{"id":"casino-act-1997","name":"Casino Act 1997","slug":"casino-act-1997","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31726,"registerId":"sa-casino-act-1997-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Casino Act 1997.\n2A—Object\nThe object of this Act is to provide for the licensing, supervision and control of the Adelaide Casino and, in particular, to ensure—\n\t(a)\tthat the Adelaide Casino is properly managed and operated; and\n\t(b)\tthat those involved in the control, management and operation of the Adelaide Casino are suitable and fit and proper persons to exercise their respective functions and responsibilities; and\n\t(c)\tthat gambling in the Adelaide Casino is conducted responsibly, fairly and honestly, with due regard to minimising the harm caused by gambling; and\n\t(ca)\tthat minors are prohibited from gambling and that minors are not encouraged to gamble; and\n\t(d)\tthat the interest of the State in the taxation of gambling revenue arising from the operation of the Adelaide Casino is properly protected.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nadvertising code of practice means an advertising code of practice prescribed under the Gambling Administration Act 2019;\napproved licensing agreement—see section 16;\nauthorised game means a game of chance, or a game combined of chance and skill, authorised or approved under this Act or the conditions of the casino licence;\nautomated table game equipment means equipment of a kind defined in the approved licensing agreement as automated table game equipment;\ncashless gaming system means a system that enables the storage of monetary value for use in operating a gaming machine or automated table game equipment;\ncasino duty agreement—see section 17;\ncasino licence means the licence (under this Act or the former Act) to operate the casino;\ncasino premises means the premises defined in the casino licence, or by the Governor in accordance with section 6(3), as the casino premises;\nchild means a person under the age of 18 years;\nCommissioner has the same meaning as in the Gambling Administration Act 2019;\nCourt means the Licensing Court of South Australia;\ndesignated person means—\n\t(a)\ta director of the licensee; or\n\t(b)\tan executive officer of the licensee; or\n\t(c)\ta person who is employed or working in an executive capacity who exercises discretion, influence or control in respect of business operations under the casino licence; or\n\t(d)\ta person, or a person of a class, designated by the Commissioner for the purpose;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nexecutive officer of a body corporate is—\n\t(a)\ta secretary or public officer of the body corporate; or\n\t(b)\ta person responsible for managing the body corporate's business or any aspect of its business;\nformer Act means the Casino Act 1983;\ngambling means the playing of a game for monetary or other stakes and includes making or accepting a wager;\ngambling administration guidelines means the gambling administration guidelines issued by the Commissioner under the Gambling Administration Act 2019;\ngambling chips means chips or tokens used or capable of being used as gambling stakes or prizes;\ngaming area means a part of the casino premises that is defined by the Commissioner by notice in the Gazette (in accordance with any requirements in the approved licensing agreement) as a gaming area (whether the notice was published in the Gazette before or after the commencement of this definition);\ngaming machine means gaming machine as defined in the Gaming Machines Act 1992 but does not include automated table game equipment;\ninspector means a person appointed as an inspector for the purposes of this Act under the Gambling Administration Act 2019;\npolice officer means any member of the police force;\npremium customer means a customer of the casino who falls within a class defined in the approved licensing agreement as premium customers to whom the licensee will afford special privileges (including access to gambling in premium gaming areas);\npremium gaming area means a gaming area, or part of a gaming area, that is defined by the Commissioner by notice in the Gazette (in accordance with any requirements in the approved licensing agreement) as an area set aside for premium customers and that is only accessible to other customers in accordance with the approved licensing agreement (whether the notice was published in the Gazette before or after the commencement of this definition);\nprescribed gaming machine component means prescribed gaming machine component as defined in the Gaming Machines Act 1992;\nresponsible gambling code of practice means a responsible gambling code of practice prescribed under the Gambling Administration Act 2019;\nspouse—a person is the spouse of another if they are legally married;\nstaff member means any of the following:\n\t(a)\tan employee of the licensee (including a designated person or a special employee);\n\t(b)\ta person employed or engaged (either by the licensee or someone else) to work at the casino premises.\n\t(2)\tIn this Act, administrator, controller and liquidator have (unless the contrary intention appears) the same respective meanings as in the Corporations Act 2001 of the Commonwealth.\n3A—Interaction with Gambling Administration Act 2019\nThis Act and the Gambling Administration Act 2019 will be read together as a single Act (and a reference in a provision of this Act to \"this Act\" will be taken to include, where relevant, a reference to the Gambling Administration Act 2019).\n4—Close associates\n\t(1)\tTwo persons are close associates if—\n\t(a)\tone is a spouse, domestic partner, parent, brother, sister or child of the other; or\n\t(b)\tthey are members of the same household; or\n\t(c)\tthey are in partnership; or\n\t(d)\tthey are joint venturers; or\n\t(da)\tthey are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or\n\t(e)\tone is a body corporate and the other is a director or executive officer of the body corporate; or\n\t(f)\tone is a body corporate (other than a public company whose shares are quoted on a prescribed financial market) and the other is a shareholder in the body corporate; or\n\t(g)\tone is a body corporate whose shares are quoted on a prescribed financial market and the other has a substantial holding in the body corporate; or\n\t(h)\tone has a right to participate (otherwise than as a shareholder in a body corporate) in, or is remunerated by reference to, proceeds or profits derived from a business conducted by the other; or\n\t(i)\tone is in a position to exercise control or significant influence over the conduct of the other; or\n\t(j)\ta chain of relationships can be traced between them under any one or more of the above paragraphs.\n\t(1a)\tFor the purposes of this section, a reference to a parent, brother, sister or child of a person will be taken to include a reference to a step‑parent, step‑brother, step‑sister or step‑child (as the case requires) of the person.\n\t(2)\tIn subsection (1)—\nprescribed financial market means a prescribed financial market within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth;\nsubstantial holding in a body corporate has the same meaning as in section 9 of the Corporations Act 2001 of the Commonwealth.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Licensing of casino","content":"Part 2—Licensing of casino\n","sortOrder":1},{"sectionNumber":"Div 1","sectionType":"division","heading":"Grant of licence","content":"Division 1—Grant of licence\n5—Grant of licence\n\t(1)\tThe Governor may grant a casino licence.\n\t(2)\tIn the case of the first grant of a casino licence under this section, the grant is to be made to Adelaide Casino Pty Ltd (ACN 082 362 061).\n\t(3)\tAny later grant of a casino licence under this section is to be made, on the recommendation of the Commissioner, to an applicant for the licence.\n6—Casino premises\n\t(1)\tIn the case of the first grant of a casino licence after the commencement of this Act, the licence may only be granted for premises in respect of which a casino licence is, or was last, in force.\n\t(2)\tAfter the first grant of a casino licence under this Act, a casino licence may be granted for premises at a different site (to take effect on or after the surrender or termination of an earlier licence) if the Commissioner, after conducting a public inquiry into the appropriateness of the new site, recommends the grant of the licence for those premises.\n\t(2a)\tThe casino premises will be only regarded as being at a different site for the purposes of subsection (2) if no part of the premises is situated on the previous site.\n\t(3)\tThe Governor may, on the recommendation of the Commissioner (made without public inquiry), redefine the boundaries of the casino premises by notice in the Gazette, if the new boundaries consist only of an extension or contraction of the previous boundaries.\n7—Restriction on number of licences\nThere is not to be more than one casino licence in force under this Act at the same time.\n","sortOrder":2},{"sectionNumber":"Div 2","sectionType":"division","heading":"Authority conferred by licence","content":"Division 2—Authority conferred by licence\n8—Authority conferred by licence\n\t(1)\tDespite any other law of the State, but subject to this Act—\n\t(a)\tthe licensee may operate the casino in accordance with the conditions of the licence; and\n\t(b)\ta person may participate in an authorised game conducted at the casino premises.\n\t(2)\tThe operation of the casino in accordance with the licence does not, in itself, constitute a public or private nuisance.\n8A—Gaming machine entitlements\n\t(1)\tThe licence authorises the licensee to operate a number of gaming machines equivalent to the number of gaming machine entitlements held in respect of the gaming areas by the licensee under the Gaming Machines Act 1992.\n\t(2)\tThe number of gaming machine entitlements held in respect of the gaming areas cannot exceed the maximum number specified in the approved licensing agreement.\n","sortOrder":3},{"sectionNumber":"Div 3","sectionType":"division","heading":"Term and renewal of licence","content":"Division 3—Term and renewal of licence\n9—Term and renewal of licence\n\t(1)\tThe licence is to be granted for a term fixed under the approved licensing agreement.\n\t(2)\tIf before the end of a term for which the licence has been granted or renewed, the parties to the approved licensing agreement renegotiate the agreement, the Governor may renew the licence for a term fixed under the renegotiated agreement.\n\t(3)\tHowever, the licensee is to have no entitlement to, or legitimate expectation of, renewal.\n","sortOrder":4},{"sectionNumber":"Div 4","sectionType":"division","heading":"Conditions of licence","content":"Division 4—Conditions of licence\n10—Conditions of licence\n\t(1)\tThe conditions of the licence consist of—\n\t(a)\tsubject to section 16(1a)—the conditions fixed by this Act; and\n\t(b)\tthe conditions (supplementary licence conditions) fixed by or in accordance with the approved licensing agreement.\n\t(2)\tSubject to the approved licensing agreement, the Governor may, on the recommendation of the Commissioner, vary supplementary licence conditions.\n","sortOrder":5},{"sectionNumber":"Div 5","sectionType":"division","heading":"Transfer of licence","content":"Division 5—Transfer of licence\n11—Transfer of licence\n\t(1)\tThe Governor may, on the recommendation of the Commissioner approve the transfer of the casino licence.\n\t(2)\tOn a transfer of the licence—\n\t(a)\tthe transferee succeeds to all the rights and obligations of the transferor under the approved licensing agreement and the casino duty agreement; and\n\t(ab)\tthe transferee succeeds to all gaming machine entitlements (within the meaning of the Gaming Machines Act 1992) held by the transferor immediately before the transfer; and\n\t(b)\tthe approved licensing agreement and the casino duty agreement govern the conditions of the licence in the same way and to the same extent as before the transfer.\n","sortOrder":6},{"sectionNumber":"Div 6","sectionType":"division","heading":"Dealings affecting casino licence","content":"Division 6—Dealings affecting casino licence\n12—Dealing with licence and associated business assets\nThe licensee cannot mortgage, charge or encumber any of the following assets without the approval of the Commissioner—\n\t(a)\tthe casino licence; or\n\t(b)\tbusiness assets associated with the operation of the casino (including incidental assets such as the facilities for providing food and refreshments for casino patrons).\n13—Dealings affecting casino business\n\t(1)\tThe licensee must not enter into a transaction under which the licensee disposes of, or grants an interest in, the business conducted under the casino licence to someone else without the approval of the Commissioner.\n\t(2)\tThe following are (for example) transactions under which the licensee grants an interest in the business conducted under the casino licence—\n\t(a)\ta partnership agreement that relates to business conducted or to be conducted under the licence;\n\t(b)\tan agreement or arrangement under which a person participates in proceeds or profits of business conducted or to be conducted under the licence;\n\t(c)\tan agreement or arrangement under which the licensee remunerates another by reference to proceeds or profits of the business or any aspect of the business.\n\t(3)\tHowever, this section does not invalidate an agreement or arrangement made subject to a condition precedent under which it is not to take effect until approved by the Commissioner.\n14—Other transactions under which outsiders may acquire control or influence\n\t(1)\tThis section applies to a transaction if it is a transaction (other than one for which the Commissioner's approval is required under this Division or Division 6A) under which a person or a group of persons who are close associates of each other attain a position of control or significant influence over the licensee.\n\t(2)\tWithin 14 days after the licensee becomes aware of a transaction to which this section applies, the licensee must—\n\t(a)\tinform the Commissioner of the transaction; and\n\t(b)\tprovide any information about the transaction that is available to the licensee.\n\t(3)\tIf the licensee is a party to a transaction to which this section applies, and the transaction takes effect before the Commissioner approves it, the licensee is liable to disciplinary action.\n\t(4)\tIf a transaction to which this section applies has not been approved or ratified by the Commissioner, the Commissioner may, after allowing the parties to the transaction a reasonable opportunity to be heard, make orders of one or more of the following kinds:\n\t(a)\tan order avoiding the transaction;\n\t(b)\tan order requiring a person who has acquired an interest under the transaction to dispose of that interest within a specified time;\n\t(c)\tan order terminating a contractual or other relationship under which control or influence might be exercised over the licensee;\n\t(d)\tan order preventing or regulating the exercise of power or influence acquired as a result of the transaction;\n\t(e)\tan order (which may include an order for restitution) dealing with any consequential or ancillary issues.\n\t(5)\tA person adversely affected by an order under subsection (4) may, within 1 month after the date of the order or a longer period allowed by the Court, appeal to the Court against the order.\n\t(6)\tOn an appeal, the Court may—\n\t(a)\tconfirm, vary or revoke the Commissioner's order and, if the order is revoked, make any order that should have been made in the first place; and\n\t(b)\tmake incidental and ancillary orders.\n\t(7)\tThe Court may, if satisfied on application by the Commissioner that there is good reason to do so, register an order of the Commissioner in the Court and, on registration, the order may be enforced as a judgment of the Court.\n14A—Approval or ratification of transactions to which this Division applies\n\t(1)\tAn application for the Commissioner's approval or ratification of a transaction to which this Division applies—\n\t(a)\tmust be made to the Commissioner by the parties to the transaction in the form required by the Commissioner; and\n\t(b)\tmust be supported by the information required by the Commissioner.