An Act to provide for the establishment of one casino and the control of its operations and to provide for the licensing of a restricted gaming facility at Barangaroo South; and for related purposes.
long title: Am 2007 No 92, Sch 1 [1]; 2013 No 100, Sch 1 [1].
Part 1 Preliminary
1 Name 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].
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
(1) In this Act:Authority means the Independent Liquor and Gaming Authority constituted under the Gaming and Liquor Administration Act 2007.Barangaroo restricted gaming facility means premises:(a) situated or proposed to be situated on that part of Barangaroo (within the meaning of the Barangaroo Delivery Authority Act 2009) identified as the site of the Barangaroo restricted gaming facility on the Barangaroo Restricted Gaming Facility Site Map, and(b) defined for the time being under section 19A.casino means:(a) premises defined as a casino for the time being under section 19, or(b) the Barangaroo restricted gaming facility.casino employee means an employee (whether or not of a casino operator) having functions in or in relation to a casino.casino licence means a licence in force under Part 2 to operate a casino.casino operator means a person who is the holder of a casino licence.Note—References in this Act to the casino operator include references to the holder of a restricted gaming licence.chips means any tokens (including tokens depicted in an electronic form) used instead of money for the purpose of gaming.close associate means a close associate within the meaning of the Gaming and Liquor Administration Act 2007.employ includes engage under a contract for services.exclusion order means a written order under section 79 prohibiting a person from entering, or remaining in, a casino.game means a game of chance or a game that is partly a game of chance and partly a game requiring skill.game rules, in relation to a particular game, means:(a) the rules of the game approved by an order under section 66 (1) or, if the game is a keno game, the keno rules for the game within the meaning of section 66 (5), and(b) the non-monetary prize rules for the game set out in section 66 (4).gaming means the playing of any game.gaming equipment means any device or thing (including chips) used, or capable of being used, for or in connection with gaming.inspector means an inspector within the meaning of the Gaming and Liquor Administration Act 2007.key official means a key official within the meaning of the Gaming and Liquor Administration Act 2007.member of staff means a member of staff within the meaning of the Gaming and Liquor Administration Act 2007.operations, in relation to a casino, means:(a) the conduct of gaming in the casino,(b) the management and supervision of the conduct of gaming in the casino,(c) money counting in, and in relation to, the casino,(d) accounting procedures in, and in relation to, the casino,(e) the use of storage areas in the casino, and(f) other matters affecting, or arising out of, activities in the casino.record includes any book, account, document, paper or other source of information compiled, recorded or stored in written form, or on microfilm, or by electronic process, or in any other manner or by any other means.restricted gaming licence means a casino licence relating to the Barangaroo restricted gaming facility.Secretary means the Secretary of the Department of Industry.this Act includes the regulations.Note—The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.(2) In this Act:(a) a reference to a function includes a reference to a power, authority and duty, and(b) a reference to the exercise of a function includes, in relation to a duty, a reference to the performance of the duty.(3) Notes included in this Act do not form part of this Act.(4) The reference in the definition of Barangaroo restricted gaming facility to the Barangaroo Restricted Gaming Facility Site Map is a reference to a map by that name:(a) as tabled, by or on behalf of the Minister introducing the Bill for the Casino Control Amendment (Barangaroo Restricted Gaming Facility) Act 2013, in the Legislative Assembly on the day that the Bill was introduced (the original map), and(b) as amended or replaced from time to time by a map declared by proclamation to amend or replace the original map.(5) However, the site of the Barangaroo restricted gaming facility must remain in the area identified as Barangaroo South on the original map.(6) The Barangaroo Restricted Gaming Facility Site Map is to be kept and made available for public access in accordance with arrangements approved by the Minister.(7) For the purposes of this Act, the Barangaroo Restricted Gaming Facility Site Map may be in, and may be kept and made available in, electronic or paper form, or both.Note—The map is to be made available on the official NSW legislation website in connection with this Act.s 3: Am 2000 No 57, Sch 1 [1]; 2001 No 27, Sch 1 [1]–[3]; 2007 No 27, Sch 2.5; 2007 No 92, Sch 1 [3] [4]; 2009 No 48, Sch 1 [1]; 2011 No 72, Sch 5.1 [1] [2]; 2013 No 100, Sch 1 [2]–[5]; 2017 No 20, Sch 2.1 [1].
4 Gaming in licensed casino declared lawful
(1) Despite the provisions of any other Act or law but subject to this Act, the conduct and playing of a game and the use of gaming equipment is lawful when the game is conducted and the gaming equipment is provided in a casino by or on behalf of the casino operator (that is, the holder of the licence for that casino under this Act).(2) The Unlawful Gambling Act 1998 and the Lotteries and Art Unions Act 1901 do not apply to the conduct and playing of a game and the use of gaming equipment when the game is conducted and the gaming equipment is provided in a casino by or on behalf of the casino operator and in accordance with this Act, except to the extent (if any) that the regulations otherwise provide.(3) This section does not operate to validate or render enforceable a contract relating to gaming that would, apart from this section, be invalid or unenforceable.(4) Despite subsection (3), a contract to which that subsection refers and to which a casino operator is a party is enforceable against the casino operator.(5) The conduct of operations in a casino in accordance with this Act and the conditions of the casino licence is not of itself a public or private nuisance.s 4: Am 1998 No 113, Sch 2.3 [1]; 2013 No 100, Sch 1 [6] [7].
4A Primary objects of Act
(1) Among the primary objects of this Act are:(a) ensuring that the management and operation of a casino remain free from criminal influence or exploitation, and(b) ensuring that gaming in a casino is conducted honestly, and(c) containing and controlling the potential of a casino to cause harm to the public interest and to individuals and families.(2) All persons having functions under this Act are required to have due regard to the objects referred to in subsection (1) when exercising those functions.s 4A: Ins 2001 No 27, Sch 2 [1].
5 Directions by the Minister to protect integrity of casino gaming
(1) The Minister may, after consultation with the Authority, give directions and furnish guidelines to the Authority as to how the Authority is to exercise any of its functions under this Act but only if the Minister is of the opinion that the direction or guideline:(a) is necessary or desirable to protect the integrity or apparent integrity of casino gaming, or(b) is otherwise in the public interest.(2) Directions and guidelines under this section are not to relate to:(a) the determination of an application for any licence under this Act, or(b) any of the Authority’s functions under section 23 (Disciplinary action against casino operator) or 59 (Disciplinary action against licensee).(3) The Authority is in the exercise of its functions subject to the directions and guidelines given or furnished under this section.(4) Directions and guidelines under this section must be in writing.(5) When the Minister gives a direction or furnishes a guideline under this section, the Minister must:(a) as soon as practicable cause a copy of the instrument containing the direction or guideline to be published in the Gazette, and(b) cause a copy of that instrument to be laid before each House of Parliament within 15 sitting days of that House.(6) This section does not apply to a direction under section 7, 9 or 10.
5A Ministerial directions relating to licensing of Barangaroo restricted gaming facility
(1) The Minister may give directions to the Authority in relation to the granting of a restricted gaming licence, including directions relating to the terms and conditions of the licence and the boundaries of the Barangaroo restricted gaming facility.(2) A direction under this section must be in writing and made publicly available on the Authority’s website.(3) The Authority must exercise its functions in relation to a restricted gaming licence in accordance with any directions of the Minister under this section.(4) This section does not apply in relation to the functions of the Authority under section 13A.s 5A: Ins 2013 No 100, Sch 1 [8].
Part 2 Licensing of casino and Barangaroo restricted gaming facility
pt 2, hdg: Am 2013 No 100, Sch 1 [9].
6 Only one casino and one restricted gaming facility
(1) Subject to subsection (2), only one casino licence may be in force under this Act at any particular time. A casino licence is to apply to one casino only.(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.s 6: Am 2013 No 100, Sch 1 [10] [11].
7 Ministerial directions as to requirements for casino
(1) The Minister may from time to time give a direction in writing to the Authority as to any of the following matters:(a) the permissible location for a casino,(b) the required size and style of a casino,(c) the development required to take place in conjunction with the establishment of a casino, such as the development of a hotel or other complex of which a casino is to form part,(d) any other prescribed matter concerning the establishment of a casino.(2) Before giving a direction on any matter to the Authority, the Minister is to call for a report on the matter from the Authority and is to consider the Authority’s report.(3) A direction as to the permissible location for a casino must not specify a particular site unless the site is vested in the Crown or the Crown has the exclusive right of occupation of the site.(4) The Minister may vary or revoke a direction by a further direction in writing to the Authority.(5) The Authority must exercise its functions under this Act in respect of the grant of a casino licence, the conduct of negotiations and the entering into of agreements in a manner that is consistent with the directions of the Minister under this section.
8 Gaming machines in casino
(1) Before directing the Authority to invite expressions of interest under section 9, the Minister is to establish an inquiry into the likely effect of the availability of gaming machines in a casino on the operations and viability of the registered club and hotel industries.(2) The Minister may then give a direction in writing to the Authority as to whether or not and to what extent (if any) gaming machines are to be available in a casino.(3) The Minister may vary or revoke a direction by a further direction in writing to the Authority.(4) The Authority must exercise its functions so as to give effect to a direction by the Minister under this section.(5) In this section, gaming machine means any device the Minister determines to be a gaming machine for the purposes of this section.s 8: Am 1997 No 137, Sch 1 [1] [2]; 2007 No 92, Sch 1 [5].
9 Authority may invite expressions of interest
(1) At the direction of the Minister, the Authority is to publicly invite expressions of interest for the establishment and operation of a casino and may provide information concerning the requirements for the casino to any person who expresses interest.(2) The same information is to be provided to the persons who express interest in a particular casino, so as not to advantage or disadvantage any interested person.(3) The invitation must be in terms that are consistent with any applicable directions of the Minister under section 7.(4) The invitation need not relate solely to the establishment and operation of a casino but may also relate to any other matter that the Authority considers relevant, such as the development of a hotel or other complex of which the casino is to form part.(5) The Authority is entitled to charge a fee for the provision of information under this section and persons provided with information are to be charged the same fee.(6) The Authority is not to invite expressions of interest except at the direction of the Minister but the fact that the Minister has directed that expressions of interest be invited does not necessarily mean that the Minister will direct the Authority to invite applications for a casino licence.
10 Application for casino licence
(1) At the direction of the Minister, the Authority is to publicly invite applications for a casino licence and must not invite applications except at the direction of the Minister.(2) The invitation must be in terms that are consistent with any applicable directions of the Minister under section 7.(3) A person is not entitled to make an application for a casino licence unless and until the Authority invites applications and is only entitled to make an application that conforms with the terms of the Authority’s invitation.(4) Unless the Authority otherwise permits in a particular case, an application must comply with the following requirements:(a) it must be made in a form approved by the Authority,(b) it must be accompanied by such fee as may be determined by the Authority in respect of applications for the licence concerned,(c) it must contain or be accompanied by such information as the application form requires and such additional information as the Authority may request.(5) An application must be verified by statutory declaration.(6) The Authority may, at its discretion, refund the whole or any part of an application fee if the application is not successful.
11 Matters to be considered in determining applications
In considering an application for a casino licence, the Authority is to have regard to the following matters:(a) the requirements of section 12 (Suitability of applicant and close associates of applicant),(b) the standard and nature of the proposed casino, and the facilities to be provided in, or in conjunction with, the proposed casino,(c) the likely impact of the use of the premises concerned as a casino on tourism, employment and economic development generally in the place or region in which the premises are located,(d) the expertise of the applicant, having regard to the obligations of the holder of a casino licence under this Act,(e) such other matters as the Authority considers relevant.
12 Suitability of applicant and close associates of applicant
(1) The Authority must not grant an application for a casino licence unless satisfied that the applicant, and each close associate of the applicant, is a suitable person to be concerned in or associated with the management and operation of a casino.(2) For that purpose the Authority is to consider whether:(a) each of those persons is of good repute, having regard to character, honesty and integrity, and(b) each of those persons is of sound and stable financial background, and(c) in the case of an applicant that is not a natural person, it has or has arranged a satisfactory ownership, trust or corporate structure, and(d) the applicant has or is able to obtain financial resources that are both suitable and adequate for ensuring the financial viability of the proposed casino, and(e) the applicant has or is able to obtain the services of persons who have sufficient experience in the management and operation of a casino, and(f) the applicant has sufficient business ability to establish and maintain a successful casino, and(g) any of those persons has any business association with any person, body or association who, in the opinion of the Authority, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial sources, and(h) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Authority to be associated or connected with the ownership, administration or management of the operations or business of the applicant or a close associate of the applicant is a suitable person to act in that capacity.
13 Application 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.s 13: Rep 2007 No 92, Sch 1 [6]. Ins 2013 No 100, Sch 1 [12].
13A Restricted 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.s 13A: Ins 2013 No 100, Sch 1 [12].
14 Investigation of applications
(1) On receiving an application for a casino licence or restricted gaming licence the Authority must carry out all such investigations and inquiries as it considers necessary to enable it to consider the application properly.(2) In particular, the Authority:(a) may require any person it is investigating in relation to the person’s suitability to be concerned in or associated with the management or operation of a casino or the Barangaroo restricted gaming facility (as the case requires) to consent to having his or her photograph, finger prints and palm prints taken, and(b) must refer to the Commissioner of Police details of the persons the Authority is investigating, copies of any photographs, finger prints and palm prints taken and any supporting information that the Authority considers appropriate for referral to the Commissioner.(3) The Commissioner of Police is to inquire into and report to the Authority on such matters concerning the application as the Authority may request.(4) The Authority may refuse to consider an application for a casino licence or restricted gaming licence while any person from whom it requires a photograph, finger prints or palm prints under this section refuses to allow his or her photograph, finger prints or palm prints to be taken.s 14: Am 2001 No 27, Sch 1 [4]; 2013 No 100, Sch 1 [13] [14].
15 Authority may require further information etc
(1) The Authority may, by notice in writing, require a person who is an applicant for a casino licence or restricted gaming licence or who, in the opinion of the Authority, has some association or connection with the applicant that is relevant to the application to do any one or more of the following things:(a) to provide, in accordance with directions in the notice, such information, verified by statutory declaration, as is relevant to the investigation of the application and is specified in the notice,(b) to produce, in accordance with directions in the notice, such records relevant to investigation of the application as are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them,(c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b),(d) to furnish to the Authority such authorities and consents as the Authority directs for the purpose of enabling the Authority to obtain information (including financial and other confidential information) from other persons concerning the person and his or her associates or relations.(2) If a requirement made under this section is not complied with, the Authority may refuse to consider the application concerned.(3) A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.s 15: Am 2013 No 100, Sch 1 [13].
16 Cost of investigations to be paid by applicant
(1) The reasonable costs incurred by the Authority in investigating and inquiring into an application for a casino licence or restricted gaming licence are payable to the Secretary by the applicant, unless the Authority determines otherwise in a particular case.(2) The Authority may require part or full payment in advance of the amount it estimates will be payable by the applicant and may refuse to deal with the application until the required payment is made.(3) Investigation and inquiry costs may include travelling expenses within or outside the State.(4) It is a condition of any licence granted to the applicant that any amount payable under this section by the applicant is paid.s 16: Am 2001 No 27, Sch 1 [5]; 2013 No 100, Sch 1 [13]; 2017 No 20, Sch 2.1 [2].
