{"id":"a-2006-2","name":"Casino Control Act 2006","slug":"casino-control-act-2006","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"2 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23221,"registerId":"act-a-2006-2-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Casino Control Act 2006.\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘influential person, for a\ncorporation—see section 9.’ means that the term ‘influential person’ is\ndefined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPreliminary Part 1\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Lawfulness of casino operation","content":"6 Lawfulness of casino operation\n(1) Despite any other territory law but subject to this Act and the Casino\n(Electronic Gaming) Act 2017, it is lawful—\n(a) for the casino licensee or a casino employee to conduct an\n(b) for a person to play an authorised game in the casino; and\n(c) for a person to use approved gaming equipment or chips in the\nconduct and playing of an authorised game in the casino.\n(2) The casino is not a public or private nuisance only because it is used\nas a gaming house.\n(3) This section does not allow an action to be brought in a court to\nrecover—\n(a) an amount won in the course of gaming in the casino; or\n(b) an amount, or a cheque or other instrument, given in payment of\nan amount mentioned in paragraph (a); or\n(c) an amount wagered in the course of gaming in the casino, that\nwas lent in the knowledge that it was to be applied in that way.\nNote An action may be brought against the casino licensee to recover an\namount won at gaming in the casino or the amount of a cheque given by\nthe casino licensee in payment of an amount won that was later\ndishonoured (see s 116 (3)).\n\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Eligibility of individuals","content":"7 Eligibility of individuals\n(1) For this Act, an individual is an eligible person if—\n(a) the individual is an adult; and\n(b) there is not a disqualifying ground for the individual.\n(2) Each of the following is a disqualifying ground for an individual:\n(a) the individual has been convicted, or found guilty, in the last\n5 years, whether in the ACT or elsewhere, of an offence—\n(i) involving fraud or dishonesty; or\n(ii) against a law about gaming;\n(b) the individual has been convicted, or found guilty, in Australia\nin the last 5 years of an offence punishable by imprisonment for\nat least 1 year;\n(c) the individual has been convicted, or found guilty, outside\nAustralia in the last 5 years of an offence that, if it had been\ncommitted in the ACT, would have been punishable by\nimprisonment for at least 1 year;\n(d) the individual is, or at any time in the last 5 years has been,\nbankrupt or personally insolvent;\nNote Bankrupt or personally insolvent—see the Legislation Act,\ndictionary, pt 1.\n\nDefinitions and important concepts Division 2.1\n(e) at any time in the last 5 years the individual was involved in the\nmanagement of a corporation when—\n(i) the corporation became the subject of a winding-up order;\nor\n(ii) a controller or administrator was appointed;\n(f) at any time in the last 12 months the individual had—\n(i) an application for a casino employee licence refused, on\nthe basis that the individual provided false or misleading\ninformation, in the application; or\n(ii) a casino employee licence cancelled under part 4.\n(3) Despite subsection (2), the Minister or the commission may decide\nthat an individual is an eligible person if satisfied that—\n(a) the operation of the casino would not be adversely affected if the\nMinister or the commission decided that the individual is an\neligible person; and\n(b) it is otherwise in the public interest that the individual be treated\nas an eligible person.\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Eligibility of corporations","content":"8 Eligibility of corporations\n(1) For this Act, a corporation is an eligible person if—\n(a) each executive officer and influential person of the corporation\nis an eligible person; and\n(b) the corporation is not the subject of a winding-up order, and has\nnot been the subject of a winding-up order in the last 3 years;\nand\n(c) a controller or administrator has not been appointed for the\ncorporation in the last 3 years.\n\n(2) Despite subsection (1), the Minister or the commission may decide\nthat a corporation is an eligible person if satisfied that—\n(a) the operation of the casino would not be adversely affected if the\nMinister or the commission decided that the individual is an\neligible person; and\n(b) it is otherwise in the public interest that the corporation be\ntreated as an eligible person.\n","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of influential person","content":"9 Meaning of influential person\n(1) In this Act:\ninfluential person, for a corporation—\n(a) means any of the following:\n(i) an executive officer of the corporation;\n(ii) a related corporation;\n(iii) an executive officer of a related corporation;\n(iv) an influential owner of the corporation; and\n(b) includes a person who, though not mentioned in paragraph (a),\ncan exercise as much influence over the conduct of the\ncorporation as someone mentioned in that paragraph.\ninfluential owner, of a corporation, means a person who, whether\ndirectly or through intermediary corporate ownership or nominees—\n(a) can control at least 5% of the votes at an annual general meeting\nof the corporation; or\n(b) can control the appointment of a director of the corporation.\nrelated corporation means a related body corporate under the\nCorporations Act.\n\nOwnership of casino Division 2.2\n","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of owner","content":"10 Meaning of owner\n(1) In this Act:\nowner, of the casino, means a person who, alone or jointly with\nothers, is the lessee of land where the casino, or part of the casino, is\nlocated.\n(2) A reference to the owner of the casino is a reference to all such\npeople.\n","sortOrder":8},{"sectionNumber":"Div 2","sectionType":"division","heading":"2 Ownership of casino","content":"Division 2.2 Ownership of casino\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Owner must be eligible person","content":"11 Owner must be eligible person\nA person may be an owner of the casino only if the person—\n(a) is an eligible person; and\n(b) can carry out the person’s obligations as an owner of the casino\nunder this Act.\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Application for approval for change of ownership","content":"12 Application for approval for change of ownership\nAn owner of the casino may apply in writing to the Minister for\napproval to sell or otherwise dispose of the owner’s interest in the\nlease of the casino, or part of the interest, to someone else.\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Approval of proposed owner","content":"13 Approval of proposed owner\n(1) On application under section 12, the Minister must approve, or refuse\nto approve, the sale or other disposal of an owner’s interest in the\nlease of the casino, or part of the interest, to the proposed owner.\n(2) In deciding whether to approve the sale or other disposal, the Minister\nmust consider any recommendation—\n(a) made by the commission about the sale or disposal; and\n(b) made by a casino advisory panel about the sale or disposal,\nincluding whether the sale or disposal is in the public interest.\n\n(3) The Minister must not approve the sale or other disposal unless\nsatisfied that—\n(a) the proposed owner is an eligible person; and\n(b) if the change of ownership would require a control agreement to\nbe in force under section 19—on transfer of ownership, the\nproposed owner will become a party to a control agreement.\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Change of ownership without approval","content":"14 Change of ownership without approval\n(1) An owner of the casino commits an offence if—\n(a) the owner sells or otherwise disposes of the owner’s interest in\nthe lease of the casino, or part of the interest, to someone else;\nand\n(b) the sale or other disposal has not been approved by the Minister\nunder section 13.\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Application for approval of proposed casino lease","content":"15 Application for approval of proposed casino lease\n(1) The owner of the casino may apply to the Minister for approval to\nenter into a lease of the casino with someone else.\n(2) An application for approval must—\n(b) be accompanied by—\n(i) the proposed lease; and\n(ii) the name and contact details of the proposed lessee; and\n\nLease of casino Division 2.3\n(iii) particulars of the financial standing, relevant managerial\nexperience and business reputation of the proposed lessee.\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Approval of proposed casino lease","content":"16 Approval of proposed casino lease\n(1) On application under section 15, the Minister must approve, or refuse\nto approve, the owner of the casino entering into the proposed lease\nof the casino with the proposed lessee.\n(2) In deciding whether to approve the owner entering into the proposed\nlease with the proposed lessee, the Minister must consider any\nrecommendation—\n(a) made by the commission about the owner entering into the\nproposed lease with the proposed lessee; and\n(b) made by a casino advisory panel about the owner entering into\nthe proposed lease with the proposed lessee, including whether\nthe owner entering into the proposed lease with the proposed\nlessee is in the public interest.\n(3) The Minister must not approve the owner entering into the proposed\nlease with the proposed lessee unless satisfied that—\n(a) the proposed lessee is a corporation; and\n(b) the corporation is an eligible person; and\n(c) the proposed lessee can carry out its obligations as the lessee\nunder this Act; and\n(d) the conditions of the proposed lease are satisfactory in relation\nto the control and operation of the casino.\n\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Application for approval to amend casino lease","content":"17 Application for approval to amend casino lease\n(1) The parties to a casino lease may apply to the Minister for approval\nto amend the lease.\n(2) An application for approval must—\n(a) be in writing signed by the parties to the casino lease; and\n(b) be accompanied by the proposed amendment.\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Approval of amendment of casino lease","content":"18 Approval of amendment of casino lease\n(1) On application under section 17, the Minister must approve, or refuse\nto approve, the amendment of the casino lease.\n(2) In deciding whether to approve the owner entering into the proposed\nlease with the proposed lessee, the Minister must consider any\nrecommendation—\n(a) made by the commission about the owner entering into the\nproposed lease with the proposed lessee; and\n(b) made by a casino advisory panel about the owner entering into\nthe proposed lease with the proposed lessee, including whether\nthe owner entering into the proposed lease with the proposed\nlessee is in the public interest.\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Control agreement","content":"19 Control agreement\n(1) If the owner of the casino, the casino lessee (if any) and the casino\nlicensee are not all the same person, a control agreement, approved\nby the Minister, must be in force between them.\n(2) The control agreement must be in writing and deal with the following\nmatters:\n(a) the roles and responsibilities of the parties to the control\nagreement;\n\nControl agreement Division 2.4\n(b) the control and operation of the casino;\n(c) anything else the Minister considers necessary or desirable.\n(3) The control agreement may, with the Minister’s approval, be—\n(a) amended; or\n(b) terminated and replaced with a new control agreement.\nExample\nThe parties must enter into a new control agreement if there is a change in\nownership of the casino, or if there is a new casino licensee or lessee.\n(4) In deciding whether to approve an agreement or amendment, the\nMinister must consider—\n(a) any recommendations made by the commission about the\nagreement or amendment; and\n(b) the likely effect of the agreement or amendment on the control\nand operation of the casino.\n\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"One casino only","content":"20 One casino only\n(1) Only 1 casino licence may be in force under this Act at any particular\ntime.\n(2) The casino licence is to apply to 1 casino only.\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Grant of casino licence","content":"21 Grant of casino licence\n(1) The Minister may invite applications for a licence (the casino\nlicence) authorising the licensee to operate a casino in the ACT in\naccordance with this Act.\n(2) On application by a person under subsection (1), the Minister may\ngrant or refuse to grant a casino licence to the person.\n(3) The Minister must not grant a casino licence to a person unless—\n(a) the person is a corporation; and\n(b) the person is—\n(i) if there is a casino lease—the casino lessee or a corporation\nnominated by the casino lessee; or\n(ii) in any other case—the owner of the casino or a corporation\nnominated by the owner of the casino; and\n(c) the person is an eligible person.\n(4) In deciding whether to grant a casino licence, the Minister must—\n(a) consider any recommendation made by the commission about\nthe eligibility of a corporation nominated as the proposed casino\nlicensee; and\n\nGrant of casino licence Division 3.1\n(b) consider any recommendation made by a casino advisory panel\nabout the eligibility of a corporation nominated as the proposed\ncasino licensee, including whether granting a casino licence to\nthe proposed casino licensee is in the public interest; and\n(c) comply with any criteria prescribed by regulation in relation to\nthe grant of the casino licence.\n(5) A regulation for subsection (4) (c) may prescribe matters relating to—\n(a) the control of any corporation affected by this Act; or\n(b) an influential person in relation to, or foreign participation in,\nthe corporation.\n","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"Licence conditions","content":"22 Licence conditions\nA casino licence is subject to any condition the Minister puts on the\nlicence when granting the licence or by written notice given to the\ncasino licensee at any other time.\n","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"Form of casino licence","content":"23 Form of casino licence\n(1) The casino licence—\n(a) must include the following information:\n(i) its date of issue and expiry;\n(ii) the name of the casino licensee;\n(iii) the address of the casino;\n(iv) any other particulars prescribed by regulation; and\n(b) must identify the area designated by regulation to be the casino.\nNote Section 62 provides that a regulation may designate an area to be the\ncasino for this Act.\n(2) The casino licence may also include any other particulars relating to\nthe casino the Minister considers appropriate.\n\n","sortOrder":22},{"sectionNumber":"24","sectionType":"section","heading":"Period of casino licence","content":"24 Period of casino licence\n(1) The casino licence remains in force—\n(a) from the day of issue until the end of the expiry date stated in\nthe licence; or\n(b) if the licence is surrendered or cancelled before the expiry\ndate—until the end of the day when the licence is surrendered\nor cancelled.\n(2) However, if the casino licence is suspended, it is not in force for the\nperiod of the suspension.\n","sortOrder":23},{"sectionNumber":"25","sectionType":"section","heading":"Compliance with code of practice","content":"25 Compliance with code of practice\nThe casino licensee must comply with the code of practice prescribed\nunder the Control Act.\nNote A failure to comply with the code of practice is a ground for disciplinary\naction (see s 33 (1) (c)).\n","sortOrder":24},{"sectionNumber":"26","sectionType":"section","heading":"Determination of casino licence fee","content":"26 Determination of casino licence fee\n(1) The Minister may determine a fee for the casino licence.\n(2) The Minister must not determine a casino licence fee more than once\nin any 12-month period.\n(3) The casino licensee must pay the casino licence fee to the commission\nat the times and in the way provided in the casino licence fee\ndetermination.\n(4) A casino licence fee determination is a notifiable instrument.\n\nTransfer and surrender of casino licence Division 3.3\n","sortOrder":25},{"sectionNumber":"27","sectionType":"section","heading":"Late payment penalty for casino licence fee","content":"27 Late payment penalty for casino licence fee\n(1) This section applies if any amount of a casino licence fee that the\ncasino licensee is liable to pay under a casino licence fee\ndetermination is not paid within 14 days after the day by which it must\nbe paid.\n(2) The casino licensee is liable to a daily penalty on the unpaid amount\nof the casino licence fee for each day after the 14th day that the fee\nremains unpaid.\n(3) The penalty rate is 20% per year.\n(4) The amount of penalty payable under subsection (2) compounds at 3-\nmonthly intervals.\n(5) The commission may waive all or part of a penalty that the casino\nlicensee is liable to pay under subsection (2).\n","sortOrder":26},{"sectionNumber":"28","sectionType":"section","heading":"Licence fee payable even if casino licence suspended","content":"28 Licence fee payable even if casino licence suspended\n(1) This section applies if the casino licence is suspended under\nsection 38 (1).\n(2) Despite section 24 (2), the casino licensee must pay the casino licence\nfee for the period during which the casino licence is suspended.\nNote If the commission is owed an amount by the casino licensee under this\ndivision, the commission may recover the amount as a debt owing by the\ncasino licensee to the commission in a court of competent jurisdiction or\nthe ACAT (see Legislation Act, s 177).\n","sortOrder":27},{"sectionNumber":"Div 3","sectionType":"division","heading":"3 Transfer and surrender of casino","content":"Division 3.3 Transfer and surrender of casino\n","sortOrder":28},{"sectionNumber":"29","sectionType":"section","heading":"Application for transfer of casino licence","content":"29 Application for transfer of casino licence\n(1) The casino licensee may apply to the Minister to transfer the casino\nlicence to another corporation.\n\nDivision 3.3 Transfer and surrender of casino licence\n(2) The application must—\n(a) be in writing signed by the licensee; and\n(b) be accompanied by a signed consent to transfer by the person (if\nany) who nominated the licensee under section 21 (3) (b).\n","sortOrder":29},{"sectionNumber":"30","sectionType":"section","heading":"Transfer of casino licence","content":"30 Transfer of casino licence\n(1) On application under section 29, the Minister must—\n(a) transfer the casino licence; or\n(b) refuse to transfer the casino licence; or\n(c) ask for further information about the proposed transfer.\n(2) A request for further information must—\n(b) state a reasonable time within which the information must be\ngiven.