\n\t(2)\tIf a transaction to which this Division applies results or might result in the acquisition by a person other than the licensee of power to conduct, or to control or exercise significant influence over the conduct of, the casino business, the Commissioner—\n\t(a)\tmust assess the suitability of that person to exercise that power and, in doing so, must apply (to the extent they are applicable) the same criteria as apply to assessing the suitability of a prospective licensee; and\n\t(b)\tmust not approve or ratify the transaction unless satisfied that the person is a suitable person to exercise the relevant power.\n\t(3)\tAn application for the Commissioner's approval or ratification of a transaction to which this Division applies may be withdrawn by a party to the transaction at any time before the application is determined.\n","sortOrder":7},{"sectionNumber":"Div 6A","sectionType":"division","heading":"Approval of designated persons","content":"Division 6A—Approval of designated persons\n14B—Approval of designated persons\n\t(1)\tThe licensee must ensure that each person who becomes a designated person has been approved by the Commissioner.\n\t(2)\tThe licensee must, within 14 days after a person ceases to be a designated person, give the Commissioner written notice identifying the person and stating the date when, and the reason why, the person ceased to be a designated person.\nMaximum penalty: $50 000.\n\t(3)\tThis section applies in relation to designated persons, other than directors of the licensee, subject to any limitation for the time being specified by the Commissioner by written notice to the licensee.\n\t(4)\tThis section does not apply in respect of an administrator, controller or liquidator of the licensee who has assumed control over the business conducted under the licence or a person acting on the authority of such a person.\n\t(5)\tAn application for the Commissioner's approval of a person to become a designated person in relation to the licensee—\n\t(a)\tmust be in the form required by the Commissioner; and\n\t(b)\tmust be supported by the information required by the Commissioner verified, if the Commissioner so requires, by statutory declaration; and\n\t(c)\tmust be made by the licensee.\n\t(6)\tIf a change of circumstances occurs after an application is made but before it is determined, the licensee must immediately give the Commissioner full details of the change.\nMaximum penalty: $75 000.\n\t(7)\tAn application may be withdrawn by the licensee before the application is determined.\n\t(8)\tThe Commissioner must not approve a person to become a designated person in relation to the licensee unless satisfied that the person is a fit and proper person to become a designated person in relation to the licensee.\n\t(9)\tA person is not a fit and proper person to become a designated person in relation to the licensee if—\n\t(a)\tthe person has been found guilty or convicted of an offence as prescribed by the regulations; or\n\t(b)\tin the case of a body corporate—\n\t(i)\tthe body corporate is a body corporate, or is a body corporate of a class, prescribed by the regulations; or\n\t(ii)\tthe body corporate is a prescribed organisation; or\n\t(c)\tin the case of a natural person, the person—\n\t(i)\tis—\n\t(A)\ta member of a prescribed organisation; or\n\t(B)\ta close associate of a person who is a member of a prescribed organisation or is subject to a control order under the Serious and Organised Crime (Control) Act 2008; or\n\t(ii)\tis an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth.\n\t(9a)\tFor the purpose of determining whether a person is a fit and proper person to become a designated person in relation to the licensee, the Commissioner—\n\t(a)\tmay cause the person's photograph to be taken; and\n\t(b)\tmay cause the person's fingerprints to be taken; and\n\t(c)\tmay have regard to the following:\n\t(i)\tthe corporate structure of the person;\n\t(ii)\tthe person's financial background and resources;\n\t(iii)\tthe person's reputation;\n\t(iv)\tthe character, reputation and financial background of the person's close associates;\n\t(v)\tany representations made by the Minister;\n\t(vi)\tany other matters the Commissioner thinks fit.\n\t(10)\tThe Commissioner must give the Commissioner of Police a copy of all applications made under this section and must allow the Commissioner of Police a reasonable opportunity to make representations on the application.\n\t(11)\tThe Commissioner of Police must make available to the Commissioner information about criminal convictions and other information to which the Commissioner of Police has access relevant to whether the application should be granted.\n\t(11a)\tThe Commissioner may, by instrument in writing, exempt the licensee from compliance with this section to an extent specified in the instrument of exemption.\n\t(12)\tIn this section—\nprescribed organisation—the following are prescribed organisations:\n\t(a)\ta declared organisation within the meaning of the Serious and Organised Crime (Control) Act 2008;\n\t(b)\ta criminal organisation within the meaning of Division 1 or Division 2 of Part 3B of the Criminal Law Consolidation Act 1935;\n\t(c)\tany other organisation prescribed by the regulations for the purposes of this definition.\n","sortOrder":8},{"sectionNumber":"Div 7","sectionType":"division","heading":"Surrender of licence","content":"Division 7—Surrender of licence\n15—Surrender of licence\n\t(1)\tThe licensee may surrender the casino licence.\n\t(2)\tThe surrender of the casino licence does not affect liabilities incurred by the licensee before the surrender takes effect.\n","sortOrder":9},{"sectionNumber":"Div 8","sectionType":"division","heading":"Agreement with licensee","content":"Division 8—Agreement with licensee\n16—Approved licensing agreement\n\t(1)\tThere is to be an agreement (the approved licensing agreement) between the licensee and the Minister about—\n\t(a)\tthe operation of the casino; and\n\t(b)\tthe term of the licence; and\n\t(c)\tthe conditions of the licence; and\n\t(d)\tthe performance of the licensee's responsibilities under the licence or this Act.\n\t(1a)\tThe agreement may exempt the licensee from, or modify the licensee's obligation to comply with—\n\t(a)\tspecified requirements of this Act or conditions fixed by this Act; or\n\t(b)\tprovisions of a code or a requirement prescribed by the Commissioner under this Act,\nin relation to premium customers or premium gaming areas.\n\t(1b)\tAn exemption or modification referred to in subsection (1a) may be subject to conditions specified in the approved licensing agreement.\n\t(2)\tThe agreement may deal with other subjects relevant to the casino.\n\t(3)\tThe agreement—\n\t(a)\tis to be entered into with a prospective licensee before the licence is granted or with a licensee before renewal of the licence; and\n\t(b)\tsubject to subsection (1a)—must be consistent with the provisions of this Act.\n\t(4)\tIf the agreement so provides, specified provisions of the agreement become conditions of the casino licence.\n\t(4a)\tThe agreement binds the licensee, the Minister and the Commissioner and, if the agreement so provides, any other person who consents to be bound by the agreement.\n\t(5)\tThe agreement may be varied by a later agreement between the parties but such a variation must (subject to subsection (1a)) be consistent with the provisions of this Act.\n\t(6)\tThe agreement may contain an assurance, on terms and conditions fixed in the agreement, that the exclusiveness of the licensee's right to operate a casino in this State will not be impugned during a period set out in the agreement.\n17—Casino duty agreement\n\t(1)\tThere is to be an agreement (the casino duty agreement) between the licensee and the Treasurer—\n\t(a)\tfixing the amount, or basis of calculation, of casino duty; and\n\t(b)\tproviding for the payment of casino duty; and\n\t(c)\tdealing with interest and penalties to be paid for late payment or non-payment of casino duty.\n\t(2)\tThe agreement is to be entered into with a prospective licensee before the licence is granted or with a licensee before renewal of the licence.\n\t(3)\tThe agreement may be varied by a later agreement between the parties.\n\t(4)\tThe casino duty agreement or an agreement for variation of the casino duty agreement operates as a deed—despite the absence of the formalities of execution and delivery.\n\t(5)\tThe casino duty agreement does not attract stamp duty.\n\t(6)\tBefore entering into a casino duty agreement, the Treasurer may require the licensee or prospective licensee to give security for compliance with its obligations under the agreement.\n\t(7)\tThe Treasurer may delegate any powers or functions under the casino duty agreement or under this Act—\n\t(a)\tto a specified person or body; or\n\t(b)\tto a person occupying a specified office or position.\n\t(8)\tA delegation—\n\t(a)\tmay be made subject to conditions and limitations specified in the instrument of delegation; and\n\t(b)\tif the instrument of delegation so provides, may be further delegated by the delegate; and\n\t(c)\tis revocable at will and does not prevent the Treasurer from acting personally in a matter.\n18—Agreements to be tabled in Parliament\n\t(1)\tThe Minister must, within 12 sitting days after entering into an approved licensing agreement or an agreement for the variation of an approved licensing agreement, have copies of the agreement laid before both Houses of Parliament.\n\t(2)\tThe Treasurer must, within 12 sitting days after entering into a casino duty agreement or an agreement for the variation of a casino duty agreement, have copies of the agreement laid before both Houses of Parliament.\n","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Applications for grant or transfer of licence","content":"Part 3—Applications for grant or transfer of licence\nDivision 1—Eligibility to apply\n19—Eligibility of applicants\nAn applicant for the grant or transfer of the casino licence must be a body corporate.\nDivision 2—Making of applications\n20—Applications\n\t(1)\tApplications for the grant, renewal or transfer of the casino licence are to be made to the Commissioner.\n\t(2)\tAn application—\n\t(a)\tmust be in the form required by the Commissioner; and\n\t(b)\tin the case of an application for the transfer of the licence—must be made jointly by the proposed transferor and transferee; and\n\t(c)\tmust be supported by the information required by the Commissioner.\n\t(3)\tIf a change of circumstances occurs after an application is made but before it is determined, the applicant must immediately give the Commissioner full details of the change.\nMaximum penalty: $75 000.\n\t(4)\tAn applicant for a licence may withdraw the application at any time and, in the case of an application for the transfer of a licence, either party to the application may withdraw the application at any time.\nDivision 3—The Commissioner's recommendation\n21—Suitability of applicant for grant, renewal or transfer of casino licence\n\t(1)\tThe Commissioner must not recommend the grant or renewal of the casino licence unless satisfied that the applicant is a suitable person to operate the casino.\n\t(2)\tIf the Commissioner is satisfied that two or more applicants would be suitable persons to operate the casino, the Commissioner may recommend to the Governor that a choice be made between those applicants (but a recommendation need not be delayed until the Commissioner has assessed all applications).\n\t(3)\tThe Commissioner must not recommend the transfer of the casino licence unless satisfied that the applicant that is the proposed transferee is a suitable person to operate the casino.\n\t(4)\tIn assessing the suitability of an applicant, the Commissioner may have regard to—\n\t(a)\tthe applicant's corporate structure; and\n\t(b)\tthe extent of the applicant's financial resources and whether they are suitable and adequate to ensure the financial stability of the casino; and\n\t(c)\tthe applicant's financial background; and\n\t(d)\tthe extent of the applicant's business acumen and experience and, in particular, whether the applicant's business experience would suggest that it could operate the casino successfully; and\n\t(e)\tthe applicant's reputation; and\n\t(f)\tthe character, reputation, and financial background of the applicant's close associates; and\n\t(g)\tany representations made by the Minister; and\n\t(h)\tany other matters the Commissioner thinks fit.\n\t(5)\tIn considering an application for a casino licence (other than an application for the first grant of a licence after the commencement of this Act), the Commissioner may have regard to—\n\t(a)\tthe nature and standard of the casino premises and the facilities to be provided by, or in conjunction with, the casino; and\n\t(b)\tthe likely impact of the casino on tourism, employment and economic development in the region in which the casino is (or is to be) located.\nDivision 4—Investigations by the Commissioner\n22—Investigations\n\t(1)\tThe Commissioner must carry out the investigations and make the inquiries it considers necessary to enable it to make an appropriate recommendation on an application under this Part.\n\t(2)\tThe Commissioner must keep under review the continued suitability of the licensee and the licensee's close associates, and carry out the investigations it considers necessary for that purpose.\n\t(3)\tThe Commissioner may obtain from the Commissioner of Police such reports on persons as it considers necessary for the purposes of investigations and must, for the purposes of an investigation into an application under this Part, obtain from the Commissioner of Police a report on anyone whose suitability to be concerned in or associated with the management and operation of the casino is to be assessed by the Commissioner.\n23—Investigative powers\n\t(1)\tThe Commissioner may, by notice in writing—\n\t(a)\trequire any person to provide to the best of the person's knowledge and belief, information, verified by statutory declaration, on matters relevant to the investigation that are specified in the notice; or\n\t(b)\trequire any person to appear before the Commissioner for examination on matters relevant to the investigation; or\n\t(c)\trequire any person to produce to the Commissioner, within a period stated in the notice, documents or other material relevant to the investigation.\n\t(2)\tThe Commissioner may also require any person whose suitability to be concerned in or associated with the management and operation of the casino is under investigation to submit to the taking of photographs, finger prints and palm prints.\n\t(3)\tA person is guilty of an offence if the person—\n\t(a)\tfails to comply with a requirement made by the Commissioner under this section; or\n\t(b)\thaving appeared for examination before the Commissioner, refuses or fails to take an oath, or to answer a question to the best of the person's knowledge and belief, when required to do so by the Commissioner.\nMaximum penalty: $100 000.\n\t(4)\tThe powers conferred by this section are in addition to those conferred in the Gambling Administration Act 1995.\n24—Results of investigation\n\t(1)\tIf the Commissioner carries out an investigation under this Part, the Commissioner must notify the following persons of the results of the investigation:\n\t(a)\tthe Minister;\n\t(b)\tin the case of an investigation in connection with an application—the applicant;\n\t(c)\tin the case of an investigation in connection with review of the continued suitability of the licensee or the licensee's close associates—the licensee.\n\t(2)\tThe Commissioner is not obliged to give reasons to an applicant for a recommendation that the application should be granted or rejected.\nDivision 5—Costs of investigation\n25—Costs of investigation\n\t(1)\tIf the Commissioner carries out an investigation under this Part, the Commissioner must require—\n\t(a)\tin the case of an investigation in connection with an application—the applicant; or\n\t(b)\tin the case of an investigation in connection with review of the continued suitability of the licensee or the licensee's close associates—the licensee,\nto meet the cost of the investigation.