17 Updating of applications
(1) If a change occurs in the information provided in or in connection with an application for a casino licence or restricted gaming licence before the application is determined, the applicant must as soon as possible give the Authority written particulars of the change verified by statutory declaration.Maximum penalty: 50 penalty units.(2) Particulars of any change given by the applicant are then to be considered to have formed part of the original application for the purposes of the application of subsection (1) to any further change in the information provided.(3) This section does not apply to a change in information if the Authority has notified the applicant in writing that the Authority does not require particulars of any change in the information concerned or does not require particulars of the type of change concerned.s 17: Am 2013 No 100, Sch 1 [13].
18 Determination of applications
(1) The Authority is to determine an application by either granting a casino licence to the applicant or declining to grant a licence, and is to inform the applicant accordingly.(2) A licence may be granted subject to such conditions as the Authority thinks fit.(3) The Authority is not required to give reasons for its decision on an application but may give reasons if it thinks fit.(4) If a licence is granted, it is granted on the terms (including a term as to the period for which it is in force), subject to the conditions and for the location specified in the licence.(5) A licence is also subject to conditions imposed by this Act.s 18: Am 2013 No 100, Sch 1 [15].
19 Authority to define casino premises
(1) The boundaries of a casino are to be defined initially by being specified in the casino licence.(2) The boundaries of a casino may be redefined by the Authority:(a) on its own initiative, or(b) on the application of the casino operator.(2A) The Authority is not to redefine the boundaries of a casino on its own initiative unless it:(a) notifies the casino operator in writing of the proposed change and gives the casino operator at least 14 days to make submissions to the Authority on the proposal, and(b) takes any such submissions into consideration before deciding whether to redefine the boundaries.(3) The redefining of the boundaries of a casino takes effect when the Authority gives written notice of it to the casino operator or on such later date as the notice may specify.(4) This section does not apply in relation to the Barangaroo restricted gaming facility.s 19: Am 2001 No 27, Sch 2 [2]; 2009 No 48, Sch 1 [2] [3]; 2013 No 100, Sch 1 [16].
19A Boundaries 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.s 19A: Ins 2013 No 100, Sch 1 [17].
20 Duration of casino licence
A casino licence remains in force for the period for which it was granted, as specified in the licence, unless it is sooner cancelled or surrendered under this Act.
21 No proprietary right in casino licence
A casino licence confers no right of property and is incapable of being assigned or mortgaged, charged or otherwise encumbered.
22 Conditions of casino licence
(1) The conditions of a casino licence (whether as originally imposed or as amended) may relate to any matter for which provision is made by this Act but must not be inconsistent with a provision of this Act.(2) The conditions of a casino licence may be amended by being substituted, varied, revoked or added to.(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.(3) An amendment may be proposed:(a) by the licensee by requesting the Authority in writing to make the amendment, or(b) by the Authority by giving notice in writing of the proposed amendment to the licensee and giving the licensee at least 14 days to make submissions to the Authority concerning the proposed amendment.(4) Subject to subsection (2A), the Authority is to consider any submissions made by the licensee and is then to decide whether to make the proposed amendment, either with or without changes from that originally proposed.(5) The Authority is to notify the licensee of its decision and any amendment that the Authority decides upon takes effect when notice of the decision is given to the licensee or on such later date as may be specified in the notice.(6) This section does not apply to licence conditions imposed by this Act.s 22: Am 2013 No 100, Sch 1 [18]–[20].
22A Restrictions 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, orNote—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.s 22A: Ins 2013 No 100, Sch 1 [21].
22B Only 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.s 22B: Ins 2013 No 100, Sch 1 [21].
23 Disciplinary action against casino operator
(1) In this section:disciplinary action means any one or more of the following actions in relation to a casino licence:(a) the cancellation or suspension of the licence,(b) the imposition on the licensee of a pecuniary penalty of up to $1,000,000,(c) the amendment of the terms or conditions of the licence (other than under section 22),(d) the issue of a letter of censure to the licensee.grounds for disciplinary action means any one or more of the following grounds in respect of a casino licence:(a) that the licence was improperly obtained in that, at the time the licence was granted, there were grounds for declining to grant it,(b) that the casino operator, a person in charge of the casino, an agent of the casino operator or a casino employee has contravened a provision of this Act or a condition of the licence,(c) that the casino premises are, for specified reasons, no longer suitable for the conduct of casino operations,(d) that the licensee is, for specified reasons, considered to be no longer a suitable person to give effect to the licence and this Act,(e) that for specified reasons, it is considered to be no longer in the public interest that the licence should remain in force.(2) The Authority may serve on the holder of a casino licence a notice in writing affording the licensee an opportunity to show cause within 14 days why disciplinary action should not be taken against the licensee on grounds for disciplinary action specified in the notice.(3) The licensee may, within the period allowed by the notice, arrange with the Authority for the making of submissions to the Authority as to why disciplinary action should not be taken and the Authority is to consider any submissions so made.(4) The Authority may then decide that it is appropriate that certain disciplinary action be taken against the licensee and may either:(a) take that disciplinary action by giving written notice of the action to the licensee, or(b) as an alternative to taking that disciplinary action, take action under section 24.(5) Disciplinary action may be taken against a person whether or not the person has been prosecuted, convicted or penalised for any contravention that is the grounds for the action.(6) Disciplinary action takes effect when notice of it is given or on a later date specified in the notice.(7) The Authority is not to take action under this section unless a member of the Authority who is or has been a Judge, or is an Australian lawyer of at least 7 years’ standing, is present at the meeting of the Authority at which the decision to take the action is made.s 23: Am 1995 No 56, Sch 1 [1]; 2006 No 30, Sch 9.4.
24 Rectification order as alternative to disciplinary action
(1) As an alternative to taking disciplinary action against a casino operator under section 23, the Authority may direct the operator in writing to take specified action within a specified time to rectify the matter which constitutes the grounds for disciplinary action concerned.(2) If a casino operator fails to take the specified action within the specified time, the Authority may proceed to take the relevant disciplinary action by giving written notice of the action to the operator, and the action takes effect when the notice is given or on a later date specified in the notice.
25 Effect of suspension of licence
(1) While a casino licence is suspended, it is of no effect for the purposes of section 4 (Gaming in licensed casino declared lawful) but is to be considered to be in force for all other purposes.(2) The Authority may, at any time, terminate or reduce a period of suspension of a casino licence.
26 Recovery of pecuniary penalty
(1) A pecuniary penalty that has been imposed on a casino operator under section 23 may be recovered by the Secretary on behalf of the State in a court of competent jurisdiction as a debt due to the Crown.(2) Proceedings to recover such a penalty may be instituted within 6 years after the occurrence of the matter which constituted the grounds for disciplinary action in respect of which the penalty was imposed.s 26: Am 2017 No 20, Sch 2.1 [3].
27 Surrender of licence
(1) A casino operator may surrender the casino licence by giving notice in writing to the Authority.(2) The surrender takes effect only if the Authority consents to the surrender.
28 Appointment of a manager if licence suspended, cancelled or surrendered
(1) If a casino licence is suspended, cancelled or surrendered, the Authority may, if it is satisfied that it is in the public interest to do so, by instrument in writing appoint a person to be the manager of the casino for the purposes of this section.(2) In appointing a person to be the manager, the Authority must have regard to the suitability of the person.(3) The manager is to be appointed on such terms and conditions as the Authority thinks fit.(4) The appointment of the manager may be terminated at any time by the Authority and is in any case terminated 90 days after appointment unless in a particular case the appointment is extended by the regulations.(5) The manager:(a) is to be considered to be the holder of a casino licence (including for the purposes of section 6) granted on the same terms and subject to the same conditions as the suspended, cancelled or surrendered licence (as in force immediately before the suspension, cancellation or surrender) with such modifications as the Authority may direct, and(b) is to assume full control of and responsibility for the business of the casino operator in respect of the casino, and(c) is to conduct or cause to be conducted casino operations in accordance with this Act, and(d) has, in connection with the conduct of those operations, all the functions of the operator.(6) The regulations may make provision for or with respect to the functions of the manager of a casino appointed under this section.(7) The following provisions have effect in respect of the net earnings of a casino while operations in the casino are being conducted by a manager under this section:(a) no payment of net earnings is to be made to the holder of the suspended, cancelled or surrendered licence (the former operator) without the prior approval of the Authority,(b) the former operator is entitled to a fair rate of return out of net earnings (if any) on any property of the former operator retained by the manager,(c) the Authority may in its discretion direct that all or any part of net earnings (other than that to which the former operator is entitled under paragraph (b)) is to be paid into the Consolidated Fund, with any balance to be paid to the former operator.
Part 3 Supervision and control of casino operators
Division 1 Directions, investigations etc
29 Directions to operator
(1) The Authority may give a casino operator a written direction that relates to the conduct, supervision or control of operations in the casino.(2) It is a condition of a casino licence that the casino operator must comply with such a direction as soon as it takes effect.(3) The direction takes effect when the direction is given to the casino operator or on a later date specified in the direction.(4) The power conferred by this section includes a power to give a direction to a casino operator to adopt, vary, cease or refrain from any practice in respect of the conduct of casino operations.(5) A direction under this section is not to be inconsistent with this Act or the conditions of the casino licence.
30 General investigations
(1) The Authority is to investigate a casino from time to time and at any time that the Authority thinks it desirable or when directed to do so by the Minister.(2) The investigation may relate to (but is not limited to) any of the following matters:(a) the casino and operations in the casino,(b) the casino operator or a person who, in the opinion of the Authority, is an associate of the casino operator,(c) a person or persons who in the opinion of the Authority could affect the exercise of functions in or in relation to the casino,(d) a person or persons who, in the opinion of the Authority, could be in a position to exercise direct or indirect control over the casino operator, or an associate of the casino operator, in relation to functions in or in relation to the casino.(3) The Authority may make a report to the Minister on the results of such an investigation if it thinks it desirable to do so and must make such a report if the investigation was made at the direction of the Minister.(4) The Authority is to take whatever action under this Act it considers appropriate in the light of the results of an investigation.
31 Regular investigation of operator’s suitability etc
(1) Not later than 3 years after the grant of a casino licence, and thereafter at intervals not exceeding 5 years, the Authority must investigate and form an opinion as to whether or not:(a) the casino operator is a suitable person to continue to give effect to the casino licence and this Act, and(b) it is in the public interest that the casino licence should continue in force.(2) The Authority is to report its findings and opinion to the Minister, giving reasons for its opinion, and is to take whatever action under this Act it considers appropriate in the light of its findings.(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.s 31: Am 2009 No 48, Sch 1 [4]; 2013 No 100, Sch 1 [22].
32 Operator and associates may be required to provide information
(1) The Authority may, by notice in writing, require a casino operator or a person who, in the opinion of the Authority, is directly or indirectly associated with the operator:(a) to provide the Authority or a key official, in accordance with directions in the notice, with such information relevant to the operator or that association or to the casino, or with such prescribed information, as is specified in the notice, or(b) to produce to the Authority or a key official, in accordance with directions in the notice, such records relevant to the operator or that association or to the casino, or to prescribed matters, as are specified in the notice and to permit examination of those records, the taking of extracts from them and the making of copies of them, or(c) to attend before the Authority or a key official for examination in relation to any matters relevant to the operator or that association or to the casino, or to prescribed matters, and to answer questions relating to those matters.(2) A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.(3) If records are produced under this section, the Authority or key official to whom they are produced may retain possession of the records for such period as may reasonably be necessary to permit examination of the records, the taking of extracts from them and the making of copies of them.(4) At any reasonable times during the period for which records are retained, the Authority or key official must permit inspection of the records by a person who would be entitled to inspect them if they were not in the possession of the Authority or key official.
33 Failure to provide information etc is an offence and punishable as contempt
(1) A person who fails without reasonable excuse to comply with a requirement of a notice under section 32 is guilty of an offence.Maximum penalty: 50 penalty units.(2) A person is not excused from complying with a notice under section 32 on the ground that compliance might tend to incriminate the person.(3) If the person claims in writing to the Authority, before complying with the notice, that compliance might tend to incriminate the person, information provided in compliance with the notice is not admissible in criminal proceedings against the person except proceedings for the offence of providing false or misleading information in purported compliance with the notice.(4) If the Authority is satisfied that a person has, without reasonable excuse, failed to comply with a requirement of a notice under section 32, the Authority may certify the failure to the Supreme Court.(5) The Supreme Court may then inquire into the case and:(a) order the person to comply with the requirement within a period specified by the Court, or(b) if the Court is satisfied that the person failed, without reasonable excuse, to comply with the requirement—punish the person as if the person were in contempt of the Court and, if it thinks fit, also make an order under paragraph (a).
34 Injunctions to prevent contraventions etc
(1) If the Supreme Court is satisfied on the application of the Authority that a casino operator has engaged or is proposing to engage in conduct that constitutes or would constitute:(a) a contravention of a provision of this Act or of a condition of the casino licence, or(b) attempting to contravene such a provision, or(c) aiding, abetting, counselling or procuring a person to contravene such a provision, or(d) inducing, or attempting to induce, whether by threats or promises or otherwise, a person to contravene such a provision,(e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision, orthe Court may grant an injunction in such terms as the Court determines to be appropriate.(f) conspiring with others to contravene such a provision,(2) If in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of the application.(3) The Court may rescind or vary an injunction granted under this section.(4) The power of the Court to grant an injunction restraining a person from engaging in conduct may be exercised:(a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind, and(b) whether or not the person has previously engaged in conduct of that kind, and(c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind.(5) The power of the Court to grant an injunction requiring a person to do an act or thing may be exercised:(a) whether or not it appears to the Court that the person intends to fail again, or to continue to fail, to do that act or thing, and(b) whether or not the person has previously failed to do that act or thing, and(c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person fails to do that act or thing.(6) When the Authority makes an application to the Court for the grant of an injunction under this section, the Court is not to require the Authority or any other person, as a condition of granting an interim injunction, to give any undertakings as to damages.
35 Change in state of affairs of operator
(1) In this section:major change in the state of affairs existing in relation to a casino operator means:(a) any change in that state of affairs which results in a person becoming a close associate of the casino operator, or(b) any other change in that state of affairs which is of a class or description prescribed as major for the purposes of this section.minor change in the state of affairs existing in relation to a casino operator means any change in that state of affairs that is prescribed as a minor change for the purposes of this section.(2) It is a condition of a casino licence that the casino operator must:(a) ensure that a major change in the state of affairs existing in relation to the operator which is within the operator’s power to prevent does not occur except with the prior approval in writing of the Authority, and(b) notify the Authority in writing of the likelihood of any major change in the state of affairs existing in relation to the operator to which paragraph (a) does not apply as soon as practicable after the operator becomes aware of the likelihood of the change, and(c) notify the Authority in writing of any major change in the state of affairs existing in relation to the operator to which paragraphs (a) and (b) do not apply within 3 days after becoming aware that the change has occurred, and(d) notify the Authority in writing of any minor change in the state of affairs existing in relation to the operator within 14 days after becoming aware that the change has occurred.(3) If a major change for which the approval of the Authority is sought under this section involves a person becoming a close associate of a casino operator, the Authority is not to grant its approval unless satisfied that the person is a suitable person to be associated with the management of a casino.(4) Sections 14 and 15 apply to and in respect of an application for approval under this section in the same way that they apply to and in respect of an application for a licence.(5) If a major change is proposed or has occurred involving a person becoming a close associate of a casino operator and the approval of the Authority to the change is not required:(a) the Authority is to inquire into the change to determine whether it is satisfied that the person is a suitable person to be associated with the management of a casino, and(b) if it is not so satisfied, is to take such action as it considers appropriate.
