2013
2013
2013-11-28
act
government
publicspecial
act.reprint
allinforce
2013-11-12
2013-11-12
1
2013-11-28
act-1987-015
2013
none
act-2013-100
1f11158b-5ae7-41bf-a22e-6d653f689c73
02dcc410-9608-4302-ba21-647ac81719cc
Repeal:
The Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 28.11.2013.
An Act to amend the Casino
Control Act 1992 to provide for the licensing and
regulation of a restricted gaming facility at Barangaroo South; and for other
purposes.
1Name of
Act
This Act is the Casino Control
Amendment (Barangaroo Restricted Gaming Facility) Act
2013.
2Commencement
This Act commences on the date of assent to this
Act.
Schedule 1Amendment of Casino Control Act 1992 No
15
[1]Long
title
Insert “and to provide for the licensing of
a restricted gaming facility at Barangaroo South” after
“operations”.
[2]Section 3
Definitions
Insert in alphabetical order in section 3
(1):
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.
restricted gaming licence means a
casino licence relating to the Barangaroo restricted gaming
facility.
[3]Section 3
(1)
Omit the definition of casino. Insert instead:
casino means:
(a)
premises defined as a casino for the time being
under section 19, or
(b)
the Barangaroo restricted gaming
facility.
[4]Section 3 (1), definition of
“casino operator”
Insert at the end of the definition:
Note—
References in this Act to the casino operator
include references to the holder of a restricted gaming
licence.
[5]Section 3
(4)–(7)
Insert after section 3 (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.
[6]Section 4 Gaming in licensed
casino declared lawful
Insert “but subject to this Act”
after “any other Act or law” in section 4
(1).
[7]Section 4
(2)
Insert “and in accordance with this
Act” after “the casino operator”.
[8]Section
5A
Insert after section 5:
5AMinisterial directions
relating to licensing of Barangaroo restricted gaming
facility
(1)
The Minister may give directions to the Authority
in relation to the granting of a restricted gaming licence, including
directions relating to the terms and conditions of the licence and the
boundaries of the Barangaroo restricted gaming facility.
(2)
A direction under this section must be in writing
and made publicly available on the Authority’s
website.
(3)
The Authority must exercise its functions in
relation to a restricted gaming licence in accordance with any directions of
the Minister under this section.
(4)
This section does not apply in relation to the
functions of the Authority under section 13A.
[9]Part 2,
heading
Insert “and Barangaroo restricted gaming
facility” after “casino”.
[10]Section 6 Only one casino and
one restricted gaming facility
Omit “Only”. Insert instead
“Subject to subsection (2), only”.
[11]Section 6 (2) and
(3)
Insert at the end of section 6:
(2)
A restricted gaming licence may be granted under
this Act to operate the Barangaroo restricted gaming facility. Only one
restricted gaming licence may be in force under this Act at any one
time.
Note—
The Barangaroo restricted gaming facility is
treated as a casino for the purposes of this Act (see the definition of
casino). Except where otherwise
specifically provided, the provisions of this Act that relate to a casino or a
casino licence also apply in relation to the Barangaroo restricted gaming
facility and a restricted gaming licence.
(3)
Sections 7–12 do not apply in relation to
an application for a restricted gaming licence.
[12]Sections 13 and
13A
Insert after section 12:
13Application for restricted
gaming licence
(1)
A person who is approved by the Minister in
writing (the approved
applicant) may apply to the Authority for a restricted
gaming licence to operate the Barangaroo restricted gaming
facility.
(2)
An application for a restricted gaming licence
must comply with the following requirements (except to the extent that the
Minister otherwise determines):
(a)
it must be made in a form approved by the
Authority,
(b)
it must contain or be accompanied by such
information as the application form requires and such additional information
as the Authority may request,
(c)
it must be verified by statutory
declaration.
13ARestricted gaming
licence—suitability of applicant and close associates of
applicant
(1)
The Authority must not grant an application for a
restricted gaming licence unless it is satisfied that the approved applicant,
and each close associate of the approved applicant, is a suitable person to be
concerned in or associated with the management and operation of the Barangaroo
restricted gaming facility.
(2)
For that purpose, the Authority is to consider
whether:
(a)
each of those persons is of good repute, having
regard to character, honesty and integrity, and
(b)
each of those persons is of sound and stable
financial background, and
(c)
if the approved applicant is not a natural
person, it has or has arranged a satisfactory ownership, trust or corporate
structure, and
(d)
the approved applicant has or is able to obtain
financial resources that are both suitable and adequate for ensuring the
financial viability of the Barangaroo restricted gaming facility,
and
(e)
the approved applicant has or is able to obtain
the services of persons who have sufficient experience in the management and
operation of a casino or similar gaming facility, and
(f)
the approved applicant has sufficient business
ability to maintain a successful gaming facility, and
(g)
any of those persons has any business association
with any person, body or association who, in the opinion of the Authority, is
not of good repute having regard to character, honesty and integrity or has
undesirable or unsatisfactory financial sources, and
(h)
each director, partner, trustee, executive
officer and secretary and any other officer or person determined by the
Authority to be associated or connected with the ownership, administration or
management of the operations or business of the approved applicant or a close
associate of the approved applicant is a suitable person to act in that
capacity.