\n(3) If the Minister asks the casino licensee for further information about\nthe application, the Minister must not approve, or refuse to approve,\nthe transfer of the casino licence until—\n(a) the Minister has received the information; or\n(b) the time stated for giving the information has ended.\n(4) The Minister may approve the transfer of the casino licence if—\n(a) the casino licence is not suspended; and\n(b) a disciplinary notice under division 3.4 is not outstanding in\nrelation to the casino licensee; and\n\nTransfer and surrender of casino licence Division 3.3\n(c) the prospective licensee would be granted the casino licence\nunder section 21.\nNote The Minister may grant a casino licence to a proposed casino\nlicensee under s 21 if the proposed licensee is—\n(a) a corporation; and\n(b) an eligible person; and\n(c) if there is a casino lease—the casino lessee or a corporation\nnominated by the lessee; and\n(d) if there is no casino lease—the owner of the casino or a\ncorporation nominated by the owner.\nIn deciding whether to grant a casino licence, the Minister is\nrequired to consider any recommendation by the commission and\na casino advisory panel in relation to the proposed licensee’s\neligibility, including any recommendation by an advisory panel\nabout whether granting the casino licence to the proposed licensee\nis in the public interest.\n","sortOrder":30},{"sectionNumber":"31","sectionType":"section","heading":"Surrender of casino licence","content":"31 Surrender of casino licence\n(1) This section applies to the casino licensee if the casino licensee does\nnot owe the Territory or the commission an amount under this Act.\n(2) The casino licensee may surrender the casino licence by giving the\nMinister a written notice stating that the casino licensee surrenders\nthe licence.\n(3) The surrender of the casino licence takes effect 4 weeks after the day\nthe notice under subsection (2) is given to the Minister or, if the notice\nstates a later date of effect, on that date.\n\nDivision 3.4 Disciplinary action against casino\n","sortOrder":31},{"sectionNumber":"32","sectionType":"section","heading":"Definitions—div 3.4","content":"32 Definitions—div 3.4\ncasino licensee includes an administrator appointed under section 39.\ndisciplinary action—see section 34.\ndisciplinary notice—see section 36.\nground for disciplinary action against the casino licensee—see\nsection 33.\n","sortOrder":32},{"sectionNumber":"33","sectionType":"section","heading":"Grounds for disciplinary action against casino licensee","content":"33 Grounds for disciplinary action against casino licensee\n(1) Each of the following is a ground for disciplinary action against the\ncasino licensee:\n(a) the casino licensee has given information to the commission that\nwas false or misleading;\n(b) the casino licensee has failed to give information required to be\ngiven under this Act, the Control Act or the Casino (Electronic\n(c) the casino licensee, or an agent or employee of the casino\nlicensee, has contravened this Act or the Casino (Electronic\n(d) the casino licensee has contravened a requirement by the\nTreasurer of the Commonwealth in relation to foreign\ninvestment;\n(e) the casino licensee has contravened a condition of the casino\nlicence;\n(f) the casino premises are not suitable for conducting casino\noperations;\n\n(g) the casino licensee is not, or is no longer, an eligible person;\n(h) the casino licensee is not, or is no longer, in control of the casino\nbecause the casino licensee has been taken over by another\ncorporation or is under the influence of someone else;\n(i) the owner is not, or is no longer, an eligible person;\n(j) the casino lessee is not, or is no longer, an eligible person;\n(k) the casino licensee has been given a reprimand that included a\ndirection, and has not complied with the direction;\n(l) the casino licensee has failed to pay to the Territory a financial\npenalty imposed under section 37;\n(m) a proceeding to wind up the casino licensee has been started.\n(2) In subsection (1) (c), a reference to a contravention of this Act or the\nCasino (Electronic Gaming) Act 2017 includes a reference to the\nfollowing:\n(a) a contravention of the Criminal Code, part 2.4 (Extensions of\ncriminal responsibility) in relation to an offence against this Act\nor the Casino (Electronic Gaming) Act 2017 or otherwise in\nrelation to this Act or the Casino (Electronic Gaming) Act 2017;\ngiven, under or in relation to this Act or the Casino (Electronic\ndone, or not done, under or in relation to this Act or the Casino\n(Electronic Gaming) Act 2017.\n\n","sortOrder":33},{"sectionNumber":"34","sectionType":"section","heading":"Disciplinary action against casino licensee","content":"34 Disciplinary action against casino licensee\n(1) Each of the following is a disciplinary action when taken against the\ncasino licensee:\n(a) reprimanding the casino licensee;\n(b) putting conditions on, or amending the conditions of, the casino\nlicence, casino gaming machine authorisation certificate or\ncasino FATG authorisation certificate;\n(c) ordering the casino licensee to pay to the Territory a financial\npenalty of not more than $1 000 000;\n(d) recommending to the Minister that the casino licence be\nsuspended for a stated period or until a stated thing happens;\n(e) recommending to the Minister that the casino licence be\ncancelled;\n(f) suspending the casino licensee’s casino gaming machine\nauthorisation certificate or casino FATG authorisation\ncertificate;\n(g) cancelling the casino licensee’s casino gaming machine\nauthorisation certificate or casino FATG authorisation\ncertificate;\n(h) if the casino licensee is operating more casino gaming machines\nor casino FATG terminals at the casino than is allowed under\nthe casino gaming machine authorisation certificate or casino\nFATG authorisation certificate—\n(i) ordering the casino licensee to forfeit to the Territory 100%\nof the gross revenue from the operation of each casino\ngaming machine or FATG terminal that exceeds the\nnumber allowed under the authorisation certificate; and\n(ii) directing the casino licensee about how to dispose of the\nexcess casino gaming machines or casino FATG terminals.\n\n(2) For subsection (1) (d) and (e), if the casino licence is suspended or\ncancelled, the casino gaming machine authorisation certificate and\ncasino FATG authorisation certificate under the licence are\nsuspended or cancelled.\n(3) A reprimand may include a direction by the commission that the\ncasino licensee, within a stated time—\n(a) stop contravening this Act; or\n(b) correct something that contributes to the ground for disciplinary\naction.\n(4) A financial penalty imposed under this section may be recovered as a\ndebt payable to the Territory.\n","sortOrder":34},{"sectionNumber":"35","sectionType":"section","heading":"Criteria for disciplinary action against casino licensee","content":"35 Criteria for disciplinary action against casino licensee\n(1) In deciding whether disciplinary action should be taken, or what\ndisciplinary action should be taken, against the casino licensee, the\ncommission must consider the following:\n(a) whether disciplinary action has previously been taken against\nthe casino licensee;\n(b) whether the ground for which the disciplinary action is to be\ntaken endangered the public or the public interest;\n(c) the seriousness of the ground for disciplinary action;\n(d) the likelihood of further disciplinary action needing to be taken\nagainst the casino licensee.\n(2) The commission may also consider any other relevant matter.\n\n","sortOrder":35},{"sectionNumber":"36","sectionType":"section","heading":"When disciplinary notice may be given to casino licensee","content":"36 When disciplinary notice may be given to casino licensee\n(1) If the commission is satisfied that a ground for disciplinary action\nexists, or may exist, in relation to the casino licensee, the commission\nmay give the casino licensee a notice (a disciplinary notice).\nNote The commission need not give a disciplinary notice if the grounds for\ndisciplinary action are the contravention of a direction in a reprimand (see\ns 37 (1)).\n(2) The disciplinary notice must—\n(a) state the ground for disciplinary action; and\n(b) tell the casino licensee that the casino licensee may, not later\nthan 3 weeks after the day the casino licensee is given the notice,\ngive a written response to the commission about the notice.\n","sortOrder":36},{"sectionNumber":"37","sectionType":"section","heading":"Taking disciplinary action against casino licensee","content":"37 Taking disciplinary action against casino licensee\n(1) This section applies if the commission is satisfied that the casino\nlicensee has contravened a direction in a reprimand.\n(2) This section also applies if—\n(a) the casino licensee has been given a disciplinary notice; and\n(b) after considering any responses given within the 3-week period\nin relation to the notice under section 36, the commission is\nsatisfied that a ground for disciplinary action exists in relation\nto the casino licensee.\n(3) The commission may take disciplinary action against the casino\nlicensee.\n(4) To remove any doubt, the disciplinary action may consist of 2 or more\nof the actions mentioned in section 34 (1) (a) to (d).\n(5) Disciplinary action mentioned in section 34 (1) (a), (b) or (c) takes\neffect when the casino licensee receives written notice of the action\nor, if the notice provides for a later time of effect, that time.\n\n(6) If the commission considers that the disciplinary action that should\nbe taken is recommending to the Minister that the casino licence be\nsuspended or cancelled, the commission must give the Minister a\nwritten notice stating—\n(a) its recommendation that the casino licence be suspended or\ncancelled; and\n(b) the reasons for the recommendation.\nNote Only the Minister may suspend or cancel the casino licence (see s 38).\n","sortOrder":37},{"sectionNumber":"38","sectionType":"section","heading":"Suspension or cancellation of casino licence","content":"38 Suspension or cancellation of casino licence\n(1) The Minister may suspend or cancel the casino licence if—\n(a) the Minister receives a notice from the commission under\nsection 37 (6) recommending that the casino licence be\nsuspended or cancelled; or\n(b) the Minister considers that suspending or cancelling the licence\nis in the public interest.\n(2) In deciding whether to suspend or cancel the casino licence under\nsubsection (1) (a), the Minister must consider the commission’s\nrecommendations.\n(3) If the Minister rejects the commission’s recommendations, the\nMinister may refer the matter back to the commission for\nreconsideration.\n(4) If the Minister proposes to suspend or cancel the casino licence under\nsubsection (1) (b), the Minister must give the casino licensee a written\nnotice—\n(a) stating why the Minister considers the casino licence should be\nsuspended or cancelled; and\n(b) telling the casino licensee that the casino licensee may, not later\nthan 3 weeks after the day the casino licensee is given the notice,\ngive a written response to the Minister about the notice.\n\n(5) After considering any response to the notice given within the 3-week\nperiod, the Minister may suspend or cancel the casino licence under\nsubsection (1) (b).\n(6) The Minister may suspend the casino licence under this section for a\nstated period or until a stated thing happens.\n","sortOrder":38},{"sectionNumber":"38A","sectionType":"section","heading":"Disciplinary action in relation to trading authorisations,","content":"38A Disciplinary action in relation to trading authorisations,\ncasino gaming machines and casino FATG terminals—\ndirections\n(1) This section applies if the commission takes disciplinary action\nagainst the casino licensee in relation to the following actions under\nthe Casino (Electronic Gaming) Act 2017:\n(a) acquiring an authorisation under section 16 (Acquiring\nauthorisations for casino gaming machines and casino FATG\nterminals);\n(b) disposing of a restricted authorisation under section 24 (Status\nof restricted authorisations if development approval ends in\nother circumstances);\n(c) acquiring a casino gaming machine under section 26 (Acquiring\ncasino gaming machine under authorisation);\n(d) acquiring a casino FATG terminal under section 28 (Acquiring\ncasino FATG terminal under authorisation).\n(2) The commission may give the casino licensee written directions about\nhow the casino licensee is to conduct the acquisition or disposal.\n(3) The directions must not be inconsistent with—\n(a) this Act, the Casino (Electronic Gaming) Act 2017 or any other\nterritory law; or\n\n(b) a condition of the casino licence.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n(4) The casino licensee must comply with the directions.\n","sortOrder":39},{"sectionNumber":"38B","sectionType":"section","heading":"Cancellation of casino licence and authorisation","content":"38B Cancellation of casino licence and authorisation\ncertificates—disposal of casino gaming machines and\ncasino FATG terminals\n(1) This section applies if the casino licence, and each authorisation\ncertificate under the licence, is cancelled under this part.\n(2) The number of authorisations for casino gaming machines and casino\nFATG terminals under each cancelled authorisation certificate is\nforfeited to the Territory.\n(3) The casino licensee must dispose of a casino gaming machine or\ncasino FATG terminal operated under a cancelled authorisation\ncertificate as the commission directs.\nMaximum penalty: 100 penalty units.\nNote The Control Act, s 23 provides that an authorised officer may enter and\ninspect any premises at any reasonable time to do the things mentioned\nin that section, including inspecting and removing any gaming equipment\nthe officer believes on reasonable grounds to be connected with an\noffence against a gaming law.\n(4) Subsection (3) does not apply if the casino licensee has a reasonable\nexcuse for not complying with the commission’s direction.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (4) (see Criminal Code, s 58).\n\n","sortOrder":40},{"sectionNumber":"39","sectionType":"section","heading":"Appointment of administrator for casino","content":"39 Appointment of administrator for casino\n(1) If the casino licence is suspended or cancelled, the Minister may\nappoint an administrator for the casino if satisfied that it is in the\npublic interest to make the appointment.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see s 207).\nNote 3 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\n(2) In appointing a person to be an administrator, the Minister must\nconsider any recommendations made by the commission about the\nsuitability of the person.\n(3) The appointment of an administrator ends if the casino licence is\ntransferred under section 30.\n","sortOrder":41},{"sectionNumber":"40","sectionType":"section","heading":"Administrator’s duties","content":"40 Administrator’s duties\nAn administrator appointed under section 39 must—\n(a) assume full control of, and responsibility for, the business of the\ncasino licensee in relation to the casino; and\n(b) conduct casino operations, or ensure that casino operations are\nconducted, in accordance with this Act.\n\n","sortOrder":42},{"sectionNumber":"41","sectionType":"section","heading":"Employees must hold licence to work","content":"41 Employees must hold licence to work\n(1) The casino licensee commits an offence if, on a day—\n(a) a person performs a prescribed function in relation to the casino;\nand\n(b) the person either—\n(i) does not hold a casino employee licence to perform the\nfunction; or\n(ii) is not competent to perform the function.\n(2) A person commits an offence if, on a day—\n(a) the person performs a prescribed function in relation to the\n(b) the person does not hold a casino employee licence to perform\nthe function.\n(4) Subsection (1) (b) (ii) does not apply in relation to a function\nperformed by a casino employee if the employee performs the\nfunction in accordance with a condition of the employee’s casino\nemployee licence that allows the employee, until the employee is\ncompetent to perform the function, to perform the function under the\nsupervision of a casino employee who is licensed, and competent, to\nperform the function.\n\n","sortOrder":43},{"sectionNumber":"42","sectionType":"section","heading":"Application for casino employee licence","content":"42 Application for casino employee licence\n(1) An individual may apply to the commission in writing for a casino\n(2) The application must be accompanied by—\n(a) a written statement from the casino licensee—\n(i) that the casino licensee employs, or has offered to employ,\nthe applicant; and\n(ii) setting out the functions that the applicant will perform in\n(iii) that the applicant—\n(A) is competent to perform the functions; or\n(B) will be supervised by a casino employee licensed, and\ncompetent, to perform the functions until the\napplicant is competent; and\n(b) an undertaking by the applicant to allow the applicant’s\nfingerprints to be taken by a police officer; and\n(c) a consent by the applicant for a police officer to—\n(i) check the applicant’s criminal record using the applicant’s\nfingerprints; and\n(ii) report the results of the check to the commission; and\n(d) 4 recent passport-size photographs of the applicant.\n","sortOrder":44},{"sectionNumber":"43","sectionType":"section","heading":"Amendment of application for casino employee licence","content":"43 Amendment of application for casino employee licence\n(1) This section applies if, before an application under section 42 is\ndecided, a change happens in relation to—\n(a) something mentioned in the application; or\n\n(b) a document, or something mentioned in a document, that\naccompanied the application.\n(2) The applicant must give the commission a written statement—\n(a) setting out the details of the change; and\n(b) asking the commission to amend the application to include the\nchange.\n(3) The statement must be signed by the applicant.\n","sortOrder":45},{"sectionNumber":"44","sectionType":"section","heading":"Approval of application for casino employee licence","content":"44 Approval of application for casino employee licence\n(1) If the commission receives an application under section 42 for a\ncasino employee licence, the commission must—\n(a) approve the application; or\n(b) amend the application in accordance with a statement given to\nthe commission under section 43 and approve the amended\napplication; or\n(c) refuse to approve the application; or\n(d) make a request under subsection (2) in relation to the application\nto—\n(i) the casino licensee; or\n(ii) the applicant; or\n(iii) anyone else associated with the applicant who is, in the\ncommission’s opinion, relevant to the application.\n(2) A request under this subsection to a person—\n(a) must—\n(i) be in writing; and\n(ii) state a reasonable time within which the information must\nbe given; and\n\n(b) may ask the person to do all or any of the following:\n(i) give the commission stated information relevant to the\napplication;\n(ii) produce for the commission’s inspection a stated document\nor documents of a stated kind, relevant to the application;\n(iii) allow the commission to examine, copy or take extracts\nfrom a stated document, or documents of a stated kind,\nrelevant to the application (including documents produced\nfor the commission’s inspection under subparagraph (ii));\n(iv) verify information given or a document produced to the\ncommission;\n(v) authorise a stated person to do anything mentioned in\nsubparagraphs (i) to (iv).