingly involved in, or party to, the commission of the corporate
offence.
Maximum penalty—The maximum penalty for the
corporate offence if committed by an individual.
(2)
The prosecution bears the legal burden of proving
the elements of the offence against this section.
(3)
The offence against this section can only be
prosecuted by a person who can bring a prosecution for the corporate
offence.
(4)
This section—
(a)
does not affect the liability of the corporation
for the corporate offence, and
(b)
applies whether or not the corporation is
prosecuted for, or convicted of, the corporate
offence.
(5)
This section does not affect the application of
any other law relating to the criminal liability of persons, whether or not
directors or other managers of the corporation, who are involved in, or party
to, the commission of the corporate offence.
(6)
In this section—
corporate offence
means an offence against this Act or the regulations that is capable of being
committed by a corporation.
s 167A: Ins 2022 No
36, Sch 1[101].
168Prosecution for offences
(1)
Proceedings for an offence against this Act are
to be disposed of summarily before the Local Court.
(2)
Despite subsection (1), an offence against
section 150 (Bribery) is to be dealt with summarily before the Local Court
only—
(a)
if the prosecutor proposes that it be so dealt
with, and
(b)
while the Local Court is satisfied that it is
proper for the offence to be so dealt with.
(3)
In any other case, an offence against section 150
is to be dealt with as an indictable offence.
(3A)
Proceedings for an offence against this Act must
be commenced not later than 3 years after the date on which evidence of the
alleged offence first came to the attention of the NICC or an
inspector.
(4)
Proceedings for an offence against this Act may
be instituted only by—
(a)
(b)
the Director of Public Prosecutions or the
Commissioner of Police or a person acting with the written authority of either
of them, given generally or in relation to the particular case,
or
(c)
any person acting with the written authority of
the NICC given generally or in relation to the particular case,
or
(d)
the Secretary or a person acting with the written
authority of the Secretary, given generally or in relation to the particular
case.
(5)
A person who claims to have the written authority
of the Director of Public Prosecutions, the Commissioner of Police, the NICC
or the Secretary to institute proceedings for an offence against this Act is
presumed to have that authority unless the contrary is
proved.
(6)
This Act does not operate to exclude the
prosecution of a person otherwise than under this Act, but a person is not, in
relation to substantially the same acts or omissions, liable to be prosecuted
both under this Act and under any other Act or any law.
s 168: Am 2001 No 27,
Sch 1 [40]; 2001 No 121, Sch 2.29 [2]; 2007 No 94, Sch 2; 2015 No 56, Sch 2
[2] [3]; 2017 No 20, Sch 2.1 [8]; 2022 No 36, Sch 1[102].
168APenalty notices
(1)
An authorised officer may issue a penalty notice
to a person if it appears to the officer that the person has committed a
penalty notice offence.
(2)
A penalty notice offence is an offence against
this Act or the regulations that is prescribed by the regulations as a penalty
notice offence.
(3)
The Fines Act
1996 applies to a penalty notice issued under this
section.
Note—
The Fines Act
1996 provides that, if a person issued with a penalty
notice does not wish to have the matter determined by a court, the person may
pay the amount specified in the notice and is not liable to any further
proceedings for the alleged offence.
(4)
However—
(a)
section 22A (1) of the Fines Act 1996 does not apply in
relation to disciplinary action under section 23 or 59 of this Act,
and
(b)
despite section 22A (2) of the Fines Act 1996, when an amount is paid
under this section in respect of a penalty notice issued to a person, the
person is—
(i)
for the purposes of section 23 of this
Act—taken to have contravened the provision of this Act to which the
penalty notice relates, or
(ii)
for the purposes of section 59 of this
Act—taken to have been convicted of the offence to which the penalty
notice relates.
(5)
The amount payable under a penalty notice issued
under this section is the amount prescribed for the alleged offence by the
regulations (not exceeding the maximum amount of penalty that could be imposed
for the offence by a court).
(6)
This section does not limit the operation of any
other provision of, or made under, this or any other Act relating to
proceedings that may be taken in respect of offences.
(7)
In this section, authorised
officer means a police officer or an
inspector.
s 168A: Ins 2000 No
57, Sch 1 [23]. Am 2001 No 27, Sch 1 [41]; 2010 No 16, Sch 1 [33]. Subst 2017
No 63, Sch 3.1.