\n\t(2)\tThe Commissioner may require the applicant or licensee to make specified payments towards the costs of the investigation before the investigation begins and during the course of the investigation.\n\t(3)\tIf a payment is not made by an applicant as required by the Commissioner, the Commissioner may discontinue the investigation.\n\t(4)\tAt the end of the investigation, the Commissioner must certify the cost of the investigation and any unpaid balance of that cost may be recovered from the applicant or licensee as a debt due to the State.\n\t(5)\tIn proceedings for recovery of the cost (or the balance of the cost) of an investigation, the Commissioner's certificate is to be regarded as conclusive evidence of that cost.\nDivision 6—Governor not bound by Commissioner's recommendation\n26—Governor not bound\nThe Governor is not bound to act in accordance with the Commissioner's recommendation.\n","sortOrder":11},{"sectionNumber":"Part 4","sectionType":"part","heading":"Operation of casino","content":"Part 4—Operation of casino\nDivision 1—Opening hours\n27—Opening hours\n\t(1)\tThe hours of opening for business are to be as fixed by or under the conditions of the licence.\n\t(2)\tHowever, it is a condition of the licence that the gaming areas are not to be open for business on Good Friday or Christmas Day.\nDivision 1AA—Right of entry to casino premises\n27AA—Right of entry to casino premises\nExcept as otherwise provided in this Act, no person has a right to enter or remain on casino premises except with the permission of the licensee.\n","sortOrder":12},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Gambling only allowed in enclosed areas","content":"Division 1A—Gambling only allowed in enclosed areas\n27A—Gambling only allowed in enclosed areas\n\t(1)\tIt is a condition of the casino licence that gambling may only take place under the licence within a place or area that is enclosed as defined by the Tobacco and E‑cigarette Products Act 1997 (see section 4(3) and (4)).\n\t(2)\tSection 16(1a) does not apply to the condition imposed under subsection (1).\nDivision 2—Casino management and staff\n28—Interpretation\nIn this Division—\nspecial employee means a person employed or appointed by the licensee to carry out any of the following duties in respect of operations under the casino licence:\n\t(a)\tconducting authorised games;\n\t(b)\thandling, dealing with and accounting for money or gambling chips in the casino premises;\n\t(c)\texchanging money or chips for casino patrons;\n\t(d)\tsecurity and surveillance of the casino premises;\n\t(e)\toperating, maintaining, constructing or repairing equipment for gambling;\n\t(f)\tduties relating to intervention programs for patrons adversely affected by, or at risk of harm from, gambling;\n\t(g)\tduties relating to the operation and conduct of gambling in premium gaming areas, including premium player attraction programs;\n\t(h)\taccounting;\n\t(i)\tsupervising the carrying out of the duties in paragraphs (a) to (h);\n\t(j)\tany other duties related to the operations under the casino licence specified by the Commissioner for the purposes of this definition and notified to the licensee.\n29—Licensee to notify Commissioner of appointment of special employees\n\t(1)\tIt is a condition of the casino licence that the licensee must, in a manner and form determined by the Commissioner—\n\t(a)\tnotify the Commissioner of the employment or appointment of a person as a special employee; and\n\t(b)\twithin 14 days of a person ceasing to be a special employee, or of an employee or person so appointed ceasing to be employed by the licensee, notify the Commissioner of that fact.\n\t(2)\tThis section does not apply—\n\t(a)\tin respect of a person who is approved by the Commissioner as a designated person; or\n\t(b)\tin respect of an administrator, controller or liquidator of the licensee who has assumed control over the casino business or a person acting on the authority of such a person.\n30—Commissioner may notify Commissioner of Police of appointment of special employees\n\t(1)\tThe Commissioner may provide a copy of a notification of the employment or appointment of a person as a special employee to the Commissioner of Police.\n\t(2)\tAs soon as reasonably practicable following receipt of a notification under subsection (1), the Commissioner of Police—\n\t(a)\tmust make available to the Commissioner information about any criminal convictions of the special employee; and\n\t(b)\tmay make available to the Commissioner other information to which the Commissioner of Police has access relevant to whether the Commissioner should issue a prohibition notice under section 31.\n31—Commissioner may give prohibition notice\n\t(1)\tThe Commissioner may prohibit a person from carrying out duties as a special employee either permanently or for a specified period.\n\t(2)\tWritten notice of a prohibition of a person under this section must be given by the Commissioner to the person and the licensee.\n\t(3)\tA prohibition under this section has effect from the day on which the notice is given to the person or such later date as may be specified in the notice.\n\t(4)\tThe Commissioner may, at any time, on the Commissioner's own initiative, or on application by a person given a notice under this section, vary or revoke the notice.\n32—Offences in relation to special employees\n\t(1)\tThe licensee must not employ or appoint—\n\t(a)\ta minor; or\n\t(b)\ta person of a class prescribed by the regulations,\nto be a special employee.\n\t(2)\tThe licensee must not permit a special employee to carry out duties unless their appointment has been notified to the Commissioner under section 29.\n\t(3)\tThis section does not apply—\n\t(a)\tin respect of a designated person; or\n\t(b)\tin respect of an administrator, controller or liquidator of the licensee who has assumed control over the casino business or a person acting on the authority of such a person.\n33—Identity cards\n\t(1)\tA designated person must, during any time when they are on duty in the casino premises—\n\t(a)\tcarry on their person an identity card that is in a form determined by the Commissioner; and\n\t(b)\tat the request of a person, produce their identity card to the person.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(2)\tA special employee must, during any time when they are on duty in the casino premises, wear an identification card that—\n\t(a)\tis in a form determined by the Commissioner; and\n\t(b)\tthat is clearly visible to other persons.\nMaximum penalty: $1 250.\nExpiation fee: $160.\n\t(3)\tA person must, on ceasing to be a special employee or designated person, surrender their identity card to the licensee.\n\t(a)\tin the case of a special employee—$1 250;\n\t(b)\tin the case of a designated person—$2 500.\n\t(a)\tin the case of a special employee—$160;\n\t(b)\tin the case of a designated person—$210.\n34—Certain staff not to gamble\n\t(1)\tA designated person or a special employee must not, except as is necessary for the purpose of carrying out their duties, operate a gaming machine or an automated table game or participate in any authorised game in the casino premises.\nMaximum penalty: $10 000 or imprisonment for 6 months.\n\t(2)\tA staff member (other than a designated person or a special employee) must not, while working in the casino premises, operate a gaming machine or an automated table game or participate in any authorised game in the casino premises.\nMaximum penalty: $5 000.\n35—Special employees and designated persons not to accept gratuities\n\t(1)\tA designated person or a special employee must not, in relation to their work, accept a gift or gratuity from any person.\n\t(a)\tin the case of a designated person—$250 000;\n\t(b)\tin the case of a special employee—$20 000.\n\t(2)\tA person does not commit an offence under subsection (1) by accepting a gift or gratuity if—\n\t(a)\tit is a gratuity paid by the licensee or another employer on a basis approved by the Commissioner; or\n\t(b)\tthe gift or gratuity is of a kind, or given in circumstances, approved by the Commissioner.\n36—Staff exempt from Security and Investigation Industry Act 1995\nStaff members are, in relation to the performance of their functions and duties, exempt from the Security and Investigation Industry Act 1995.\n37—Commissioner may give exemption from application of Division\nThe Commissioner may, by instrument in writing, exempt the licensee, a designated person, a special employee or a staff member from compliance with this Division to an extent specified in the instrument of exemption.\nDivision 4—Approval and use of systems and equipment\n38—Approval of management systems etc\n\t(1)\tIt is a condition of the casino licence that—\n\t(a)\tsystems and procedures for conducting authorised games; and\n\t(b)\tsystems and procedures for surveillance and security; and\n\t(c)\tsystems and procedures for internal management and control; and\n\t(d)\tsystems and procedures for handling, dealing with and accounting for money and gambling chips; and\n\t(e)\tother systems and procedures that the Commissioner determines to be subject to this section,\nmust be approved by the Commissioner.\n\t(2)\tIt is a condition of the casino licence that the licensee must ensure that the licensee's operations under the casino licence conform with the approved systems and procedures.\n39—Operations involving movement of money etc\n\t(1)\tIt is a condition of the casino licence that the licensee must comply with directions given by the Commissioner or an inspector about the movement or counting of money or gambling chips in the casino premises.\n\t(2)\tIt is a condition of the casino licence that the licensee must comply with instructions given by the Commissioner to facilitate the scrutiny by inspectors of operations involving the movement or counting of money or gambling chips in the casino premises.\n40—Approval of installation etc of equipment\n\t(1)\tIt is a condition of the casino licence that the licensee must not permit the installation or use of—\n\t(a)\tequipment for gambling; or\n\t(b)\tequipment for surveillance or security; or\n\t(c)\tequipment of any other kind or for any other purpose notified by the Commissioner to the licensee,\nunless it is approved by the Commissioner.\n\t(2)\tIt is a condition of the casino licence that the licensee must comply with any instructions of the Commissioner about the use of any such equipment.\n\t(3)\tIt is a condition of the casino licence that the Commissioner may, personally or through the agency of an inspector, assume control of any such equipment at any time.\n\t(4)\tIt is a condition of the casino licence that the licensee must not permit the removal or destruction of any such equipment except with the approval of the Commissioner.\n40A—Approval of automated table game equipment, gaming machines and games\n\t(1)\tThe Commissioner may, on application by a person, approve particular automated table game equipment, particular gaming machines or particular games to be of a class that is approved for the purposes of this Act.\n\t(2)\tIf an application under subsection (1) relates to automated table game equipment, a gaming machine or a game that can be lawfully operated or played in another jurisdiction prescribed by the regulations for the purposes of this subsection, the Commissioner must grant the approval (unless that equipment, machine or game is of a kind that must not be approved in accordance with this section or the regulations).\n\t(3)\tThe Commissioner must not approve automated table game equipment under this section unless the equipment—\n\t(b)\tcomplies with any other requirements prescribed by the regulations.\n\t(4)\tThe Commissioner must not approve a gaming machine under this section unless the machine—\n\t(b)\tcomplies with any other requirements prescribed by the regulations.\n\t(5)\tThe Commissioner may determine that a gaming machine complies with a requirement under subsection (4) if the machine, when used with other equipment, complies with the requirement.\n\t(6)\tThe Commissioner must not approve a game under this section unless the game—\n\t(a)\tin the case of a game to be played on a gaming machine—returns winnings to players at a rate that is not less than 87.5% of the total amount of all bets made on the game on a particular gaming machine; and\n\t(b)\tin any case—\n\t(i)\tis able to be operated in compliance with the requirements of this Act; and\n\t(ii)\tcomplies with any other requirements prescribed by the regulations.\n\t(7)\tThe Commissioner may approve a game to be played on a gaming machine for the purposes of this Act that does not comply with subsection (6)(a) if the Commissioner is satisfied that the game will operate in a way that allows the expenditure, or part of the expenditure, on the game when played on a particular gaming machine to accumulate with the expenditure, or part of the expenditure, on a game played on another gaming machine and that the games, in combination, return winnings to players at a rate that is not less than 87.5% of the total amount of all bets made on the games.\n\t(8)\tThe Commissioner may vary or revoke an approval under this section.\n\t(9)\tBefore the Commissioner varies or revokes an approval under subsection (8), the Commissioner must—\n\t(b)\tconsider any representations made by the licensee within 21 days after the notice is given or a longer period allowed in the notice.\n\t(10)\tIn this section—\ngame means any game software for use with a gaming machine or automated table game equipment.\n40B—Commissioner may approve certain systems to be operated in connection with authorised games, gaming machines and automated table game equipment\n\t(1)\tThe Commissioner may, on application by a person, approve systems to be operated in connection with authorised games, approved gaming machines or automated table game equipment, or classes of authorised games, approved gaming machines or automated table game equipment being—\n\t(a)\taccount based cashless gaming systems; or\n\t(b)\tautomated risk monitoring systems; or\n\t(c)\tcashless gaming systems of a kind prescribed by the regulations.\n\t(2)\tThe Commissioner must not approve a system under this section unless the system—\n\t(b)\tcomplies with the requirements of any applicable gambling administration guidelines.\n\t(3)\tIt is a condition of the casino licence that the licensee must, on the request of the Commissioner, provide information recorded by a system approved under this section to the Commissioner for the purposes of gambling research.\n\t(4)\tInformation requested under subsection (3) must be provided in a manner and form and within a time specified by the Commissioner in the request.\n\t(5)\tThe Commissioner may—\n\t(a)\ton the Commissioner's own initiative, by written notice to the licensee; or\n\t(b)\ton application by the licensee,\n\t(6)\tBefore the Commissioner varies or revokes an approval under subsection (5)(a), the Commissioner must—\n\t(b)\tconsider any representations made by the licensee within 21 days after the notice is given or a longer period allowed in the notice.\n\t(7)\tIf the Commissioner—\n\t(a)\trefuses to approve a system under this section; or\n\t(b)\tvaries or revokes an approval of a system under this section,\nthe licensee may apply to the Minister for a review of that decision.\n\t(8)\tThe Minister may determine the application as the Minister thinks fit and, if the Minister finds in favour of the applicant, grant or preserve approval (as appropriate) and require the Commissioner to publish a notice in the Gazette accordingly.\n40C—Commissioner may approve staff training courses\n\t(1)\tThe Commissioner may, on application by a person, approve courses of training to be undertaken by casino staff.\n\t(2)\tThe Commissioner must not approve a training course under this section unless the course complies with the requirements of any applicable responsible gambling codes of practice or any applicable gambling administration guidelines.