\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n(3) If the commission makes a request under subsection (2), the\ncommission must not approve or refuse to approve the application for\na casino employee licence until—\n(a) the commission has received the information; or\n(b) the time stated under subsection (2) (a) (ii) for giving the\ninformation has ended.\n(4) The commission must approve the application if—\n(a) the commission is satisfied that the applicant is an eligible\nperson; and\n\n(b) the casino licensee has given the commission a written statement\nthat the applicant has been employed or offered employment by\nthe casino licensee and—\n(i) is competent to perform the functions set out in the\nstatement; or\n(ii) will be supervised by a casino employee who is licensed,\nand competent, to perform the functions until the applicant\nis competent.\n(5) The commission may refuse to approve the application if the\nrequirements of subsection (1) (d) and section 43 have not been\ncomplied with.\n(6) In considering the application, the commission may inquire into\nanything relating to the application it considers relevant.\n(7) If the commission approves the application, the commission may\ndecide to put conditions on the casino employee licence it gives the\napplicant.\n","sortOrder":46},{"sectionNumber":"45","sectionType":"section","heading":"Issue of casino employee licence","content":"45 Issue of casino employee licence\n(1) If the commission approves an application for a casino employee\nlicence, it must—\n(a) give a casino employee licence to the applicant; and\n(b) give a copy of the licence to the casino licensee.\n(2) A casino employee licence must state—\n(a) when the licence starts; and\n(b) the prescribed functions that the licence-holder may perform in\n\n(c) any conditions mentioned in section 50 (c) to which the licence\nis subject.\nNote A casino employee licence is also subject to the conditions mentioned in\ns 50 (a) and (b).\n(3) A casino employee licence is for not more than 3 years.\n(4) If a short-term licence has been given to the applicant, the licence\nunder this section is taken to have started when the short-term licence\nstarted.\n","sortOrder":47},{"sectionNumber":"46","sectionType":"section","heading":"Replacement of casino employee licence","content":"46 Replacement of casino employee licence\n(1) This section applies if a person tells the commission, in writing, that\na casino employee licence given to the person has been lost, stolen or\ndestroyed.\n(2) The commission may, by written notice given to the person, require\nthe person to give the commission, within a stated period, a statement\nconfirming, and explaining the circumstances of, the loss, theft or\ndestruction.\n(3) If the commission is satisfied that the person’s casino employee\nlicence has been lost, stolen or destroyed, the commission may give\na replacement to the person.\n","sortOrder":48},{"sectionNumber":"47","sectionType":"section","heading":"Renewal of casino employee licence","content":"47 Renewal of casino employee licence\n(1) A casino employee may apply to the commission for renewal of their\ncasino employee licence (other than a short-term licence) not later\nthan 1 month, and not earlier than 3 months, before the day the term\nof the licence ends.\n(2) The application must be accompanied by a consent by the applicant\nfor a police officer to—\n(a) check the applicant’s criminal record using the applicant’s\nfingerprints; and\n(b) report the results of the check to the commission.\n\n(3) On application under this section, the commission must approve the\napplication if satisfied that it would approve the casino employee’s\napplication if the application were an application for an initial casino\n(4) The renewal of the casino employee licence—\n(a) begins on the day after the term of the licence being renewed\nends; and\n(b) is for not more than 3 years.\n(5) If the commission approves the application, the commission must—\n(a) give a casino employee licence to the casino employee; and\n(b) give a copy of the licence to the casino licensee.\n(6) A casino employee licence that is suspended may be renewed, but the\nrenewed licence is suspended until the end of the suspension.\n","sortOrder":49},{"sectionNumber":"48","sectionType":"section","heading":"Short-term casino employee licence","content":"48 Short-term casino employee licence\n(1) This section applies to a person who has applied under section 42 for\na casino employee licence, or applied under section 47 for renewal of\na casino employee licence, if—\n(a) the commission has not received the results of the police check\nof the person’s criminal record; but\n(b) the commission would issue a casino employee licence to the\nperson, or renew the person’s licence, if nothing in the results of\nthe police check showed that the person was not an eligible\nperson.\n(2) The commission may—\n(a) for an application under section 42—give a casino employee\nlicence to the person; or\n(b) for an application under section 47—renew the licence.\n\n(3) A licence given or renewed under this section (a short-term licence)\nis for 6 months, and cannot be renewed.\n(4) The commission must give a copy of each short-term licence to the\n(5) A short-term licence must state—\n(a) when the licence starts; and\n(b) the prescribed functions that the licence-holder may perform in\n(c) any conditions mentioned in section 50 (c) to which the licence\nis subject.\nNote A short-term licence is also subject to the conditions mentioned in\ns 50 (a) and (b).\n(6) If, after considering the results of the police check of the person’s\ncriminal record, the commission is satisfied that the person is not an\neligible person, the commission must, by written notice given to the\nperson cancel the person’s short-term licence.\n","sortOrder":50},{"sectionNumber":"Div 4","sectionType":"division","heading":"2 Conditions of casino employee","content":"Division 4.2 Conditions of casino employee\n","sortOrder":51},{"sectionNumber":"49","sectionType":"section","heading":"Contravention of conditions of casino employee licence","content":"49 Contravention of conditions of casino employee licence\n(1) The casino licensee commits an offence if, on a day—\n(a) a casino employee performs a prescribed function stated in the\ncasino employee’s licence in relation to the casino; and\n(b) the casino employee’s licence is subject to a condition; and\n(c) the casino employee contravenes the condition.\n(2) An offence against subsection (1) is a strict liability offence.\n\nConditions of casino employee licence Division 4.2\n(3) A casino employee commits an offence if—\n(a) the person’s casino employee licence is subject to a condition;\nand\n(b) the person engages in conduct that contravenes the condition.\nMaximum penalty: 5 penalty units.\n","sortOrder":52},{"sectionNumber":"50","sectionType":"section","heading":"Conditions of casino employee licence","content":"50 Conditions of casino employee licence\nA casino employee licence is subject to the following conditions:\n(a) the condition that the licence-holder must comply with any\nwritten request by the commission to do all or any of the\nfollowing:\n(i) give the commission stated information relevant to the\nadministration or enforcement of this Act;\n(ii) produce for the commission’s inspection a stated\ndocument, or documents of a stated kind, relevant to the\nadministration or enforcement of this Act;\n(iii) allow the commission to examine, copy or take extracts\nfrom a stated document, or documents of a stated kind,\nrelevant to the administration or enforcement of this Act\n(including documents produced for the commission’s\ninspection under subparagraph (ii));\n(iv) verify information given or a document produced to the\ncommission;\n(v) authorise a stated person to do anything mentioned in\nsubparagraphs (i) to (iv);\n(b) the condition that, if a change happens in relation to something\nmentioned in section 43 (1) (a) or (b) in relation to the\nlicence-holder, the licence-holder must, as soon as practicable\nafter the change happens, give the commission a written\nstatement setting out the details of the change;\n\n(c) any condition the commission puts on the licence when giving\nthe licence or at any other time.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n","sortOrder":53},{"sectionNumber":"51","sectionType":"section","heading":"Amendment of conditions of casino employee licence","content":"51 Amendment of conditions of casino employee licence\n(1) The commission may amend the conditions of a casino employee\nlicence on its own initiative or on application by the licence-holder or\nthe casino licensee.\n(2) If the commission receives an application under subsection (1), the\ncommission must approve, or refuse to approve, the application.\n(3) If the commission amends the conditions of a casino employee\nlicence, it must—\n(a) give an amended casino employee licence to the applicant; and\n(b) give a copy of the amended licence to the casino licensee.\n(4) The amendment takes effect on the date stated in the amended casino\n(5) This section does not apply to a condition mentioned in section 50 (a)\nor (b).\n(6) In this section:\namend the conditions of a casino employee’s licence includes—\n(a) put a condition on the licence; and\n(b) revoke a condition of the licence.\n\nChanges in relation to casino employee licences Division 4.3\nDivision 4.3 Changes in relation to casino\nemployee licences\n","sortOrder":54},{"sectionNumber":"52","sectionType":"section","heading":"Change of prescribed functions","content":"52 Change of prescribed functions\n(1) The holder of a casino employee licence may apply in writing to the\ncommission for an amendment of the licence to change the prescribed\nfunctions that may be performed by the holder in relation to the\ncasino.\n(2) The application must be accompanied by a written statement from the\n(a) setting out the new functions that the applicant will perform in\n(b) that the applicant—\n(i) is competent to perform the functions; or\n(ii) will be supervised by a casino employee who is licensed,\nand competent, to perform the functions until the applicant\nis competent.\n(3) The commission must approve, or refuse to approve, the application.\n(4) If the commission approves the application, it must—\n(a) give an amended casino employee licence to the applicant; and\n(b) give a copy of the amended licence to the casino licensee.\n(5) The amendment takes effect on the date stated in the amended casino\n","sortOrder":55},{"sectionNumber":"53","sectionType":"section","heading":"Employee no longer working in casino","content":"53 Employee no longer working in casino\nIf a casino employee stops working in relation to the casino, the\ncommission must cancel the employee’s casino employee licence.\n\nDivision 4.3 Changes in relation to casino employee licences\n","sortOrder":56},{"sectionNumber":"54","sectionType":"section","heading":"Obligation to return casino employee licence","content":"54 Obligation to return casino employee licence\n(1) This section applies to a person if—\n(a) the term of the person’s casino employee licence ends; or\n(b) the commission gives an amended casino employee licence to\nthe person; or\n(c) the person’s casino employee licence is cancelled or suspended;\nor\n(d) the person is a casino employee who stops working in relation\nto the casino.\n(2) The person must return the person’s casino employee licence to the\ncommission not later than 1 week after—\n(a) the day the term of the licence ends; or\n(b) the person is given the amended casino employee licence; or\n(c) the day the person is given notice of the cancellation or\nsuspension; or\n(d) the day the person stops working in relation to the casino.\nMaximum penalty: 5 penalty units.\n(4) This section does not apply if the person has a reasonable excuse.\n(5) If a person returns the person’s casino employee licence to the\ncommission because it is suspended, the commission must return the\nlicence to the person at the end of the suspension unless the term of\nthe licence has ended.\n\nDisciplinary action against casino employees Division 4.4\nDivision 4.4 Disciplinary action against casino\nemployees\n","sortOrder":57},{"sectionNumber":"55","sectionType":"section","heading":"Definitions—div 4.4","content":"55 Definitions—div 4.4\ndisciplinary action—see section 57.\ndisciplinary notice—see section 59.\nground for disciplinary action against a casino employee—see\nsection 56.\n","sortOrder":58},{"sectionNumber":"56","sectionType":"section","heading":"Grounds for disciplinary action against casino employee","content":"56 Grounds for disciplinary action against casino employee\n(1) Each of the following is a ground for disciplinary action against a\ncasino employee:\n(a) when the commission decided the casino employee’s\napplication for a casino employee licence or for renewal of the\nlicence, grounds existed to refuse to approve the application but\nthe commission was not aware of them;\n(b) the casino employee has given information to the commission\nthat was false or misleading;\n(c) the casino employee has failed to give information required to\nbe given under this Act;\n(d) the casino employee has contravened this Act;\n(e) the casino employee has contravened a condition of the\nemployee’s casino employee licence;\n(f) the casino employee is not, or is no longer, an eligible person;\n(g) the casino employee is not, or is no longer, competent to perform\nthe functions for which the employee holds a casino employee\nlicence.\n\nDivision 4.4 Disciplinary action against casino employees\n(2) However, subsection (1) (g) does not apply in relation to a function\nperformed by the casino employee if the employee performs the\nfunction in accordance with a condition of the employee’s casino\nemployee licence that allows the employee, until the employee is\ncompetent to perform the function, to perform the function under the\nsupervision of a casino employee who is licensed, and competent, to\nperform the function.\n(3) In subsection (1) (d), a reference to a contravention of this Act\nincludes a reference to the following:\n(a) a contravention of the Criminal Code, part 2.4 (Extensions of\ncriminal responsibility) in relation to an offence against this Act\nor otherwise in relation to this Act;\ngiven, under or in relation to this Act;\n","sortOrder":59},{"sectionNumber":"57","sectionType":"section","heading":"Disciplinary action against casino employee","content":"57 Disciplinary action against casino employee\nEach of the following is a disciplinary action when taken against a\ncasino employee:\n(a) reprimanding the casino employee;\n(b) putting conditions on, or amending the conditions of, the casino\nemployee’s licence;\n(c) amending the casino employee’s licence to change the\nprescribed functions the casino employee may perform in\nrelation to the casino;\n(d) suspending the casino employee’s licence;\n(e) cancelling the casino employee’s licence.\n\nDisciplinary action against casino employees Division 4.4\n","sortOrder":60},{"sectionNumber":"58","sectionType":"section","heading":"Criteria for disciplinary action against casino employee","content":"58 Criteria for disciplinary action against casino employee\n(1) In deciding whether to take disciplinary action, or what disciplinary\naction to take, against a casino employee, the commission must\nconsider the following:\n(a) whether action has previously been taken against the casino\nemployee;\n(b) the seriousness of any contravention of this Act;\n(c) the likelihood of further disciplinary action needing to be taken\nagainst the casino employee.\n(2) The commission may also consider any other relevant matter.\n","sortOrder":61},{"sectionNumber":"59","sectionType":"section","heading":"Taking disciplinary action against casino employee","content":"59 Taking disciplinary action against casino employee\n(1) If the commission is satisfied that a ground for disciplinary action\nexists, or may exist, in relation to a casino employee, the commission\nmay give the casino employee a notice (a disciplinary notice).\n(2) The disciplinary notice must—\n(a) state the ground for disciplinary action; and\n(b) tell the casino employee that the casino employee may, not later\nthan 3 weeks after the day the casino employee is given the\nnotice, give a written response to the commission about the\n(3) If, after considering any responses given within the 3-week period,\nthe commission is satisfied that a ground for disciplinary action exists\nin relation to the casino employee, the commission may take\ndisciplinary action against the casino employee.\n(4) To remove any doubt, the disciplinary action may consist of 2 or more\nof the actions mentioned in section 57 (a) to (d).\n\n(5) The disciplinary action takes effect when the casino employee\nreceives written notice of the action or, if the notice provides for a\nlater time of effect, that time.\n","sortOrder":62},{"sectionNumber":"60","sectionType":"section","heading":"Effect of suspension of casino employee licence","content":"60 Effect of suspension of casino employee licence\n(1) If a casino employee licence is suspended under section 59, the\nlicence is not in force for the period of the suspension.\n(2) Subsection (1) does not affect—\n(a) any civil or criminal liability incurred by the licence-holder; or\n(b) the exercise of the functions of the commission or an authorised\nperson in relation to the licence-holder or the casino employee\nlicence.\n(3) The commission may shorten or end the period of suspension by\nwritten notice to the licence-holder.\n(4) For this section:\nauthorised person does not include a casino employee.\n","sortOrder":63},{"sectionNumber":"61","sectionType":"section","heading":"Casino licensee to give commission information about","content":"61 Casino licensee to give commission information about\nemployees\n(1) The casino licensee must give the commission—\n(a) written notice of a person starting work in relation to the\noperation of the casino no later than the day the person starts\nwork; and\n(b) written notice of a person stopping work in relation to the\noperation of the casino within 1 week after the day the person\nstops work.\n\nInformation about casino employees Division 4.5\n(2) The commission may, by written notice given to the casino licensee,\nrequire the casino licensee to give the commission, within a stated\nreasonable period, the following information:\n(a) a list of casino employees;\n(b) a list of people who are employed or otherwise work in relation\nto the operation of the casino;\n(c) a list of people employed by the casino licensee in any other\ncapacity.\n(3) The commission must not give the casino licensee a notice under\nsubsection (2) more than twice in any 12-month period.\n(4) The casino licensee commits an offence if the licensee fails to give\nthe commission, in accordance with this section, information required\nto be given under this section.