35A Cost of investigations into certain major changes
(1) This section applies to a major change referred to in section 35 that is proposed or has occurred and that involves a person becoming a close associate of a casino operator.(2) The reasonable costs incurred by the Authority in:(a) investigating and inquiring into an application for an approval under section 35 in relation to a major change to which this section applies, orare payable to the Secretary, unless the Authority determines otherwise in a particular case.(b) inquiring into a major change to which this section applies, where such an approval is not required,(3) The costs are so payable:(a) by the casino operator, except in so far as paragraph (b) applies, or(b) by the person who would become or has become a close associate of the casino operator, to the extent that the Authority is of the opinion that the casino operator is not responsible for the major change.(4) The costs may include travelling expenses within or outside the State.(5) In the case of an application for approval under section 35, the Authority may require part or full payment in advance of the amount of costs it estimates will be payable to the Secretary by the applicant and may refuse to deal with the application until the required payment is made.(6) It is a condition of a casino licence that any amount payable under this section by the holder of the licence is paid.s 35A: Ins 1997 No 137, Sch 1 [3]. Am 2001 No 27, Sch 1 [6]; 2017 No 20, Sch 2.1 [4] [5].
Division 2 Contracts
36 Definitions
In this Division:contract includes any kind of agreement or arrangement.controlled contract means:(a) a contract that relates to the supply or servicing of gaming equipment that has been approved by the Authority under section 68 (1), or(b) a contract, or class of contracts, that, in the opinion of the Authority, is materially significant to the integrity of the operation of a casino and that the Authority declares, by notice in writing to the casino operator, to be a controlled contract.s 36: Am 2010 No 16, Sch 1 [1].
37 Requirements for controlled contracts
(1) A casino operator must not enter into or become a party to a controlled contract, or the variation of a controlled contract, relating to the casino until the operator has given the Authority written notice (contract notice) of the details of the proposed contract or variation of contract and the investigation time that the Authority is allowed by this section has elapsed. The contract notice must be accompanied by the prescribed fee.(2) The Authority may object to the proposed contract or variation of contract by notice in writing given to the casino operator during the investigation time that the Authority is allowed by this section, in which case the casino operator must not enter into or become a party to the contract or variation of contract.(3) The Authority is allowed 28 days investigation time (starting from when the contract notice was given to the Authority) but that time can be shortened or extended in a particular case by the Authority by notice in writing to the casino operator.(4) Investigation time is not to be extended unless the Authority is of the opinion that the special circumstances of the case (such as, for example, the complex nature of the inquiries that need to be made or the need to consult other agencies) make the extension necessary or desirable and that public interest considerations justify the extension.(5) Investigation time can be extended more than once but cannot in any case be extended to more than 6 months after the contract notice was given to the Authority.(6) It is a condition of a casino licence that the casino operator must comply with this section but a failure to comply with this section does not affect the validity of any contract or variation of contract.s 37: Subst 1995 No 56, Sch 1 [2].
37A (Repealed)
s 37A: Ins 1995 No 56, Sch 1 [2]. Rep 2010 No 16, Sch 1 [2].
38 Requirement may be extended to associates of casino operator
(1) The Authority may, by notice in writing to a person who the Authority considers has some association or connection with a casino operator that is relevant to the operation or management of the casino, direct that section 37 is to apply to the person.(2) Such a direction operates to apply section 37 to the person in the same way as it applies to the casino operator.(3) If a person contravenes section 37 as so applying to the person, the person is guilty of an offence.Maximum penalty: 100 penalty units.
39 Notice to show cause why controlled contract should not be terminated
(1) The Authority may serve on each party to a controlled contract a notice in writing affording the party an opportunity to show cause within 14 days why the contract should not be terminated on the ground that it is not in the public interest for the contract to remain in force.(2) The notice is to specify the reasons why it is considered that it is not in the public interest for the contract to remain in force.(3) A party to the contract may, within the period specified in the notice, arrange with the Authority for the making of submissions as to why the contract should not be terminated.(4) After considering any submissions so made, the Authority may, by notice in writing served on each party to the contract, require the contract to be terminated within a time specified in the notice.(5) If the contract is not terminated as required by the notice it is terminated by force of this section.
40 Effect of termination
If a contract is terminated in accordance with this Division:(a) the termination does not affect a right acquired, or a liability incurred, before that termination by a person who was a party to the contract, as a result of the performance before that termination of any obligation imposed by the contract, and(b) no liability for breach of contract is incurred by a person who was a party to the contract by reason only of that termination, and(c) neither the Crown nor the Authority incurs any liability by reason of that termination.
41 Offence—giving effect to terminated contract
A party to a contract terminated in accordance with this Division must not give any further effect to any part of the contract.Maximum penalty: 100 penalty units.
42 Parties to contracts may be required to provide information
Section 32 (Operator and associates may be required to provide information) applies in relation to a party to a controlled contract in the same way as it applies in relation to a casino operator.s 42: Am 2010 No 16, Sch 1 [3].
Part 4 Licensing of casino employees
43 Definitions
(1) In this Part:certificate of competency means a certificate of competency issued under section 64.licence means a licence in force under this Part.special employee means a person who:(a) is employed or working in a casino in a managerial capacity or who is authorised to make decisions, involving the exercise of his or her discretion, that regulate operations in a casino, or(b) is employed or working in a casino in any capacity relating to any of the following activities:• the conduct of gaming,• the movement of money or chips about the casino,• the exchange of money or chips to patrons in the casino,• the counting of money or chips in the casino,• the operation, maintenance, construction or repair of gaming equipment approved by the Authority under section 68,• the supervision of any of the above activities,• casino security,• any other activity relating to operations in the casino that is prescribed for the purposes of this definition.(2) The regulations may exempt persons employed or working in a casino in any specified capacity from being special employees.s 43: Am 2009 No 48, Sch 1 [5]; 2010 No 16, Sch 1 [4].
44 Special 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, orunless the person is authorised by a licence to exercise the function concerned.(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,Maximum penalty: 100 penalty units.s 44: Subst 2010 No 16, Sch 1 [5].
45 Special employees to display identification
(1) The holder of a licence must at all times while exercising the functions of a special employee in a casino wear on his or her person so as to be clearly visible a form of identification approved by the Authority.Maximum penalty: 20 penalty units.(2) The Authority may exempt a person or a class of persons from the requirements of this section.
46 Application for licence
(1) An application for a licence is to be lodged with the Authority in a form approved by the Authority and must be accompanied by:(a) the fee determined by the Authority, and(b) such documents (if any) as may be specified by the Authority or as the form of application requires accompany the application.(c) (Repealed)(2) The information provided in and accompanying the application must be verified by statutory declaration.(3) The Authority may require the applicant to consent to having his or her photograph, finger prints and palm prints taken and may refuse to consider the application if the applicant refuses to allow his or her photograph, finger prints or palm prints to be taken.(4) An application for a licence may not be made by a person who is under the age of 18 years or is a person within a class of persons prescribed as being ineligible to apply for a licence.s 46: Am 2010 No 16, Sch 1 [6] [7].
47 Direction to apply for licence—persons who have special relationship with casino
(1) For the purposes of this section, a person is to be considered to have a special relationship with a casino if:(a) the person is associated with the casino operator or is a casino employee, and in the opinion of the Authority has the power to exercise a significant influence over or with respect to operations in the casino, or(b) the person is associated with the casino operator or is a casino employee, and in the opinion of the Authority it is in the public interest that the person, by reason of his or her remuneration or his or her authority in relation to operations in the casino, be licensed as a special employee, or(c) the person’s employment (whether or not in the casino and whether or not by the casino operator) involves the exercise of functions that in the opinion of the Authority have the capacity to significantly affect, whether directly or indirectly, any operations in the casino.(2) The Authority may give a direction in writing to a person who has a special relationship with a casino directing that the association or employment that constitutes the special relationship is to be regarded as the exercise by the person of the functions of a special employee.(3) The direction is to require the person to apply for the necessary licence within a specified period of not less than 7 days.(3A) A person who is regarded as exercising the functions of a special employee under this section is not required to hold a certificate of competency in relation to those functions.(4) The association or employment specified in the direction is for the purposes of this Part to be regarded as the exercise by the person of the functions of a special employee as soon as:(a) the period allowed by the direction for the making of an application for the appropriate licence expires with no application having been made, or(b) (if the application is made within that period) the application is determined.(5) If this section results in a person who has a special relationship with a casino contravening section 44 (Special employees to be licensed and hold certificate of competency):(a) the Authority is to give written notice of that fact to the person and the casino operator or employer concerned, and(b) the person and the casino operator or employer are each guilty of an offence if the association or employment that constitutes the contravention is not terminated within 24 hours (or such longer period as the Authority may allow) after that notice is given.Maximum penalty: 100 penalty units.(6) The termination of an association or employment in accordance with this section may be effected despite any other Act or any law, award or industrial or other agreement, and neither the Crown nor the Authority incurs any liability because of such a termination.s 47: Am 2010 No 16, Sch 1 [8] [9].
48 Updating of application for licence
(1) If a change occurs in the information provided in or in connection with an application for a licence (including in any documents lodged with the application) before the application is granted or refused, the applicant must forthwith give the Authority written particulars of the change, verified by statutory declaration.Maximum penalty: 20 penalty units.(2) When particulars of the change are given, those particulars are then to be considered to have formed part of the original application, for the purposes of the operation of subsection (1) in relation to any further change in the information provided.(3) This section does not apply to a change in information if the Authority has notified the applicant in writing that the Authority does not require particulars of any change in the information concerned or does not require particulars of the type of change concerned.
49 Authority may require further information
(1) The Authority may, by notice in writing, require a person who is an applicant for a licence or who, in the opinion of the Authority, has some association or connection with the applicant that is relevant to the application to do any one or more of the following:(a) to provide, in accordance with directions in the notice, such information, verified by statutory declaration, as is relevant to the investigation of the application and is specified in the notice,(b) to produce, in accordance with directions in the notice, such records relevant to investigation of the application as are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them,(c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b),(d) to furnish to the Authority such authorities and consents as the Authority directs for the purpose of enabling the Authority to obtain information (including financial and other confidential information) from other persons concerning the person and his or her associates or relations.(2) If a requirement made under this section is not complied with, the Authority may refuse to consider the application concerned while the non- compliance continues.(3) A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.
50 Authority to investigate applications
(1) The Authority is to investigate and inquire into each application for a licence.(2) If the Authority proposes to refuse an application, it must notify the applicant in writing of that fact and allow the applicant at least 14 days to make submissions to the Authority as to why the application should not be refused.s 50: Subst 2001 No 27, Sch 1 [7].
51 Cost of investigations to be paid by applicant
(1) The reasonable costs incurred by the Authority in investigating and inquiring into an application for a licence are payable to the Secretary by the applicant, unless the Authority determines otherwise in a particular case.(2) The Authority may require part or full payment in advance of the amount the Authority estimates will be payable by the applicant and may refuse to deal with the application until the required payment is made.(3) Investigation and inquiry costs may include travelling expenses within or outside the State.(4) It is a condition of any licence granted to the applicant that any amount payable under this section by the applicant is paid.s 51: Am 2001 No 27, Sch 1 [8]; 2017 No 20, Sch 2.1 [6].
52 Determination of applications
(1) The Authority is to consider an application for a licence and is to take into account the results of its investigations and inquiry and any submissions made by the applicant within the time allowed.(2) The Authority is not to grant a licence unless satisfied that the applicant is a suitable person to hold a licence.(3) For that purpose, the Authority is to make an assessment of:(a) the integrity, responsibility, personal background and financial stability of the applicant, and(b) the general reputation of the applicant having regard to character, honesty and integrity.(c) (Repealed)(4) The Authority is to determine the application by either granting a licence to the applicant or declining to grant a licence, and is to notify the applicant in writing of its decision.(5) The Authority is not required to give reasons for its decision but may give reasons if it thinks fit.s 52: Am 2001 No 27, Sch 1 [9]; 2010 No 16, Sch 1 [10]–[12].
53 Conditions of licence
(1) A licence is subject to any conditions imposed by the Authority and notified in writing to the licensee by the Authority on the grant of the licence or during its currency.(2) A condition of a licence may be varied, substituted or revoked by the Authority by notice in writing to the licensee, whether or not on application made to the Authority by the licensee.
54 Provisional licences
(1) The Authority may, pending determination of an application for a licence, grant to the applicant a provisional licence.(2) A provisional licence is subject to any conditions or restrictions of which the provisional licensee is notified by the Authority when granting the licence.(3) A provisional licence may be cancelled by the Authority at any time and, unless sooner surrendered or cancelled, ceases to have effect on the determination of the provisional licensee’s application for a licence.(4) This Act applies to a provisional licence in the same way as it applies to a licence (to the extent that is consistent with this section).
55 Duration of licence
A licence remains in force until whichever of the following happens first:(a) the licensee dies, or(b) the licence is cancelled, or(c) the employment which the licence authorises is terminated, or(d) the licensee, by notice in writing, surrenders the licence to the Authority, or(e) the expiration of 5 years after the grant of the licence.s 55: Am 1997 No 137, Sch 1 [4]; 2009 No 48, Sch 1 [6].
56 Renewal of licence
(1) A licensee may, not earlier than 1 month before the expiration of his or her current licence, apply to the Authority for a new licence, in which case:(a) the current licence continues in force until the application for the new licence is determined, and(b) if granted, the new licence is to be considered to have been granted on the anniversary of the date on which the current licence was granted and is to be dated accordingly.(2) An application for a new licence is to be made in a form approved by the Authority and is not to be considered to have been made unless accompanied by the fee determined by the Authority.(3) The provisions of this Act (except those relating to the form of an application and the grant of a provisional licence) apply to and in relation to:(a) an application under this section for a new licence, and(b) the determination of such an application, andas if the application has been made by a person other than a licensee.(c) any licence granted as a result of such an application,
57 (Repealed)
s 57: Rep 2010 No 16, Sch 1 [13].
58 Loss etc of licence
If the Authority is satisfied that a licence has been lost, destroyed or damaged, the Authority may, on payment of the fee determined by the Authority, issue a replacement licence.
59 Disciplinary action against licensee
(1) In this section:disciplinary action means any one or more of the following actions against a licensee:(a) the service of a written notice on the licensee censuring him or her for any action specified in the notice,(b) (Repealed)(c) suspension of the licence for a specified period,(d) cancellation of the licence.grounds for disciplinary action means any of the following grounds in respect of a licence:(a) that the licence was improperly obtained in that, at the time the licence was granted, there were grounds for declining to grant it,(b) that the licensee has been convicted of an offence against this Act or, whether or not in New South Wales, of an offence punishable on conviction by imprisonment for 3 months or more (whether or not in addition to a fine),(c) that the licensee has contravened a condition of the licence,(d) that the licensee has failed to provide information that he or she is required by this Act to provide or has provided information knowing it to be false or misleading in a material particular,(e) that the licensee has become bankrupt, applied to take the benefit of any law relating to bankrupt or insolvent debtors, has compounded with his or her creditors or made an assignment of his or her remuneration for their benefit,(f) that the Authority is, for any reason, of the opinion that the licensee is not a suitable person to be the holder of the licence.(2) The Authority may make such inquiries as it thinks fit into the question of whether there are grounds for disciplinary action against a licensee.(3) If as a consequence of such an inquiry the Authority proposes to take disciplinary action against the licensee:(a) the Authority is to give the licensee notice of the proposal and at least 14 days to make submissions to the Authority on the matter, and(b) the Authority may by written direction to the licensee suspend the licensee’s licence for a maximum period of 90 days pending the Authority’s decision on the matter and may revoke any such suspension.(4) The Authority is to consider the results of its inquiries and any submissions made by the licensee within the time allowed and is to decide whether to take disciplinary action against the licensee.(5) If the Authority decides that there are grounds for disciplinary action against a licensee, the Authority may take the action and does so by giving notice in writing of the action to the licensee. Disciplinary action takes effect when the notice is given or on a later date specified in the notice.(6) Disciplinary action may be taken against a person whether or not the person has been prosecuted, convicted or penalised for any offence that is the grounds for the action.(7) The Authority is not to take action under this section unless a member of the Authority who is or has been a Judge, or is an Australian lawyer of at least 7 years’ standing, is present at the meeting of the Authority at which the decision to take the action is made.s 59: Am 1995 No 56, Sch 1 [3]; 1999 No 94, Sch 4.78 [1]; 2001 No 27, Sch 1 [10]–[13]; 2006 No 30, Sch 9.4; 2010 No 16, Sch 1 [14].