\n\t(3)\tThe Commissioner may—\n\t(a)\ton the Commissioner's own initiative, by written notice to the licensee and the training course provider; or\n\t(b)\ton application by the licensee or a training course provider,\n\t(4)\tBefore the Commissioner varies or revokes an approval under subsection (3)(a), the Commissioner must—\n\t(b)\tconsider any representations made by the licensee within 21 days after the notice is given or a longer period allowed in the notice.\n40D—Commissioner may approve facial recognition system\n\t(1)\tThe Commissioner may, on application by a person, approve a system to be operated by the licensee that enables the facial image of a person who is about to enter a gaming area to be recognised, identified and recorded (a facial recognition system).\n\t(2)\tThe Commissioner must not approve a facial recognition system under this section unless the system complies with any applicable gambling administration guidelines or any requirements prescribed by the regulations.\n\t(3)\tThe Commissioner may—\n\t(a)\ton the Commissioner's own initiative, by notice to the licensee and the facial recognition system provider; or\n\t(b)\ton application by the licensee or the facial recognition system provider,\n\t(4)\tBefore the Commissioner varies or revokes an approval under subsection (3)(a), the Commissioner must—\n\t(b)\tconsider any representations made within 21 days after the notice is given or a longer period allowed in the notice.\n41—Interference with approved systems, equipment etc\n\t(1)\tA person who interferes in any way with the proper operation of a system, equipment, machine or game approved or recognised under this Division with the intent of gaining any benefit or advantage for himself or herself or any other person, is guilty of an offence.\n\t(2)\tA person who manufactures, sells, supplies or has in his or her possession a device designed, adapted or intended to be used for the purpose of interfering with the proper operation of a system, equipment, machine or game approved or recognised under this Division is guilty of an offence.\n\t(2a)\tIn proceedings for an offence against subsection (2), an allegation in the information that a particular device was designed, adapted or intended to be used for the purpose of interfering with the proper operation of a system, equipment, machine or game approved under this Division, will be accepted as proved in the absence of proof to the contrary.\n\t(3)\tA person who uses a computer, calculator or other device for the purpose of projecting the outcome of an authorised game being played in a gaming area is guilty of an offence.\n\t(4)\tA person other than a special employee must not remove cash or gambling chips from gaming equipment.\nMaximum penalty: $50 000 or imprisonment for 3 months.\n\t(5)\tIn this section—\nspecial employee has the same meaning as in section 28.\nDivision 4AA—Disposal of games and gaming machines\n41AA—Sale or supply of equipment, games, gaming machines and components\n\t(1)\tIt is a condition of the casino licence that the licensee must not sell or supply automated table game equipment, a game, gaming machine or prescribed gaming machine component to a person other than the holder of a gaming machine dealer's licence under the Gaming Machines Act 1992.\n\t(2)\tIf any agreement or arrangement is entered into by the licensee and any person other than the holder of a gaming machine dealer's licence for, or in connection with, the sale or supply of automated table game equipment, games, gaming machines or prescribed gaming machine components the agreement or arrangement is null and void.\n\t(3)\tThis section does not apply in relation to a sale or supply to the transferee on a transfer of the casino licence in accordance with section 11.\n\t(4)\tIn this section—\ngame means any game software for use with a gaming machine or automated table game equipment.\n","sortOrder":13},{"sectionNumber":"Div 4A","sectionType":"division","heading":"Codes of practice","content":"Division 4A—Codes of practice\n41B—Compliance with codes of practice\nIt is a condition of the casino licence—\n\t(a)\tthat the licensee must ensure that advertising by the licensee conforms with the applicable advertising codes of practice; and\n\t(b)\tthat the licensee must ensure that operations under the licence conform with the applicable responsible gambling codes of practice.\nDivision 5—Prohibited practices\n42—Gambling on credit prohibited\n\t(1)\tIt is a condition of the casino licence that the licensee must not, in connection with gambling at the casino premises—\n\t(a)\taccept a wager unless the gambler places the wager by putting down cash or gambling chips at the time the wager is made; or\n\t(b)\tlend money, gambling chips or anything that might be converted into money or gambling chips; or\n\t(ba)\tallow a person to use a credit card or charge card for the purpose of paying for gambling or in circumstances where the licensee could reasonably be expected to know that the use of the card is for that purpose; or\n\t(c)\textend any other form of credit; or\n\t(d)\trelease or discharge a gambling debt without the Commissioner's approval.\n\t(2)\tHowever, the above condition does not prevent the licensee or another person from extending credit for gambling on terms and conditions approved by the Commissioner.\n42A—Prohibition of ATMs\nIt is a condition of the casino licence that the licensee must not provide, or allow another person to provide an automatic teller machine in a gaming area.\n42B—Provisions relating to authorised games, gaming machines and automated table games\n\t(1)\tIt is a condition of the casino licence that the licensee must not provide any gaming machine or automated table game equipment that may be operated in connection with an account based cashless gaming system unless—\n\t(a)\tthe system is approved by the Commissioner under section 40B(1)(a); and\n\t(b)\tthe gaming machine or automated table game equipment is operated in connection with an automated risk monitoring system approved by the Commissioner under section 40B(1)(b); and\n\t(c)\tthe gaming machine or automated table game equipment is capable of displaying on‑screen messages of a kind prescribed in the applicable responsible gambling code of practice either on a primary screen or an ancillary screen; and\n\t(d)\tthe gaming machine or automated table game equipment is operated in connection with a pre‑commitment system in compliance with the requirements prescribed by the regulations.\n\t(2)\tIt is a condition of the casino licence that the licensee must not provide any gaming machine or automated table game equipment that may be operated otherwise than in connection with an automated risk monitoring system approved by the Commissioner under section 40B(1)(b).\n\t(3)\tIt is a condition of the casino licence that the licensee must not provide any gaming machine or automated table game equipment that may be operated—\n\t(a)\tby insertion of a credit or debit card; or\n\t(b)\tby means of a cashless payment system; or\n\t(c)\tby insertion of a ticket (other than in accordance with the requirements prescribed by the regulations).\n\t(3a)\tIt is a condition of the casino licence that the licensee must not allow an authorised game (not being a game played on a gaming machine or automated table game equipment) to be conducted in connection with a cashless gaming system unless the system is approved by the Commissioner under section 40B(1)(c).\n\t(3b)\tIt is a condition of the casino licence that the licensee must not provide any gaming machine in a gaming area that allows the operation of a game by insertion of a banknote if the cash value of the credit balance on the gaming machine is $100 or more.\n\t(4)\tIt is a condition of the casino licence that the licensee must not provide any gaming machine or automated table game equipment that allows the operation of the game by insertion of a banknote of a denomination greater than $50.\n\t(5)\tIt is a condition of the casino licence that the licensee must not permit the use of an audio device on any gaming machine if the use of the device is not intended primarily to assist a person with a hearing impairment.\n\t(6)\tIt is a condition of the casino licence that the licensee must not provide any gaming machine or automated table game equipment that is fitted with a device or mechanism designed to allow the playing of a number of successive games by an automatic process.\n\t(7)\tIt is a condition of the casino licence that the licensee must not provide any gaming machine that allows a maximum bet of more than $5.\n\t(8)\tIn this section—\nancillary screen means a screen—\n\t(a)\tin the sandwich board of a gaming machine or automated table game equipment; or\n\t(b)\tattached to a gaming machine or automated table game equipment that is visible to the person using the machine or equipment;\naudio device means an earphone, earpiece, headphone, headset or any other device to convert signals from a gaming machine to audible sound delivered to the ear of a person playing the machine to the exclusion of everyone else;\ncashless payment system does not include an account based cashless gaming system approved under section 40B(1)(a) or a cashless gaming system of a kind prescribed by the regulations and approved under section 40B(1)(c);\nprimary screen means a gaming machine screen or an automated table game equipment screen;\nticket means a ticket—\n\t(a)\tissued from a gaming machine or automated table game equipment (or from equipment attached to the gaming machine or automated table game equipment for the purpose of issuing tickets); and\n\t(b)\tthat shows the cash value of the credits accumulated and not otherwise redeemed in the course of play on that gaming machine or automated table game equipment.\n42C—Prohibition of gambling outside of gaming areas\n\t(1)\tIt is a condition of the casino licence that the licensee will not, except as may be provided by the approved licensing agreement, permit gambling in the casino premises other than in a gaming area.\n\t(2)\tIf the approved licensing agreement allows the licensee to permit any gambling in a part of the casino premises other than a gaming area, it is a condition of the casino licence that the licensee will take all reasonably practicable measures to ensure that no child is able to engage in that gambling.\n42D—Provisions relating to operation of facial recognition system\n\t(1)\tIt is a condition of the casino licence that the licensee must, for the purposes of identifying barred persons about to enter a gaming area, operate a facial recognition system approved under section 40D in accordance with any requirements prescribed by the regulations.\n\t(2)\tIt is a condition of the casino licence that the licensee must not allow a person to enter a gaming area unless the licensee has caused a record of the person's facial image to be made by means of a facial recognition system approved under section 40D in accordance with any requirements prescribed by the regulations.\nDivision 6—Exclusion of children\n43—Exclusion of children\n\t(1)\tA child who enters a gaming area is guilty of an offence.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(2)\tAny amount won by a child by gambling at the casino premises is forfeited to the Commissioner and must be paid into the Gamblers Rehabilitation Fund established under section 73BA of the Gaming Machines Act 1992.\n\t(3)\tIf a child enters a gaming area, the licensee and the staff member who is responsible for supervising entry to the gaming area are each guilty of an offence.\n\t(a)\tin the case of the licensee—$500 000;\n\t(b)\tin the case of a staff member—$10 000.\n\t(a)\tin the case of the licensee—$5 000;\n\t(b)\tin the case of a staff member—$1 200.\n\t(4)\tIt is a defence to a charge of an offence against subsection (3) to prove that procedures for exclusion of children approved by the Commissioner were being properly enforced at the time the child entered the gaming area.\n\t(4a)\tA person must not knowingly assist a child or enable a child to enter or remain in a gaming area.\n\t(a)\tin the case of the licensee—$500 000;\n\t(b)\tin any other case—$10 000.\n\t(a)\tin the case of the licensee—$5 000;\n\t(b)\tin any other case—$1 200.\n\t(5)\tAn authorised person who suspects on reasonable grounds that a person who is in a gaming area or about to enter a gaming area may be a child may require the person to produce evidence of age to the authorised person's satisfaction.\n\t(6)\tA person who—\n\t(a)\tfails without reasonable excuse to comply with a requirement under subsection (5); or\n\t(b)\tmakes a false statement, or produces false evidence, in response to such a requirement,\nis guilty of an offence.\n\t(7)\tAn authorised person who suspects on reasonable grounds that a person who is in a gaming area is a child—\n\t(a)\tmay require the person to leave the gaming area; and\n\t(b)\tif the person fails to comply with that requirement—exercise reasonable force to remove the person from the gaming area.\n\t(7a)\tThe regulations may prescribe circumstances in which this section or provisions of this section do not apply.\n\t(8)\tIn this section, an authorised person is—\n\t(a)\tan agent or employee of the licensee; or\n\t(b)\ta police officer.\nDivision 7—General barring powers\n44—Licensee's power to bar\n\t(1)\tThe licensee may, by written order, bar a person (the barred person) from the casino premises, or part of the casino premises, for a period specified in the order or for an unlimited period.\n\t(2)\tThe order must—\n\t(a)\tstate the grounds on which the order is made; and\n\t(b)\tset out the rights of the barred person to have the order reviewed under this section; and\n\t(c)\tmust be given to the person against whom it is made personally or by sending it by post addressed to the person at the last known postal address.\n\t(3)\tAn order may be made under this section on any of the following grounds:\n\t(a)\tthe licensee suspects on reasonable grounds that the person against whom the order is to be made—\n\t(i)\thas engaged in dishonest acts in relation to gambling; or\n\t(ii)\thas acted in a way affecting or potentially affecting the proper conduct or integrity of gambling; or\n\t(iii)\thas acted in a way affecting or potentially affecting the safety or wellbeing of the person or other persons on casino premises;\n\t(b)\tthe person against whom the order is to be made has engaged in unlawful conduct;\n\t(c)\tany other reasonable grounds.\n\t(3a)\tAn order may not be made under this section on grounds that the person may suffer harm, or a family member of the person may suffer harm, because of gambling.\nNote—\nIn relation to barring on these grounds, see Part 6 of the Gambling Administration Act 2019.\n\t(4)\tA barred person may, within 14 days after an order is made under this section, apply to the Commissioner for a review of the order and, on completing the review, the Commissioner may confirm, vary or revoke the order.\n\t(5)\tThe licensee or the Commissioner may at any time, on the application of a barred person or on the licensee's or Commissioner's own initiative, vary or revoke an order made under this section.\n\t(6)\tA barred person who enters or remains on casino premises contrary to an order under this section is guilty of an offence.\n\t(7)\tIf a barred person is allowed to enter or remain on casino premises contrary to an order under this section, the licensee is guilty of an offence.\n\t(8)\tAn agent or employee of the licensee or a police officer may exercise reasonable force—\n\t(10)\tThe licensee must retain copies of all orders made under this section.\n\t(11)\tThis section operates without limiting or derogating from the provisions of section 27AA.\n45—Commissioner's power to bar\n\t(1)\tThe Commissioner may, by written order, bar a person (the barred person) from the casino premises, or part of the casino premises, for a period specified in the order or for an unlimited period.\n\t(2)\tThe Commissioner may make an order under this section—\n\t(c)\ton review of an order made by the licensee barring the person against whom the order is to be made from the gaming areas; or\n\t(d)\ton the Commissioner's own initiative.