\n(5) An offence against this section is a strict liability offence.\n\n","sortOrder":64},{"sectionNumber":"62","sectionType":"section","heading":"Designation of casino","content":"62 Designation of casino\n(1) A regulation may designate an area to be the casino for this Act.\n(2) Subsection (1) has effect despite the following provisions of the\nPlanning Act 2023:\n(a) section 52 (Effect of territory plan);\n(b) section 64 (Public consultation—notice of interim effect etc);\n(c) section 69 (Public availability notice—notice of interim effect\netc).\n(3) Except as provided in subsection (2), this Act does not authorise the\ndoing of anything, or the approval of the doing of anything, that\nwould be inconsistent with the territory plan.\n","sortOrder":65},{"sectionNumber":"63","sectionType":"section","heading":"Directions in relation to casino","content":"63 Directions in relation to casino\n(1) The commission may give the casino licensee a written direction in\nrelation to the following:\n(a) the conduct of any operation in the casino;\n(b) the layout of the casino;\n(c) the operating times for the casino;\n(d) the content or implementation of control procedures;\n(e) the separation of cash facilities from the casino.\n(2) The casino licensee must not engage in conduct that contravenes a\ndirection given to the casino licensee under this section.\n\nLayout of casino Division 5.2\n","sortOrder":66},{"sectionNumber":"64","sectionType":"section","heading":"Meaning of current layout in div 5.2","content":"64 Meaning of current layout in div 5.2\ncurrent layout, of the casino, means the plans for the layout of the\ncasino approved, from time to time, by the commission.\n","sortOrder":67},{"sectionNumber":"65","sectionType":"section","heading":"Casino to be operated in accordance with current layout","content":"65 Casino to be operated in accordance with current layout\n(1) The casino licensee must operate the casino in accordance with the\ncurrent layout of the casino.\nthe layout of the casino (see s 63 (1) (b)).\n","sortOrder":68},{"sectionNumber":"66","sectionType":"section","heading":"Notice of proposed change to current layout etc","content":"66 Notice of proposed change to current layout etc\n(1) The casino licensee must give the commission notice of—\n(a) a proposed change to the current layout of the casino; or\n(b) a proposed new layout for the casino.\n(2) The notice must—\n(b) state the date when the casino licensee proposes to implement\nthe change to the current layout or the new layout; and\n(c) be made at least 1 week before that date; and\n(d) be accompanied by a copy of the plans showing the changed\nlayout or new layout.\n\n(3) The casino licensee must not implement the proposed change to the\ncurrent layout or the proposed new layout earlier than 1 week after\nthe day the notice is given to the commission.\n","sortOrder":69},{"sectionNumber":"67","sectionType":"section","heading":"Decision on proposed change to current layout etc","content":"67 Decision on proposed change to current layout etc\n(1) On receiving a notice under section 66, the commission may, by\nwritten notice given to the casino licensee—\n(a) approve or reject the plans accompanying the notice under\nsection 66; or\n(b) ask the casino licensee to demonstrate how the plans or the\nlayout comply with the requirements mentioned in\nsubsection (4); or\n(c) ask for further information about the plans; or\n(d) ask for further time to consider the plans.\n(2) If the commission gives a notice under subsection (1) (b) or (c)—\n(a) the notice must state a reasonable time within which the\ndemonstration or information must be given; and\n(b) the commission must not approve or reject the plans until—\n(i) the commission has received the demonstration or\ninformation; or\n(ii) the time stated for giving the demonstration or information\nhas ended.\n(3) A notice under subsection (1) (d) must state the further time needed\nto consider the plans.\n(4) The commission must not approve the plans, or allow the plans to be\napproved under subsection (5) or (6), unless satisfied that—\n(a) the plans clearly identify the gaming area of the casino; and\n\nLayout of casino Division 5.2\n(b) the proposed layout adequately takes into account the safety and\ncomfort of, and harm minimisation strategies for, patrons; and\n(c) the proposed layout includes adequate closed-circuit television\ncoverage in the casino; and\n(d) the plans and proposed layout are in accordance with this Act.\n(5) The commission is taken to have approved the plans if a notice under\nsubsection (1) is not given to the casino licensee within 1 week after\nthe day the commission receives the notice under section 66.\n(6) If the commission asks for further time to consider the plans, the\ncommission is taken to have approved the plans if a notice rejecting\nthe plans is not given to the casino licensee within the later period\nrequested by the commission.\n(7) In this section:\nadequate—closed-circuit television coverage is adequate if the\ncommission is satisfied that—\n(a) the coverage provides proper monitoring of—\n(i) all patron and gaming activity; and\n(ii) the storage of gaming equipment, cash and chips in the\n(b) at least 1 camera is continually monitoring each gaming table\nthat is being used for gaming; and\n(c) all images captured by closed-circuit television in the casino are\ncontinuously recorded.\n\n","sortOrder":70},{"sectionNumber":"68","sectionType":"section","heading":"Operating times","content":"68 Operating times\n(1) The casino licensee—\n(a) must operate the casino during core trading hours; but\n(b) may decide longer operating times for the casino.\nthe operating times for the casino (see s 63 (1) (c)).\n(2) The commission may exempt the casino licensee from operating the\ncasino during core trading hours for a stated time if the commission\nconsiders there is a good reason to give the exemption.\nExamples\n1 the casino needs significant repairs\n2 the occurrence of a significant power failure affecting the casino\n(3) The casino licensee may operate the casino on a public holiday.\ncore trading hours means the core trading hours prescribed by\nregulation.\n","sortOrder":71},{"sectionNumber":"69","sectionType":"section","heading":"Notice of operating times","content":"69 Notice of operating times\n(1) The casino licensee must place a sign stating the operating times for\nthe casino in a prominent position outside each public entrance to the\ncasino.\n(2) If the casino licensee changes the operating times, the casino licensee\nmust, at least 24 hours before the change happens—\n(a) give the commission written notice of the changed operating\ntimes; and\n(b) give public notice about the changed operating times; and\n\nTermination of supply contracts Division 5.4\n(c) place a sign stating the changed operating times in a prominent\nposition outside each public entrance to the casino.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n","sortOrder":72},{"sectionNumber":"70","sectionType":"section","heading":"Meaning of supply contract in div 5.4","content":"70 Meaning of supply contract in div 5.4\nsupply contract—\n(a) means—\n(i) a contract relating to the supply of goods or services to the\n(ii) a contract prescribed by regulation as a contract to which\nthis division applies; but\n(b) does not include—\n(i) a control agreement; or\n(ii) a casino lease; or\n(iii) a contract relating to the construction of the casino; or\n(iv) a contract declared by regulation to be a contract to which\nthis division does not apply.\n","sortOrder":73},{"sectionNumber":"71","sectionType":"section","heading":"Notice about proposed termination of supply contract","content":"71 Notice about proposed termination of supply contract\n(1) If the commission considers that it is not in the public interest for a\nsupply contract to remain in force, the commission must give each\nparty to the supply contract a written notice—\n(a) stating the reasons why the commission considers that it is not\nin the public interest for the contract to remain in force; and\n\n(b) telling the party that the party may, not later than 3 weeks after\nthe day the party is given the notice, give a response to the\ncommission about the notice.\n(2) In deciding whether or not it is in the public interest for a supply\ncontract to remain in force, the commission must consider—\n(a) whether each party to the supply contract is an eligible person;\nand\n(b) the operation of the supply contract.\n(3) The commission may also consider any other relevant matter.\n(4) The commission may require a party to a supply contract to give the\ncommission information the commission reasonably needs for\nexercising its function under this section.\n","sortOrder":74},{"sectionNumber":"72","sectionType":"section","heading":"Terminating supply contracts","content":"72 Terminating supply contracts\n(1) This section applies if the commission has given notice under\nsection 71 in relation to a supply contract.\n(2) If the commission is not satisfied, after considering any responses\ngiven to it within the 3-week period mentioned in section 71 (1) (b),\nthat it is in the public interest for the supply contract to remain in\nforce, the commission must terminate the contract by written notice\ngiven to each party to the contract.\n(3) In deciding whether or not it is in the public interest for the supply\ncontract to remain in force, the commission—\n(a) must consider the matters mentioned in section 71 (2); and\n(b) may also consider any other relevant matter.\n(4) The supply contract is terminated on the date stated in the notice.\n\nCasino facilities Division 5.5\n","sortOrder":75},{"sectionNumber":"73","sectionType":"section","heading":"Effect of termination of supply contract","content":"73 Effect of termination of supply contract\nIf a supply contract is terminated under this division, the following\nprovisions apply in relation to the supply contract:\n(a) a right acquired, or a liability incurred, by a party to the contract\nbefore the termination is not affected by the termination;\n(b) a party to the contract does not incur a liability for breach of\ncontract only because of the termination;\n(c) no liability is incurred by the Territory or the commission\nbecause of the termination.\n","sortOrder":76},{"sectionNumber":"Div 5","sectionType":"division","heading":"5 Casino facilities","content":"Division 5.5 Casino facilities\n","sortOrder":77},{"sectionNumber":"74","sectionType":"section","heading":"Maintenance of casino facilities","content":"74 Maintenance of casino facilities\n(1) The casino licensee must maintain in good order and condition, to the\nsatisfaction of the commission—\n(a) all security and surveillance equipment for the casino; and\n(b) all gaming equipment and chips.\n(2) The casino licensee must regularly carry out testing on all security\nand surveillance equipment for the casino.\n","sortOrder":78},{"sectionNumber":"75","sectionType":"section","heading":"Establishing control procedures","content":"75 Establishing control procedures\n(1) The casino licensee commits an offence if the casino licensee has\nnot—\n(a) established control procedures for the operation of the casino\nthat include the operational details mentioned in subsection (3)\nand comply with any regulation made for subsection (4); or\n\n(b) given the commission a written copy of the control procedures.\nthe content or implementation of control procedures (see s 63 (1) (d)).\n(3) The control procedures must include operational details (including\nwho is responsible) for each of the following:\n(a) accounting and record keeping in relation to gaming operations,\nincluding premium players and commission-based players;\n(b) the conduct of authorised games;\n(c) access to and handling (including storage) of cash and chips;\n(d) payment of winnings;\n(e) access to, and storage and maintenance of, gaming equipment;\n(f) security of the casino, including gaming equipment, cash, chips,\nand patron safety;\n(g) operation and maintenance of the casino’s closed-circuit\ntelevision system and other security systems;\n(h) the level of supervision that is appropriate and reasonable for a\ncasino employee in relation to the employee’s prescribed\nfunctions;\n(i) job descriptions (including responsibilities) of casino\nemployees;\n(j) anything else prescribed by regulation.\n(4) A regulation may make provision in relation to the control\nprocedures.\n\nControl procedures Division 5.6\n(5) In this section:\ncommission-based player means a person visiting the casino as part\nof a commission-based player scheme.\npremium player means a person visiting the casino who—\n(a) is offered or given privileges by the casino licensee based on the\nperson’s level of gaming activity in the casino; but\n(b) is not participating in a commission-based player scheme.\n","sortOrder":79},{"sectionNumber":"76","sectionType":"section","heading":"Changing control procedures","content":"76 Changing control procedures\n(1) The casino licensee may change the control procedures by written\nnotice given to the commission.\n(2) The notice must—\n(a) state the date when the casino licensee proposes to commence\nthe change to the control procedures; and\n(b) be given at least 1 week before that date.\n(3) However, the commission may accept the notice even if it is not given\nin accordance with subsection (2) (b).\n(4) On receiving a notice under subsection (1), the commission may, by\nwritten notice given to the casino licensee—\n(a) approve or reject the proposed change; or\n(b) direct the casino licensee to include other changes; or\n(c) direct the casino licensee to change the control procedures in\nanother way; or\n(d) direct the casino licensee to change the date for the change to\ncommence; or\n(e) ask for further information or clarification about the proposed\nchange; or\n\n(f) tell the casino licensee that a further stated reasonable time is\nneeded to consider the proposed change.\n(5) If the commission gives a notice under subsection (4) (e)—\n(a) the notice must state a reasonable time within which the\ninformation or clarification must be given; and\n(b) the commission must not make a decision under\nsubsection (4) (a) to (d) until—\n(i) the commission has received the information or\nclarification; or\n(ii) the time stated for giving the information or clarification\nhas ended.\n(6) The commission is taken to have approved the proposed change if a\nnotice under subsection (4) is not given to the casino licensee within\n1 week after the day the commission receives the notice under\nsubsection (1).\n(7) The commission may, at any time on its own initiative and by written\nnotice given to the casino licensee, direct the casino licensee to make\na stated change to the control procedures.\n","sortOrder":80},{"sectionNumber":"77","sectionType":"section","heading":"Complying with control procedures","content":"77 Complying with control procedures\n(1) The casino licensee commits an offence if the licensee contravenes\nthe control procedures.\n(2) An agent of the casino licensee commits an offence if—\n(a) the agent operates, or performs a function in relation to, the\n(b) the agent contravenes the control procedures.\n\n(3) An offence against subsection (1) or (2) is a strict liability offence.\n(4) A casino employee commits an offence if—\n(a) the casino employee performs a function in relation to the\n(b) the casino employee engages in conduct that contravenes the\ncontrol procedures.\n","sortOrder":81},{"sectionNumber":"78","sectionType":"section","heading":"Definitions—div 5.7","content":"78 Definitions—div 5.7\ndocument of identification, for a person, means—\n(a) a document that—\n(i) is a driver licence, proof of identity card or passport; and\n(ii) contains a photograph that could reasonably be taken to be\nof the person; and\n(iii) indicates that the person to whom the document was issued\nis at least 18 years old; or\n(b) any other document prescribed by regulation.\nNote A document may be in electronic form (see Legislation Act, dict, pt 1,\ndef document).\ndriver licence means an Australian driver licence or a licence to drive\na motor vehicle (however described) issued under the law of an\nexternal Territory or a foreign country.\nexcluded person means a person who is excluded from entering or\nremaining in the casino by a notice under section 82 (Exclusion by\ncasino official) or section 84 (Exclusion by chief police officer or\ncommission).\n\nexclusion notice—see section 82 (1).\nproof of identity card includes a document corresponding to a proof\nof identity card that has been issued under the law of a State.\n","sortOrder":82},{"sectionNumber":"79","sectionType":"section","heading":"Entry to casino","content":"79 Entry to casino\n(1) A person may enter or remain in the casino only by the licence of the\n(2) Without limiting subsection (1), a casino official may refuse to allow\na person to enter or remain in the casino unless the person satisfies\nthe official of the person’s age by showing a document of\nidentification.\n(3) A regulation may prescribe conditions for members of the public to\nsatisfy to enter or remain in the casino.\n","sortOrder":83},{"sectionNumber":"80","sectionType":"section","heading":"Children must not enter casino","content":"80 Children must not enter casino\n(1) A casino official commits an offence if the official allows a child to\nenter or remain in the casino.\n(3) It is a defence to a prosecution for an offence against this section if\nthe child was at least 16 years old and the defendant proves that—\n(a) the child had shown a document of identification before entering\n(b) the defendant believed that the child was at least 18 years old.\n","sortOrder":84},{"sectionNumber":"81","sectionType":"section","heading":"Child using false identification","content":"81 Child using false identification\nA child commits an offence if the child uses a false document of\nidentification or someone else’s document of identification for the\npurpose of obtaining entry to or remaining in the casino.\n\n","sortOrder":85},{"sectionNumber":"82","sectionType":"section","heading":"Exclusion by casino official","content":"82 Exclusion by casino official\n(1) A casino official may exclude a person from entering or remaining in\nthe casino by giving the person notice (an exclusion notice), orally or\nin writing.\n(2) A casino official must give a person an exclusion notice if the official\nbelieves, on reasonable grounds, that the person—\n(a) is affecting the orderly functioning of the operations of the\ncasino; or\n(b) appears to be cheating, or attempting to cheat, in the casino.\nNote A person may also be excluded from the casino under the Gambling and\nRacing Control (Code of Practice) Regulation 2002, sch 1, s 1.14\n(Exclusion of people at risk or excluded under deed).\n(3) A written exclusion notice must state—\n(a) that the notice is made under this section; and\n(b) the period for which the person is to be excluded; and\n(c) the reasons for the exclusion; and\n(d) that the person may apply to the commission for a review of the\ndecision to exclude the person from the casino.\n(4) A person given an oral exclusion notice may be removed from the\ncasino while a casino official prepares a written exclusion notice for\nthe person.