60 Effect etc of suspension
(1) During any period of suspension of a licence, the licensee is to be regarded as not holding a licence except for the purposes of section 63 (Change in state of affairs of licensee).(2) The Authority may, by notice in writing to the licensee at any time, terminate or reduce a period of suspension of a licence.
61 Termination of employment on suspension or cancellation of licence
(1) If a casino operator is given written notice by the Authority that the licence of an associate or employee of the operator has been suspended or cancelled, or has otherwise ceased to be in force, it is a condition of the operator’s casino licence that the operator must, within 24 hours after the notice is given:(a) in the case of an associate of the operator—terminate the association that constitutes the exercise of the functions of a special employee, or(b) in the case of an employee—terminate the employment that constitutes the exercise of the functions of a special employee or cause it to be terminated.(2) If the employer (other than the casino operator) of an employee is given written notice by the Authority that the employee’s licence has been suspended or cancelled, the employer must, within 24 hours after the notice is given, terminate the employment that constitutes the exercise of the functions of a special employee or cause it to be terminated.Maximum penalty: 100 penalty units.(3) A termination of employment in accordance with this section may be effected despite any other Act or any law, award or industrial or other agreement, and neither the Crown nor the Authority incurs any liability because of such a termination.
62 Information relating to licensees to be provided
(1) It is a condition of a casino licence that the casino operator must:(a) within 14 days after a licensed employee commences to have functions in or in relation to the casino—notify the Authority, in a form approved by the Authority, of the commencement of the exercise of those functions, and(b) not less than twice each year, on dates specified by the Authority submit to the Authority, in a form approved by the Authority, a list of the licensed employees having functions in or in relation to the casino, and(c) within 14 days after a licensed employee ceases to have functions in or in relation to the casino—notify the Authority, in a form approved by the Authority, of the cessation of the exercise of those functions.(2) The Authority may, by notice in writing, require a licensee:(a) to provide, in accordance with directions in the notice, such information relevant to the holding of the licence as is specified in the notice, or(b) to produce, in accordance with directions in the notice, such records relevant to the holding of the licence as are specified in the notice and to permit examination of the records and the making of copies of the records.(3) It is a condition of a licence that the licensee must comply with the requirements of a notice under this section.s 62: Am 2009 No 48, Sch 1 [7].
63 Change in state of affairs of licensee
Whenever a prescribed change takes place in the state of affairs existing in relation to the holder of a licence, the holder of the licence must notify the Authority in writing of the prescribed particulars relating to the change within 14 days after it takes place.Maximum penalty: 20 penalty units.
64 Training courses and certificates of competency for employees
(1) Certificates of competency for the functions of special employees are issued by a casino operator.(2) A casino operator may issue a certificate of competency to a person for any functions of a special employee only if satisfied that:(a) the person has completed training in those functions and in responsible practices for the conduct of gaming, being training provided by the casino operator, or(b) the person has completed other training, or has qualifications, that the casino operator considers appropriate for the exercise of those functions and that include training or qualifications in responsible practices for the conduct of gaming.(3) A casino operator must not issue a certificate of competency unless the training or qualifications on the basis of which the certificate is to be issued complies with any standards or other requirements set by the Authority from time to time.(4) A certificate of competency must specify the functions of a special employee for which it is issued and the date of its issue.(5) A casino operator must maintain records of all training provided and certificates issued by the operator under this section and must at the request of the Authority provide the Authority with access to those records (including records maintained in an electronic format).(6) It is a condition of a casino licence that the casino operator must comply with the requirements of this section.s 64: Am 1999 No 49, Sch 1 [1]. Subst 2010 No 16, Sch 1 [15].
64A Staff 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 5 Casino operations
65 Casino layout to be as approved by Authority
(1) It is a condition of a casino licence that gaming is not to be conducted in the casino unless the facilities provided in relation to the conduct and monitoring of operations in the casino are in accordance with plans, diagrams and specifications that are for the time being approved by the Authority under this section.(2) The Authority may approve plans, diagrams and specifications indicating the following:(a) the situation within the casino of gaming facilities, counting rooms, cages and other facilities provided for operations in the casino,(b) the facilities provided for persons conducting monitoring operations and surveillance operations in the casino.(3) The Authority may amend an approval under this section on the application of the casino operator or by giving not less than 14 days’ written notice of the amendment to the casino operator or such lesser period of notice as the operator agrees to accept in a particular case.(4) This section does not apply in relation to the Barangaroo restricted gaming facility.(5) However, it is a condition of a restricted gaming licence that:(a) the facilities and equipment provided for persons conducting monitoring operations and surveillance operations in the Barangaroo restricted gaming facility must be to a standard approved by the Authority, and(b) the location and orientation of those facilities and equipment must be as approved by the Authority.s 65: Am 2009 No 48, Sch 1 [8] [9]; 2013 No 100, Sch 1 [24].
66 Approval of games and rules for games
(1) The Authority may, by order in writing, approve the games that may be played in a casino and the rules for those games.(1A) Any such order as in force for the time being must be made publicly available on the Authority’s website.(2) It is a condition of a casino licence that the casino operator must not permit a game to be conducted or played in a casino unless:(a) there is an order in force under this section approving the game, and(b) the game is conducted or played in accordance with:(i) the rules of the game approved by such an order, or(ii) if the game is a keno game, the keno rules for the game.(3) A person must not conduct a game in a casino or permit a game conducted by him or her to be played in a casino, unless:(a) there is an order in force under this section approving the game, and(b) the game is conducted or played in accordance with:(i) the rules of the game approved by such an order, or(ii) if the game is a keno game, the keno rules for the game.Maximum penalty: 20 penalty units.(3A) The following games are taken to be approved by the Authority by order under this section in relation to the Barangaroo restricted gaming facility:(a) baccarat,(b) blackjack,(c) roulette.(3B) The Authority may, by order in writing, approve the rules for those games that are taken to be approved by the Authority under subsection (3A).(4) If the rules of a game approved by an order under subsection (1) (or, in the case of a keno game, the keno rules for the game) specifically permit wagers to be paid by a non-monetary prize, the rules of the game include the following rules (the non-monetary prize rules):(a) the casino operator must give a person who wins a non-monetary prize the choice to be paid money to the value of the non-monetary prize instead, and(b) a non-monetary prize must not consist of or include any of the following:(i) tobacco in any form,(ii) a firearm, or ammunition, or an imitation firearm, within the meaning of the Firearms Act 1996,(iii) a prohibited weapon within the meaning of the Weapons Prohibition Act 1998,(iv) more than 20 litres of liquor,(v) any item or service prescribed by the regulations.(4A) Keno games cannot be approved in relation to the Barangaroo restricted gaming facility.(5) In this section:keno game means a game of keno for which the Minister administering the Public Lotteries Act 1996 has approved rules under section 23 (1) of that Act.keno rules for a keno game means the rules having effect for that game published in the Gazette under section 23 (2) of the Public Lotteries Act 1996.s 66: Am 2000 No 57, Sch 1 [2] [3]; 2009 No 48, Sch 1 [10]; 2010 No 40, Sch 3.2; 2013 No 100, Sch 1 [25] [26].
67 Directions as to games in casino to be available
(1) The Authority may give a direction in writing to a casino operator concerning any one or more of the following:(a) the particular games that are or are not to be available to be played in the casino,(b) the minimum number of any particular game that is to be available to be played in the casino,(c) the maximum number of any particular game that is to be available to be played in the casino.(2) The Authority may amend any such direction by a further direction in writing to the casino operator.(3) It is a condition of a casino licence that the casino operator is to comply with any direction for the time being in force under this section.(4) Before giving or amending a direction under this section, the Authority is to give the casino operator a reasonable opportunity to make representations to the Authority on the proposed direction or amendment and is to consider any representations made by the casino operator.(5) This section does not apply in relation to the Barangaroo restricted gaming facility.s 67: Am 2013 No 100, Sch 1 [27].
68 Approval of gaming equipment
(1) The Authority may approve of gaming equipment for use in a casino and for that purpose may approve particular equipment or may approve equipment of a specified class or description, and may impose conditions on any such approval.(2) An approval is to be in writing and may be revoked by the Authority by notice in writing to the casino operator.(3) The Authority may investigate or authorise the investigation of gaming equipment for the purpose of determining whether the equipment is suitable to be approved for use in a casino and may require the cost of such an investigation to be paid by a person seeking the approval.(4) Regulations may be made for or with respect to the manufacture or supply of gaming equipment for use in a casino.(5) Despite the provisions of any other law, the possession of gaming equipment is lawful if:(a) the possession is for the purposes of an investigation under this section, or(b) the equipment is identifiable in a manner approved by the Authority and it is in a casino with the approval of the Authority or the circumstances of its possession are such as have been approved by the Authority generally or in a particular case.
69 Unsatisfactory gaming equipment
(1) The Authority may direct a casino operator to rectify to its satisfaction, or to destroy, gaming equipment that it has directed the operator to cease to have available for use on the ground that it is unsatisfactory.(2) It is a condition of a casino licence that the casino operator must forthwith comply with such a direction.s 69: Am 2001 No 27, Sch 1 [14].
70 Conduct of gaming
(1) It is a condition of a casino licence that the following provisions are complied with in the casino and the casino operator is to be considered to have contravened that condition if they are not complied with:(a) gaming equipment (except secondary gaming equipment) is not to be used for gaming in the casino unless there is an approval in force under section 68 for the use in the casino of that equipment or of the class or description of equipment concerned, and it is used in accordance with any conditions to which the approval is subject,(b) all playing cards dealt in the course of gaming in the casino are to be dealt from a card shoe or by using any other device or method that may be required or allowed under the rules of the relevant game (as approved under section 66 (1)),(c) chips for gaming in the casino are not to be issued unless the chips are paid for in money to the value of the chips or by chip purchase voucher that, on payment of the amount shown on the voucher, was issued by or on behalf of the operator unless the game rules require or provide for another method,(d) gaming wagers are not to be placed in the casino otherwise than by means of chips unless the game rules require or provide for the placing of wagers by any other means,(e) all wagers won in the course of gaming in the casino are to be paid in full without deduction of any commission or levy other than a commission or levy provided for in the game rules,(f) all wagers won in the course of gaming in the casino are to be paid in chips unless the regulations or the game rules specifically permit payment by cash, cheque, non-monetary prize or other means,(g) a person who is at or in the vicinity of the casino and is an agent of the casino operator or a casino employee must not induce persons outside the casino to enter the casino or take part in gaming in the casino,(h) a person must not be required to pay any deposit, charge, commission or levy (whether directly or indirectly and whether or not it is claimed to be refundable) to enter the casino or, except as may be provided by the game rules or as may be approved by the Authority, to take part in gaming in the casino,(i) during the times the casino is open to the public for gaming the requirements of subsection (2) are complied with in relation to the exchange and redemption of chips and chip purchase vouchers issued by the casino operator.(2) The requirements for the exchange and redemption of chips and chip purchase vouchers are as follows:(a) chip purchase vouchers are to be exchanged for chips at the request of the patron,(b) chips are to be exchanged for other chips at the request of the patron,(c) chips or chip purchase vouchers are to be redeemed for a cheque at the request of the patron (if the patron requests a cheque), or wholly or partly for money (with a cheque for any balance) if the patron so requests and the casino operator concurs,(d) a cheque in payment for redeemed chips or chip purchase vouchers must be made payable to the patron and drawn on a bank, building society or credit union approved by the Authority,(e) any exchange or redemption of chips or chip purchase vouchers is to be for their full value without any deduction.Note—The requirements in subsection (2) are subject to the operation of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth.(3) In this section, secondary gaming equipment means gaming equipment that is not an intrinsic element of gaming and is of a class that the Authority has identified as secondary gaming equipment by notice in writing to the casino operator.s 70: Am 1996 No 24, Sch 1; 2000 No 57, Sch 1 [4]–[6]; 2001 No 127, Sch 4 [1]; 2010 No 16, Sch 1 [16]–[23].
70A Advertising in relation to gaming machines
(1) It is condition of a casino licence that the casino operator must not publish any advertisement relating to gaming machines or cause or permit any such advertisement to be published.(2) The condition under subsection (1) does not apply in relation to the casino licence until 6 months after this section commences.(3) It is a condition of a casino licence that the casino operator must not, after the commencement of this section, enter into or extend the duration of any contract or arrangement for the publication of any advertisement relating to gaming machines. Any such contract or arrangement entered into or extended after the commencement of this section has no effect.(4) Regardless of any other provision of this section, any contract or arrangement for the publication of any advertisement relating to gaming machines that was entered into before the commencement of this section ceases to have effect 6 months after that commencement.(5) In this section:advertisement relating to gaming machines means any advertisement that gives publicity to, or otherwise promotes or is intended to promote, the playing of gaming machines in the casino, but does not include an advertisement that is exempted from the operation of this section by the regulations.gaming machine has the same meaning as in section 8 (5).publish includes disseminate in any way, whether by oral, visual, written or other means (for example dissemination by means of cinema, video, radio, electronics, the Internet or television or by means of promotional material, brochures or flyers).s 70A: Ins 2001 No 127, Sch 4 [2].
71 Times of operation of casino
(1) It is a condition of a casino licence that the casino is to be open to the public for gaming in accordance with this Act on such days and at such times as are for the time being directed by the Authority by order in writing served on the casino operator.(2) It is a condition of a casino licence that the casino is to be closed to the public:(a) on days and at times that are not days or times specified in a direction for the time being in force under this section, and(b) on days or at times specified in such a direction as days on which, or times at which, the opening of the casino to the public is prohibited.(3) Before giving or varying a direction under this section, the Authority is to consider any representations made by the casino operator in relation to the hours and days to be specified in the direction.(4) This section does not apply in relation to the Barangaroo restricted gaming facility.s 71: Am 2013 No 100, Sch 1 [28].
72 Assistance to patrons
(1) It is a condition of a casino licence that the casino operator must ensure that:(a) at the request of a casino patron, a copy of the game rules for any particular game is made available for inspection by the patron, and(b) there is prominently displayed in the casino such advice or information concerning game rules, mode of payment of winning wagers, the odds of winning for each wager and such other advice or information to the player as may be directed by the Authority, and(c) at the request of a casino patron, a summary of the game rules in respect of a game played in the casino (in accordance with the text approved by the Authority) is provided to the patron, and(d) there is prominently displayed at each gaming table or location related to the playing of a game a sign indicating the permissible minimum and maximum wagers pertaining to the game played there, and(e) a minimum wager indicated in respect of a game at a table or location is not changed to a higher minimum unless a sign indicating the new minimum and the proposed time of change is displayed at the table or location at least 20 minutes before the change.(2) The Authority may by instrument in writing exempt a casino operator from compliance with subsection (1) (d) and (e) in respect of any particular game played in the casino and may grant the exemption subject to conditions.s 72: Am 2000 No 57, Sch 1 [7]–[9]; 2009 No 48, Sch 1 [11].