\n\t(3)\tThe order must—\n\t(a)\tstate the grounds on which the order is made; and\n\t(b)\tset out the rights of the barred person to have the order reviewed; and\n\t(c)\tbe given to the person against whom it is made personally or by sending it by post addressed to the person at the last known postal address.\n\t(4)\tAn order may be made under this section on any reasonable grounds (other than on the grounds that the person is at risk of harm, or is at risk of causing harm to a family member of the person, because of gambling).\nNote—\nIn relation to barring on the grounds that the person is at risk of harm, or is at risk of causing harm to a family member of the person, because of gambling, see Part 6 of the Gambling Administration Act 2019.\n\t(5)\tA barred person who enters or remains on casino premises contrary to an order under this section is guilty of an offence.\n\t(6)\tIf a barred person is allowed to enter or remain on casino premises contrary to an order under this section, the licensee is guilty of an offence.\n\t(7)\tAn agent or employee of the licensee or a police officer may exercise reasonable force—\n\t(8)\tThe Commissioner may at any time, on the application of a barred person or on the Commissioner's own initiative, vary or revoke an order made under this section.\n\t(8a)\tA barred person may, within 14 days after an order is made under this section, apply to the Commissioner for a review of the order and, on completing the review, the Commissioner may confirm, vary or revoke the order. \n\t(9)\tThe Commissioner must retain copies of all orders made under this section.\n45A—Commissioner of Police's power to bar\n\t(1)\tThe Commissioner of Police may, by written order, bar a person (the barred person) from the casino premises, or part of the casino premises, for a period specified in the order or for an unlimited period on any reasonable ground.\n\t(2)\tThe order must—\n\t(a)\tsubject to subsection (3), state the grounds on which the order is made; and\n\t(b)\tset out the rights of the barred person to have the order reviewed by the Commissioner; and\n\t(c)\tbe given to the person against whom it is made personally or by sending it by post addressed to the person at the last known postal address.\n\t(3)\tIf a person is barred by order under this section because of information that is classified by the Commissioner of Police as criminal intelligence, the order need only state that it would be contrary to the public interest if the person were not so barred.\n\t(4)\tThe Commissioner of Police must, within 14 days of service of an order under this section, or a variation or revocation of an order under this section, provide the licensee with—\n\t(a)\tinformation that identifies the barred person; and\n\t(b)\ta copy of the order, or notice of the variation or revocation of the order,\n(but a failure to comply with this subsection does not affect the operation of the order, or the variation or revocation of the order).\n\t(4a)\tA barred person may, within 14 days after an order is made under this section, apply to the Commissioner for a review of the order and, on completing the review, the Commissioner may confirm, vary or revoke the order.\n\t(4b)\tThe Commissioner of Police may at any time, on the application of a barred person or on the Commissioner of Police's own initiative, vary or revoke an order under this section.\n\t(5)\tA barred person who enters or remains on casino premises contrary to an order under this section is guilty of an offence.\n\t(6)\tIf a barred person is allowed to enter or remain on casino premises contrary to an order under this section, the licensee is guilty of an offence.\n\t(7)\tAn agent or employee of the licensee or a police officer may exercise reasonable force—\n\t(9)\tThe Commissioner of Police may not delegate his or her power under this section except to a Deputy Commissioner or Assistant Commissioner of Police.\n\t(10)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the Commissioner of Police to act in any matter; and\n\t(d)\tis revocable at will by the Commissioner of Police.\n46—Summary exclusion in case of intoxication etc\nAn agent or employee of the licensee or a police officer may exercise reasonable force to prevent a person entering the casino premises, or to remove a person from the casino premises, if the person—\n\t(a)\tis behaving in an abusive, offensive or disorderly manner; or\n\t(b)\tappears to be intoxicated.\n","sortOrder":14},{"sectionNumber":"Div 9","sectionType":"division","heading":"Consultation with licensee","content":"Division 9—Consultation with licensee\n47A—Requirement for Commissioner to consult licensee\n\t(1)\tThis section applies to any of the following powers of the Commissioner under this Part:\n\t(a)\tthe power to give instructions;\n\t(b)\tthe power of classification or designation in relation to officers or staff of the licensee;\n\t(c)\tthe power to determine systems and procedures for which the Commissioner's approval will be required;\n\t(d)\tthe power to notify the licensee of equipment for which the Commissioner's approval will be required;\n\t(e)\tthe power to approve the basis on which staff gifts or gratuities may be accepted.\n\t(2)\tBefore the Commissioner exercises a power to which this section applies the Commissioner must, unless the Commissioner considers it contrary to the public interest to do so—\n\t(a)\tgive written notice to the licensee of the proposed exercise of power; and\n\t(b)\tconsider any representations made by the licensee about the proposed exercise of power within 14 days after the notice is given or a longer period allowed in the notice.\n","sortOrder":15},{"sectionNumber":"Part 5","sectionType":"part","heading":"Financial matters","content":"Part 5—Financial matters\nDivision 1—Accounts and audit\n48—Accounts and audit\n\t(1)\tThe licensee must keep proper financial accounts in relation to the operation of the casino.\n\t(3)\tThe licensee must have the accounts periodically audited as required under the conditions of the licence by a registered company auditor.\n\t(4)\tThe licensee must, on the request of the Treasurer or the Commissioner and within the time specified in the request, provide to the Treasurer or Commissioner (as the case may be) a copy of the audited accounts in relation to the operation of the licensed business.\n50—Duty of auditor\n\t(1)\tThe auditor of accounts that the licensee is required to keep either under this Division or the Corporations Act 2001 of the Commonwealth must—\n\t(a)\tnotify the Commissioner of any suspected irregularity in the accounts or in the licensee's financial affairs; and\n\t(b)\tmust, on the written request of the Commissioner, provide the Commissioner with information specified in the request (in a manner and form specified in the request) about the accounts or the licensee's financial affairs.\n\t(2)\tA communication under subsection (1) is absolutely privileged.\n\t(3)\tThe Commissioner must keep information obtained under this section confidential, subject to the following exceptions:\n\t(a)\tthe Commissioner may, on the written request of the Minister or the Treasurer, divulge information obtained under this section to the Minister or the Treasurer (as the case may be);\n\t(b)\tthe Commissioner may divulge information obtained under this section as otherwise authorised by law.\nDivision 2—Casino duty\n51—Liability to casino duty\n\t(1)\tThe licensee must pay casino duty (and interest and penalties for late payment or non‑payment of casino duty) in accordance with the casino duty agreement.\n\t(2)\tIn the absence of an agreement between the licensee and the Treasurer, the licensee must pay casino duty (and interest and penalties for late payment or non-payment of casino duty) on a basis fixed under the regulations.\n\t(3)\tThe Treasurer must pay duty (and interest and penalties) received from the licensee into the Consolidated Account.\n\t(4)\tCasino duty (and interest and penalties) may be recovered as a debt due to the State.\n52—Evasion and underpayment of casino duty\n\t(1)\tThe licensee must not—\n\t(a)\tattempt to evade the payment of casino duty; or\n\t(b)\tmake a false or misleading statement or return relevant to the amount of casino duty payable knowing it to be false or misleading.\nMaximum penalty: $50 million.\n\t(2)\tIf the licensee contravenes subsection (1) or there is otherwise an underpayment of casino duty, the Treasurer may make an estimate of the duty that should have been paid and make a reassessment of duty on the basis of the estimate.\n\t(3)\tDuty may be recovered on the basis of the reassessment as a debt due to the State.\n52AA—Investigatory powers relating to casino duty\n\t(1)\tIt is a condition of the casino licence that the licensee must, on the written request of the Treasurer, provide information within the time specified in the request about any matter relevant to the payment of casino duty or the casino duty agreement.\n\t(2)\tAn authorised officer may, for a purpose related to the payment of casino duty or the casino duty agreement—\n\t(a)\tenter and remain on premises; and\n\t(b)\trequire any person on the premises to answer questions or otherwise furnish information; and\n\t(c)\trequire any person on the premises to produce any instrument or record in the person's custody or control (including a written record that reproduces in an understandable form information stored by computer, microfilm or other means or process); and\n\t(d)\trequire the owner or occupier of the premises to provide the authorised officer with such assistance and facilities as is or are reasonably necessary to enable the authorised officer to exercise powers under this Division; and\n\t(e)\tseize and remove any instrument or record on behalf of the Treasurer.\n\t(3)\tEntry may be made at any reasonable time.\n\t(4)\tAn authorised officer must, at the request of a person in relation to whom the authorised officer intends to exercise any powers under this section, produce the officer's identity card for the inspection of the person.\n\t(5)\tA person who—\n\t(a)\thinders or obstructs an authorised officer in the exercise of a power under this section; or\n\t(b)\twithout reasonable excuse, refuses or fails to comply with a requirement of an authorised officer under this section,\nis guilty of an offence.\nMaximum penalty: $1 million.\n\t(6)\tA person is not guilty of an offence under this section arising from the entry of an authorised officer onto premises unless it is established that, at the material time, the authorised officer—\n\t(a)\tidentified himself or herself as an authorised officer; and\n\t(b)\twarned the person that a refusal or failure to comply with the requirement constituted an offence.\n\t(7)\tIn this section—\nauthorised officer means an authorised officer under the Taxation Administration Act 1996.\nDivision 3—Recovery of administration costs\n52A—Commissioner to recover administration costs\n\t(1)\tThe Commissioner must, not less than 1 month before the commencement of each financial year, notify the licensee in writing of the amount fixed by the Minister as the recoverable administration costs for that financial year.\n\t(2)\tIf, during the course of the financial year, the Minister varies the amount fixed as the recoverable administration costs for the financial year, the Commissioner must notify the licensee in writing of the variation, specifying the amount fixed as the revised recoverable administration costs for that financial year.\n\t(3)\tSubject to subsection (4), the licensee must, in each month of the financial year, pay to the Commissioner one‑twelfth of the amount of the recoverable administration costs for that financial year.\n\t(4)\tIf a notice is given to the licensee under subsection (2), the licensee must, in each month of the financial year following that notice, pay to the Commissioner an amount equal to the revised recoverable administration costs specified in the notice less the total of the payments that have fallen due under this section in the financial year, divided by the number of payments yet to fall due under this section in the financial year.\n\t(5)\tIf the whole or a part of an amount payable by the licensee is not paid to the Commissioner as required, the amount unpaid may be recovered from the licensee as a debt due to the State.\n\t(6)\tIn proceedings for recovery of an amount unpaid, the Commissioner's certificate is to be regarded as conclusive evidence of the recoverable administration costs or revised recoverable administration costs for the period specified in the certificate.\n\t(7)\tIn this section—\nadministration costs means the costs of administering this Act arising out of, or in connection with, the carrying out of the Commissioner's administrative and regulatory functions in respect of the licensee.\n","sortOrder":16},{"sectionNumber":"Part 7","sectionType":"part","heading":"Power to deal with default","content":"Part 7—Power to deal with default\nDivision 6—Official management\n63—Power to appoint manager\n\t(1)\tIf the casino licence—\n\t(a)\tis suspended, cancelled or surrendered; or\n\t(b)\texpires and is not renewed,\nthe Minister may, on the recommendation of the Commissioner, appoint an official manager of the business conducted under the licence.\n\t(2)\tIf the licensee—\n\t(a)\tbecomes insolvent within the meaning of Part 7.10 of the Corporations Act 2001 of the Commonwealth; or\n\t(b)\tgoes into liquidation,\nthe Minister may, on the recommendation of the Commissioner, appoint an official manager of the business conducted under the licence.\n\t(2a)\tBefore making a recommendation under subsection (1) or (2), the Commissioner must consult with the Commissioner of Police and must allow the Commissioner of Police a reasonable opportunity to make representations in relation to the appointment of a person as an official manager.\n\t(2b)\tThe Commissioner of Police must make available to the Commissioner information about criminal convictions and other information to which the Commissioner of Police has access relevant to the appointment of a person as an official manager under subsection (1) or (2).\n\t(3)\tAn appointment under subsection (1) or (2) may be terminated at any time by the Minister.\n\t(4)\tThe approved licensing agreement may contain provisions governing the basis on which the Minister's powers are to be exercised under this section.\n64—Powers of manager\n\t(1)\tThe official manager—\n\t(a)\tis to assume control of the business conducted under the licence (or former licence); and\n\t(b)\tis entitled to possession and control of property of the licensee (or former licensee) used for the purposes of the business conducted under the licence; and\n\t(c)\tis, while the appointment continues in force, taken to be the holder of a licence on conditions determined by the Commissioner.\n\t(2)\tAny proceeds of the business while under official management are to be applied as follows—\n\t(a)\tfirst, a reasonable rental for the licensee's (or former licensee's) property is to be paid out of the proceeds to the licensee (or former licensee) while the property remains in the official manager's possession; and\n\t(b)\tsecondly, the proceeds are to be applied towards the costs of official management (including the official manager's remuneration); and\n\t(c)\tthirdly, any remaining balance is to be paid into the Consolidated Account.\n\t(3)\tHowever, the approved licensing agreement may operate to exclude or modify the provisions of subsection (2).\n\t(4)\tThe regulations may confer powers and impose duties on official managers and regulate official management in other ways.\nDivision 7—Administrators, controllers and liquidators\n64A—Administrators, controllers and liquidators\n\t(1)\tIf an administrator, controller or liquidator of the licensee assumes control over the casino business for a period (the period of administration) that person—\n\t(a)\tstands in the position of the licensee for the period of administration; and\n\t(b)\tis liable for the casino duty and other liabilities to the Crown accruing during the period of administration; and\n\t(c)\tis subject to this Act, and liable to direction and control under this Act, in the same way as if the person were the licensee; and\n\t(d)\tif charged with an offence against this Act, is entitled to a defence on proof that the offence was not committed intentionally and did not arise from the defendant's failure to take reasonable care to avoid the commission of the offence.