\n(5) A person may not be excluded from the casino under an oral exclusion\nnotice for longer than 2 weeks.\n\n","sortOrder":86},{"sectionNumber":"83","sectionType":"section","heading":"Appeal against exclusion notice","content":"83 Appeal against exclusion notice\n(1) A person may appeal in writing to the commission against a decision\nunder section 82 to give the person an exclusion notice.\n(2) After considering submissions from the person and the casino\nlicensee, the commission must confirm, change or revoke the\nexclusion notice.\n","sortOrder":87},{"sectionNumber":"84","sectionType":"section","heading":"Exclusion by chief police officer or commission","content":"84 Exclusion by chief police officer or commission\n(1) The chief police officer or the commission may, by written notice\ngiven to the casino licensee, exclude a person named in the notice\nfrom entering or remaining in the casino—\n(a) for the period stated in the notice; or\n(b) indefinitely.\n(2) The chief police officer or the commission may give a notice under\nthis section only if satisfied that it is the public interest to give the\n(3) The notice must state—\n(a) that the notice is made under this section; and\n(b) that the person is to be excluded for a stated period or\nindefinitely.\n(4) The notice must be accompanied by—\n(a) a recent photograph of the person to be excluded; or\n(b) if it is not practicable to obtain a recent photograph—a\ndescription of the person sufficient to enable the casino licensee\nto readily identify the person.\n\n","sortOrder":88},{"sectionNumber":"85","sectionType":"section","heading":"Casino official not to allow excluded person to enter","content":"85 Casino official not to allow excluded person to enter\ncasino\n(1) A casino official commits an offence if the official allows an excluded\nperson to enter or remain in the casino.\n(3) It is a defence to a prosecution for an offence against this section if\nthe defendant proves that the defendant had no reasonable grounds to\nbelieve that the person was an excluded person.\n","sortOrder":89},{"sectionNumber":"86","sectionType":"section","heading":"Excluded person not to enter casino","content":"86 Excluded person not to enter casino\n(1) A person who is excluded from entering or remaining in the casino\nby a notice under section 82 (Exclusion by casino official) must not\nenter or remain in the casino.\n(2) An offence against subsection (1) is a strict liability offence.\n(3) A person who is excluded from entering or remaining in the casino\nby a notice under section 84 (Exclusion by chief police officer or\ncommission) must not enter or remain in the casino.\n","sortOrder":90},{"sectionNumber":"87","sectionType":"section","heading":"Revocation of exclusion notice","content":"87 Revocation of exclusion notice\n(1) A person may apply, in writing, to the commission to have an\nexclusion notice given to the person under section 82 revoked.\n(2) If the commission receives an application under subsection (1), the\ncommission must revoke, or refuse to revoke, the exclusion notice.\n\n","sortOrder":91},{"sectionNumber":"88","sectionType":"section","heading":"Removing etc excluded people","content":"88 Removing etc excluded people\n(1) A police officer, or an agent or employee of the casino licensee, may,\nwith any force that is reasonable and necessary—\n(a) prevent an excluded person from entering the casino; or\n(b) remove an excluded person from the casino.\n(2) An agent or employee of the casino licensee commits an offence if\nthe agent or employee uses more force than is necessary and\nreasonable in exercising a power under subsection (1) (a) or (b).\n(3) A person commits an offence if—\n(a) the person obstructs, hinders, intimidates an agent or employee\nof the casino licensee in the exercise of a power under\nsubsection (1); and\n(b) knows that the agent or employee is an agent or employee of the\n","sortOrder":92},{"sectionNumber":"89","sectionType":"section","heading":"Record of excluded people","content":"89 Record of excluded people\n(1) The casino licensee must keep a record of excluded people.\n(2) The record must include the following information in relation to each\nexcluded person:\n(a) the period for which the person is excluded from the casino;\n(b) the name or a description of the excluded person;\n(c) the name of the person who gave the exclusion notice;\n(d) whether the person was excluded under section 82 (Exclusion\nby casino official) or section 84 (Exclusion by chief police\nofficer or commission).\n\n(3) The casino licensee commits an offence if the licensee fails to keep a\nrecord of excluded people in accordance with this section.\n(4) An offence against this section is a strict liability offence.\n(5) The casino licensee must ensure that the record is available for\ninspection by casino employees.\n\n","sortOrder":93},{"sectionNumber":"90","sectionType":"section","heading":"Definitions—pt 6","content":"90 Definitions—pt 6\napproved rules, for an authorised game, means the rules approved for\nthe game under section 96 and, if amendments of the rules have been\napproved under section 97, the rules as so amended.\nauthorised game means a game declared under section 95 to be an\ngaming equipment—\n(a) means any electrical, electronic or mechanical device or\nanything else (other than chips) used, or suitable for use, in\nrelation to gaming; and\n(b) includes a device or other thing that is incidental to the basic\noperation of gaming equipment.\n","sortOrder":94},{"sectionNumber":"91","sectionType":"section","heading":"Approval of gaming equipment and chips","content":"91 Approval of gaming equipment and chips\n(1) The commission may, in writing, approve for use in the casino—\n(a) gaming equipment manufactured by a stated manufacturer and\nsupplied by a stated supplier; and\n(b) chips manufactured by a stated manufacturer and supplied by a\nstated supplier.\n(2) However, the commission must not approve gaming equipment or\nchips under subsection (1) unless it has considered—\n(a) the results of any technical evaluation of the gaming equipment\nor chips by an approved entity; and\n\nGaming equipment and chips Division 6.1\n(b) whether the supplier and manufacturer of the gaming equipment\nor chips are eligible people.\napproved entity means an entity approved (however described) under\na law of a local jurisdiction about gaming equipment or chips to\nundertake technical evaluations for the law.\ntechnical evaluation, of gaming equipment or chips, includes an\nevaluation of—\n(a) the design and operation of the gaming equipment or chips; and\n(b) whether the gaming equipment or chips are easily interfered\nwith, copied or forged.\n","sortOrder":95},{"sectionNumber":"92","sectionType":"section","heading":"When approval of equipment or chips not required","content":"92 When approval of equipment or chips not required\n(1) This section applies if the casino licensee acquires gaming equipment\nor chips that are identical to gaming equipment or chips in relation to\nwhich an approval is in force under section 91.\n(2) The casino licensee may use the gaming equipment or chips in the\ncasino without the commission’s approval if the casino licensee\nverifies, by written notice given to the commission, that the gaming\nequipment or chips are identical to gaming equipment or chips in\nrelation to which an approval is in force under section 91.\n","sortOrder":96},{"sectionNumber":"93","sectionType":"section","heading":"Suspension or cancellation of gaming equipment or","content":"93 Suspension or cancellation of gaming equipment or\nchips approval\n(1) The commission may, by written notice to the casino licensee,\nsuspend or cancel the approval of gaming equipment or chips if—\n(a) the gaming equipment no longer operates as designed; or\n(b) the gaming equipment no longer operates as intended; or\n(c) the supplier or manufacturer of the gaming equipment or chips\nceases to be an eligible person.\n\n(2) To remove any doubt, if the approval of gaming equipment or chips\nis suspended or cancelled under subsection (1) (a) or (b), the\nsuspension or cancellation applies to all equipment or chips of that\nkind, whether or not particular equipment or chips are operating as\ndesigned or intended.\n","sortOrder":97},{"sectionNumber":"94","sectionType":"section","heading":"Possession or use of gaming equipment or chips","content":"94 Possession or use of gaming equipment or chips\n(1) The commission may authorise a person to possess or use, outside the\ncasino, gaming equipment that is approved for use in the casino under\nsection 91.\n(2) A person commits an offence if—\n(a) the person possesses gaming equipment outside the casino; and\n(b) the gaming equipment is approved for use in the casino under\nsection 91; and\n(c) the person is not authorised by the commission to possess the\ngaming equipment outside the casino.\n(3) A person commits an offence if—\n(a) the person uses gaming equipment outside the casino; and\n(b) the gaming equipment is approved for use in the casino under\nsection 91; and\n(c) the person is not authorised by the commission to use the\ngaming equipment outside the casino.\n\nGaming equipment and chips Division 6.1\n(4) A person commits an offence if—\n(a) the person—\n(i) possesses gaming equipment or chips in the casino; or\n(ii) uses gaming equipment or chips in the casino; and\n(b) the gaming equipment or chips are not approved for use in the\ncasino under section 91.\n(5) Subsection (4) (a) (i) does not apply to the casino licensee if the\n(a) possesses the gaming equipment or chips; and\n(b) has told the commission in writing that the gaming equipment\nor chips need to be assessed for approval under section 91; and\n(c) does not use the gaming equipment or chips until they are\napproved for use in the casino under section 91.\n(6) The commission may authorise a casino official to possess, outside\nthe casino, chips that are approved for use in the casino under\nsection 91.\n(7) A casino official commits an offence if—\n(a) the official possesses chips outside the casino; and\n(b) the chips are approved for use in the casino under section 91;\nand\n(c) the official is not authorised by the commission to possess the\nchips outside the casino.\n\n(8) A casino official commits an offence if—\n(a) the official allows another casino official (the second official)\nto possess chips outside the casino; and\n(b) the chips are approved for use in the casino under section 91;\nand\n(c) the second official is not authorised by the commission to\npossess the chips outside the casino.\n","sortOrder":98},{"sectionNumber":"95","sectionType":"section","heading":"Declaration of authorised games","content":"95 Declaration of authorised games\n(1) The casino licensee may apply in writing to the commission for a\ndeclaration that a game is an authorised game.\n(2) On application under subsection (1), the commission must declare, or\nrefuse to declare, the game to be an authorised game.\n(3) A declaration is a notifiable instrument.\n(4) A declaration may include conditions in relation to the playing of the\n","sortOrder":99},{"sectionNumber":"96","sectionType":"section","heading":"Rules for authorised games","content":"96 Rules for authorised games\n(1) The casino licensee may apply in writing to the commission for\napproval of the rules for an authorised game.\nor refuse to approve, the rules for the authorised game.\n(3) An approval is a notifiable instrument.\n\n","sortOrder":100},{"sectionNumber":"97","sectionType":"section","heading":"Amendment of rules for authorised games","content":"97 Amendment of rules for authorised games\n(1) The casino licensee may apply in writing to the commission for\napproval of an amendment of the approved rules for an authorised\ngame.\nor refuse to approve, the amendment of the approved rules for the\n(3) An approval is a notifiable instrument.\n","sortOrder":101},{"sectionNumber":"98","sectionType":"section","heading":"Dealing cards","content":"98 Dealing cards\n(a) the official is conducting an authorised game in the casino\ninvolving playing cards; and\n(b) the official does not deal the playing cards from a card shoe.\n","sortOrder":102},{"sectionNumber":"99","sectionType":"section","heading":"Issue of chips","content":"99 Issue of chips\n(1) A casino official commits an offence if the official—\n(a) issues, or allows someone else to issue, chips for gaming in the\n(b) the chips are not paid for—\n(i) in money to the face value of the chips; or\n\n(ii) by chip purchase vouchers issued in accordance with the\ncontrol procedures or the procedure prescribed by\nregulation.\n","sortOrder":103},{"sectionNumber":"100","sectionType":"section","heading":"Conduct of authorised games","content":"100 Conduct of authorised games\n(a) the official conducts, or allows someone else to conduct, an\n(b) a condition is included in the declaration of the authorised game\nunder section 95; and\n(c) the game is not conducted in accordance with the condition.\n(2) A casino official commits an offence if—\n(a) the official conducts, or allows someone else to conduct, an\n(b) either—\n(i) there are no approved rules for the authorised game under\nsection 96; or\n\n(ii) the game is not conducted in accordance with the rules\napproved under section 96 (including any amendment of\nthe rules under section 97).\n","sortOrder":104},{"sectionNumber":"101","sectionType":"section","heading":"Placement and payment of wagers","content":"101 Placement and payment of wagers\n(a) the official allows a wager to be placed on an authorised game\nconducted in the casino; and\n(b) the wager is not placed—\n(i) using chips; or\n(ii) if another way of placing wagers is stated in the approved\nrules for the authorised game—in that way.\n(2) A casino official commits an offence if—\n(a) the official pays a wager won in playing an authorised game in\n(b) the official deducts an amount for a commission or levy from\nthe amount paid for the wager; and\n\n(c) the commission or levy is not provided for in the approved rules\nfor the game.\n","sortOrder":105},{"sectionNumber":"102","sectionType":"section","heading":"Exchange of chips or chip purchase vouchers","content":"102 Exchange of chips or chip purchase vouchers\n(1) The casino licensee commits an offence if—\n(a) during the operating times for the casino, a person asks for—\n(i) the exchange of a chip purchase voucher for chips; or\n(ii) the exchange of chips for other chips; or\n(iii) the redemption of chips or chip purchase vouchers for\nmoney to the value of the face value of the chips or chip\npurchase voucher; and\n(b) the licensee does not comply with the request.\n","sortOrder":106},{"sectionNumber":"103","sectionType":"section","heading":"Charge for entering or playing in casino","content":"103 Charge for entering or playing in casino\n(1) The casino licensee commits an offence if the licensee charges a fee\n(whether directly or indirectly) for a person to enter the casino.\nMaximum penalty: 50 penalty units\n(a) the licensee charges a person a fee (whether directly or\nindirectly) to play an authorised game in the casino; and\n\n(b) the fee is not provided for in the approved rules for the game.\nMaximum penalty: 50 penalty units\nfee includes—\n(a) a deposit, charge, commission or levy; and\n(b) a fee that is refundable.\n","sortOrder":107},{"sectionNumber":"104","sectionType":"section","heading":"Gaming by authorised person","content":"104 Gaming by authorised person\n(1) An authorised person commits an offence if—\n(a) the person plays an authorised game in the casino; and\n(b) the playing of the game is not part of—\n(i) the person’s functions under this Act; or\n(ii) the person’s employment; or\n(iii) a function the person is exercising for the Territory or\ncommission in relation to this Act.\n","sortOrder":108},{"sectionNumber":"105","sectionType":"section","heading":"Gratuities for casino employees or agents","content":"105 Gratuities for casino employees or agents\nA casino employee, or an agent of the casino licensee, commits an\noffence if the employee or agent solicits or accepts a gratuity from a\nperson in the casino or in relation to the operation of the casino.\n\n","sortOrder":109},{"sectionNumber":"106","sectionType":"section","heading":"Children must not play authorised games","content":"106 Children must not play authorised games\n(1) A casino official commits an offence if the official allows a child to\nplay an authorised game in the casino.\n(2) A child commits an offence if the child plays an authorised game in\nthe casino.\n(4) It is a defence to a prosecution for an offence against subsection (1)\nif the child was at least 16 years old and the defendant proves that—\n(a) the child had shown a document of identification before entering\n(b) the defendant believed that the child was at least 18 years old.\n","sortOrder":110},{"sectionNumber":"107","sectionType":"section","heading":"Gaming machines","content":"107 Gaming machines\n(1) The casino licensee commits an offence if the licensee does any of\nthe following in the casino:\n(a) possesses a gaming machine;\n(b) permits the installation of a gaming machine;\n(c) installs a gaming machine;\n(d) permits the use of a gaming machine;\n(e) uses a gaming machine.\n\n","sortOrder":111},{"sectionNumber":"108","sectionType":"section","heading":"Cheating","content":"108 Cheating\n(1) A person commits an offence if—\n(a) the person is in the casino; and\n(b) the person dishonestly—\n(i) obtains for the person or someone else; or\n(ii) induces someone to deliver, give or credit to the person or\nsomeone else;\nmoney, chips, benefit, advantage, valuable consideration or\nsecurity; and\n(c) the person does so by—\n(i) trick, device, sleight of hand or representation; or\n(ii) a scheme or practice; or\n(iii) the use of gaming equipment; or\n(iv) the use of—\n(A) an instrument or article of a kind, or appearing to be\nof a kind, used in relation to gaming; or\n(B) anything else.\nMaximum penalty: 500 penalty units, imprisonment for 5 years or\n(2) A person commits an offence if the person uses, or has in the person’s\npossession, in the casino—\n(a) chips that the person knows are bogus or counterfeit chips; or\n(b) cards, dice, tokens, coins or other gaming equipment that the\nperson knows have been marked or tampered with.\nMaximum penalty: 200 penalty units, imprisonment for 2 years or\n\n(3) Subsection (2) does not apply to the possession by a casino official,\nauthorised officer or police officer of a thing seized for destruction or\nfor use as evidence in relation to—\n(a) a proceeding for an offence; or\n(b) the taking of disciplinary action under this Act against the casino\nlicensee or a casino employee.\n(4) A person commits an offence if—\n(a) the person has in the person’s possession in the casino any\nequipment, device or other thing that facilitates or allows\ncheating or stealing; and\n(b) the person possesses the thing with the intention of using it for\ncheating or stealing.\nMaximum penalty: 200 penalty units, imprisonment for 2 years or\n(5) In this section:\ndevice includes an electrical, electronic or mechanical device and a\ncomputer.