72A Provision of problem gambling counselling services
(1) A casino operator must, in accordance with the regulations, enter into arrangements for problem gambling counselling services to be made available to the patrons of the casino.Maximum penalty: 100 penalty units.(2) The regulations may make provision for or with respect to the following:(a) the persons or bodies who are to provide the counselling services,(b) the nature of the arrangements to be made with such persons or bodies,(c) the nature of the counselling services that are to be made available,(d) the manner in which those services are to be provided.s 72A: Ins 2001 No 127, Sch 4 [3]. Am 2002 No 112, Sch 1.2 [1]–[3]; 2005 No 78, Sch 2 [1].
73 Operation 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.
74 Credit prohibited
(1) A casino operator must not, and an agent of the operator or a casino employee must not, in connection with any gaming in the casino:(a) accept a wager made otherwise than by means of money or chips, or(b) lend money, chips or any other valuable thing, or(c) provide money or chips as part of a transaction involving a credit card or a debit card, or(d) extend any other form of credit, or(e) except with the approval of the Authority, wholly or partly release or discharge a debt.(2) It is a condition of a casino licence that the casino operator must not contravene subsection (1) and must not cause, permit, suffer or allow an agent of the operator or a casino employee to contravene that subsection.(3) It is a condition of a casino licence that an automatic teller machine or any like device is not to be installed within the boundaries of the casino.(4) This section does not limit the operation of section 75 (Cheques and deposit accounts).(5) Despite any other provision of this section, the holder of a restricted gaming licence may, in the case of a person who is not ordinarily resident in Australia, extend any form of credit to the person to enable the person to participate in:(a) a premium player arrangement, or(b) a junket within the meaning of section 76 that is approved by the Authority.s 74: Am 2013 No 100, Sch 1 [29].
75 Cheques and deposit accounts
(1) In this section:cheque has the same meaning as in the Cheques and Payment Orders Act 1986 of the Commonwealth, but does not include a traveller’s cheque or a cheque that is undated or post-dated.(2) A casino operator may establish for a person a deposit account to which is to be credited the amount of any deposit to the account comprising:(a) money, or(b) a cheque payable to the operator, or(c) a traveller’s cheque.(3) A casino operator may issue to a person who establishes a deposit account and debit to the account chip purchase vouchers, money or a cheque made payable to the person, not exceeding in total value the amount standing to the credit of the account at the time of issue of the vouchers, money or cheque.(4) A casino operator may, in exchange for a cheque payable to the operator or a traveller’s cheque, issue to a person chip purchase vouchers of a value equivalent to the amount of the cheque or traveller’s cheque.(5) A cheque accepted by a casino operator may, by agreement with the operator, be redeemed in exchange for the equivalent in value to the amount of the cheque of any one or more of the following:(a) money,(b) a cheque payable to the operator,(c) chip purchase vouchers,(d) chips.(5A) For the purposes only of subsection (5), electronic funds transfer of an amount to an account operated by the casino operator is taken to be payment of that amount in money to the operator.(6) It is a condition of a casino licence that the casino operator:(a) must not accept a cheque from a person if a cheque previously accepted by the operator from the person has not been met on presentation (unless the amount of the cheque not met was subsequently paid to the operator), and(b) must bank a cheque accepted by the operator under this section within the period of time required by subsection (6A),(c) must not agree to the redemption of a cheque accepted by the operator for the purpose of avoiding compliance with paragraph (b).(6A) A cheque must be banked:(a) within 30 working days after it is accepted, if the cheque is drawn on an account maintained at a branch of the drawee bank that is located outside Australia or an external Territory, or(b) within 10 working days after it is accepted, if the cheque is for $5,000 or more and is drawn on an account maintained at a branch of the drawee bank that is located in Australia or an external Territory, or(c) within 1 working day after it is accepted, in any other case.(7) Section 56 of the Unlawful Gambling Act 1998 does not apply to prevent an action being brought to recover money on a cheque or other instrument given in payment for chip purchase vouchers, or a credit to a deposit account, under this section.s 75: Am 1996 No 10, Sch 1 [1]–[4]; 1998 No 113, Sch 2.3 [2]; 2009 No 48, Sch 1 [12].
76 Junkets and inducements
(1) The regulations may make provision for or with respect to regulating or prohibiting:(a) the promotion and conduct of junkets involving a casino, or(b) the offering to persons of inducements to take part in gambling at a casino, or(c) the offering to persons of inducements to apply for review of exclusion orders.(2) In particular, the regulations may:(a) impose restrictions on who may organise or promote a junket or offer inducements, and(b) require the organiser or promoter of a junket, or a casino operator, to give the Authority advance notice of the junket and to furnish to the Authority detailed information concerning the conduct of and the arrangements for the conduct of any junket, and(c) require any contract or other agreement that relates to the conduct of a junket or the offer of an inducement to be in a form and contain provisions approved of by the Authority, and(d) require the organiser or promoter of a junket, or a casino operator, to give specified information concerning the conduct of the junket to participants in the junket.(3) In this section:junket means:(a) an arrangement involving a person (or a group of people) who is introduced to a casino operator by a promoter who receives a commission based on the turnover of play in the casino attributable to the person or persons introduced by the promoter (or otherwise calculated by reference to such play), or(b) an arrangement for the promotion of gaming in a casino by groups of people (usually involving arrangements for the provision of transportation, accommodation, food, drink and entertainment for participants in the arrangements, some or all of which are paid for by the casino operator or are otherwise provided on a complimentary basis).s 76: Am 1999 No 49, Sch 1 [2]; 2001 No 27, Sch 2 [3]; 2010 No 16, Sch 1 [24].
76A (Repealed)
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].
77 Right of entry to casino
(1) A person enters and remains in a casino only by licence of the casino operator, except as provided by this section and section 78.(2) An inspector may enter, and remain in, a casino, or any part of a casino, pursuant to the functions conferred or imposed on an inspector by this Act.
78 Police powers of entry to casino
(1) For the purpose of the discharge of the duty of a police officer, any part of a casino to which the public has access is to be regarded as a public place.(2) A police officer may, on being authorised by the Authority or an inspector to do so, enter any part of a casino to which the public does not have access and may remain there for the purpose of discharging his or her duty as a police officer.(3) Such an authorisation may be given in a particular case or generally and may be given so as to operate on a specified occasion or throughout a specified period.(4) The Authority or an inspector giving such an authorisation to a police officer is to inform the casino operator or the person for the time being in charge of the casino as soon as practicable.(5) Nothing in this section or section 77 affects any power a police officer has by law to enter any part of a casino.s 78: Am 2001 No 27, Sch 1 [15].
79 Exclusion of persons from casino
(1) The Authority or the casino operator or the person for the time being in charge of the casino may, by order given to a person verbally or in writing, prohibit the person from entering or remaining in a casino.(2) If a person is given such a verbal order and the person requires the order to be given in writing, the verbal order is suspended while the order is put in writing (but only if the person remains available in the casino to be given the written order).(3) The Authority or the casino operator may give a written order under this section to a person, on the person’s voluntary application, prohibiting the person from entering or remaining in a casino. The application must be in writing and the person’s signature on it must be witnessed in a manner determined by the Authority.(4) It is a condition of a casino licence that the casino operator must, as soon as practicable after a written order is given to a person under this section by the operator or by the person for the time being in charge of the casino, cause notice of the order to be given to the Authority.(4A) It is a condition of a casino licence that the casino operator must, as soon as practicable after a written order is given to a person under this section by the operator following a direction given under section 81, cause notice of the order to be given to the Commissioner of Police.(5) This section does not authorise the exclusion from a casino of any person acting in the person’s capacity as an inspector or other authorised person, or as a police officer.s 79: Am 2001 No 27, Sch 1 [16] [17]; 2010 No 16, Sch 1 [25].
80 Review of exclusion order
(1) A person who is given an exclusion order may apply to the Authority within 28 days after the order is given for a review of the order unless the order was given by the Authority or at the direction of the Commissioner of Police.(1A) An exclusion order given by the Authority, or at the direction of the Commissioner of Police, may not be challenged, reviewed, quashed or called into question on any grounds whatsoever before any court or tribunal in any legal proceedings, or restrained, removed or otherwise affected by proceedings in the nature of prohibition or mandamus.(2) An application for review must be made in writing and must specify the grounds on which it is made.(3) The Authority may make such inquiries as it thinks fit into the question of whether or not the exclusion order should be overruled.(4) If the exclusion order was given on the voluntary application of the person to whom it applies, the inquiries made by the Authority are, if possible, to include inquiries made of the witness to the application.(5) On consideration of the grounds specified in the application for review and the results of its inquiries, the Authority may overrule the exclusion order or allow it to stand and is to communicate its decision to the applicant in writing.(5A) The regulations may make provision for or with respect to matters to be taken into consideration by the Authority in making its decision with respect to an application for review of an exclusion order.(6) If the decision of the Authority is to overrule the exclusion order, the decision operates to revoke the order but does not prejudice the right of a casino operator or person for the time being in charge of a casino, acting in good faith, to give a further exclusion order to the person affected.(7) An application for review of an exclusion order does not stay or otherwise affect the operation of the order pending the Authority’s decision on the application.s 80: Am 1999 No 49, Sch 1 [3]; 2001 No 27, Schs 1 [18]–[20], 2 [4] [5].
81 Commissioner of Police may direct that person be excluded from casino and casino precinct
(1) The Commissioner of Police may direct a casino operator in writing to exclude a person from a casino by giving the person or causing the person to be given an exclusion order, and it is a condition of the casino licence that the operator must comply with the direction.(2) The Commissioner may give such a direction in anticipation of the person entering a casino.(3) Where practicable, the Commissioner of Police is to make available to the casino operator a photograph of the person who is the subject of the direction and is to give the person notice of the direction.(4) The regulations may declare that the whole or a specified part of specified premises is to be considered to form part of a casino for the purposes of this section and this section then has effect accordingly in respect of the premises. The premises are referred to in this section as the “casino precinct”.(5) Such a declaration is to apply only to premises that both:(a) form part of or are in the immediate vicinity of the building or complex of which the casino forms part, and(b) are under the control or management of the casino operator.(6) A direction may be given under this section in relation to all or any of the premises comprised in the casino.(7) If a direction is given under this section in relation to the whole or any part of the casino precinct, a reference in sections 79, 82, 83, 84 and 85 (and in any ancillary provisions) to a casino includes a reference to so much of the casino precinct as is the subject of the direction, but only in connection with an exclusion order made or to be made in conformity with the direction.(7A) A direction given under this section may not be challenged, reviewed, quashed or called into question on any grounds whatsoever before any court or tribunal in any legal proceedings, or restrained, removed or otherwise affected by proceedings in the nature of prohibition or mandamus.(8) The Commissioner of Police is to:(a) notify the appropriate authority in each State or Territory of the making of an exclusion order following a direction given under subsection (1) and the revocation of any such order, and(b) provide the appropriate authorities with the name of the person subject to the exclusion order and, where practicable, a photograph of that person.(9) In this section: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].
81A Direction to be made in relation to exclusion orders in other States and Territories
(1) The Commissioner of Police is to give a direction under section 81 (1) in relation to a person if the Commissioner becomes aware that the person is subject to exclusion from another casino following the giving of a similar direction under a corresponding law.(2) The direction is to be made as soon as practicable after the Commissioner becomes aware that the similar direction under a corresponding law has been given.(3) The Commissioner is to advise the Authority of any direction given in accordance with this section as soon as practicable.(4) A direction given in accordance with this section in relation to a person cannot be revoked under section 82 while the person remains subject to exclusion from another casino following the giving of a similar direction under a corresponding law.(5) In this section:another casino means premises, or part of premises, defined as a casino for the time being under an Act of another State, or a Territory, corresponding to this Act.corresponding law means a provision of an Act of another State, or a Territory, corresponding to section 81.s 81A: Ins 2010 No 16, Sch 1 [27].
82 Duration and revocation of exclusion orders
(1) An exclusion order remains in force in respect of a person unless and until it is revoked by the person who gave the order.(2) An exclusion order given by a person for the time being in charge of a casino may be revoked by any other person who is for the time being in charge of the casino or by the casino operator.(3) An exclusion order given at the direction of the Commissioner of Police may not be revoked except with the written approval of the Commissioner.(4) When an exclusion order is revoked by a casino operator or by the person for the time being in charge of a casino, the casino operator must give notice of the revocation to the Authority as soon as practicable after it occurs.Maximum penalty: 50 penalty units.(5) The regulations may make provision for or with respect to matters to be taken into consideration by the person who gave an exclusion order before the person decides to revoke the order.s 82: Am 1999 No 49, Sch 1 [4].
83 List of excluded persons
(1) It is a condition of a casino licence that the casino operator must, on each day that gaming is conducted in the casino, as soon as practicable after the time of day notified by the Authority for the purposes of this subsection:(a) prepare a list of names bearing the date of that day, orthose 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.(b) add the date of that day to an unchanged list of names applicable under this subsection on the last preceding day,(2) It is a condition of a casino licence that the casino operator must:(a) on each day that gaming is conducted in the casino, as soon as practicable after the time of day notified by the Authority for the purposes of this subsection, provide an inspector on duty in the casino with a copy of the list referred to in subsection (1) that bears the date of the day, and(b) notify an inspector on duty in the casino of the making, or the revocation, of an exclusion order of which the operator becomes aware during that day.(3) A person must not provide any part of a list prepared under subsection (1), or any information contained in the list, to any person except:(a) the casino operator,(b) a casino employee,(c) an inspector,(d) (Repealed)(e) the Authority,(f) the Commissioner of Police, or(g) a person approved by the Authority for the purpose, or(h) a person subject to an exclusion order (but only information relating to that person may be provided), or(i) a person or authority prescribed by the regulations.Maximum penalty: 20 penalty units.s 83: Am 2000 No 57, Sch 1 [10] [11]; 2001 No 27, Sch 1 [21] [22].
84 Excluded 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].
85 Removal of excluded person from casino
(1) This section applies to the following persons in a casino:(a) the person for the time being in charge of the casino,(b) an agent of the casino operator,(c) a casino employee.(2) A person to whom this section applies must, as soon as practicable after it becomes known to the person that a person the subject of an exclusion order (including an exclusion order given on the voluntary application of a person under section 79 (3)) is in the casino, notify an inspector, and then remove the person, or cause the person to be removed, from the casino.Maximum penalty: 20 penalty units.(3) It is lawful for a person to whom this section applies, using no more force than is reasonable in the circumstances:(a) to prevent a person the subject of an exclusion order from entering the casino, and(b) to remove such a person from the casino or cause such a person to be removed from the casino.(4) No civil or criminal liability is incurred by a person to whom this section applies for any act done or omitted to be done in good faith, and in accordance with this section, to or in respect of a person.(5) This section does not limit or otherwise affect the civil liability of a person for negligence that causes personal injury to a person or the death of a person.s 85: Am 2000 No 57, Sch 1 [14]; 2010 No 16, Sch 1 [28].
85A Protection 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].
86 Gambling 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.
87 Cheating
(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, orby the dishonest use of:(c) cause, or attempt to cause, a detriment, whether financial or otherwise, to another person,(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, oralthough the benefit was not originally obtained with any dishonest intent, must not dishonestly retain the benefit.(b) an error or oversight in the conduct of the game,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].