(3)
The following is to be taken into account by the
Authority for the purposes of this section:
(a)
any information relevant to the application that
has been provided to or received by the Authority in the course of any
investigation or inquiry in relation to the suitability of the approved
applicant or close associate of the approved applicant and any findings made
in relation to any such investigation or inquiry,
(b)
the fact that gaming is not authorised in the
Barangaroo restricted gaming facility before 15 November
2019.
[13]Sections 14 (1) and (4), 15
(1), 16 (1) and 17 (1)
Insert “or restricted gaming licence”
after “casino licence” wherever occurring.
[14]Section 14 Investigation of
applications
Insert “or the Barangaroo restricted gaming
facility (as the case requires)” after “a casino” in section
14 (2) (a).
[15]Section 18 Determination of
applications
Insert after section 18 (4):
(5)
A licence is also subject to conditions imposed
by this Act.
[16]Section 19 Authority to define
casino premises
Insert after section 19 (3):
(4)
This section does not apply in relation to the
Barangaroo restricted gaming facility.
[17]Section
19A
Insert after section 19:
19ABoundaries of Barangaroo
restricted gaming facility
(1)
The boundaries of the Barangaroo restricted
gaming facility are to be defined initially by being specified in the
restricted gaming licence for the facility.
(2)
The boundaries of the Barangaroo restricted
gaming facility may be redefined by the Authority but only on application made
at any time by the holder of the restricted gaming
licence.
(3)
In defining or redefining the boundaries of the
Barangaroo restricted gaming facility, the Authority is:
(a)
to have regard only to matters of public health
and safety and matters that relate to the integrity of gaming in the facility
in accordance with this Act, and
(b)
to ensure that the total gaming area within the
Barangaroo restricted gaming facility does not exceed 20,000 square
metres.
[18]Section 22 Conditions of
casino licence
Insert after section 22 (2):
(2A)
In the case of a restricted gaming licence, the
conditions of the licence may be amended only with the agreement of the holder
of the licence.
[19]Section 22
(4)
Omit “The Authority”. Insert instead
“Subject to subsection (2A), the
Authority”.
[20]Section 22
(6)
Insert after section 22 (5):
(6)
This section does not apply to licence conditions
imposed by this Act.
[21]Sections 22A and
22B
Insert after section 22:
22ARestrictions on gaming in
Barangaroo restricted gaming facility
Note—
Conducting or participating in gaming that is
declared under this section not to be lawful is an offence under the Unlawful Gambling Act
1998.
(1)Gaming not lawful before 15
November 2019
The conduct or playing of any game in the
Barangaroo restricted gaming facility is not lawful before 15 November
2019.
(2)Poker machines not
lawful
The installation or use of poker machines is not
lawful in the Barangaroo restricted gaming facility unless expressly
authorised by an Act of Parliament.
(3)
For the purposes of subsection (2), a poker
machine is a device that is designed:
(a)
for the playing of a game,
and
(b)
for paying out money or tokens or for registering
a right to an amount of money or money’s worth to be
paid.
(4)
However, a poker machine does not include a
device that:
(a)
is designed for the playing of a partly or fully
electronic version of a game ordinarily played at a table,
and
(b)
is able to be played by more than one player at
the one time, and
(c)
is equipped with more than one player
terminal.
Note—
Under section 66 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 (which includes the Barangaroo restricted gaming facility)
unless the game is approved by the Authority.
(5)Low limit gaming not lawful in
Barangaroo restricted gaming facility
The playing of any game in the Barangaroo
restricted gaming facility is not lawful if the amount placed for any single
bet or wager on that game is less than the minimum bet limit for that
game.
(6)
The minimum
bet limit is:
(a)
in the case of baccarat, blackjack or roulette
(whether played at a table or by way of an electronic device):
(i)
$30 for baccarat, $20 for blackjack and $25 for
roulette, or
(ii)
such higher amount as may be determined by the
Authority in accordance with the licence for the Barangaroo restricted gaming
facility, or
Note—
In the case of roulette, the minimum bet limit is
the minimum total of all the bets placed by a player per
spin.
(b)
in the case of any other game—the amount
determined by the Authority in accordance with the licence for the Barangaroo
restricted gaming facility.
(7)
Any determination by the Authority under
subsection (6) must be made publicly available on the Authority’s
website.