\n","sortOrder":112},{"sectionNumber":"109","sectionType":"section","heading":"Forgery","content":"109 Forgery\nA person commits an offence if the person—\n(a) forges a chip, chip purchase voucher, licence under this Act, or\nform of identification used for this Act; or\n(b) utters counterfeit chips or a forged or counterfeit chip purchase\nvoucher, licence under this Act, or form of identification used\nfor this Act.\nMaximum penalty: 500 penalty units, imprisonment for 5 years or\n\n","sortOrder":113},{"sectionNumber":"110","sectionType":"section","heading":"Cash facilities","content":"110 Cash facilities\n(1) The casino licensee commits an offence if the licensee provides, or\nallows the provision of, a cash facility in the casino.\nthe separation of cash facilities from the casino (see s 63 (1) (e)).\ncash facility—\n(a) means—\n(i) an automatic teller machine; or\n(ii) an EFTPOS facility (other than an EFTPOS debit facility\nthat is used only for payment for food or beverages); or\n(iii) any other facility for gaining access to cash or credit; but\n(b) does not include a facility where cash is exchanged for other\ndenominations of cash, chips, tokens, tickets or cards for the\npurpose of playing games in the casino.\n","sortOrder":114},{"sectionNumber":"111","sectionType":"section","heading":"Lending or extending credit","content":"111 Lending or extending credit\n(1) A casino official commits an offence if the official—\n(a) lends, or offers to lend, money to a person who is in, or appears\nto be about to enter, the casino or a part of it; or\n(b) extends, or offers to extend, credit to a person who is in, or\nappears to be about to enter, the casino or a part of it.\n\nextend credit includes accept postdated cheques, blank cheques and\ncredit and debit cards.\n","sortOrder":115},{"sectionNumber":"112","sectionType":"section","heading":"Acceptance of cheques","content":"112 Acceptance of cheques\n(1) The casino licensee commits an offence if—\n(a) the licensee accepts a cheque from a person; and\n(b) the cheque—\n(i) is not a cheque prescribed by regulation; or\n(ii) is not accepted in a way prescribed by regulation.\n(a) the licensee accepts or cashes a cheque at the request of a person;\nand\n(b) the licensee has previously accepted or cashed a cheque at the\nrequest of the person that was not honoured on presentation; and\n(c) the debt incurred by the dishonoured cheque has not been\ndischarged.\n(3) The casino licensee commits an offence if—\n(a) the licensee accepts a cheque that has not been redeemed under\nsection 114; and\n(b) the licensee does not present the cheque for payment within the\ntime determined by the commission under section 115.\n\n(4) This section does not require the casino licensee to accept or cash a\ncheque.\n","sortOrder":116},{"sectionNumber":"113","sectionType":"section","heading":"Deposit accounts","content":"113 Deposit accounts\n(1) The casino licensee may establish a deposit account for a person\n(the account holder).\n(2) The casino licensee may give the account holder any of the following\nto the value of the credit of the account holder’s deposit account:\n(a) chips;\n(b) chip purchase vouchers;\n(c) money;\n(d) a cheque.\n(3) The casino licensee must credit the following amounts to the account\nholder’s deposit account:\n(a) the amount of any money or cheque the account holder has given\nthe licensee for deposit to the account;\n(b) the amount of any money transferred by the account holder to\nthe account directly from an account operated by the account\nholder with a financial institution.\n(4) The casino licensee must debit the account holder’s deposit account\nwith the following amounts:\n(a) if chips, chip purchase vouchers, money or a cheque has been\nissued to the account holder under subsection (2), an amount\nequal to—\n(i) the face value of the chips or vouchers; or\n(ii) the amount of the money; or\n(iii) the amount of the cheque;\n\n(b) the amount of any money transferred by the account holder from\nthat account directly to an account operated by the account\nholder with a financial institution.\n(5) The casino licensee must not credit an amount to the account holder’s\ndeposit account, or debit the deposit account with an amount, except\nin accordance with this section.\n","sortOrder":117},{"sectionNumber":"114","sectionType":"section","heading":"Redemption of cheques","content":"114 Redemption of cheques\n(1) A person may redeem a cheque previously accepted by the casino\nlicensee if—\n(a) the licensee agrees; and\n(b) the cheque is redeemed—\n(i) before the cheque is presented for payment; or\n(ii) before the end of the time determined under section 115 for\npresentation of the cheque for payment.\n(2) The person may redeem the cheque by giving, to the cash desk at the\ncasino, the amount of the cheque to be redeemed in the form of—\n(a) cash; or\n(b) chips; or\n(c) if more than 1 cheque is being redeemed—a cheque for the total\nvalue of the cheques to be redeemed.\n","sortOrder":118},{"sectionNumber":"115","sectionType":"section","heading":"Time for presentation of unredeemed cheque","content":"115 Time for presentation of unredeemed cheque\n(1) This section applies if the casino licensee accepts a cheque that has\nnot been redeemed under section 114.\n(2) The commission may determine the time within which the casino\nlicensee must present the cheque for payment.\n(3) A determination is a notifiable instrument.\n\n","sortOrder":119},{"sectionNumber":"116","sectionType":"section","heading":"Proceedings etc in relation to gaming","content":"116 Proceedings etc in relation to gaming\n(1) Despite any other territory law, the casino licensee may take action\nagainst a person to recover the amount of a cheque drawn in relation\nto a gaming debt incurred in the casino and later dishonoured.\n(a) a person incurs a gaming debt in the casino because of the\ndishonour of a cheque drawn by the person and accepted by the\nlicensee; and\n(b) the licensee has a right in relation to the gaming debt; and\n(c) the licensee assigns the right, or part of the right, to someone\nelse.\n(3) Despite any other territory law, a person may take action against the\ncasino licensee to recover—\n(a) an amount won at gaming in the casino; or\n(b) the amount of a cheque given by the casino licensee in payment\nof an amount mentioned in paragraph (a) that was later\ndishonoured.\n\n","sortOrder":120},{"sectionNumber":"117","sectionType":"section","heading":"Definitions—pt 7","content":"117 Definitions—pt 7\nIn this part:\nconduct means an act or omission to do an act.\nconnected—a thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is or was intended to be used, to\ncommit the offence.\noffence means any conduct engaged in that is, or that it is believed on\nreasonable grounds to be—\n(a) an offence against this Act; or\ngiven, under or in relation to this Act; or\n","sortOrder":121},{"sectionNumber":"118","sectionType":"section","heading":"Power of police to enter casino","content":"118 Power of police to enter casino\n(1) A police officer may, at any time, enter and be in any part of the\ncasino if the police officer—\n(a) is at or above the rank of sergeant; or\n(b) is authorised to do so by another police officer at or above the\nrank of sergeant; or\n(c) is asked to do so by an authorised person.\n\nPowers of entry, search and seizure Division 7.1\n(2) This section does not affect the power of a police officer under any\nother territory law to enter and be in the casino.\nNote The Control Act, s 23 provides that an authorised officer may enter and\ninspect the casino at any reasonable time to do the things mentioned in\nthat section.\n","sortOrder":122},{"sectionNumber":"119","sectionType":"section","heading":"Powers of police to search and seize","content":"119 Powers of police to search and seize\n(1) If a police officer suspects, on reasonable grounds, that a particular\nthing is connected with a particular offence, the police officer may:\n(a) search a person, or enter premises and search, for the thing; and\n(b) if the thing is found during the search—seize it.\n(2) If, during a search under subsection (1), a police officer finds a thing\nthat the police officer believes, on reasonable grounds, is connected\nwith another offence or will provide evidence in relation to the\ncommission of an offence, the police officer may seize the thing.\n(3) A police officer must not exercise a power under this section unless\nthe police officer believes, on reasonable grounds, that—\n(a) it is necessary to exercise the power to prevent the thing seized\nfrom being concealed, lost or destroyed, or used in relation to\nthe offence or another offence; and\n(b) the circumstances are so serious and urgent that they require the\npolice officer to seize the thing immediately without a court\norder or warrant issued under this Act or another territory law.\n","sortOrder":123},{"sectionNumber":"120","sectionType":"section","heading":"Search of people","content":"120 Search of people\n(1) If a police officer may search a person under section 119, the police\nofficer may also search—\n(a) the clothing worn by the person; and\n(b) any property under, or apparently under, the person’s immediate\ncontrol.\n\n(2) In searching a person under section 119, a police officer must not use\nmore force than is necessary and reasonable.\n(3) A person searched under section 119 must be searched by a police\nofficer of the same sex.\n(4) However, if a transgender or intersex person is searched, the person\nmay require that the search be conducted by either a male or a female.\nNote 1 For the meaning of transgender person, see the Legislation Act, s 169A.\nNote 2 For the meaning of intersex person, see the Legislation Act, s 169B.\n(5) If the transgender or intersex person requires the search to be\nconducted by a male, the person is taken, for this section, to be male.\n(6) If the transgender or intersex person requires the search to be\nconducted by a female, the person is taken, for this section, to be\nfemale.\n(7) Section 119 does not authorise a police officer to carry out a search\nby way of an examination of a body cavity of a person.\n","sortOrder":124},{"sectionNumber":"121","sectionType":"section","heading":"Detention of suspected person","content":"121 Detention of suspected person\n(1) This section applies if a casino official suspects, on reasonable\ngrounds, that a person (the suspected person) in the casino is\ncommitting, or has committed, an offence.\n(2) The official must detain the suspected person in a suitable place in the\ncasino until a police officer arrives.\n(3) The official commits an offence if—\n(a) the official detains the suspected person; and\n(b) does any of the following in relation to the suspected person:\n(i) uses more force than is necessary and reasonable;\n\n(ii) fails to tell the suspected person of the reasons for the\ndetention;\n(iii) fails to immediately tell a police officer of the detention\nand the reasons for the detention.\n","sortOrder":125},{"sectionNumber":"122","sectionType":"section","heading":"Impersonating licence holder","content":"122 Impersonating licence holder\nA person commits an offence if the person impersonates the holder of\na casino employee licence.\n","sortOrder":126},{"sectionNumber":"123","sectionType":"section","heading":"Conflicts of interest","content":"123 Conflicts of interest\n(1) In this section:\ninvolved person means—\n(a) the casino licensee; or\n(b) an owner of the casino; or\n(c) the casino lessee; or\n(d) a casino employee.\nofficial means an authorised person other than a casino employee.\n(2) An official commits an offence if the official is employed in any\ncapacity by an involved person.\n\n(3) A person who ceases to be an official commits an offence if, within\n1 year after the day the person ceases to be an official, the person\nseeks or accepts employment with an involved person.\n(4) An involved person commits an offence if the involved person—\n(a) employs an official in any capacity; or\n(b) employs a person in any capacity within 1 year after the day the\nperson ceases to be an official.\n(5) An official commits an offence if—\n(a) the official has (directly or indirectly) a business or financial\ninterest or association with an involved person; and\nofficial’s functions in relation to the casino; and\n(c) the official fails to disclose the interest to the commission as\nsoon as possible after becoming aware of it.\n(6) An involved person commits an offence if—\n(a) the involved person has (directly or indirectly) a business or\nfinancial interest or association with an official; and\nofficial’s functions in relation to the casino; and\n\n(c) the involved person fails to disclose the interest to the\ncommission as soon as possible after becoming aware of it.\n(7) An official commits an offence if—\n(a) the official has (directly or indirectly) a business or financial\ninterest or association with a person who is an applicant for a\ncasino employee licence; and\nperson’s functions as a casino employee; and\n(c) the official knows the person is an applicant for a casino\nemployee licence; and\n(d) the official does not tell the commission, in writing, about the\ninterest or association as soon as possible after becoming aware\nthat the person is an applicant for a casino employee licence.\n","sortOrder":127},{"sectionNumber":"124","sectionType":"section","heading":"Acts and omissions of representatives of individuals","content":"124 Acts and omissions of representatives of individuals\n(1) In this section:\nfault element includes intention, knowledge, recklessness, opinion,\nbelief or purpose but does not include negligence.\noffence against this Act includes—\n(a) an offence against the Criminal Code in relation to a document\ngiven, under or in relation to this Act; and\n(b) an offence against the Criminal Code in relation to anything else\n\nperson means an individual.\nNote See the Criminal Code, pt 2.5 for provisions about corporate criminal\nresponsibility.\nrepresentative, of a person, means an employee or agent of the\nperson.\n(2) This section applies to a prosecution for any offence against this Act.\n(3) Conduct engaged in by a representative of the person within the scope\nof the representative’s actual or apparent authority is also taken to\nhave been engaged in by the person.\n(4) However, subsection (3) does not apply if the person establishes that\nthe person took all reasonable steps to prevent the conduct.\n(5) In deciding whether the person took all reasonable steps to prevent\nthe conduct, a court must consider—\n(a) any action the person took to ensure that the representative had\na reasonable knowledge and understanding of the requirement\nto comply with the contravened provision; and\n(b) the level of management, control or supervision that was\nappropriate for the person to exercise over the representative.\n(6) Subsection (5) does not limit the matters that the court may consider.\n(7) If it is relevant to prove that a person had a fault element or was\nnegligent in relation to a physical element of an offence, it is enough\nto show that—\n(a) the conduct relevant to the physical element was engaged in by\na representative of the person within the scope of the\nrepresentative’s actual or apparent authority; and\n(b) the representative had the fault element or was negligent in\nrelation to the physical element.\n\n(8) A person may rely on the Criminal Code, section 36 (Mistake of\nfact—strict liability) in relation to conduct by a representative that\nwould make up an offence by the person only if—\n(a) the representative was under a mistaken but reasonable belief\nabout the facts that, had they existed, would have meant that the\nconduct would not have been an offence; and\n(b) the person proves that the person exercised appropriate diligence\nto prevent the conduct.\n(9) A person may not rely on the Criminal Code, section 39 (Intervening\nconduct or event) in relation to a physical element of an offence\nbrought about by someone else if the other person is a representative\nof the person.\n(10) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (3) or (7).\n\n","sortOrder":128},{"sectionNumber":"125","sectionType":"section","heading":"General tax","content":"125 General tax\n(1) General tax is payable on the noncommission-based profit derived in\neach month from the operation of the casino.\n(2) The noncommission-based profit derived in a month from the\noperation of the casino is—\n(a) if the value of unredeemed chips at the end of the month is\ngreater than the value of unredeemed chips at the beginning of\nthe month:\n(b) if the value of unredeemed chips at the end of the month is less\nthan the value of unredeemed chips at the beginning of the\nmonth:\n(3) The rate at which general tax is payable is 10.9% of the\nnoncommission-based profit derived in the month from the operation\nof the casino.\nchips means chips supplied by the casino licensee for\nnoncommission-based gaming.\nnoncommission-based gaming means gaming other than\ncommission-based gaming.\nT, for a month, means the total amount of revenue the casino licensee\nreceives from noncommission-based gaming in the casino in the\nmonth.( ) ( )\nUC1UC2WT −+−( ) ( )\nUC2UC1WT −−−\n\nTax Division 8.1\nUC1, for a month, means the value of unredeemed chips at the\nbeginning of the month.\nUC2, for a month, means the value of the unredeemed chips at the\nend of the month.\nW, for a month, means the total amount paid as winnings in relation\nto non-commission based gaming in the month.\n","sortOrder":129},{"sectionNumber":"126","sectionType":"section","heading":"Exemption from general tax","content":"126 Exemption from general tax\n(1) The Minister may exempt the casino licensee from payment of\ngeneral tax in relation to a gaming activity in the casino if the activity\nis subject to a tax under another territory law.\n(2) An exemption is a disallowable instrument.\n","sortOrder":130},{"sectionNumber":"127","sectionType":"section","heading":"Commission-based player tax","content":"127 Commission-based player tax\n(1) Commission-based player tax is payable on the completed\ncommission-based profit derived in each month from the operation of\nthe casino.\n(2) The completed commission-based profit derived in a month from the\noperation of the casino is the total profit derived in the month from\ncompleted commission-based player schemes (whether or not the\nprofit relates to gaming happening in that month or a previous month)\nis—\n(a) if the total value at the end of the month of all unredeemed\ncommission-based player chips held by participants after the\ncompletion of the schemes is greater than the total value at the\nbeginning of the month of unredeemed commission-based\nplayer chips (originally purchased for previous schemes) used\nin the course of commission-based gaming in relation to the\nschemes:( ) ( )\nUCC1UCC2WCGA −+−\n\n(b) if the total value at the end of the month of all unredeemed\ncommission-based player chips held by participants after the\ncompletion of the schemes is less than the total value at the\nbeginning of the month of unredeemed commission-based\nplayer chips (originally purchased for previous schemes) used\nin the course of commission-based gaming in relation to the\nschemes:\n(3) The rate at which commission-based player tax is payable is 0.9% of\nthe completed commission-based profit derived in the month from the\noperation of the casino.