88 Detention 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, orand 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.(c) a casino employee,(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.
89 Application of Liquor Act 2007
(1) The Liquor Act 2007 does not apply to or in respect of a casino, except as provided by the regulations.(2) The regulations may apply to a casino, with or without modification, specified provisions of the Liquor Act 2007 and a provision so applied has effect in accordance with the regulations.(3) The Minister may by order published in the Gazette declare that the whole or a specified part of specified premises is to be considered to form part of a casino for the purposes of this section and this section then has effect accordingly in respect of those premises.Editorial note—For orders under section 89 (3) see Gazettes No 109 of 6.9.1995, p 6466 and No 128 of 26.11.1997, p 9467.(4) Such an order is to apply only to premises that form part of or are in the immediate vicinity of the building or complex of which a casino forms part.s 89: Am 2007 No 92, Sch 1 [8]; 2013 No 100, Sch 1 [30].
89A Application of Smoke-free Environment Act 2000
(1) The Smoke-free Environment Act 2000 does not apply to or in respect of the Barangaroo restricted gaming facility on and from 15 November 2019.(2) However, the conditions imposed by the Authority on a restricted gaming licence must:(a) require air quality equipment that is of an international best practice standard to be installed, maintained and operated in the Barangaroo restricted gaming facility, and(b) provide for an independent person appointed by the holder of the licence to test the equipment on a quarterly basis and to report annually to the Minister for Health on the result of those tests.(3) The Minister for Health is to cause each annual report under subsection (2) (b) to be tabled in both Houses of Parliament as soon as practicable after receiving the report.s 89A: Ins 2013 No 100, Sch 1 [31].
90 (Repealed)
s 90: Am 1995 No 11, Sch 1; 2001 No 93, Sch 3.2. Rep 2013 No 100, Sch 1 [32].
Part 6 Minors
91 Definitions
In this Part:acceptable proof of age for a person means:(a) documentary evidence that might reasonably be accepted as applying to the person and as proving that the person is at least 18 years of age, or(b) evidence that the regulations provide is acceptable evidence for the purposes of this Part that the person is at least 18 years of age.minor means a person who is under the age of 18 years.
92 Part applies only during hours of operation of casino
This Part applies to a casino only during the hours of operation of the casino.
93 Minors not to enter casino
A minor must not for any purpose enter or remain in a casino.Maximum penalty: 20 penalty units.s 93: Am 2009 No 48, Sch 1 [13].
94 Minors in casino—offences by casino operator
(1) If a minor enters a casino, the casino operator is guilty of an offence.Maximum penalty: 50 penalty units.(2) If a minor is in a casino, the casino operator must forthwith notify an inspector, and then remove the minor, or cause the minor to be removed, from the casino.Maximum penalty: 50 penalty units.(3) It is a defence to a prosecution for an offence under this section if it is proved that:(a) the minor was above the age of 14 years, and(b) before the minor entered the casino, or while the minor was in the casino, there was produced to the casino operator or to his or her agent or employee acceptable proof of age for the minor.s 94: Am 2000 No 57, Sch 1 [17].
95 Entry of minors to be prevented
(1) If a casino operator or a casino employee is aware that a person who may reasonably be suspected of being a minor is attempting to enter the casino, the casino operator or employee must refuse the person entry to the casino.Maximum penalty: 50 penalty units.(2) A casino operator or employee is not required to refuse the person entry if there is produced to the casino operator or employee acceptable proof of age for the person.
96 Proof of age may be required
(1) The person for the time being in charge of a casino, an agent of the casino operator, a casino employee, an inspector or a police officer may if he or she has reasonable cause to suspect that a person in the casino is a minor:(a) require that person to state his or her correct age, name and address, and(b) if it is suspected on reasonable grounds that the age, name or address given in response to the requirement is false—require the person to produce evidence of its correctness.(2) A person must not fail to comply with a requirement under subsection (1) (a) and must not, without reasonable cause, fail to comply with a requirement under subsection (1) (b).Maximum penalty: 10 penalty units.(3) It is not an offence to fail to comply with a requirement under subsection (1) if the person who made the requirement did not inform the person of whom the requirement was made, at the time it was made, that it is an offence to fail to comply with the requirement.(4) If a person contravenes subsection (2), a police officer may arrest the person without warrant and bring him or her before a Magistrate or authorised officer within the meaning of the Criminal Procedure Act 1986 to be dealt with according to law.s 96: Am 2001 No 121, Sch 2.29 [1].
97 Minors using false evidence of age
A minor who uses any evidence purporting to be evidence of his or her age in order to obtain entry to or remain in a casino is guilty of an offence if the evidence is false in a material particular in relation to the minor.Maximum penalty: 20 penalty units.s 97: Am 2009 No 48, Sch 1 [13].
98 Notices to be displayed
(1) It is a condition of a casino licence that the casino operator must ensure that, at all times when the casino is open to the public for gaming, notices are displayed in the casino with respect to the exclusion from the casino of persons under the age of 18 years.(2) The number, form, size, position and matter to be displayed on such a notice are to be as required by written notice given to the operator by the Authority.
99 Minors not to be detained
A minor may not be imprisoned, or detained in a detention centre, as a consequence of a failure to pay a penalty under this Part.
100 Evidence
In any proceedings under this Act, an allegation in an information that, at a specified time, a person was under the age of 18 years is evidence of the truth of the allegation unless the defendant denies the allegation.
101 Apprentices and trainees permitted entry to casino
It is a defence to a prosecution under this Part if it is proved that the minor concerned was an apprentice or trainee (within the meaning of the Apprenticeship and Traineeship Act 2001) and that the minor’s entry into or presence in a casino on the occasion in question was for the purpose only of his or her receiving training or instruction as an apprentice or trainee.s 101: Am 1996 No 121, Sch 1.1; 2001 No 80, Sch 3.1.
Part 7
102–113 (Repealed)
pt 7: Rep 2007 No 92, Sch 1 [9].
pt 7, div 1 (ss 102–104): Rep 2001 No 27, Sch 1 [23].
pt 7, div 2: Rep 2007 No 92, Sch 1 [9].
s 105: Rep 2007 No 92, Sch 1 [9].
s 106: Am 2001 No 27, Sch 1 [24]. Rep 2007 No 92, Sch 1 [9].
s 107: Rep 2007 No 92, Sch 1 [9].
s 108: Rep 2007 No 92, Sch 1 [9].
s 109: Am 2001 No 27, Sch 1 [25]. Rep 2007 No 92, Sch 1 [9].
s 110: Am 2000 No 57, Sch 1 [18]; 2001 No 27, Schs 1 [26], 2 [8]. Rep 2007 No 92, Sch 1 [9].
s 111: Am 2001 No 27, Sch 1 [27]. Rep 2007 No 92, Sch 1 [9].
s 112: Am 2002 No 103, Sch 4.4 [1]–[3]. Rep 2007 No 92, Sch 1 [9].
s 113: Am 2000 No 57, Sch 1 [19]. Rep 2007 No 92, Sch 1 [9].
Part 8 Casino duty and levies
pt 8, hdg: Am 2005 No 78, Sch 2 [2]. Subst 2013 No 30, Sch 1 [1].
114 Casino duty
(1) A casino duty is to be paid to the Secretary in respect of each casino licence.(2) The amount of the duty is to be:(a) as agreed from time to time by the Treasurer and the casino operator concerned, or(b) in the absence of agreement, as determined by the Treasurer from time to time.(3) The duty is due and payable at the times and in the manner required by the agreement or Treasurer’s determination.(4) The duty paid to the Secretary is to be paid into the Consolidated Fund.s 114: Am 2017 No 20, Sch 2.1 [3].
115 Responsible gambling levy and fund
(1) A responsible gambling levy is to be paid to the Secretary in respect of each casino licence.(2) The amount of the levy is to be:(a) as agreed from time to time by the Treasurer and the casino operator concerned, or(b) in the absence of agreement, as determined by the Treasurer from time to time.(3) The levy is due and payable at the times and in the manner required by the agreement or Treasurer’s determination.(4) The levies paid to the Secretary are to be paid into a Responsible Gambling Fund established in the Special Deposits Account in the Treasury and a separate account is to be kept for the levies paid in respect of each casino licence.(5) The money derived from payment of those levies in respect of a casino licence is to be the subject of the creation and operation of a trust deed appointing trustees and containing provisions approved by the Minister relating to the expenditure of that money for purposes relating to responsible gambling.(6) The trustees of each trust deed may make recommendations to the Minister as to the application of money (appropriate to the trust deed concerned) for purposes relating to responsible gambling and the Minister may pay money out of the Fund in accordance with any such recommendations.(7) The trustees of a trust deed, when making recommendations for payment of money out of the Fund, are required to take into account any policy guidelines issued to the trustees by the Minister for the purpose of giving effect to the provisions of the trust deed relating to expenditure for purposes relating to responsible gambling.(8) The Minister may also pay money out of the Fund for any purpose that is consistent with the provisions of the trust deed but only after consulting with the trustees on the proposed expenditure.s 115: Am 2000 No 13, Sch 3; 2005 No 78, Sch 2 [3]–[6]; 2017 No 20, Sch 2.1 [3].
115A Casino supervisory levy
(1) A casino supervisory levy is to be paid to the Secretary in respect of each casino licence.(2) The amount of the levy is to be fixed by the regulations.(3) The levy is due and payable at the times and in the manner required by the regulations.(4) The levy paid to the Secretary is to be paid into the Consolidated Fund.s 115A: Ins 2013 No 30, Sch 1 [2]. Am 2017 No 20, Sch 2.1 [3].
116 Agreements and determinations
(1) Any agreement or determination for the purposes of this Part must be in writing.(2) The Treasurer is required to consult with the Minister before entering into an agreement or making a determination for the purposes of this Part.(3) A determination under this Part takes effect when written notice of it is given to the casino operator concerned or on such later date as may be specified in the notice.(4) The Treasurer enters into agreements under this Part on behalf of the State.
117 Examples of ways in which duty or levy can be fixed
The following are examples of the ways in which a duty or levy under this Part can be fixed:(a) by providing that the duty or levy is to be a specified amount,(b) by providing that the duty or levy is to be an amount calculated in a specified manner (such as, for example, as a percentage of the gross revenue of the casino from gaming),(c) by providing that the duty or levy is to be a specified “base” amount plus an amount calculated in a specified manner.s 117: Am 2005 No 78, Sch 2 [3]; 2013 No 30, Sch 1 [3].
118 Agreements and determinations to be tabled in Parliament
The Treasurer is required to lay before each House of Parliament a copy of every agreement entered into and determination made by the Treasurer under this Part, within 14 sitting days of that House after the day on which the agreement is entered into or notice of the determination is given to the casino operator concerned.
119 Interest on overdue amounts
(1) Interest is payable by way of penalty on any amount of casino duty, casino supervisory levy or responsible gambling levy that is not paid by the due date.(2) Interest begins to run from the date that the amount concerned becomes due.(3) The rate of interest is as determined by the Treasurer from time to time.(4) Any interest paid under this section is to be considered to have been paid as casino duty, casino supervisory levy or responsible gambling levy, as appropriate to the amount on which it is paid as interest.(5) With the approval of the Treasurer given in a particular case, the Secretary may waive or refund payment of interest under this section as the Secretary thinks fit.s 119: Am 2005 No 78, Sch 2 [3]; 2013 No 30, Sch 1 [4]; 2017 No 20, Sch 2.1 [3].
120 Casino operator liable for duty etc
A casino operator is liable for payment of any duty, levy or interest payable under this Part in respect of the operator’s casino licence and it is a condition of that licence that the operator must pay those amounts.
121 Recovery of duty etc
Any duty, levy or interest payable under this Part may be recovered by the Secretary in a court of competent jurisdiction as a debt due to the Crown.s 121: Am 2017 No 20, Sch 2.1 [3].
122 Effect of suspension of licence
(1) The regulations may make provision for or with respect to the effect of the suspension of a casino licence on any liability of the licensee under this Part.(2) Subject to the regulations, this Part applies in respect of a casino licence even if it is suspended, as if it had not been suspended.
123 Offences relating to revenue
A person must not:(a) wilfully evade the payment of any duty or levy payable by the person under this Part, or(b) furnish a return, or make a statement or report, to the Authority or an inspector in respect of any duty or levy payable under this Part knowing that the return, statement or report is false or misleading in a material particular.Maximum penalty: 100 penalty units.
Part 9 Casino accounting and internal controls
124 Approved system of controls and procedures to be implemented
(1) A casino operator is not to conduct operations in the casino unless the Authority has approved in writing of a system of internal controls and administrative and accounting procedures for the casino.(2) Any such approval may be amended from time to time, as the Authority thinks fit, on the Authority’s own initiative or on the application of the casino operator concerned.(3) An approval or amendment of an approval under this section takes effect when notice of it is given in writing to the casino operator concerned or on a later date specified in the notice.(4) It is a condition of a casino licence that the casino operator must ensure that the system approved for the time being under this section for the casino is implemented.(5) A system approved for a casino under this section may contain different internal controls, or different administrative or accounting procedures, for different parts of the casino.s 124: Am 2001 No 27, Sch 2 [9]; 2010 No 16, Sch 1 [30].
125 (Repealed)
s 125: Am 1996 No 24, Sch 1; 2000 No 57, Sch 1 [20]. Rep 2009 No 48, Sch 1 [14].
126 Access to bank accounts
(1) It is a condition of a casino licence that the casino operator must:(a) provide the Authority with the details of each bank or other financial institution (whether located in or outside Australia) at which an account is held by the casino operator for use in connection with its operations under this Act, and(b) provide the Authority, as required, and in a form approved by the Authority, with a written authority addressed to any such bank or other financial institution authorising the bank or financial institution to comply with any requirements of an inspector exercising the powers conferred by this section.(2) An inspector may, by notice in writing, require the manager or other principal officer of any such bank or other financial institution to provide the inspector with a statement of such an account and such other particulars relating to the account as may be specified in the notice, and a person of whom such a requirement is made must comply with it.Maximum penalty: 50 penalty units.(3) An inspector may not exercise the powers conferred by this section without the prior written approval of the Authority.(4) A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.s 126: Am 1996 No 24, Sch 1; 2001 No 27, Sch 1 [28]; 2009 No 48, Sch 1 [15] [16].
127 Accounts to be kept
(1) It is a condition of a casino licence that the casino operator must keep such accounting records as correctly record and explain the transactions and financial position of the operations of the casino.(2) The accounting records must be kept in such a manner as will enable true and fair financial statements and accounts to be prepared from time to time and the financial statements and accounts to be conveniently and properly audited.
128 Statement of accounts
It is a condition of a casino licence that the casino operator must, as soon as practicable after the end of the financial year determined for the casino by the Authority, prepare financial statements and accounts, including:(a) trading accounts, where applicable, for the financial year, and(b) profit and loss accounts for the financial year, andthat give a true and fair view of the financial operations of the operator in relation to the casino.(c) a balance-sheet as at the end of the financial year,
129 Books etc to be kept on casino premises
(1) It is a condition of a casino licence that the casino operator must ensure that all books, records and documents relating to the operations of the casino are:(a) kept at the casino, and(b) retained for not less than 7 years after the completion of the transactions to which they relate.(2) The Authority may by instrument in writing grant an exemption to a casino operator from all or specified requirements of this section in respect of all or specified, or specified classes of, books, records or documents and may grant such an exemption subject to conditions.