22BOnly members and guests
permitted to participate in gaming at Barangaroo restricted gaming
facility
It is a condition of a restricted gaming licence
that only persons who, in accordance with the conditions of the licence, are
members or guests of the Barangaroo restricted gaming facility are authorised
by the licence to participate in any gaming in the
facility.
[22]Section 31 Regular
investigation of operator’s suitability etc
Insert after section 31 (2):
(3)
If a restricted gaming licence is granted before
15 November 2019, the licence is, for the purposes of this section, taken to
have been granted on that date.
[23]Section
64A
Insert after section 64:
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.
[24]Section 65 Casino layout to be
as approved by Authority
Insert after section 65 (3):
(4)
This section does not apply in relation to the
Barangaroo restricted gaming facility.
(5)
However, it is a condition of a restricted gaming
licence that:
(a)
the facilities and equipment provided for persons
conducting monitoring operations and surveillance operations in the Barangaroo
restricted gaming facility must be to a standard approved by the Authority,
and
(b)
the location and orientation of those facilities
and equipment must be as approved by the Authority.
[25]Section 66 Approval of games
and rules for games
Insert after section 66 (3):
(3A)
The following games are taken to be approved by
the Authority by order under this section in relation to the Barangaroo
restricted gaming facility:
(a)
baccarat,
(b)
blackjack,
(c)
roulette.
(3B)
The Authority may, by order in writing, approve
the rules for those games that are taken to be approved by the Authority under
subsection (3A).
[26]Section 66
(4A)
Insert after section 66 (4):
(4A)
Keno games cannot be approved in relation to the
Barangaroo restricted gaming facility.
[27]Section 67 Directions as to
games in casino to be available
Insert after section 67 (4):
(5)
This section does not apply in relation to the
Barangaroo restricted gaming facility.
[28]Section 71 Times of operation
of casino
Insert after section 71 (3):
(4)
This section does not apply in relation to the
Barangaroo restricted gaming facility.
[29]Section 74 Credit
prohibited
Insert after section 74 (4):
(5)
Despite any other provision of this section, the
holder of a restricted gaming licence may, in the case of a person who is not
ordinarily resident in Australia, extend any form of credit to the person to
enable the person to participate in:
(a)
a premium player arrangement,
or
(b)
a junket within the meaning of section 76 that is
approved by the Authority.
[30]Section 89 Application of
Liquor Act 2007
Omit “the casino” from section 89
(2). Insert instead “a casino”.
[31]Section
89A
Insert after section 89:
89AApplication of Smoke-free Environment Act
2000
(1)
The Smoke-free
Environment Act 2000 does not apply to or in respect of
the Barangaroo restricted gaming facility on and from 15 November
2019.
(2)
However, the conditions imposed by the Authority
on a restricted gaming licence must:
(a)
require air quality equipment that is of an
international best practice standard to be installed, maintained and operated
in the Barangaroo restricted gaming facility, and
(b)
provide for an independent person appointed by
the holder of the licence to test the equipment on a quarterly basis and to
report annually to the Minister for Health on the result of those
tests.
(3)
The Minister for Health is to cause each annual
report under subsection (2) (b) to be tabled in both Houses of Parliament as
soon as practicable after receiving the report.
[32]Section 90 Casino a place of
public entertainment for purposes of Environmental
Planning and Assessment Act 1979
Omit the section.
[33]Section 142 Authority may
conduct negotiations and enter into agreements
Insert “or at the direction” after
“approval” in section 142 (1).
[34]Section 156 No right to
compensation for cancellation etc
Insert at the end of the section:
(2)
This section does not apply to or in respect of a
restricted gaming licence.
Schedule 2Amendment of other
Acts
2.1Gaming
Machines Act 2001 No 127
Section
56A
Insert after section 56:
56AGaming machines cannot be
authorised on certain premises situated at Barangaroo
(1)
The Authority cannot authorise under this Act the
keeping of gaming machines on any premises situated on the site referred to in
paragraph (a) of the definition of Barangaroo restricted gaming
facility in section 3 (1) of the Casino
Control Act 1992.
(2)
Subsection (1) only has effect during the period
in which a restricted gaming licence under the Casino Control
Act 1992 is in force.
(3)
Any authorisation under this Act to keep gaming
machines on premises referred to in subsection (1) and in force immediately
before the granting of a restricted gaming licence under the Casino Control Act 1992 is cancelled
when the licence is granted.
2.2Unlawful Gambling Act 1998 No
113
Section 7 Lawful forms of
gambling
Omit section 7 (e). Insert instead:
(e)
gambling that is declared lawful under the
Casino Control Act
1992,
Historical
notes
Table of amending
instruments
Casino Control
Amendment (Barangaroo Restricted Gaming Facility) Act 2013 No
100. Assented to 27.11.2013. Date of commencement, assent, sec
2.