\nCGA, for a month, means the total amount the casino licensee\nreceives in the month from commission-based gaming in the casino\nunder completed commission-based player schemes.\ncommission-based player chips means chips supplied by the casino\nlicensee for commission-based gaming.\ncompleted commission-based player scheme, in relation to a month,\nmeans a commission-based player scheme under which commission-\nbased gaming is completed during the month, whether or not the\ncommission-based gaming started in that month or the previous\nmonth.\nUCC1, for a month, means the total value at the beginning of the\nmonth of unredeemed commission-based player chips (originally\npurchased for previous schemes) used in the course of\ncommission-based gaming in relation to commission-based player\nschemes.\nUCC2, for a month, means the total value at the end of the month of\nall unredeemed commission-based player chips held by participants\nin completed commission-based player schemes.( ) ( )\nUCC2UCC1WCGA −−−\n\nTax Division 8.1\nW, for a month, means the total amount paid as winnings in relation\nto completed commission-based player schemes in the month.\n","sortOrder":131},{"sectionNumber":"128","sectionType":"section","heading":"Payment of tax","content":"128 Payment of tax\n(1) General tax and commission-based player tax must be paid by the\n(2) General tax and commission-based player tax in relation to the\noperation of the casino during a month are payable on the 10th day\nafter the end of the month.\n","sortOrder":132},{"sectionNumber":"129","sectionType":"section","heading":"Monthly tax returns","content":"129 Monthly tax returns\n(1) Within 10 days after the end of each month, the casino licensee must\ngive the commission a written return relating to—\n(a) the noncommission-based profit derived in the month from the\noperation of the casino; and\n(b) the completed commission-based profit derived in the month\nfrom the operation of the casino.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\ncompleted commission-based profit—see section127 (2).\nnoncommission-based profit—see section 125 (2).\n","sortOrder":133},{"sectionNumber":"130","sectionType":"section","heading":"Payment of tax during suspension","content":"130 Payment of tax during suspension\nIf the casino licence is suspended under section 38, the casino licensee\nmust pay the commission the amount of general tax and commission-\nbased player tax that would have been payable in relation to the period\nof the suspension as if the licence had not been suspended.\n\n","sortOrder":134},{"sectionNumber":"131","sectionType":"section","heading":"Approval of banking accounts","content":"131 Approval of banking accounts\n(1) The casino licensee may apply, in writing, to the commission for\napproval to use a banking account.\nor refuse to approve, the use of a banking account by the casino\nlicensee.\n(3) An approval must be in writing.\n(4) The commission may approve more than 1 banking account for use\nby the casino licensee.\n(5) The commission must not approve a banking account unless—\n(a) the account is kept with an authorised deposit-taking institution;\nand\n(b) if the account is kept outside the ACT—the commission is\nsatisfied that there is good reason for the casino licensee to keep\nthe account outside the ACT; and\n(c) the casino licensee has authorised the institution to give details\nof the account to the commission on request.\n(6) The commission may place restrictions on the use of a banking\naccount kept outside the ACT.\n","sortOrder":135},{"sectionNumber":"132","sectionType":"section","heading":"Use of approved banking account","content":"132 Use of approved banking account\n(1) The casino licensee must use an approved banking account for each\nbanking transaction that relates to the operation of the casino or the\ncontrol agreement.\n\nAccounts and records Division 8.2\n","sortOrder":136},{"sectionNumber":"133","sectionType":"section","heading":"Access to bank records","content":"133 Access to bank records\n(1) The commission may, by written notice, ask an authorised\ndeposit-taking institution (an ADI) to give the authorised officer\nnamed in the notice, during the hours and on the day stated in the\nnotice—\n(a) access to a statement of an approved banking account; and\n(b) any other particulars relating to the account stated in the notice.\n(2) The hours stated in a notice under subsection (1) must be during the\nnormal business hours of the ADI.\n(3) The commission may, by written notice, ask an ADI to give the\nauthorised officer named in the notice a copy of a statement of an\napproved banking account not later than 30 days after the day it\nreceives the notice.\n(4) An ADI commits an offence if—\n(a) the ADI is given a notice under this section; and\n(b) the ADI fails to comply with the notice.\n(5) Subsection (4) does not apply if the ADI took all reasonable steps to\ncomply with the notice.\n","sortOrder":137},{"sectionNumber":"134","sectionType":"section","heading":"Accounts","content":"134 Accounts\n(1) The casino licensee must keep accounts of all transactions relating to\nthe operation of the casino.\n(2) The accounts must be kept in accordance with generally accepted\naccounting practice.\n(3) The casino licensee must ensure that—\n(a) all payments by the casino licensee are correctly made and\nauthorised; and\n\n(b) adequate control is maintained over incurring liabilities; and\n(c) adequate control is maintained over assets in the possession or\ncustody of the licensee.\n","sortOrder":138},{"sectionNumber":"135","sectionType":"section","heading":"Keeping of records","content":"135 Keeping of records\n(1) The casino licensee commits an offence if the licensee does not—\n(a) keep records of all transactions carried out, and all business of\nthe licensee, in relation to the operation of the casino or the\ncontrol agreement; and\n(b) keep the records for at least 7 years after they are made.\n","sortOrder":139},{"sectionNumber":"136","sectionType":"section","heading":"Audit of records","content":"136 Audit of records\n(1) The casino licensee must ensure that the accounts and financial\nstatements of the casino are audited, as soon as practicable after the\nend of each financial year, by an auditor approved in writing by the\ncommission.\n(2) The casino licensee commits an offence if the licensee does not give\nthe auditor’s report and audited accounts to the commission as soon\nas practicable, but no later than 6 months after the end of the financial\nyear to which the report relates.\nfinancial statements, for a financial year, include—\n(a) trading accounts, if applicable, for the financial year; and\n(b) profit and loss accounts for the financial year; and\n\nAccounts and records Division 8.2\n(c) any other statements that are necessary to fairly reflect the\nfinancial operations of the casino licensee in relation to casino\noperations during the year and its financial position at the end of\nthe year.\n\n","sortOrder":140},{"sectionNumber":"136A","sectionType":"section","heading":"Meaning of Ministerial decision—pt 8A","content":"136A Meaning of Ministerial decision—pt 8A\nIn this part:\nMinisterial decision means any of the following:\n(a) a decision to be made under section 13 (Approval of proposed\nowner) to approve, or refuse to approve, the sale or other\ndisposal of an owner’s interest in the lease of the casino, or part\nof the interest, to the proposed owner;\n(b) a decision to be made under section 16 (Approval of proposed\ncasino lease) to approve, or refuse to approve, the owner of the\ncasino entering into a proposed lease of the casino with someone\nelse;\n(c) a decision to be made under section 18 (Approval of amendment\nof casino lease) to approve, or refuse to approve, the amendment\nof the casino lease;\n(d) a decision to be made under section 21 (Grant of casino licence)\nto grant or refuse to grant a casino licence;\n(e) a decision to be made under section 30 (Transfer of casino\nlicence) to transfer or refuse to transfer the casino licence to\nanother corporation;\n(f) a decision to be made under the Casino (Electronic Gaming)\nAct 2017, section 22 (1) (Conversion of restricted\nauthorisations—decision) to approve or refuse to approve the\nconversion of a restricted authorisation to a casino gaming\nmachine authorisation or casino FATG terminal authorisation.\n\n","sortOrder":141},{"sectionNumber":"136B","sectionType":"section","heading":"Establishment and functions of casino advisory panel","content":"136B Establishment and functions of casino advisory panel\n(1) Before making a Ministerial decision, the Minister must establish an\nadvisory panel (a casino advisory panel) to make a recommendation\nabout the decision.\n(2) A casino advisory panel may do any of the following to assist it to\nmake a recommendation:\n(a) engage a person who has qualifications or experience relevant\nto the decision;\n(b) ask any of the following for information:\n(i) the commission;\n(ii) the territory planning authority;\n(iii) the chief police officer;\n(iv) a Commonwealth, State or Territory authority;\n(v) anyone else prescribed by regulation.\nNote A member of a casino advisory panel who acquires confidential\ndocuments or information under this Act is a gaming officer for the\npurposes of the Control Act, div 4.4 (Secrecy) (see Control Act, s 34).\ninformation means information, whether true or not, in any form and\nincludes an opinion or advice.\n","sortOrder":142},{"sectionNumber":"136C","sectionType":"section","heading":"Sharing of information","content":"136C Sharing of information\n(1) This section applies if any of the following (an information holder)\nreceives a request from a casino advisory panel for information to\nassist the panel to make a recommendation:\n(a) the commission;\n(b) the territory planning authority;\n\n(c) a territory authority;\n(d) anyone else prescribed by regulation.\n(2) The information holder must, as far as practicable, comply with the\nrequest.\n(3) An information holder that gives a casino advisory panel information\nunder this section does not contravene any duty of confidentiality the\ninformation holder has under a territory law or agreement, despite\nanything to the contrary in the law or agreement.\n","sortOrder":143},{"sectionNumber":"136D","sectionType":"section","heading":"Minister to appoint advisory panel members","content":"136D Minister to appoint advisory panel members\n(1) The Minister must appoint the members of a casino advisory panel.\nNote For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\n(2) Each panel member is appointed on a part-time basis.\n(3) A panel member’s conditions of appointment are the conditions stated\nin the appointment, subject to any determination under the\nRemuneration Tribunal Act 1995.\n","sortOrder":144},{"sectionNumber":"136E","sectionType":"section","heading":"Membership of casino advisory panel","content":"136E Membership of casino advisory panel\n(1) A casino advisory panel must have at least 3 members.\n(2) The Minister must ensure that a member of a casino advisory panel\nhas knowledge of and experience in at least 1 of the following\ndisciplines and areas of expertise:\n(a) law and governance;\n(b) integrity and probity assessments in relation to significant\nchanges in highly regulated industries;\n(c) finance, actuarial science or auditing;\n(d) risk advisory services;\n(e) urban design and planning;\n\n(f) civil engineering and civil works;\n(g) property development;\n(h) building work assessments;\n(i) construction;\n(j) building surveying;\n(k) strategies or services that reduce gambling harm;\n(l) anything else prescribed by regulation.\n(3) The Minister must not appoint a person to be a member of a casino\nadvisory panel if the Minister is satisfied on reasonable grounds—\n(a) the person or the person’s domestic partner has an interest in a\nbusiness subject to a gaming law; or\n(b) the person is unlikely to be able to properly exercise the\nfunctions of a member because of the person’s business\nassociation, financial association or close personal association\nwith someone else; or\n(c) the person has been convicted or found guilty of an offence\nagainst a gaming law or a corresponding law; or\n(d) within 5 years before the proposed appointment, the person has\nbeen convicted, or found guilty, of an offence in Australia\npunishable by imprisonment for at least 1 year; or\n(e) within 5 years before the proposed appointment, the person has\nbeen convicted, or found guilty, of an offence outside Australia\nthat, if it had been committed in the ACT, would have been\npunishable by imprisonment for at least 1 year.\ncorresponding law means a law of another jurisdiction, whether in or\noutside Australia, that regulates gaming or racing.\n\n","sortOrder":145},{"sectionNumber":"136F","sectionType":"section","heading":"Casino advisory panel—appointment of chair","content":"136F Casino advisory panel—appointment of chair\nThe Minister must appoint a member of a casino advisory panel as\nchair of the advisory panel.\n","sortOrder":146},{"sectionNumber":"136G","sectionType":"section","heading":"Disclosure of interests—advisory panel members","content":"136G Disclosure of interests—advisory panel members\n(1) This section applies if—\n(a) a member of a casino advisory panel, or a person assisting a\ncasino advisory panel, has a direct or indirect financial interest\nor personal interest in a matter in relation to a Ministerial\ndecision about which the advisory panel is to make a\nrecommendation; and\nadvisory panel’s functions in relation to making the\nrecommendation.\n(2) As soon as practicable after the member, person assisting the advisory\npanel, or the advisory panel becomes aware of the relevant facts, the\nmember, person or advisory panel must disclose the nature of the\ninterest to the Minister.\n(3) The member or person must not participate, or further participate, in\nmaking the recommendation, unless the Minister directs otherwise.\n","sortOrder":147},{"sectionNumber":"136H","sectionType":"section","heading":"Casino advisory panel’s report on recommendation","content":"136H Casino advisory panel’s report on recommendation\n(1) A casino advisory panel must prepare a report of its recommendation\nin relation to a Ministerial decision for the Minister.\n(2) Before giving the Minister the report, the advisory panel must give\nthe applicant for the decision—\n(a) a copy of the report; and\n\n(b) written notice stating that the applicant may give the panel\nwritten comments about the draft report, or request that an\ninaccuracy be corrected, before the end of the time stated in the\n(3) If the advisory panel receives comments or a request to correct an\ninaccuracy within the time stated in the notice, the advisory panel\nmust consider the comments, and correct the inaccuracy, in preparing\nthe final report for the Minister.\n","sortOrder":148},{"sectionNumber":"136I","sectionType":"section","heading":"Report on casino advisory panel’s recommendation to be","content":"136I Report on casino advisory panel’s recommendation to be\ntabled\n(1) The Minister must present a casino advisory panel’s report to the\nLegislative Assembly within 6 sitting days after the day the Minister\ntells the applicant for a Ministerial decision about the decision.\n(2) If the report includes information that is contrary to the public interest\ninformation, the Minister must divide the report into 2 documents, as\nfollows:\n(a) a document (the protected section) containing the contrary to the\npublic interest information, or part of that information;\n(b) a document (the disclosable section) containing the rest of the\nreport.\n(3) If the Minister divides a report, the Minister must include in the\ndisclosable section—\n(a) a statement to the effect that there is a protected section of the\nreport including contrary to the public interest information; and\n(b) a general description of the contents of the protected section.\ncontrary to the public interest information—see the Freedom of\nInformation Act 2016, section 16.\n\n","sortOrder":149},{"sectionNumber":"136J","sectionType":"section","heading":"Casino advisory panel—protection from liability","content":"136J Casino advisory panel—protection from liability\n(1) A protected person is not civilly liable for conduct engaged in\nhonestly and without recklessness—\n(a) in the exercise of a function under this part; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this part.\n(2) Any civil liability that would, apart from this section, attach to the\nprotected person attaches instead to the Territory.\nconduct means an act or omission to do an act.\nprotected person means—\n(a) a member of a casino advisory panel; or\n(b) a person assisting a casino advisory panel.\n\nNotification and review of decisions Part 9\n","sortOrder":150},{"sectionNumber":"Part 9","sectionType":"part","heading":"Notification and review of","content":"Part 9 Notification and review of\ndecisions\n","sortOrder":151},{"sectionNumber":"137","sectionType":"section","heading":"Meaning of reviewable decision—Act","content":"137 Meaning of reviewable decision—Act\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n","sortOrder":152},{"sectionNumber":"138","sectionType":"section","heading":"Reviewable decision notices","content":"138 Reviewable decision notices\nIf a person makes a reviewable decision, the person must give a\nreviewable decision notice to each entity mentioned in schedule 1,\ncolumn 4 in relation to the decision.\nNote The person must also take reasonable steps to give a reviewable decision\nnotice to any other person whose interests are affected by the decision\n(see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":153},{"sectionNumber":"139","sectionType":"section","heading":"Applications for review","content":"139 Applications for review\nThe following people may apply to the ACAT for review of a\nreviewable decision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\n","sortOrder":154},{"sectionNumber":"140","sectionType":"section","heading":"Security-related decisions—certificate","content":"140 Security-related decisions—certificate\n(1) If the commission makes a reviewable decision in relation to the\nsecurity of the casino or an authorised game, the commission must—\n(a) give a certificate to each person affected by the decision, stating\nthat the decision is based on a matter relating to the security of\nthe casino or an authorised game; and\n(b) give a copy to the Minister.\n(2) Subsection (3) applies if—\n(a) the Minister makes a decision—\n(i) under section 16 refusing to approve the owner of the\ncasino entering into a proposed lease of the casino to a\nproposed lessee; or\n(ii) under section 18 refusing to approve an amendment of a\ncasino lease; or\n(iii) under section 22 to put a condition on the casino licence\n(other than when granting the licence); or\n(iv) under section 38 suspending or cancelling the casino\nlicence; and\n(b) the decision is based on a matter relating to the security of the\ncasino or an authorised game.\n(3) The Minister must—\n(a) give a certificate to each person affected by the decision, stating\nthat the decision is based on a matter relating to the security of\n(b) give a copy to the commission.