\n\t(2)\tFor the purposes of subsection (1), an administrator, controller or liquidator will only be regarded as being in control of the casino business if in control of all or substantially all of the business assets associated with the operation of the casino.\n\t(3)\tAn administrator, controller or liquidator must, within 7 days after assuming control over the casino business, notify the Commissioner of that fact.\n","sortOrder":17},{"sectionNumber":"Part 9","sectionType":"part","heading":"Miscellaneous","content":"Part 9—Miscellaneous\n68—Reasons for decision\n\t(1)\tThe Governor is not bound to give reasons for a decision under this Act.\n\t(2)\tSubject to this Act, the Commissioner is not bound to give reasons for a decision of the Commissioner under this Act.\n69—Confidentiality of information provided by Commissioner of Police\n\t(1)\tInformation provided by the Commissioner of Police under this Act to the Commissioner may not be disclosed to any person other than the Minister, a court or a person to whom the Commissioner of Police authorises its disclosure, if the Commissioner of Police asks for the information to be kept confidential on the ground that its disclosure might create a risk of loss, harm or undue distress.\n\t(2)\tThis section applies in addition to Part 3 of the Gambling Administration Act 2019.\n72—Regulations\n\t(1)\tThe Governor may make regulations for the purposes of this Act.\n\t(1a)\tThe regulations may be of general, limited or varied application according to—\n\t(a)\tthe classes of person, equipment or operations; or\n\t(b)\tthe circumstances; or\n\t(c)\tany other specified factor,\nto which the provision is expressed to apply.\n\t(1ab)\tThe regulations may make provisions of a saving or transitional nature consequent on the enactment of any amendments to this Act or on the commencement of specified provisions of this Act or on the making of regulations under this Act.\n\t(1b)\tThe regulations may, for transitional purposes—\n\t(a)\tprovide that specified provisions of this Act will not apply in relation to the licensee or the casino premises, or a specified part of the casino premises, until a specified day; or\n\t(b)\tmodify the application of this Act, or provisions of this Act, in relation to the licensee or the casino premises, or a specified part of the casino premises, until a specified day.\n\t(2)\tA regulation may impose a penalty not exceeding $15 000 for contravention of, or failure to comply with, a provision of a regulation.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Casino Act 1997 repealed the following:\nCasino Act 1983\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Casino Act 1997\n19.6.1997\n11.9.1997 (Gazette 11.9.1997 p703) except Pts 5 & 7 and s 71—19.6.1999 (s 7(5) Acts Interpretation Act 1915)\n Casino (Licence) Amendment Act 1999\n Statutes Amendment (Gambling Regulation) Act 2001\n31.5.2001\nPt 3 (ss 11—15 & 17—19)—1.10.2001 (Gazette 13.9.2001 p4116); Pt 3 (s 16)—1.6.2002 (Gazette 30.5.2002 p1996)\n Statutes Amendment (Corporations—Financial Services Reform) Act 2002\n28.11.2002\nPt 5 (ss 10—14)—1.8.2003 (Gazette 10.7.2003 p2913)\n Statutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 13 (ss 50 & 51)—4.9.2006 (Gazette 17.8.2006 p2831)\n Statutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 12 (ss 38 & 39)—1.6.2007 (Gazette 26.4.2007 p1352)\n Statutes Amendment (Investigation and Regulation of Gambling Licensees) Act 2007\nPt 3 (ss 9—12) & Sch 1 (cl 2)—1.11.2007\n Statutes Amendment (Power to Bar) Act 2008\n4.12.2008\nPt 3 (ss 12—16)—1.3.2009 (Gazette 26.2.2009 p765) except new s 66A(6) (as inserted by s 15)—4.12.2010 (s 7(5) Acts Interpretation Act 1915)\n Gaming Machines (Miscellaneous) Amendment Act 2010\n9.12.2010\nSch 1 (cl 1)—1.1.2011 (Gazette 16.12.2010 p5695)\n Statutes Amendment (Criminal Intelligence) Act 2012\n24.5.2012\nPt 2 (ss 4 & 5)—12.7.2012 (Gazette 12.7.2012 p3110)\n Statutes Amendment (Gambling Reform) Act 2013\n8.8.2013\nPt 3 (s 56)—31.8.2013; s 37—31.10.2013; ss 12—36, 38, 39, new ss 42A, 42B(1)—(6), (8) & 42C (as inserted by s 40); ss 41, 46—55 & 57—61—1.1.2014; ss 42—45—1.7.2014; new s 42B(7) (as inserted by s 40)—1.1.2017 (Gazette 29.8.2013 p3648)\n Statutes Amendment and Repeal (Budget Measures) Act 2018\n22.11.2018\nPt 3 (ss 37 to 62)—1.12.2018 (Gazette 29.11.2018 p4058)\n Gambling Administration Act 2019\n12.12.2019\nSch 1 (cll 1 & 3(2), (7) to (11))—3.12.2020 (Gazette 30.7.2020 p4103)\n Statutes Amendment (Gambling Regulation) Act 2019\n12.12.2019\nPt 3 (ss 40, 41(8), deletion of substantial shareholder by s 41(9), ss 43, 45 to 48, 51, deletion of s 40B & insertion of s 40D by s 52, s 53, substitution of s 42B(1) & (2) by s 56(1), ss 56(3) & (4), 58 to 61, 64, 65, 68 & 69) & Sch 1 (cl 2(1), (3), (4), (7))—30.7.2020; substitution of s 42B(3) & insertion of s 42B(3b) by s 56(1), s 56(2)—28.9.2020; s 41(1) to (7), deletion of statutory default by s 41(9), ss 42, 44, 49, 50, substitution of s 40B & insertion of s 40C by s 52, ss 54, 55, insertion of s 42B(3a) by s 56(1), ss 57, 62, 63, 66, 67, 70 to 72 & Sch 1 (cl 2(2), (5) & (6))—3.12.2020 (Gazette 30.7.2020 p4103)\nCasino (Penalties) Amendment Act 2024\n3.10.2024\nPt 2 (ss 3 to 20)—21.11.2024 (Gazette 21.11.2024 p4214)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 2A\ninserted by 47/1999 s 2\n\namended by 18/2001 s 11\n\namended by 44/2019 s 40(1), (2)\ns 3\n\ns 3(1)\ns 3 redesignated as s 3(1) by 47/1999 s 3\nadvertising code of practice\ninserted by 44/2019 s 41(1)\nauthorised game\nsubstituted by 18/2001 s 12(a)\n\namended by 37/2013 s 12(1)\nauthorised officer\n(b) deleted by 35/2018 s 37(1)\n\ndeleted by 44/2019 s 41(2)\nAuthority\nsubstituted by 18/2001 s 12(b)\n\ndeleted by 35/2018 s 37(2)\nautomated table game equipment\ninserted by 37/2013 s 12(2)\ncashless gaming system\ninserted by 37/2013 s 12(4)\ncasino\ndeleted by 37/2013 s 12(3)\ncasino premises\ninserted by 37/2013 s 12(5)\nCommissioner\namended by 18/2001 s 12(c)\n\nsubstituted by 44/2019 s 41(3)\ncompliance notice\ndeleted by 44/2019 s 41(3)\nCourt\ninserted by 44/2019 s 41(4)\ncriminal intelligence\ninserted by 48/2008 s 12\n\ndeleted by 44/2019 s 41(4)\ninserted by 40/2024 s 3(1)\ndomestic partner\ninserted by 43/2006 s 38(1)\ngambling administration guidelines\ninserted by 44/2019 s 41(5)\ngaming area\ninserted by 37/2013 s 12(6)\ngaming machine\ninserted by 18/2001 s 12(d)\n\namended by 37/2013 s 12(7)\ninspector\ninserted by 44/2019 s 41(6)\npremium customer\npremium gaming area\nprescribed gaming machine component\nresponsible gambling code of practice\ninserted by 44/2019 s 41(7)\nspouse\ninserted by 43/2006 s 38(2)\nstaff member\namended by 44/2019 s 41(8)\n\namended by 40/2024 s 3(2)\nstatutory default\ndeleted by 44/2019 s 41(9)\nsubstantial shareholder\nsubstituted by 34/2002 s 10(a)\n\ndeleted by 44/2019 s 41(9)\ns 3(2)\ninserted by 47/1999 s 3\n\namended by 34/2002 s 10(b)\ns 3A\ninserted by 44/2019 s 42\ns 4\n\ns 4(1)\ns 4 amended and redesignated as s 4(1) by 34/2002 s 11(a)—(c)\n\namended by 43/2006 s 39\n\namended by 44/2019 s 43(1)—(3)\ns 4(1a)\ninserted by 44/2019 s 43(4)\ns 4(2)\ninserted by 34/2002 s 11(c)\nsubstantial holding\ninserted by 44/2019 s 43(5)\nPt 2\n\nPt 2 Div 1\n\ns 5\nsubstituted by 47/1999 s 4\ns 5(3)\ns 6\n\ns 6(2)\namended by 37/2013 s 13(1)\n\ns 6(2a)\ninserted by 37/2013 s 13(2)\ns 6(3)\namended by 37/2013 s 13(3)\n\nPt 2 Div 2\n\ns 8\n\ns 8(1)\namended by 37/2013 s 14\ns 8A\ninserted by 37/2013 s 15\nPt 2 Div 3\n\ns 9\n\ns 9(2)\namended by 35/2018 s 38(1)\ns 9(2a)\ninserted by 37/2013 s 16\n\ndeleted by 35/2018 s 38(2)\nPt 2 Div 4\n\ns 10\n\ns 10(1)\namended by 37/2013 s 17\ns 10(2)\nPt 2 Div 5\n\ns 11\n\ns 11(1)\ns 11(2)\namended by 37/2013 s 18\ns 12\ns 13\n\ns 13(1) and (3)\nPt 2 Div 6\n\ns 14\nsubstituted by 47/1999 s 5\ns 14(1)\namended by 37/2013 s 19\n\ns 14(2)\namended by 35/2018 s 39\n\namended by 40/2024 s 4\ns 14(3) and (4)\ns 14(5)\ns 14(6)\n\ns 14(7)\n\ns 14A\ninserted by 47/1999 s 5\ns 14A(1)\namended by 35/2018 s 61(1), (2)\ns 14A(2)\ns 14A(3)\nPt 2 Div 6A\ninserted by 37/2013 s 20\ns 14B\n\ns 14B(1)\n\namended by 40/2024 s 5(1)\ns 14B(2)\n\namended by 40/2024 s 5(2)\ns 14B(3)\ns 14B(5)\namended by 35/2018 s 61(1), (2)\ns 14B(6)\n\namended by 40/2024 s 5(3)\ns 14B(8)\n\namended by 44/2019 s 45(1)\ns 14B(9)\n\nsubstituted by 44/2019 s 45(2)\ns 14B(9a)\ninserted by 44/2019 s 45(2)\ns 14B(10) and (11)\ns 14B(11a)\ninserted by 44/2019 s 45(3)\ns 14B(12)\n\namended by 44/2019 s 45(4)\n\ndeleted by 40/2024 s 5(4)\nprescribed organisation\ninserted by 44/2019 s 45(5)\nPt 2 Div 7\n\ns 15\n\ns 15(1)\namended by 35/2018 s 40\nPt 2 Div 8\n\ns 16\n\ns 16(1a)\ninserted by 37/2013 s 21(1)\n\ns 16(1b)\ninserted by 37/2013 s 21(1)\ns 16(3)\namended by 37/2013 s 21(2)\n\n(c) deleted by 35/2018 s 41(1)\ns 16(4a)\ninserted by 47/1999 s 6\n\namended by 35/2018 s 41(2)\ns 16(5)\namended by 37/2013 s 21(3)\n\namended by 35/2018 s 41(3)\ns 16(7)\ndeleted by 35/2018 s 41(4)\ns 17\n\ns 17(7) and (8)\ninserted by 37/2013 s 22\ns 18\n\ns 18(1)\nsubstituted by 35/2018 s 42\nPt 3\n\nPt 3 Div 2\n\ns 20\n\ns 20(1)\ns 20(2)\n(d) deleted by 47/1999 s 7(a)\n\ns 20(3)\n\namended by 40/2024 s 6\ns 20(4)\nsubstituted by 47/1999 s 7(b)\ns 20(5)\ndeleted by 47/1999 s 7(b)\nPt 3 Div 3\n\ns 21\n\ns 21(1)—(4)\ns 21(5)\namended by 37/2013 s 23\n\nPt 3 Div 4\n\ns 22\n\ns 22(1)\ns 22(2)\nsubstituted by 45/2007 s 9\n\ns 22(3)\ninserted by 45/2007 s 9\n\ns 23\n\ns 23(1) and (2)\ns 23(3)\n\namended by 40/2024 s 7\ns 23(4)\namended by 18/2001 s 13\n\namended by 35/2018 s 43\ns 24\n\ns 24(1)\ns 24 redesignated as s 24(1) by 47/1999 s 8\n\nsubstituted by 45/2007 s 10\n\ns 24(2)\ninserted by 47/1999 s 8\n\nPt 3 Div 5\n\ns 25\n\ns 25(1)\nsubstituted by 45/2007 s 11(1)\n\ns 25(2)\namended by 45/2007 s 11(2)\n\ns 25(3)\namended by 45/2007 s 11(3)\n\ns 25(4)\namended by 45/2007 s 11(4)\n\ns 25(5)\nPt 3 Div 6\n\ns 26\nPt 4\n\nPt 4 Div 1\n\ns 27\n\ns 27(2)\namended by 37/2013 s 24\nPt 4 Div 1AA\ninserted by 44/2019 s 46\nPt 4 Div 1A\ninserted by 37/2013 s 25\ns 27A\n\ns 27A(1)\namended by 44/2019 s 47\nPt 4 Div 2 before substitution by 44/2019\n\ns 28\n\ns 28(1)\namended by 37/2013 s 26(1), (2)\n\ns 28(2)—(4)\ns 29\n\ns 29(3)\namended by 47/1999 s 9(a)\ns 29(4)\ns 29(5)\namended by 47/1999 s 9(b)\n\namended by 37/2013 s 27\n\nPt 4 Div 2\nsubstituted by 44/2019 s 48\ns 28\n\ndeleted by 40/2024 s 8(1)\nstaff member\ndeleted by 40/2024 s 8(2)\ns 32\n\ns 32(1)\namended by 40/2024 s 9(1)\ns 32(2)\namended by 40/2024 s 9(2)\ns 35\n\ns 35(1)\namended by 40/2024 s 10\nPt 4 Div 3 before deletion by 44/2019\n\ns 33A\ninserted by 37/2013 s 28\ns 33A(1)—(4)\ns 33A(6)—(10)\ns 34\n\ns 34(1)\namended by 37/2013 s 29\ns 35\namended by 37/2013 s 30\nPt 4 Div 3\ndeleted by 44/2019 s 48\nPt 4 Div 4\n\nss 37A and 37B\ninserted by 18/2001 s 14\n\ndeleted by 37/2013 s 31\ns 38\n\ns 38(1)\namended by 47/1999 s 10\n\namended by 18/2001 s 15\n\ns 39\n\ns 39(1)\namended by 37/2013 s 32(1)\n\namended by 44/2019 s 49(1)\ns 39(2)\namended by 37/2013 s 32(2)\n\namended by 44/2019 s 49(2)\ns 40\n\ns 40(1)\namended by 37/2013 s 33\n\ns 40(3)\namended by 44/2019 s 50(1)\ns 40(4)\namended by 44/2019 s 50(2)\ns 40A\ninserted by 37/2013 s 34\ns 40A(5)\namended by 44/2019 s 51(1)\ns 40A(8) and (9)\nsubstituted by 44/2019 s 51(2)\ns 40B before deletion by 44/2019\ninserted by 37/2013 s 34\ns 40B(1)—(3)\ns 40B(5) and (6)\ns 40B(8)—(12)\ns 40B\ndeleted by 44/2019 s 52\n\ns 40C\ns 40D\ns 41\n\ns 41(1)\n\namended by 40/2024 s 11(1)\ns 41(2)\n\namended by 40/2024 s 11(2)\ns 41(2a)\ninserted by 44/2019 s 53(1)\ns 41(3)\n\namended by 40/2024 s 11(3)\ns 41(4)\namended by 37/2013 s 35(2)\n\namended by 44/2019 s 53(2)\n\namended by 40/2024 s 11(4)\ns 41(5)\ninserted by 44/2019 s 53(3)\nPt 4 Div 4AA\ninserted by 37/2013 s 36\nPt 4 Div 4A before substitution by 37/2013\ninserted by 18/2001 s 16\n1.6.2002\ns 41C\n\ns 41C(1)\namended by 28/2010 Sch 1 cl 1(1)\ns 41C(4)\namended by 28/2010 Sch 1 cl 1(2)\nPt 4 Div 4A\nsubstituted by 37/2013 s 37\n31.10.2013\ns 41A before deletion by 44/2019\n\ns 41A(1)\ns 41A(2)\namended by 35/2018 ss 44(1), 61(1)\ns 41A(4) and (5)\ns 41A(6)\ndeleted by 35/2018 s 44(2)\ns 41A(7)—(9)\ns 41A\ndeleted by 44/2019 s 54\ns 41B\namended by 44/2019 s 55(1), (2)\nPt 4 Div 5\n\namended by 18/2001 s 17\n\namended by 37/2013 s 38\ns 42\n\ns 42(1)\namended by 18/2001 s 18\n\namended by 37/2013 s 39\n\ns 42(2)\ns 42A\ninserted by 18/2001 s 19\n\nsubstituted by 37/2013 s 40\ns 42B\ninserted by 18/2001 s 19\n\nsubstituted by 37/2013 s 40\n1.1.2014 except s 42B(7)—1.1.2017\ns 42B(1) and (2)\n\nsubstituted by 44/2019 s 56(1)\ns 42B(3)\nsubstituted by 44/2019 s 56(1)\ns 42B(3a)\ninserted by 44/2019 s 56(1)\ns 42B(3b)\ninserted by 44/2019 s 56(1)\ns 42B(4)\namended by 44/2019 s 56(2)\ns 42B(8)\n\nancillary screen\ninserted by 44/2019 s 56(3)\nprescribed day\ndeleted by 44/2019 s 56(4)\ncashless payment system\nprimary screen\nticket\ns 42C\ninserted by 37/2013 s 40\ns 42D\ninserted by 44/2019 s 57\nPt 4 Div 6\n\ns 43\n\ns 43(1)\namended by 37/2013 s 41(1)\n\namended by 44/2019 s 58(1)\ns 43(2)\namended by 37/2013 s 41(2)\n\namended by 44/2019 s 58(2)\ns 43(3)\namended by 37/2013 s 41(3), (4)\n\namended by 44/2019 s 58(3)\n\namended by 40/2024 s 12(1), (2)\ns 43(4)\namended by 37/2013 s 41(5)\n\ns 43(4a)\ninserted by 44/2019 s 58(4)\n\namended by 40/2024 s 12(3), (4)\ns 43(5)\namended by 37/2013 s 41(6)\ns 43(6)\namended by 44/2019 s 58(5)\n\namended by 40/2024 s 12(5), (6)\ns 43(7)\namended by 37/2013 s 41(7), (8)\ns 43(7a)\ninserted by 37/2013 s 41(9)\nPt 4 Div 7\n\nsubstituted by 37/2013 s 42\ns 44\n\ns 44(1)\namended by 37/2013 s 43(1), (2)\n\namended by 44/2019 s 59(1)\ns 44(2)\namended by 37/2013 s 43(1)\ns 44(3)\nsubstituted by 37/2013 s 43(3)\n\nsubstituted by 44/2019 s 59(2)\ns 44(3a)\ninserted by 44/2019 s 59(2)\ns 44(4)\namended by 37/2013 s 43(4)\n\nsubstituted by 44/2019 s 59(3)\ns 44(5)\namended by 37/2013 s 43(1)\n\nsubstituted by 44/2019 s 59(3)\ns 44(6)\nsubstituted by 37/2013 s 43(5)\n\namended by 44/2019 s 59(4), (5)\n\namended by 40/2024 s 13(1), (2)\ns 44(7)\nsubstituted by 37/2013 s 43(5)\n\namended by 44/2019 s 59(6), (7)\n\namended by 40/2024 s 13(3), (4)\ns 44(8)\namended by 37/2013 s 43(6)\n\namended by 44/2019 s 59(8), (9)\ns 44(9)\ndeleted by 44/2019 s 59(10)\ns 44(11)\ninserted by 44/2019 s 59(11)\ns 45\n\ns 45(1)\namended by 37/2013 s 44(1), (2)\n\namended by 44/2019 s 60(1)\ns 45(2)\namended by 37/2013 s 44(2)\n\n(a) and (b) deleted by 37/2013 s 44(3)\ns 45(3)\namended by 37/2013 s 44(1)\ns 45(4)\n\nsubstituted by 44/2019 s 60(2)\ns 45(5)\n\namended by 44/2019 s 60(3), (4)\n\namended by 40/2024 s 14(1), (2)\ns 45(6)\n\namended by 44/2019 s 60(5), (6)\n\namended by 40/2024 s 14(3), (4)\ns 45(7)\namended by 37/2013 s 44(5)\n\namended by 44/2019 s 60(7), (8)\ns 45(8)\nsubstituted by 44/2019 s 60(9)\ns 45(8a)\ninserted by 44/2019 s 60(9)\ns 45A\ninserted by 48/2008 s 13\ns 45A(1)\namended by 37/2013 s 45(1), (2)\n\namended by 44/2019 s 61(1)\ns 45A(2)\namended by 37/2013 s 45(1)\n\ns 45A(3)\namended by 37/2013 s 45(2)\n\namended by 44/2019 s 61(2)\ns 45A(4)\namended by 37/2013 s 45(2)\n\nsubstituted by 44/2019 s 61(3)\ns 45A(4a) and (4b)\ninserted by 44/2019 s 61(3)\ns 45A(5)\nsubstituted by 37/2013 s 45(3)\n\namended by 44/2019 s 61(4), (5)\n\namended by 40/2024 s 15(1), (2)\ns 45A(6)\nsubstituted by 37/2013 s 45(3)\n\namended by 44/2019 s 61(6), (7)\n\namended by 40/2024 s 15(3), (4)\ns 45A(7)\namended by 37/2013 s 45(4)\n\namended by 44/2019 s 61(8), (9)\ns 45A(8)\ndeleted by 44/2019 s 61(10)\ns 46\namended by 37/2013 s 46\nPt 4 Div 8 before deletion by 44/2019\n\ns 47\n\ns 47(1)\nPt 4 Div 8\ndeleted by 44/2019 s 62\nPt 4 Div 9\ninserted by 47/1999 s 11\ns 47A\n\ns 47A(1)\namended by 35/2018 ss 45, 61(1)\n\namended by 44/2019 s 63\ns 47A(2)\ns 47B\ndeleted by 35/2018 s 46\nPt 5\n\nPt 5 Div 1\n\ns 48\n\ns 48(1)\namended by 40/2024 s 16\ns 48(2)\namended by 37/2013 s 47\n\ndeleted by 44/2019 s 64(1)\ns 48(4)\ninserted by 44/2019 s 64(2)\ns 49 before deletion by 44/2019\n\ns 49(1)\namended by 37/2013 s 48\n\ns 49(2)\namended by 34/2002 