130 Audit
(1) It is a condition of a casino licence that the casino operator must, as soon as practicable after the end of the financial year determined for the casino by the Authority, cause the books, accounts and financial statements of the operator in relation to the casino to be audited by a person approved by the Authority to audit the accounting records of the operator.(2) It is a condition of a casino licence that the casino operator must cause the auditor’s report to be lodged with the Authority within 4 months after the end of the financial year to which the report relates.
131 Submission of reports
(1) It is a condition of a casino licence that the casino operator must submit to the Authority reports relating to the operations of the casino.(2) The reports are to be submitted at such times, and are to contain such information, as is specified by order in writing given to the operator by the Authority from time to time.
132 Part may be extended to associates of casino operator
(1) The Authority may, by notice in writing to a person whom the Authority considers has some association or connection with a casino operator that is relevant to the operation or management of the casino, direct that this Part is to apply to the person.(2) Such a direction operates to apply this Part to the person in the same way as it applies to a casino operator.
Part 10 Additional functions of Authority and administrative matters
pt 10, hdg: Am 2007 No 92, Sch 1 [10].
133–139 (Repealed)
s 133: Rep 2007 No 92, Sch 1 [11].
s 134: Am 1998 No 120, Sch 1.5 [1]. Rep 2007 No 92, Sch 1 [11].
s 135: Am 1993 No 87, Sch 5; 2000 No 57, Sch 1 [21]; 2006 No 30, Sch 9.4. Rep 2007 No 92, Sch 1 [11].
s 136: Am 2001 No 27, Schs 1 [29]–[31], 2 [10]–[14]. Rep 2007 No 92, Sch 1 [11].
ss 137–139: Rep 2007 No 92, Sch 1 [11].
140 Objects of Authority under this Act
The objects of the Authority under this Act are to maintain and administer systems for the licensing, supervision and control of a casino, for the purpose of:(a) ensuring that the management and operation of the casino remains free from criminal influence or exploitation, and(b) ensuring that gaming in the casino is conducted honestly, and(c) (Repealed)(d) containing and controlling the potential of a casino to cause harm to the public interest and to individuals and families.s 140: Am 2000 No 57, Sch 1 [22]; 2007 No 92, Sch 1 [12].
141 Functions of Authority under this Act
(1) The Authority has such functions as are necessary or convenient to enable it to achieve its objects under this Act.(1A) (Repealed)(2) Without limiting its functions under subsection (1), the Authority has the following specific functions:(a) at the direction of the Minister, to invite expressions of interest for the establishment and operation of casinos and applications for casino licences and to consider and determine those applications,(b) to consider and determine applications for other licences under this Act,(c) to keep under constant review all matters connected with casinos and the activities of casino operators, persons associated with casino operators, and persons who are in a position to exercise direct or indirect control over the casino operators or persons associated with casino operators,(d) (Repealed)(e) to advise the Minister on matters relating to the administration of this Act,(f) to approve the games to be played in a casino and the rules under which such games are played,(g) to approve gaming equipment for use in a casino,(h) to approve the operating times of a casino.(i)–(k) (Repealed)(3) The Authority may, with the approval of the Minister, acquire and hold land or an interest in land on behalf of the Crown for the purpose of providing a suitable location and premises for the establishment and operation of a casino.(4) In the exercise of its functions under this Act, the Authority is not required to observe the rules of natural justice (except to the extent that it is specifically required to do so by this Act).s 141: Am 2001 No 27, Sch 1 [32] [33]; 2006 No 2, Sch 4.7 [1]; 2007 No 92, Sch 1 [13]–[16]; 2009 No 48, Sch 1 [17]; 2015 No 56, Sch 2 [1].
142 Authority may conduct negotiations and enter into agreements
(1) With the approval or at the direction of the Minister, the Authority may conduct negotiations and enter into agreements on behalf of the State for or in connection with the establishment and operation of a casino and any development of which a casino or proposed casino forms part.(2) Such an agreement may contain only terms that are approved by the Minister and that are not inconsistent with this Act.(3) Such an agreement may provide that all or specified obligations imposed by the agreement are to be considered to be conditions of the relevant casino licence and such a provision has effect accordingly.(4) An assignment or encumbrance of the rights and obligations conferred or imposed by such an agreement is void unless the Minister consents to the assignment or encumbrance and any conditions subject to which the consent is given are complied with.(5) The Minister may vary or revoke a condition referred to in subsection (4).s 142: Am 2013 No 100, Sch 1 [33].
143 Authority may hold inquiries
(1) For the purpose of the exercise of its functions under this Act, the Authority may arrange for the holding of inquiries in public or in private presided over by a member of the Authority or by some other person appointed by the Authority to preside.(2) Evidence may be taken on oath or affirmation at an inquiry, and for that purpose:(a) the person presiding at the inquiry may require a person appearing at the inquiry who wishes to give evidence to take an oath or to make an affirmation in a form approved by the person presiding, and(b) a key official may administer an oath or affirmation to a person so appearing at the inquiry.(3) The person presiding at an inquiry is not bound by the rules or practice of evidence and may inform himself or herself on any matter in such manner as the person considers appropriate.(4) A reference in this section to an inquiry includes a reference to an inquiry held for the purpose of enabling a person to make submissions to the Authority and a reference to the giving of evidence includes a reference to the making of those submissions.(5) The person presiding at an inquiry is required to report to the Authority on the results of the inquiry and is subject to the control and direction of the Authority with respect to the matters that are to be the subject of inquiry, the procedures to be adopted at an inquiry and the time within which the person is to report to the Authority.s 143: Am 1995 No 56, Sch 1 [4]–[8]; 2007 No 92, Sch 1 [17].
143A Attendance of witnesses
(1) The person presiding at an inquiry being conducted by or on behalf of the Authority under section 143:(a) has the powers, authorities, protections and immunities conferred on a commissioner by Division 1 of Part 2 of the Royal Commissions Act 1923, and(b) if the person is a Judge of the Supreme Court, or is an Australian lawyer of at least 7 years’ standing whose instrument of appointment to preside at the inquiry expressly so provides, has the powers and authorities conferred on a commissioner by Division 2 of Part 2 of the Royal Commissions Act 1923 (except for section 17 (4) and (5)).(2) The Royal Commissions Act 1923 applies to any witness summoned by or before the person presiding at the inquiry (except for section 13 and, subject to subsection (1) (b), Division 2 of Part 2).s 143A: Ins 2001 No 27, Sch 2 [15]. Am 2006 No 30, Sch 9.4.
143B Restriction on publication of information
(1) The person presiding at an inquiry being conducted by or on behalf of the Authority under section 143 may, by order in writing, direct that:(a) any evidence given at the inquiry, or(b) the contents of any document, or a description of any thing, produced at the inquiry, or(c) any information that might enable a person who has given or may be about to give evidence at the inquiry to be identified or located, oris not to be published at all, or is not to be published except in such manner, and to such persons, as the person presiding at the inquiry may specify.(d) the fact that any person has given or may be about to give evidence at the inquiry,(2) Such a direction is not to be given unless the person presiding at the inquiry is satisfied that the direction is necessary in the public interest or that there are other exceptional circumstances that require the direction to be given.(3) A person must not make a publication in contravention of a direction given under this section.Maximum penalty (subsection (3)): 50 penalty units or imprisonment for 12 months, or both.s 143B: Ins 2001 No 27, Sch 2 [15].
143C Referral of information to Commissioner of Police
(1) This section applies to any information obtained by the Authority as to the existence, or possible existence, of major or systemic criminal activity in connection with a casino.(2) After consulting with the Commissioner of Police, the Authority may refer any such information to the Commissioner.(3) The Commissioner of Police is to conduct such investigations and inquiries into the matters to which the information relates and cause a report containing the results of those investigations and inquiries to be sent to the Authority.(4) The Authority may take such action as it considers appropriate in the light of the report, but in so doing must have regard to any recommendations of the Commissioner of Police contained in the report.s 143C: Ins 2001 No 27, Sch 2 [15].
144–148 (Repealed)
s 144: Rep 2007 No 92, Sch 1 [11].
s 145: Am 2001 No 27, Sch 1 [34]; 2006 No 2, Sch 4.7 [2] [3]. Rep 2007 No 92, Sch 1 [11].
s 146: Am 2001 No 27, Sch 1 [35] [36]. Rep 2007 No 92, Sch 1 [11].
s 147: Am 2001 No 27, Sch 1 [37]. Rep 2007 No 92, Sch 1 [11].
s 148: Am 2001 No 27, Sch 2 [16]–[20]; 2003 No 13, Sch 1.2 [1]. Rep 2007 No 92, Sch 1 [11].
149 Information gathering for law enforcement purposes
(1) For the purpose of obtaining information that may be of assistance to a law enforcement agency, the Authority may in writing direct a casino operator to provide the Authority with information obtained by the operator concerning:(a) operations in the casino and in any other premises (whether or not within the State) in the nature of a casino, and(b) any other activity that takes place in the casino or in those other premises.(2) Such a direction may relate to particular information or to information generally and may relate to particular or general information concerning a specified person.(3) The direction must specify:(a) the kind of information that the casino operator is required to provide, and(b) the manner in which the information is to be provided.(4) It is a condition of a casino licence that the casino operator must comply with such a direction.(5) The Authority may make information obtained by the Authority under this section available to any law enforcement agency and may do so despite section 17 of the Gaming and Liquor Administration Act 2007.(6) The Authority must not disclose to a casino operator that a request for information has been made to the Authority by a law enforcement agency or that information obtained under this section has been or will be furnished to a law enforcement agency.(7) In this section:law enforcement agency means:(a) the NSW Police Force or the police force of another State or a Territory, or(b) the New South Wales Crime Commission, or(c) the Australian Federal Police, or(d) the Australian Crime Commission, or(d1) the Law Enforcement Conduct Commission, or(e) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of the State, another State or a Territory.s 149: Am 2003 No 13, Sch 1.2 [2]; 2007 No 92, Sch 1 [18]; 2011 No 62, Sch 3.3; 2011 No 72, Sch 5.1 [1]; 2016 No 61, Sch 6.1.
150 Bribery
(1) A key official must not corruptly ask for, receive or obtain, or agree to receive or obtain, any money, property or benefit of any kind for himself or herself, or for another person:(a) to forgo or neglect his or her duty, or influence him or her, in the exercise of his or her functions as a key official,(b) on account of a thing already done or omitted to be done, or to be afterwards done or omitted to be done, by him or her in the exercise of those functions, or(c) to use, or take advantage of, his or her position as a key official in order improperly to gain a benefit or advantage for, or facilitate the commission of an offence by, another person.Maximum penalty on summary conviction: 100 penalty units or imprisonment for 2 years, or both.Maximum penalty on conviction on indictment: imprisonment for 14 years.(2) A person must not corruptly give to, confer upon, or procure for, or promise or offer to give to, confer upon, or procure for, or attempt to procure for, a key official, or for any other person, any money, property or benefit of any kind:(a) for a key official to forgo or neglect his or her duty, or to influence him or her in the exercise of his or her functions as a key official,(b) on account of anything already done, or omitted to be done, by him or her in the exercise of those functions, or(c) for the key official to use or take advantage of his or her position as a key official in order improperly to gain a benefit or advantage for, or facilitate the commission of an offence by, the person first referred to in this subsection.Maximum penalty on summary conviction: 100 penalty units or imprisonment for 2 years, or both.Maximum penalty on conviction on indictment: imprisonment for 14 years.(3) This section applies to or in respect of a key official only to the extent to which the key official is exercising functions under this Act or in connection with the administration of this Act.s 150: Am 1999 No 94, Sch 4.78 [2]; 2007 No 92, Sch 1 [19].
151–153 (Repealed)
ss 151–153: Rep 2007 No 92, Sch 1 [11].
154 Matters to be included in Authority’s annual report
The Authority is to include the following information in its annual report under the Annual Reports (Statutory Bodies) Act 1984:(a) details of any casino licence granted during the financial year to which the report relates (including details of the conditions subject to which the licence was granted),(b) the number of licences granted under Part 4 (Licensing of casino employees) during that year,(c) details of any changes to the conditions of a licence under this Act made by the Authority during that year,(d) details of any disciplinary action taken by the Authority against a casino operator during that year,(e) a summary of any disciplinary action taken by the Authority during that year against persons licensed under Part 4,(f) details of any directions given by the Minister under section 5 (Directions by the Minister to protect integrity of casino gaming),(g) a summary of the outcome of any investigation or inquiry carried out by the Authority under this Act during that year.s 154: Am 2007 No 92, Sch 1 [20] [21]; 2010 No 16, Sch 1 [31].
Part 11 General
155 Appeals
(1) Except as otherwise provided in this section, a decision of the Authority under this Act is final and is not subject to appeal or review.(2) A person aggrieved by a decision of the Authority 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 Authority, and(b) an order remitting the matter to the Authority to decide again in accordance with the directions of the Court.(4) Proceedings or an appeal in respect of a decision of the Authority do not operate to stay the decision appealed from unless the Supreme Court otherwise orders.
156 No right to compensation for cancellation etc
(1) No right to compensation enforceable against the Crown arises in relation to the cancellation, suspension or variation of the terms or conditions of a licence granted under this Act, or an amendment of the conditions of such a licence under this Act.(2) This section does not apply to or in respect of a restricted gaming licence.s 156: Am 2013 No 100, Sch 1 [34].
157 (Repealed)
s 157: Am 2001 No 27, Sch 1 [38]. Rep 2007 No 92, Sch 1 [11].
158 Disclosure 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) (Repealed)s 158: Am 2007 No 92, Sch 1 [22].
159 Destruction of finger prints etc
(1) Any finger prints or palm prints obtained by the Authority under this Act and any copies of them must be destroyed by the Authority as soon as the Authority has no further use for them.(2) The Authority 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 Authority under this Act, or copies of them, must deliver them to the Authority, in accordance with the directions of the Authority, so as to enable the Authority to comply with subsection (1).Maximum penalty: 20 penalty units.
160 Records 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 (Repealed)
s 161: Rep 2007 No 92, Sch 1 [11].
162 Forgery 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.
163 Conduct 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: 100 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.
164 Simulated 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 Authority 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 (Repealed)
s 165: Rep 2007 No 92, Sch 1 [11].
166 Evidence
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 Authority 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 Authority and certifying as to the reasonable costs incurred by the Authority 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 Authority 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].
166A Delegation 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]
167 Offences by corporations
(1) If a corporation contravenes any provision of this Act, each person who is a director of the corporation or who is concerned in the management of the corporation is to be taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.(2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or convicted under that provision.(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act.
168 Prosecution 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.(4) Proceedings for an offence against this Act may be instituted only by:(a) (Repealed)(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 Authority 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 Authority 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].
168A Penalty notices
(1) An authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence against this Act, being an offence prescribed by the regulations.(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person may pay within a time and to a person specified in the notice the amount of penalty prescribed by the regulations for the offence if dealt with under this section.(3) A penalty notice may be served personally or by post.(4) If the amount of penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence, except proceedings under section 23 (Disciplinary action against casino operator) or 59 (Disciplinary action against licensee).(5) Payment under this section is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil proceeding arising out of the same occurrence.(6) However, when a penalty is paid under this section in respect of a penalty notice served on a person, the person is:(a) for the purposes of section 23—taken to have contravened the provision of this Act to which the penalty notice relates, or(b) for the purposes of section 59—taken to have been convicted of the offence to which the penalty notice relates.(7) The regulations may:(a) prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and(b) prescribe the amount of penalty payable for the offence if dealt with under this section, and(c) prescribe different amounts of penalties for different offences or classes of offences.(8) The amount of a penalty prescribed under this section for an offence must not exceed the maximum amount of penalty that could be imposed for the offence by a court.(9) 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.(10) In this section: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].