169Forfeiture of offending articles
(1)
If a person commits an offence under this Act
involving the unlawful use or possession of any gaming equipment or any other
article or thing, the court before which the person is convicted may order the
equipment, article or thing to be forfeited to the
Crown.
(2)
An inspector or a police officer may, in a
casino, seize and retain possession of any equipment, article or thing that he
or she reasonably suspects is liable to forfeiture under this
section.
169ARemedial orders
(1)
A court that finds a casino operator guilty of an
offence against this Act or the regulations, being an offence that is
prescribed by the regulations for the purposes of this section, may, in
addition or as an alternative to any penalty that it may impose for the
offence, make either or both of the following orders—
(a)
an order requiring the casino operator to publish
an advertisement correcting any information contained in any advertising
concerning any game played or gaming equipment provided in a casino that the
court is satisfied on evidence before it is false, misleading or deceptive and
giving directions (if any) that the court considers appropriate as to the
time, form, extent and manner of publication,
(b)
an order requiring any one or more of the
following—
(i)
the casino operator,
(ii)
if the casino operator is a corporation, a
director of the corporation or a person concerned in the management of the
corporation,
(iii)
a special employee within the meaning of Part
4,
to undertake any specified course of training that the
court considers will promote responsible practices in the conduct of gambling
activities in the casino.
(2)
A person who, without lawful excuse, fails to
comply with an order under this section is guilty of an
offence.
Maximum penalty—200 penalty
units.
s 169A: Ins 1999 No
49, Sch 1 [6]. Am 2022 No 36, Sch 1[103].
169BReview of Act
(1)
The Minister must review this Act from time to
time to determine whether—
(a)
the policy objectives of the Act remain valid,
particularly the object of containing and controlling the potential of casinos
to cause harm to the public interest and to individuals and families,
and
Note—
see section 4A(1)(c)
(b)
the terms of the Act remain appropriate for
achieving the objectives, including whether the amount of the responsible
gambling levy is sufficient to ensure the requirements of the Responsible
Gambling Fund trust deed can be carried out.
(2)
A review under subsection (1) must be
undertaken—
(a)
for the first review—as soon as practicable
after the period of 2 years from the date of assent to the Casino
Legislation Amendment Act 2022, or
(b)
for subsequent reviews—at intervals of not
more than 5 years.
(3)
A report on the outcome of a review under
subsection (1) must be tabled in each House of Parliament—
(a)
for the first review—within 12 months after
the period of 2 years from the date of assent to the Casino Legislation
Amendment Act 2022, or
(b)
for subsequent reviews—within 12 months
after each subsequent period of 5 years.
s 169B: Ins 2022 No
36, Sch 1[104].
170Regulations
(1)
The Governor may make regulations, not
inconsistent with this Act, for or with respect to any matter that by this Act
is required or permitted to be prescribed or that is necessary or convenient
to be prescribed for carrying out or giving effect to this
Act.
(2)
In particular, regulations may be made for or
with respect to any matter specified in Schedule 3.
(3)
A provision of a regulation may—
(a)
impose a penalty of not more than the following
for a contravention of the provision—
(i)
for a contravention of the provision by a casino
operator—1,000 penalty units,
(ii)
otherwise—100 penalty units,
and
(b)
provide that a contravention of the provision by
a casino operator is to be considered to be a contravention of the conditions
of the operator’s casino licence.
(4)
The regulations may apply, adopt or incorporate
the provisions of a document, as in force at a particular time or as in force
from time to time.
s 170: Am 2021 No 32,
Sch 1.1[2]; 2022 No 36, Sch 1[105].
170AImplementation of Independent Review of The Star Pty Ltd
by Adam Bell SC
(1)
The Minister must, within 9 months after the
independent review report is delivered, prepare a report about—
(a)
what has been done to implement the
recommendations of the report, and
(b)
what steps the Minister and the NICC will take to
implement any outstanding recommendations.
(2)
A report under subsection (1) must be tabled in
each House of Parliament within 12 months after independent review report is
delivered.
(3)
In this section—
independent review
report means the final report of the Independent Review of
The Star Pty Ltd by Adam Bell SC under this Act.
s 170A: Ins 2022 No
36, Sch 1[106].
171Savings and transitional provisions
Schedule 4 has effect.
s 171: Subst 1995 No
56, Sch 1 [9].