s 12\n\namended by 37/2013 s 48\n\ns 49\ndeleted by 44/2019 s 65\ns 50\n\ns 50(1)\namended by 34/2002 s 13\n\namended by 40/2024 s 17\ns 50(3)\nsubstituted by 37/2013 s 49\n\namended by 35/2018 ss 47, 61(1)\nPt 5 Div 2\n\ns 52\n\ns 52(1)\namended by 37/2013 s 50(1)\n\namended by 40/2024 s 18\ns 52(2)\namended by 37/2013 s 50(2)\ns 52(3)\namended by 37/2013 s 50(3)\ns 52AA\ninserted by 37/2013 s 51\ns 52AA(5)\namended by 40/2024 s 19\nPt 5 Div 3\ninserted by 45/2007 s 12\nPt 6 before deletion by 44/2019\n\nPt 6 Div 1\n\ns 53\namended by 35/2018 s 48\nPt 6 Div 2\n\ns 54\namended by 35/2018 s 49\nPt 6 Div 3\n\ns 55\n\ns 55(1)\namended by 37/2013 s 52(1)\ns 55(2)\namended by 37/2013 s 52(2)\ns 55(2a)\ninserted by 37/2013 s 52(3)\ns 55(4)\namended by 35/2018 s 50\nPt 6\ndeleted by 44/2019 s 66\nPt 7\n\nPt 7 Div 1 before deletion by 44/2019\n\ns 56\namended by 47/1999 s 12\ns 57\n\ns 57(1) and (2)\nPt 7 Div 1\nPt 7 Div 2 before deletion by 44/2019\n\ns 58\n\ns 58(1)\nPt 7 Div 2\nPt 7 Div 3 before deletion by 44/2019\n\ns 59(1)\nPt 7 Div 3\nPt 7 Div 4 before deletion by 44/2019\n\ns 60\n\ns 60(1) and (4)\nPt 7 Div 4\nPt 7 Div 5 before deletion by 44/2019\n\ns 61\n\ns 61(1)—(3) and (5)\ns 62\nPt 7 Div 5\nPt 7 Div 6\n\ns 63\n\ns 63(1)\ns 63(2)\nsubstituted by 47/1999 s 13\n\namended by 34/2002 s 14\n\ns 63(2a) and (2b)\ninserted by 44/2019 s 68\ns 63(3)\nsubstituted by 47/1999 s 13\ns 63(4)\ninserted by 47/1999 s 13\ns 64\n\ns 64(1)\namended by 47/1999 s 14(a)\n\ns 64(2)\namended by 47/1999 s 14(b)\nPt 7 Div 7\ninserted by 47/1999 s 15\ns 64A\n\ns 64A(3)\ninserted by 44/2019 s 69\nPt 8 before deletion by 44/2019\n\namended by 35/2018 s 51\ns 65\n\ns 65(1)\namended by 35/2018 s 52(1)\ns 65(2)\nsubstituted by 48/2008 s 14(1)\n\namended by 37/2013 s 53\n\namended by 35/2018 s 52(1)\ns 65(3)\nsubstituted by 35/2018 s 52(2)\ns 65(3a)\ninserted by 35/2018 s 52(2)\ns 65(4)\ninserted by 48/2008 s 14(2)\nCourt\ninserted by 35/2018 s 52(3)\ns 66 before deletion by 35/2018\n\ns 66(1)\namended by 17/2006 s 50(1)\ns 66(2)\namended by 17/2006 s 50(2)\ns 66\ndeleted by 35/2018 s 53\ns 66A\ninserted by 48/2008 s 15\n1.3.2009 except s 66A(6)—4.12.2010\n\nsubstituted by 19/2012 s 4\n\namended by 35/2018 s 54\nPt 8\ndeleted by 44/2019 s 70\nPt 9\n\ns 68\n\ns 68(2)\namended by 17/2006 s 51\n\nsubstituted by 35/2018 s 55\ns 68(3)\ndeleted by 35/2018 s 55\ns 68A\ninserted by 37/2013 s 54\n\ndeleted by 35/2018 s 56\ns 69\nsubstituted by 48/2008 s 16\ns 69(1)\namended by 35/2018 s 57(1)\ns 69(2)\namended by 35/2018 s 57(2)\n\nsubstituted by 44/2019 s 71\ns 69(3)\ndeleted by 44/2019 s 71\ns 69(4)\ndeleted by 19/2012 s 5\ns 70 before deletion by 44/2019\n\ns 70(1)\namended by 37/2013 s 55\ns 70(2)\namended by 37/2013 s 55\n\namended by 35/2018 s 58\ns 70\ndeleted by 44/2019 s 72\ns 71 before deletion by 44/2019\n\ns 71(1)\namended by 37/2013 s 56(1)\n\nsubstituted by 35/2018 s 59(1)\ns 71(2)\namended by 37/2013 s 56(2)\n\nsubstituted by 35/2018 s 59(1)\ns 71(3)\namended by 37/2013 s 56(3)\n\n(aa) deleted by 35/2018 s 59(2)\n\n(c) deleted by 35/2018 s 59(3)\n\ns 71(4)\ns 71\ndeleted by 44/2019 s 72\ns 72\n\ns 72(1a) and (1b)\ninserted by 37/2013 s 57\ns 72(1ab)\ninserted by 35/2018 s 60\ns 72(2)\namended by 40/2024 s 20\nSch\n\ncl 2\nomitted under Legislation Revision and Publication Act 2002\nSch\ndeleted by 37/2013 s 58\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Investigation and Regulation of Gambling Licensees) Act 2007, Sch 1—Transitional provisions\n2—Casino Act—Recovery of administration costs incurred in 2007/2008\nSection 52A of the Casino Act 1997 (as inserted by this Act) is to apply to the financial year 1 July 2007 to 30 June 2008 subject to the following modifications:\n\t(a)\ta reference to the financial year is to be read as a reference to the period commencing on the day on which this Act comes into operation and ending on 30 June 2008;\n\t(b)\tsubsection (1) is to be read as though it required the notice to be provided not less than 1 month after the commencement of this Act;\n\t(c)\tsubsection (3) is to be read as though it required the licensee, in each month of the financial year, to pay to the Commissioner an amount equal to the recoverable administration costs for the financial year divided by the number of months in the financial year following the notice under subsection (1).\nStatutes Amendment (Gambling Reform) Act 2013\n59—Transitional provision—designated persons\nA person who, immediately before the commencement of section 20, occupies a position that, immediately after the commencement of that section, falls within the definition of designated person in section 14B(12) of the Casino Act 1997 (as enacted by section 20) is, on the commencement of section 20, taken to have been approved by the Authority in accordance with section 14B of the Casino Act 1997 (as enacted by section 20).\n60—Transitional provision—barring orders\n\t(1)\tThe holder of the casino licence must, as soon as practicable after the commencement of section 43, notify the Independent Gambling Authority of all orders that were in force under section 44 of the Casino Act 1997 immediately before the commencement of section 43 and that were made on the ground of the person placing his or her own welfare, or the welfare of dependants, at risk through gambling.\n\t(2)\tIt is taken to be a condition of the casino licence that the licensee comply with subsection (1).\n\t(3)\tThe Liquor and Gambling Commissioner must, as soon as practicable after the commencement of section 44, notify the Independent Gambling Authority of all orders that were in force under section 45 of the Casino Act 1997 immediately before the commencement of section 44 and that were made on the ground of the person placing his or her own welfare, or the welfare of dependants, at risk through gambling.\n\t(4)\tA person who, immediately before the commencement of sections 43 and 44, is barred from the casino by order under section 44 or 45 of the Casino Act 1997 on the ground of the person placing his or her own welfare, or the welfare of dependants, at risk through gambling (however that ground is expressed) is, on the commencement of sections 43 and 44, taken to be barred from the gaming areas (within the meaning of the Casino Act 1997) under section 15C of the Independent Gambling Authority Act 1995 (as enacted by this Act) until—\n\t(a)\tthe expiration of the period specified in the order; or\n\t(b)\tthe expiration of a period of 3 years; or\n\t(c)\tthe completion of a review of the order under section 140,\nwhichever occurs first.\n\t(5)\tA person who, immediately before the commencement of sections 43, 44 and 45, is barred from the casino by order under section 44, 45 or 45A of the Casino Act 1997 on any other ground is, on the commencement of sections 43, 44 and 45, taken to be barred from the gaming areas (within the meaning of the Casino Act 1997).\n61—Transitional provision—approval of automated table games, gaming machines and games\n\t(1)\tAny automated table game equipment, gaming machine or game that is installed, or that may be used, in the casino premises in accordance with the Casino Act 1997 and the conditions of the licence immediately before the commencement of this section is, on that commencement, taken to have been approved under section 40A of the Casino Act 1997 as enacted by this Act (and such approval is, for the purposes of that section, taken to have been granted on the day on which this section commences).\n\t(2)\tFor the avoidance of doubt, nothing in this section derogates from section 42B of the Casino Act 1997 (as enacted by this Act) or any other conditions of the casino licence.\nStatutes Amendment and Repeal (Budget Measures) Act 2018, Pt 3\n62—Transitional provisions\n\t(1)\tAn approval, exemption, recommendation, order, designation or ratification given or made by the Independent Gambling Authority under the Casino Act 1997 (as in force immediately before the commencement of this section) continues in force as if it were an approval, exemption, recommendation, order, designation or ratification given or made by the Commissioner under the Casino Act 1997 (as in force after the commencement of this section).\n\t(2)\tAn application made to the Independent Gambling Authority under the Casino Act 1997 (as in force immediately before the commencement of this section) that has not been finally determined before the commencement of this section, may be continued and determined by the Commissioner under the Casino Act 1997 (as in force after the commencement of this section).\n\t(3)\tAn investigation being undertaken by the Independent Gambling Authority under Part 3 of the Casino Act 1997 (as in force before the commencement of this section) that has not been completed before the commencement of this section, will be continued and completed by the Commissioner as if it had been commenced under Part 3 of the Casino Act 1997 (as in force after the commencement of this section).\n\t(4)\tA position designated or classified by the Independent Gambling Authority under section 28 of the Casino Act 1997 (as in force immediately before the commencement of this section) continues in force as a designation or classification of the Commissioner under section 28 of the Casino Act 1997 (as in force after the commencement of this section).\n\t(5)\tA notice of the following kind given by the Independent Gambling Authority and in force immediately before the commencement of this section continues in force as if it were a notice under the relevant provision of the Casino Act 1997 as in force after the commencement of this section:\n\t(a)\trecognising a course of training under section 33A(1) or a notice withdrawing such a recognition notice;\n\t(b)\tprescribing criteria for recognition of courses of training under section 33A(2) or varying or revoking such a notice;\n\t(c)\trecognising or withdrawing recognition of a system under section 40B(1);\n\t(d)\tprescribing criteria under section 40B(2) for a system recognised under section 40B(1) or varying or revoking such a prescription notice;\n\t(e)\tprescribing advertising or responsible gambling codes of practice under section 41A or varying or revoking such a prescription notice;\n\t(f)\ta notice to a licensee under section 47A.\n\t(6)\tA direction given to the licensee by the Independent Gambling Authority under section 47 of the Casino Act 1997 (as in force immediately before the commencement of this section) continues in force as if it were a direction given by the Commissioner under section 47 of the Casino Act 1997 (as in force after the commencement of this section).\n\t(7)\tA notice or order given by the Independent Gambling Authority under Part 7 of the Casino Act 1997 (as in force immediately before the commencement of this section) continues in force as if it were a notice or order given by the Commissioner under Part 7 of the Casino Act 1997 (as in force after the commencement of this section).\n\t(8)\tIf a review has been commenced but not finally determined by the Independent Gambling Authority under section 65 of the Casino Act 1997 before the commencement of section 52 of this Act, the review may be continued and completed by the Court as if it had been commenced under section 65 as in force after the commencement of section 52.\n\t(9)\tThe provisions of this section are subject to any regulations made under section 72(1ab) of the Casino Act 1997 (as in force after the commencement of section 60).\n\t(10)\tIn this section—\nCommissioner has the same meaning as in the Casino Act 1997;\nCourt means the Licensing Court of South Australia;\nIndependent Gambling Authority means the Independent Gambling Authority established under the Independent Gambling Authority Act 1995 as in force immediately before the commencement of this section.\nStatutes Amendment (Gambling Regulation) Act 2019, Sch 1 Pt 2\n2—Transitional and other provisions\n\t(1)\tThe approved licensing agreement under the Casino Act 1997 continues as if it had been made under that Act as amended by the Statutes Amendment (Gambling Regulation) Act 2019.\n\t(2)\tAn appeal commenced but not finally determined by the Supreme Court under section 14 of the Casino Act 1997 before the commencement of section 44 of the Statutes Amendment (Gambling Regulation) Act 2019 may be continued and completed by the Supreme Court.\n\t(3)\tA person who was, immediately before the commencement of section 49 of this Act, approved by the Commissioner as a suitable person to work in sensitive positions or positions of responsibility of a particular class or particular classes under section 30 of the Casino Act 1997 will, on the commencement of section 49, be taken to have been notified to the Commissioner as a person employed or appointed as a special employee under section 29(1) of the Casino Act 1997.\n\t(4)\tAn approval under section 40A of the Casino Act 1997 in force immediately before the commencement of section 51 of the Statutes Amendment (Gambling Regulation) Act 2019 continues despite the provision of section 40A(8) and (9) of the Casino Act 1997 as in force immediately before that commencement, and such an approval may be varied or revoked under section 40A of the Casino Act 1997 as amended by section 51 of the Statutes Amendment (Gambling Regulation) Act 2019.\n\t(5)\tA course of training recognised under section 33A of the Casino Act 1997 as in force immediately before the commencement of this subclause will, on that commencement, be taken to be an approved course of training under section 40C of that Act.\n\t(6)\tA system recognised under section 40B of the Casino Act 1997 as in force immediately before the commencement of this subclause will, on that commencement, be taken to be an approved system under section 40B of that Act as substituted by section 52 of the Statutes Amendment (Gambling Regulation) Act 2019.\n\t(7)\tAny applications made under the Casino Act 1997 that have not been finally determined before the commencement of this subclause may be continued and completed under that Act as if the amendments to that Act effected by the Statutes Amendment (Gambling Regulation) Act 2019 had not come into operation.\nGambling Administration Act 2019, Sch 1\n1—Interpretation\nIn this Schedule—\ngambling provider includes the State Lotteries Commission;\nrelevant day means the day on which clause 3 commences.\n3—Transitional and other provisions\n\t(2)\tA direction given by the Commissioner to a gambling provider pursuant to a gambling Act (as in force before the relevant day) may be enforced, after the relevant day, as if it had been given under section 10 of this Act.\n\t(7)\tAn advertising code of practice or a responsible gambling code of practice made and in force under a gambling Act immediately before the relevant day, continues in force as if it had been made under section 15 of this Act.\n\t(8)\tDisciplinary action commenced but not finally determined under a gambling Act before the relevant day may be continued and completed under Part 5 of this Act.\n\t(9)\tA person who is appointed as an inspector or is an authorised officer under a gambling Act immediately before the relevant day, will, on the commencement of Part 4 of this Act, be taken to be appointed as an inspector under that Part.\n\t(10)\tAny thing seized and retained by an authorised officer or the Commissioner under a gambling Act before the relevant day may, after the relevant day, be dealt with under section 32 of this Act.\n\t(11)\tA review commenced but not finally determined by the Court under a gambling Act before the relevant day may be continued and completed under Part 7 of this Act and the Court or the Commissioner may make a determination in accordance with section 55 of this Act pending the determination of review proceedings.\nHistorical versions\nReprint No 1—12.8.1999\n\nReprint No 2—1.10.2001\n\nReprint No 3—1.6.2002\n\nReprint No 4—1.8.2003\n\n4.12.2010\n\n31.10.2013\n\n1.1.2017\n\n","sortOrder":18}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not available. The page returned was a '404 Page Not Found' error from the SA legislation website, not the Casino Act 1997 itself."