169 Forfeiture 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.
169A Remedial 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,to undertake any specified course of training that the court considers will promote responsible practices in the conduct of gambling activities in the casino.(iii) a special employee within the meaning of Part 4,(2) A person who, without lawful excuse, fails to comply with an order under this section is guilty of an offence.Maximum penalty: 20 penalty units.s 169A: Ins 1999 No 49, Sch 1 [6].
170 Regulations
(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 not exceeding 100 penalty units for a contravention of the provision, 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.
171 Savings and transitional provisions
Schedule 4 has effect.s 171: Subst 1995 No 56, Sch 1 [9].
Schedules 1, 2 (Repealed)
sch 1: Am 1997 No 137, Sch 1 [6]; 1998 No 120, Sch 1.5 [2]–[7]; 1999 No 94, Sch 4.78 [3]. Rep 2007 No 92, Sch 1 [23].
sch 2: Am 1996 No 121, Sch 4.9; 2006 No 2, Sch 4.7 [4]–[6]. Rep 2007 No 92, Sch 1 [24].
Schedule 3 Matters for regulations
(Section 170)
1 Gaming devices etc
The installations, devices and equipment to be provided in a casino for gaming and other purposes and the maintenance of the installations, devices and equipment.
2 Security and safety equipment
The installations, devices and equipment to be provided in a casino for security and safety purposes and the maintenance of the installations, devices and equipment.
3 Amenities
The facilities and amenities to be provided for patrons of, and inspectors on duty in, a casino and the maintenance of those amenities.
4 Drop boxes etc
The provision and security of drop boxes and other places for the depositing of money.
5 Movement of equipment
The movement of gaming equipment to and from a casino.
6 Advertising
Advertising relating to a casino.
7 Reports
The submission of reports by a casino operator.
8 Employees other than licensees
Regulating in a casino the activities of persons (other than licensees under Part 4) who are in the casino in the course of their employment or prohibiting any of those activities.
9 Testing of operations
The testing of operations, or of proposed operations, in a casino.
10 Gaming equipment
(1) The manufacture or supply of gaming equipment for use in a casino.(2) The acquisition of gaming equipment for use in a casino.(3) The servicing of gaming equipment used in a casino.(4) The issue and storage of gaming equipment for use in a casino.
11 Publication of information
(1) Requiring the publication of information, and the display of notices, with respect to:(a) the chances of winning or losing associated with the conduct of the various games available in a casino, and(b) the availability of counselling and other services to deal with the social and other problems that can arise from gambling.(2) Prohibiting the disclosure of information identifying the winners of prizes in games conducted in a casino.
12 Contracts for goods or services
The form of contracts that, within the meaning of Division 2 of Part 3, are controlled contracts.
13 Payment of winnings and prizes
(1) The kinds of winnings and prizes that may be offered for specified games.(2) Methods of paying winnings and prizes.
14 Witnesses’ expenses
Providing for the payment of expenses to witnesses attending inquiries conducted under this Act by or on behalf of the Authority.
sch 3: Am 2000 No 57, Sch 1 [24]; 2001 No 27, Sch 2 [21] [22]; 2007 No 92, Sch 1 [25].
Schedule 4 Savings and transitional provisions
(Section 171)
Part 1 Preliminary
1 Regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act and any Act that amends this Act.(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done, or omitted to be done, before the date of its publication.
2 Notice of controlled contracts
Section 37, as in force immediately before the substitution of that section by the Casino Control Amendment Act 1995, continues to apply in respect of a contract or variation of contract the details of which were notified to the Authority under that section before the substitution of that section.
3 Banking and redemption of certain cheques received by casino operator
(1) An amendment made by the Casino Control Amendment (Cheques) Act 1996 does not apply to a cheque accepted by the casino operator before the commencement of the amendment, except as provided by subclause (2).(2) Section 75 (5A) extends to apply in respect of a cheque accepted by the casino operator before the commencement of that subsection, but only so as to authorise the redemption of a cheque by means of an electronic funds transfer made after that commencement.
4 Licences of casino employees
Section 55 (e) as amended by the Casino Control Amendment Act 1997 extends to a licence in force under Part 4 of this Act immediately before the commencement of the amendment.
5 Approval of rules
Section 66, as amended by the Casino Control Amendment Act 2000, extends to rules of a game approved under section 23 of the Public Lotteries Act 1996 before the commencement of that amendment.
6 Conduct of gaming
Section 70, as amended by the Casino Control Amendment Act 2000, extends to a casino licence granted before the commencement of that amendment.
7 Cheating
Section 87, as in force immediately before its amendment by the Casino Control Amendment Act 2000, continues to apply to acts or omissions that took place before the commencement of those amendments.
8 Definitions
In this Part:appointed day means the day appointed under section 2 of the 2001 amending Act for the commencement of the provision in which that expression occurs.former DCS officer means a person who, immediately before the appointed day, held a former DCS position, but does not include a person who was then merely acting in that position.former DCS position means a position within the Department of Gaming and Racing that is taken to have been abolished as referred to in clause 9 (1).new CCA position means a position within the organisational structure of the Authority that is taken to have been created as referred to in clause 9 (1).the 2001 amending Act means the Casino Control Amendment Act 2001.transferred officer means a former DCS officer who holds a new CCA position.
9 Transfer of certain positions
(1) On the appointed day, the following positions within the Department of Gaming and Racing are taken to have been abolished and corresponding positions are taken to have been created within the organisational structure of the Authority:(a) Director of Casino Surveillance (1 position),(b) Secretary to the Director of Casino Surveillance (1 position),(c) Executive Assistant to the Director of Casino Surveillance (1 position),(d) Legal Officer (1 position),(e) Licensing Supervisor (1 position),(f) Licensing Investigator (1 position),(g) Manager Audit (1 position),(h) Audit Supervisor (1 position),(i) Manager Inspector (1 position),(j) Supervising Inspector (5 positions),(k) Inspector (15 positions).(2) The grade and position description for each position so created are to be the same as the grade and position description for the corresponding position within the Department of Gaming and Racing were immediately before the appointed day.(3) Until varied according to law, the conditions of employment (including conditions as to remuneration) applicable to a new CCA position held by a transferred officer are to be the same as the conditions of employment that, immediately before the appointed day, were applicable to the corresponding former DCS position.(4) Despite subclause (3), the conditions of employment applicable to a new CCA position held by a transferred officer are subject to the same variations applying to Public Service positions generally as would have applied to the position had it remained a Public Service position.
10 Transfer and terms of employment of former DCS officers
(1) On the appointed day, each person who, immediately before that day, held a former DCS position (otherwise than on an acting basis) is taken to be the holder of the corresponding new CCA position.(2) Schedule 2, and any provision of the regulations of the kind referred to in clause 8 of Schedule 2, do not apply to a transferred officer while the holder of a new CCA position.(3) In his or her capacity as a member of staff of the Authority, a transferred officer is under the control and direction of the Chief Executive of the Authority.(4) An appeal by a transferred officer who is the holder of a new CCA position does not lie to the Government and Related Employees Appeals Tribunal concerning a promotional matter unless it relates to an appointment to some other new CCA position.
11 Right of return to Public Service
(1) A transferred officer who is the holder of a new CCA position may, at any time after the appointed day, apply for a Public Service position as if the officer were still a public servant.(2) A transferred officer who is the holder of a new CCA position, and who applies for a Public Service position or is appointed to or employed in a Public Service position, is, for the purposes of the Public Sector Management Act 1988, the Government and Related Employees Appeal Tribunal Act 1980 and the Industrial Relations Act 1996 taken to be a public servant in relation to the application, appointment or employment.
12 Director of Casino Surveillance
(1) The office of Director of Casino Surveillance is abolished.(2) Any act or omission of the Director of Casino Surveillance that occurred before the appointed day is taken to be an act or omission of the Authority.
13 Inspectors
Any person who, immediately before the appointed day, was an inspector appointed under section 106 is taken to have been appointed under that section by the Authority.
14 Costs of investigations
(1) Costs incurred by the Director, as referred to in sections 16, 35A and 51 as in force immediately before the appointed day, remain payable to the Authority despite the amendments made to those sections by the 2001 amending Act.(2) A certificate in respect of any such costs may be issued under section 166 (d) on or after the appointed day, and any such certificate issued before the appointed day continues to have effect, despite the amendment of that paragraph by the 2001 amending Act.
15 Referred applications
Section 52, as amended by the 2001 amending Act, extends to applications made before the appointed day, and applies to any such application despite its having been referred to the Director under section 50, as in force immediately before the appointed day.
16 Exclusion orders
(1) Any exclusion order made by the Director under section 79 before the appointed day is taken to have been made by the Authority.(2) Sections 80 and 81, as amended by the 2001 amending Act, extend to any exclusion order made before the appointed day.
17 Integrity testing
Section 136, as amended by the 2001 amending Act, extends to any person who holds a position to which he or she was appointed before the appointed day.
18 Conduct of inquiries
(1) Section 143A, as inserted by the 2001 amending Act, applies only to inquiries commenced on or after the appointed day.(2) Section 143B, as inserted by the 2001 amending Act, extends to inquiries commenced before the appointed day.(3) Section 143C, as inserted by the 2001 amending Act, extends to information obtained by the Authority before the appointed day.
19 Restrictions on employment etc of former key officials
Despite section 147 (3), as amended by the 2001 amending Act, an exemption under that subsection may not be granted in respect of a former Director of Casino Surveillance.
20 Secrecy
Section 148, as amended by the 2001 amending Act, extends to any information acquired by a person before the appointed day.
21 Prosecutions by Director
(1) Any proceedings instituted before the appointed day by the Director, as referred to in section 168 (4) (a), are taken to have been instituted by the Authority or (if the Authority so directs) by such other person as may be specified in that direction.(2) For the purposes of section 168 (4) (c), a person specified in such a direction is taken to be acting with the written authority of the Authority.
Part 7 Provisions consequent on enactment of Gaming Machines Amendment Act 2005
22 Responsible Gambling Fund
The Responsible Gambling Fund referred to in section 115 (4) (as amended by Schedule 2 [4] to the Gaming Machines Amendment Act 2005) is a continuation of the Casino Community Benefit Fund operating under that section immediately before the commencement of that Schedule.
Part 8 Provisions consequent on enactment of Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007
23 Definitions
In this Part:amending Act means the Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007.assets means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money, securities and choses in action).document means any Act (other than this Act) or statutory instrument, or any other instrument, or any other contract or agreement.instrument means an instrument (other than this Act) that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order or process of a court.liabilities means any liabilities, debts or obligations (whether present or future and whether vested or contingent).new Authority means the Casino, Liquor and Gaming Control Authority.relevant repeal date means the day on which section 133 of this Act is repealed by Schedule 1 to the amending Act.rights means any rights, powers, privileges or immunities (whether present or future and whether vested or contingent).
24 Abolition of Casino Control Authority
The Casino Control Authority is abolished on the relevant repeal date.
25 Transfer of assets, rights and liabilities
(1) The assets, rights and liabilities of the Casino Control Authority are, on the relevant repeal date, transferred to the new Authority.(2) The following provisions have effect in relation to the transfer of the assets, rights and liabilities of the Casino Control Authority:(a) the assets vest in the new Authority without the need for any conveyance, transfer, assignment or assurance,(b) the rights and liabilities become the rights and liabilities of the new Authority,(c) all proceedings commenced before the transfer by or against the Casino Control Authority and pending immediately before the transfer are taken to be proceedings pending by or against the new Authority,(d) any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the Casino Control Authority is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the new Authority.(3) The operation of this clause is not to be regarded:(a) as a breach of contract or confidence or otherwise as a civil wrong, or(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or(d) as an event of default under any contract or other instrument.(4) No attornment to the new Authority by a lessee from the Casino Control Authority is required.
26 Members of Casino Control Authority
(1) A person who, immediately before the relevant repeal date, held office as a member of the Casino Control Authority, ceases to hold that office on that date.(2) A person who ceases to hold office as such a member is not entitled to any remuneration or compensation because of the loss of that office.
27 Transfer of staff and abolition of Casino Control Authority Division
(1) The group of staff employed in the Casino Control Authority Division of the Government Service are removed from that Division and added to the Department of the Arts, Sport and Recreation.(2) If a person who was a member of staff of the Casino Control Authority Division immediately before the commencement of this clause was entitled, as such a member, to an allowance that would not otherwise be payable to the person as a member of staff of the Department of the Arts, Sport and Recreation, the allowance continues to be payable to the person as a member of staff of the Department until such time as the entitlement is terminated in accordance with the terms under which the allowance was initially provided.(3) The removal of the group of staff from the Casino Control Authority Division and its addition to the Department of the Arts, Sport and Recreation is taken to have been done under section 104 of the Public Sector Employment and Management Act 2002. Accordingly, this clause does not affect the power conferred by that Act to remove the group of staff concerned from that Department and add it to another Division of the Government Service.(4) The Casino Control Authority Division is abolished as a Division of the Government Service.
28 References to Casino Control Authority
A reference in any other Act, in any instrument made under any Act or in any document of any kind to the Casino Control Authority is to be read as (or as including) a reference to the new Authority.
Part 9 Provisions consequent on enactment of Casino Control Amendment Act 2009
29 Casino licence review period
Section 31, as amended by the Casino Control Amendment Act 2009, extends to a casino licence in force immediately before the commencement of that amendment.
30 Duration of licences of casino employees
Section 55 (e), as amended by the Casino Control Amendment Act 2009, extends to a licence in force under Part 4 of this Act immediately before the commencement of that amendment.
31 Approval of casino layout
An approval in force under section 65 immediately before the amendment to that section by the Casino Control Amendment Act 2009 is, on the commencement of that amendment, taken to be an approval in force under that section as so amended.
32 Approval of games and rules for games
An order in force under section 66 immediately before the amendment to that section by the Casino Control Amendment Act 2009 is, on the commencement of that amendment, taken to be an order in force under that section as so amended.
Part 10 Provisions consequent on enactment of Casino Control Amendment Act 2010
33 Definition
In this Part:amending Act means the Casino Control Amendment Act 2010.
34 Existing controlled contracts
The substitution of the definition of controlled contract by the amending Act does not apply in respect of a contract entered into before the substitution of that definition.
35 Existing special employees
A person who is the holder of a licence (an existing licence) under Part 4 of this Act immediately before the commencement of section 44 (as substituted by the amending Act) is deemed to have been issued on that commencement with:(a) a licence under that Part (as amended by the amending Act), and(b) a certificate of competency for the functions of a special employee that the person was authorised to exercise under the existing licence.
36 Protection from liability
(1) Section 85 (4) and (5) (as inserted by the amending Act) do not apply to liability for loss that a person suffers as a result of a failure that occurs before the commencement of those subsections.(2) Section 85A (as inserted by the amending Act) does not apply to liability for loss that a person suffers as a result of a failure that occurs before the commencement of that section.
sch 4: Subst 1995 No 56, Sch 1 [10]. Am 1996 No 10, Sch 1 [5]; 1997 No 137, Sch 1 [7] [8]; 2000 No 57, Sch 1 [25] [26]; 2001 No 27, Sch 2 [23] [24]; 2005 No 78, Sch 2 [7] [8]; 2007 No 92, Sch 1 [26] [27]; 2009 No 48, Sch 1 [18] [19]; 2010 No 16, Sch 1 [34] [35]; 2013 No 30, Sch 1 [5].