},"complexity_factors":["Insufficient data: the legislative text was not returned — only a website error page was provided","No provisions, definitions, schedules, or operative clauses are available for analysis","Complexity score of 1 reflects the absence of content to assess, not the actual complexity of the Act itself (which would likely score 7-8 based on comparable casino legislation in other jurisdictions)"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Casino Act 1997 (SA)** could not be retrieved. The link provided returned a **\"Page Not Found\"** error from the South Australian legislation website, likely due to a website update in March 2026 that broke older hyperlinks.\n\n**What we do know from the title alone:**\n- This is a **South Australian law** governing casino operations in that state\n- It dates from **1997**, meaning it has been in place for nearly three decades\n- Laws of this type typically regulate who can **own and operate** a casino, how gambling activities are **licensed and supervised**, protections for **problem gamblers**, rules around **gaming machines and table games**, and penalties for **cheating or misconduct**\n- The primary casino affected in South Australia would be **SkyCity Adelaide** (formerly Adelaide Casino)\n\n**Who it affects:** Casino operators, casino employees, gamblers, and regulators in South Australia.\n\n> ⚠️ **No reliable legal analysis can be provided without the actual legislative text.** Please retrieve the current version directly from [legislation.sa.gov.au](https://www.legislation.sa.gov.au) by searching for \"Casino Act 1997\"."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Since enactment the Act's regulatory scope has been expanded and modernised through amendments reflected in the text. Notable scope changes include: formal reading together with the Gambling Administration Act 2019 (s 3A) which centralises administration and oversight; additional approval and technical regimes for automated table game equipment, cashless gaming, automated risk monitoring and facial recognition systems (ss 40A, 40B, 40C, 40D); strengthened financial enforcement and investigatory powers relating to casino duty including seizure and authorised officer powers (s 52AA); explicit controls and technical limits on gaming machines (s 42B); and expanded barring and disclosure interactions with police (ss 14B(10)–(11), 45A). The amendments introduce more detailed operational, technical and compliance obligations and higher penalties, increasing the regulatory reach compared with the Act as originally drafted."},"complexity_factors":["Multiple layers of administrative approval vested in the Commissioner for people (s 14B), systems and equipment (ss 38–41, 40A–40D), and training (s 40C)","Cross‑reference and interaction with other Acts: Gambling Administration Act 2019 (s 3A), Gaming Machines Act 1992 (definition cross‑reference), Corporations Act (definitions and insolvency references)","A single, bespoke approved licensing agreement that can modify statutory obligations and create licence conditions (s 16(1a), s 16(4)), increasing case‑by‑case complexity","Broad investigatory powers plus requirement that applicants/licensee pay investigation costs (ss 22–25)","Detailed technical and operational constraints on gaming machines and cashless systems including multiple approval paths and display/return‑to‑player rules (s 40A, s 40B, s 42B)","High‑value and varied penalties (from small expiation fees to $50 million for duty evasion) creating significant legal and financial risk management requirements (s 52, many penalty provisions)","Multiple decision makers with overlapping powers (Governor, Minister, Treasurer, Commissioner, Commissioner of Police) and delegated functions (ss 5, 16, 17, 21, 45A)","Extensive record‑keeping, audit, reporting and seizure powers for tax and regulatory enforcement (ss 48–52AA)","Provisions for emergency or default governance (official manager, administrators) that change operational control and priorities (ss 63–64A)"],"plain_english_summary":"### What this law does\n\nThis Act sets out how the single Adelaide casino is licensed, run, supervised and taxed. It creates a regulated relationship between the State (through the Governor, Minister, Treasurer, the Commissioner and the police) and the casino licensee. The Act: \n\n- gives the Governor power to grant a single casino licence (s 5, s 7) and requires an approved licensing agreement and a separate casino duty agreement with the Treasurer (s 16, s 17);\n- gives a central regulator (the Commissioner under the Gambling Administration Act 2019 read with this Act) broad powers to investigate, approve and supervise people, systems and equipment used in the casino (see ss 3A, 21–25, 38–41, 40A–40D);\n- imposes operational conditions on the licensee (for example, opening hours, prohibition of gambling by minors, limits on credit and ATMs, technical limits on gaming machines) and makes many matters a condition of the licence (see ss 27, 27A, 42, 42A, 42B, 43);\n- requires the licensee to keep audited accounts and pay casino duty, recoverable as a State debt, and to meet investigation and administration costs (see ss 48, 50, 51, 25, 52A);\n- gives barring powers to the licensee, the Commissioner and the Commissioner of Police and establishes offences for breaching bans or permitting barred people to enter (see ss 44–45A);\n- provides for State intervention if the licensee defaults, becomes insolvent or the licence is suspended — including appointment of an official manager, and rules for administrators and liquidators (see ss 63–64A).\n\n\n### Who it affects\n\n- The licensee (the corporate holder of the casino licence) — subject to licence conditions, audits, duty, approvals and penalties (ss 5, 10, 48, 51, 52);\n- directors, executive officers and senior staff (“designated persons” and “special employees”) — who must be approved or notified, wear ID, and are subject to fit-and-proper checks and prohibitions (ss 14B, 28–36);\n- customers — who must be adults to gamble (s 43), are affected by prohibitions on credit and ATMs (ss 42, 42A), and may be barred under several powers (ss 44–45A);\n- the Treasurer, Minister, Commissioner and Commissioner of Police — who make key decisions and share information under the Act (ss 16, 17, 21, 31, 45A, 69).\n\n\n### Why it matters (official purpose and practical implications)\n\nThe Act states its object as licensing, supervision and control of the Adelaide Casino, ensuring proper management, fitness of those who control the casino, responsible and honest gambling with harm‑minimisation, prohibition of minors, and protection of the State's taxation interest (s 2A). That official purpose is implemented by: \n\n- requiring pre‑approval and ongoing assessment of those in control (s 14B, s 21);\n- giving the Commissioner investigatory powers and the ability to require information, photographs and fingerprints (ss 22–23);\n- making compliance with particular systems, equipment approvals and codes of practice a licence condition (ss 38–41, 40A–40D, 41B);\n- embedding financial controls: audited accounts, duty agreements and heavy penalties for evasion (ss 48–52).\n\n\n### Costs, incentives and trade‑offs (mechanics, not judgement)\n\nWho pays\n- The licensee bears most direct financial obligations: casino duty (s 51), monthly recoverable administration costs (s 52A), the costs of Commissioner investigations when required (s 25), and fines/penalties for contraventions (multiple sections including s 52). Auditors must report irregularities to the Commissioner (s 50).\n\nWho decides and where discretion lies\n- The Governor formally grants the licence (s 5) but the Commissioner recommends applicants and controls many technical and personnel approvals (s 5(3), s 21, ss 38–41, s 14B). The Treasurer negotiates and enforces the casino duty agreement (s 17). The Commissioner of Police may provide criminal information and can bar persons (s 14B(10)–(11), s 45A). The Minister may enter into and vary the licensing agreement; that agreement can make parts of itself licence conditions and may exempt or modify statutory conditions for premium customers (s 16(1a), s 16(4)). These provisions allocate wide administrative discretion to the Commissioner, Minister and Treasurer.\n\nCompliance burden and administrative processes\n- The licensee must seek prior approvals for: designated persons, special employees (notifications), systems, equipment, games and training courses (ss 14B, 29, 38–40, 40A–40C). Many approvals require application forms, statutory declarations and police information (ss 14B(5)–(6), 23, 40A(8)–(9), 40B(5)–(6)). The Commissioner may require monthly or ad‑hoc information from approved systems for research or investigations (s 40B(3)–(4)). Failure to comply can trigger heavy penalties (see s 52(1) for duty evasion and many other penalty provisions).\n\nIncentives and behavioural effects\n- Because approvals are needed for personnel and systems, the licensee is incentivised to operate within the Commissioner's expectations and to bear costs of compliance and monitoring. The approved licensing agreement can grant targeted exemptions (s 16(1a)) creating an incentive to negotiate bespoke terms for premium customers or areas. Restrictions (no credit, no ATMs in gaming areas, limits on betting, technical controls on cashless systems) shape the types of products and services the licensee can offer (ss 42, 42A, 42B).\n\nTrade‑offs and implementation risk\n- Concentrated benefits: the licence holder can obtain exclusivity assurances in the approved licensing agreement (s 16(6)), a benefit that is negotiated rather than automatic.\n- Diffuse costs: compliance, audits, payments of duty and administration costs fall directly on the licensee and are likely passed on to business operations.\n- Regulatory bottlenecks: many discretionary approvals and information requests are vested in the Commissioner (ss 38–41, 40A–40D, 14B). Those processes create implementation risk (delays, additional costs) for the licensee.\n- Enforcement intensity: the Act includes strong investigatory and enforcement tools, including power to seize records for tax‑related inquiries (s 52AA) and substantial penalties for evasion and interference with systems (ss 52, 41).\n\n\n### Concrete behavioural changes the law creates\n\n- A corporate licensee operating the Adelaide Casino must obtain and follow an approved licensing agreement and a casino duty agreement (ss 16–18).\n- Key personnel must be approved or notified and are subject to policing background checks, photo/fingerprint collection and possible prohibition notices (ss 14B, 23, 31).\n- The casino cannot extend credit, provide ATMs in gaming areas, or operate certain machine features and betting limits without approval (ss 42, 42A, 42B).\n- The Commissioner may bar persons, require data from approved systems, and assume control of equipment or operations where authorised (ss 40(3), 40B(3), 44–45A).\n\n\n### Selected important sections (quick reference)\n- Objects: s 2A\n- Single licence and grant: ss 5–7\n- Approved licensing agreement and exemptions for premium customers: s 16(1a), s 16(6)\n- Suitability/assessment and investigations: ss 21–25\n- Designated persons and approvals: s 14B\n- Systems, equipment and games approval (including cashless, risk monitoring, facial recognition): ss 38–41, 40A–40D\n- Financial obligations, audits and duty: ss 48–51, 52, 52AA, 52A\n- Barring powers: ss 44–45A\n- Official management on default: ss 63–64A\n\nThis summary describes how the Act works as drafted (citations above refer to the sections named). It sets out the required approvals, reporting and financial flows the licensee must follow, the decision makers and where regulatory discretion is concentrated, and the lines of enforcement and penalty for non‑compliance."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":778},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1997 scope. Initially focused on basic licensing and operation, it now incorporates: (1) facial recognition systems and automated table games (2013-2019 amendments); (2) cashless gaming and pre-commitment systems for harm minimisation; (3) integration with the Gambling Administration Act 2019 which transferred functions from the Independent Gambling Authority; (4) exclusion of harm-based barring powers (moved to separate legislation); and (5) substantially increased penalties in 2024. The regulatory framework has shifted from direct operational control to a more complex co-regulatory model with approved agreements and delegated compliance responsibilities."},"complexity_factors":["47+ defined terms in the interpretation section including nested definitions like 'close associates' spanning 10 relationship categories","Extensive cross-referencing with the Gambling Administration Act 2019 (must be read as 'a single Act'), Gaming Machines Act 1992, Corporations Act 2001, and Serious and Organised Crime legislation","Multiple conditional licensing structures: standard conditions, supplementary conditions, approved licensing agreement conditions, and exemptions for premium customers","Nested approval requirements: Commissioner approval needed for designated persons, equipment, systems, training courses, facial recognition, and transactions affecting control","Complex barring framework with three different authorities (licensee, Commissioner, Police Commissioner) having overlapping but distinct powers and review mechanisms","Financial provisions with multiple calculation methods: casino duty agreements, administration cost recovery with monthly payment formulas, and penalty structures up to $50 million","Transitional provisions spanning multiple amendment Acts with preserved approvals, continued investigations, and converted designations"],"plain_english_summary":"This is South Australia's **Casino Act 1997**, which creates a comprehensive regulatory framework for the **Adelaide Casino** — the only casino permitted to operate in the state.\n\n**What it does:**\n\n- **Establishes a monopoly**: Only one casino licence can exist at any time, currently held by Adelaide Casino Pty Ltd\n- **Creates a licensing system**: The Governor grants the licence on recommendation of the Gambling Commissioner, with strict suitability checks for applicants and their \"close associates\" (family, business partners, shareholders)\n- **Requires two key agreements**: An **approved licensing agreement** (with the Minister) covering operations and conditions, and a **casino duty agreement** (with the Treasurer) covering taxation\n- **Imposes extensive operational controls**: Everything from opening hours (closed Good Friday and Christmas Day), to staff vetting, equipment approval, surveillance systems, and facial recognition technology\n- **Protects against problem gambling**: Prohibits gambling on credit, ATMs in gaming areas, and children under 18; requires responsible gambling codes of practice\n- **Restricts gaming machines**: Maximum $5 bets, no automatic play, minimum 87.5% return-to-player rates, and strict cashless gaming system approvals\n- **Creates barring powers**: The casino, Commissioner, and Police Commissioner can bar people from entering — though notably **not** for gambling harm reasons (those powers moved to the Gambling Administration Act 2019)\n- **Provides intervention powers**: Official managers can be appointed if the licensee defaults or becomes insolvent\n\n**Who it affects:**\n- The casino licensee and its directors/executives (\"designated persons\")\n- Casino staff (\"special employees\" who handle money, conduct games, or do security)\n- Casino patrons\n- The Gambling Commissioner as primary regulator\n\n**Why it matters:**\nThis Act balances two competing interests: allowing a profitable casino tourism business while tightly controlling gambling to minimise harm. The 2024 amendments increased penalties significantly, reflecting stricter enforcement priorities."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/casino-act-1997","history":"/api/acts/casino-act-1997/history","analysis":"/api/acts/casino-act-1997/analysis","conflicts":"/api/acts/casino-act-1997/conflicts","importantCases":"/api/acts/casino-act-1997/important-cases","documents":"/api/acts/casino-act-1997/documents"}}