\n\nMiscellaneous Part 10\n","sortOrder":155},{"sectionNumber":"141","sectionType":"section","heading":"Recommendations of commission and casino advisory","content":"141 Recommendations of commission and casino advisory\npanel\nIf the Executive or the Minister is required to consider any\nrecommendations made by the commission or a casino advisory panel\nabout a matter, the Executive or Minister may—\n(a) accept the recommendation; or\n(b) reject the recommendation; or\n(c) refer the matter back to the commission or casino advisory panel\nfor further investigation or consideration.\n","sortOrder":156},{"sectionNumber":"142","sectionType":"section","heading":"Evidentiary certificates and other matters","content":"142 Evidentiary certificates and other matters\n(1) In a prosecution for an offence against this Act, a certificate signed\nby the Minister or the commission that includes any of the following\nstatements is evidence of the matter stated:\n(a) a statement that, at a stated time or during a stated period, a\nstated person was, or was not, the holder of a stated licence;\n(b) a statement that a stated direction, notice, order, requirement,\ndecision or licence was given, made, granted or issued under this\nAct.\n(2) In a prosecution for an offence against this Act, evidence that a person\naccepted service of a document is evidence of the authority of the\nperson to accept service of the document.\noffence against this Act includes—\n(a) an offence against the Criminal Code in relation to a document\ngiven, under or in relation to this Act; and\n(b) an offence against the Criminal Code in relation to anything else\n\n","sortOrder":157},{"sectionNumber":"143","sectionType":"section","heading":"Determination of fees","content":"143 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":158},{"sectionNumber":"144","sectionType":"section","heading":"Regulation-making power","content":"144 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision in relation to the following:\n(a) the control of the casino or its operations;\n(b) the accounts, records or other documents to be kept by the casino\nlicensee;\n(c) the regulation of commission-based player schemes;\n(d) casino advisory panels, including in relation to their procedures\nand reports.\n(3) A regulation may create offences and fix maximum penalties of not\nmore than 10 penalty units for the offences.\n(4) In making a regulation in relation to a matter mentioned in\nsubsection (2) (a), the Executive must consider any recommendations\nmade by the commission.\n\nReviewable decisions Schedule 1\n","sortOrder":159},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\n(see pt 9)\nitem\n1 13 (1) refuse to approve sale or other\ndisposal of owner’s interest in\nlease of casino, or part of interest\n2 16 (1) refuse to approve owner of casino\nentering into proposed lease with\nproposed lessee\n3 18 (1) refuse to approve amendment of\ncasino lease\n4 21 (2) refuse to grant casino licence to\nperson on ground that person not\neligible person\napplicant for licence\n5 22 put condition on casino licence\n(other than when granting licence)\n6 30 (1) refuse to transfer casino licence applicant for transfer\n7 37 (3) take disciplinary action against\ncasino licensee\n8 38 (1) suspend or cancel casino licence person whose licence is\nsuspended or cancelled\n9 44 (1) refuse to approve application for\ncasino employee licence\napplicant for licence\n10 44 (7) put condition on casino employee\n11 46 (3) refuse to replace casino employee\napplicant for replacement\n12 47 (3) refuse to renew casino employee\napplicant for renewal\n\nSchedule 1 Reviewable decisions\nitem\n13 51 (1) amend condition of casino\nemployee licence on own\ninitiative\n14 51 (2) refuse to amend condition of\ncasino employee licence\n15 52 (3) refuse to amend casino employee\n16 59 (3) take disciplinary action against\ncasino employee\nemployee\n17 63 (1) give direction to casino licensee licensee\n18 67 (1) (a) reject plans showing changed or\nnew layout\n19 72 terminate supply contract each party to contract\n20 76 (4) (a) reject proposed change to control\nprocedures\n21 76 (4) (b),\n(c) or (d) or\n(7)\ngive casino licensee direction in\nrelation to control procedures\n22 83 (2) confirm, change or revoke\nexclusion notice\nperson given exclusion\nnotice or licensee\n23 84 (1) exclude person from entering or\nremaining in casino\nperson given exclusion\nnotice or licensee\n24 87 (2) refuse to revoke exclusion notice person given exclusion\nnotice\n25 91 (1) refuse to approve gaming\nequipment or chips\n26 93 suspend or cancel approval of\ngaming equipment or chips\n27 94 (1) refuse to authorise person to\npossess or use gaming equipment\noutside casino\napplicant for\nauthorisation\n\nReviewable decisions Schedule 1\nitem\n28 94 (6) refuse to authorise casino official\nto possess chips outside casino\ncasino official or\napplicant for\nauthorisation\n29 95 (2) refuse to declare game to be\nauthorised game\n30 95 (4) include condition in relation to\nplaying of authorised game\n31 96 refuse to approve rules for\nauthorised game\n32 97 refuse to approve amendment of\napproved rules for authorised\ngame\n33 131 (2) refuse to approve use of banking\naccount\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• ACT\n• adult\n• amend\n• appoint\n• authorised deposit-taking institution\n• bankrupt or personally insolvent\n• chief police officer\n• child\n• Commonwealth\n• disallowable instrument (see s 9)\n• document\n• domestic partner (see s 169 (1))\n• Executive\n• fail\n• found guilty\n• gambling and racing commission\n• individual\n• may (see s 146)\n• must (see s 146)\n• penalty unit (see s 133)\n• police officer\n• prescribed\n• public holiday\n• regulation\n• reviewable decision notice\n• State\n\n• territory authority\n• territory law\n• territory plan\n• territory planning authority\n• the Territory\n• under.\napproved banking account means a banking account approved by the\ncommission under section 131 (2).\napproved rules, for an authorised game—see section 90.\nauthorised game—see section 90.\nauthorised officer means a person who is an authorised officer under\nthe Control Act, section 20.\nauthorised person means any of the following:\n(a) an authorised officer;\n(b) a casino employee;\n(c) anyone else who exercises a function for the Territory or\ncommission in relation to this Act.\ncasino means the area designated under section 62 (1).\ncasino advisory panel—see section 136B.\ncasino employee means the holder of a casino employee licence.\ncasino employee licence means a licence given or renewed under\npart 4 authorising the licence-holder to perform a prescribed function\nstated in the licence in relation to the casino.\ncasino FATG authorisation certificate—see the Casino (Electronic\nGaming) Act 2017, dictionary.\ncasino FATG terminal—see the Casino (Electronic Gaming)\n\ncasino gaming machine—see the Casino (Electronic Gaming)\ncasino gaming machine authorisation certificate—see the Casino\n(Electronic Gaming) Act 2017, dictionary.\ncasino lease means a lease of the casino entered into by the owner in\naccordance with an approval under section 16 (1), as amended from\ntime to time in accordance with approvals under section 18 (1).\ncasino lessee means the lessee under a casino lease.\ncasino licence means a casino licence granted under section 21.\n(a) means the corporation that holds the casino licence; and\n(b) for division 3.4 (Disciplinary action against casino licensee)—\nsee section 32.\ncasino licence fee means a fee determined for the casino licence\nunder section 26 (1).\ncasino licence fee determination means a determination of a casino\nlicence fee under section 26 (1).\ncasino official means—\n(a) the casino licensee; or\n(b) a casino employee.\nchip purchase voucher means a document issued to a person by the\ncasino licensee entitling the person to be issued with chips by the\nlicensee with a face value equal to the amount stated in the document.\nchips means tokens approved by the commission for use in the casino\ninstead of money in the conduct of gaming.\ncommission means the gambling and racing commission.\ncommission-based gaming means gaming participated in by a person\nvisiting the casino under a commission-based player scheme.\n\ncommission-based player scheme means an arrangement between a\npromoter and the casino licensee, or between 1 or more prospective\nplayers and the licensee—\n(a) the primary purpose of which is to induce 1 or more people, or\n1 or more prospective players, to visit the casino to participate\nin gaming; and\n(b) under which the casino licensee gives (directly or indirectly) an\namount greater than the amount prescribed by regulation to a\nperson or player mentioned in subsection (a)—\n(i) as commission for the visit; or\n(ii) for food, beverages, transport, accommodation or\nentertainment in relation to the visit; or\n(iii) for any other purpose associated with the visit; and\n(c) that is completed before the end of the month following the\nmonth in which it is started.\nconduct, for part 7 (Enforcement)—see section 117.\nconnected with an offence, for part 7 (Enforcement)—see\nsection 117.\nControl Act means the Gambling and Racing Control Act 1999.\ncontrol agreement means a control agreement under section 19.\ncontrol procedures means the control procedures established under\nsection 75 for the operation of the casino, as changed from time to\ntime in accordance with section 76.\ncurrent layout, of the casino, for division 5.2 (Layout of casino)—\nsee section 64.\ndisciplinary action—\n(a) for division 3.4 (Disciplinary action against casino licensee)—\nsee section 34; and\n\n(b) for division 4.4 (Disciplinary action against casino\nemployees)—see section 57.\ndisciplinary notice—\n(a) for division 3.4 (Disciplinary action against casino licensee)—\nsee section 36; and\n(b) for division 4.4 (Disciplinary action against casino\nemployees)—see section 59.\ndisqualifying ground—see section 7 (2).\ndocument of identification, for a person—see section 78.\ndriver licence—see section 78.\neligible person—\n(a) for an individual—see section 7; and\n(b) for a corporation—see section 8.\nemploy includes engage.\nengage in conduct means—\n(a) do an act; or\n(b) omit to do an act.\nexcluded person—see section 78.\nexclusion notice—see section 82 (1).\nexecutive officer, of a corporation, means anyone, by whatever name\ncalled, who is concerned with, or takes part in, the corporation’s\nmanagement, whether or not the person is a director of the\ncorporation.\nfinancial year means—\n(a) the period prescribed by regulation; or\n(b) if no period is prescribed—12 months beginning on 1 July.\n\ngame means a game of chance or a game partly of chance and partly\nof skill.\ngaming means the playing of any game.\ngaming activity means an activity in relation to the playing of any\ngame.\ngaming equipment—see section 90.\ngaming machine—see the Gaming Machine Act 2004, dictionary.\ngeneral tax means tax payable under section 125.\nground for disciplinary action—\n(a) against the casino licensee, for division 3.4 (Disciplinary action\nagainst casino licensee)—see section 33; and\n(b) against the casino employee, for division 4.4 (Disciplinary\naction against casino employees)—see section 56.\ninfluential person, for a corporation—see section 9.\nlocal jurisdiction means a State or New Zealand.\nMinisterial decision, for part 8A (Casino advisory panels)—see\nsection 136A.\noffence, for part 7 (Enforcement)—see section 117.\noperation, in relation to the casino, means any of the following:\n(a) the conduct of gaming in the casino;\n(b) the management, supervision and surveillance of the conduct of\ngaming in the casino;\n(c) money counting in relation to the casino;\n(d) accounting in relation to the casino;\n(e) the provision of facilities or services in the casino, other than\nfacilities or services relating to gaming;\n(f) advertising in relation to the casino;\n\n(g) the use of storage areas in the casino;\n(h) the keeping and storage of records;\n(i) any other activities incidental to, or connected with, gaming or\nany other facilities or services provided in the casino.\nowner, of the casino—see section 10.\npremises includes—\n(a) a structure, building, aircraft, vehicle or vessel; and\n(b) a place (whether or not enclosed or built on).\nprescribed function means a function prescribed by regulation that\nmay be performed by a casino employee in relation to the operation\nof the casino.\nproof of identity card—see section 78.\nrestricted authorisation—see the Casino (Electronic Gaming)\nreviewable decision—see section 137.\nsecurity-related decision means a decision for which a certificate is\ngiven under section 140 (1) or (3).\nshort-term licence means a casino employee licence given or\nrenewed under section 48.\nsupply contract, for division 5.4 (Termination of supply contracts)—\nsee section 70.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":160},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nCasino Control Act 2006 A2006-2\nnotified LR 22 February 2006\ns 1, s 2 commenced 22 February 2006 (LA s 75 (1))\nremainder commenced 1 May 2006 (s 2 and CN2006-6)\nas amended by\nPlanning and Development (Consequential Amendments) Act 2007\nA2007-25 sch 1 pt 1.3\nnotified LR 13 September 2007\ns 1, s 2 commenced 13 September 2007 (LA s 75 (1))\nsch 1 pt 1.3 commenced 31 March 2008 (s 2 and see Planning and\nDevelopment Act 2007 A2007-24, s 2 and CN2008-1)\nGaming Machine Amendment Act 2007 (No 2) A2007-40 sch 1\nnotified LR 4 December 2007\ns 1, s 2 commenced 4 December 2007 (LA s 75 (1))\nsch 1 commenced 5 December 2007 (s 2 (1))\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.16\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.16 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.11\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.11 commenced 22 September 2009 (s 2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 1 pt 1.2,\nsch 3 pt 3.6\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 1 pt 1.2, sch 3 pt 3.6 commenced 17 December 2009 (s 2)\n\nLegislation history 3\nStatute Law Amendment Act 2011 A2011-3 sch 1 pt 1.2\nnotified LR 22 February 2011\ns 1, s 2 commenced 22 February 2011 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 March 2011 (s 2)\nStatute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.4\nnotified LR 31 August 2011\ns 1, s 2 commenced 31 August 2011 (LA s 75 (1))\nsch 3 pt 3.4 commenced 21 September 2011 (s 2 (1))\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.7\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.7 commenced 1 March 2012 (s 2 (1) and see Evidence Act\n","sortOrder":161},{"sectionNumber":"2011","sectionType":"section","heading":"A2011-12, s 2 and CN2012-4)","content":"2011 A2011-12, s 2 and CN2012-4)\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.8\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.8 commenced 12 December 2011 (s 2)\nRed Tape Reduction Legislation Amendment Act 2014 A2014-47 pt 2\nnotified LR 6 November 2014\ns 1, s 2 commenced 6 November 2014 (LA s 75 (1))\npt 2 commenced 7 November 2014 (s 2)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.10\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.10 commenced 14 October 2015 (s 2)\nJustice Legislation Amendment Act 2016 A2016-7 sch 1 pt 1.1\nnotified LR 29 February 2016\ns 1, s 2 commenced 29 February 2016 (LA s 75 (1))\nsch 1 pt 1.1 commenced 29 August 2016 (s 2 and LA s 79)\n\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 3 pt 3.8\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 3 pt 3.8 commenced 27 April 2016 (s 2)\nCasino (Electronic Gaming) Act 2017 A2017-42 sch 3 pt 3.1\nnotified LR 13 November 2017\ns 1, s 2 commenced 13 November 2017 (LA s 75 (1))\nsch 3 pt 3.1 commenced 13 May 2018 (s 2 (1) and LA s 79)\nCasino and Other Gaming Legislation Amendment Act 2018 A2018-21\npt 2\nnotified LR 14 June 2018\ns 1, s 2 commenced 14 June 2018 (LA s 75 (1))\npt 2 commenced 15 June 2018 (s 2)\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33 pt 4\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\npt 4 commenced 2 October 2018 (s 2 (1))\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.5\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.5 commenced 24 August 2022 (s 2)\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.5\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.5 commenced 27 November 2023 (s 2 (1) and see Planning\nAct 2023 A2023-18, s 2 (2) and CN2023-10)\nJustice and Community Safety Legislation Amendment\nAct 2023 (No 3) A2023-57 pt 5\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\npt 5 commenced 12 December 2023 (s 2 (1))\n\nLegislation history 3\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.12, sch 4\npt 4.22\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.12, sch 4 pt 4.22 commenced 16 November 2025 (s 2 (1),\n(9))\n\nCommencement\ns 2 om LA s 89 (4)\nLawfulness of casino operation\ns 6 am A2017-42 amdt 3.1\nEligibility of individuals\ns 7 am A2007-40 amdt 1.1; A2011-3 amdt 1.4\nApplication for approval for change of ownership\ns 12 am A2025-29 amdt 4.22\nApproval of proposed owner\ns 13 am A2018-21 s 4\nApplication for approval of proposed casino lease\ns 15 am A2025-29 amdt 4.22\nApproval of proposed casino lease\ns 16 am A2018-21 s 5\nApplication for approval to amend casino lease\ns 17 am A2025-29 amdt 4.22\nApproval of amendment of casino lease\ns 18 am A2018-21 s 6\nGrant of casino licence\ns 21 am A2018-21 s 7\nDetermination of casino licence fee\ns 26 am A2025-29 amdt 4.22\nLicence fee payable even if casino licence suspended\ns 28 am A2011-52 amdt 3.18\nApplication for transfer of casino licence\ns 29 am A2025-29 amdt 4.22\nTransfer of casino licence\ns 30 am A2018-21 s 8\nGrounds for disciplinary action against casino licensee\ns 33 am A2017-42 amdts 3.2-3.4\nDisciplinary action against casino licensee\ns 34 am A2017-42 amdts 3.5-3.7; ss renum R16 LA\nDisciplinary action in relation to trading authorisations, casino gaming\nmachines and casino FATG terminals—directions\ns 38A ins A2017-42 amdt 3.8\n\nAmendment history 4\nCancellation of casino licence and authorisation certificates—disposal of\ncasino gaming machines and casino FATG terminals\ns 38B ins A2017-42 amdt 3.8\nApplication for casino employee licence\ns 42 am A2025-29 amdt 4.22\nAmendment of application for casino employee licence\ns 43 am A2025-29 amdt 4.22\nApproval of application for casino employee licence\ns 44 am A2016-18 amdt 3.30, amdt 3.31\nIssue of casino employee licence\ns 45 am A2014-47 s 4\nReplacement of casino employee licence\ns 46 am A2025-29 amdt 4.22\nRenewal of casino employee licence\ns 47 am A2014-47 s 5; A2022-14 amdt 3.17; A2025-29 amdt 4.22\nConditions of casino employee licence\ns 50 am A2016-18 amdt 3.32, amdt 3.33\nChange of prescribed functions\ns 52 am A2025-29 amdt 4.22\nCasino licensee to give commission information about employees\ns 61 am A2025-29 amdt 4.22\nDesignation of casino\ns 62 am A2007-25 amdt 1.13; A2023-36 amdt 1.47\nNotice of operating times\ns 69 am A2009-20 amdt 3.26; A2015-33 amdt 1.25; A2025-29\namdt 4.22\nEstablishing control procedures\ns 75 am A2009-49 amdt 1.5; pars renum R7 LA\nChanging control procedures\ns 76 am A2009-49 amdt 1.6, amdt 3.14\nDefinitions—div 5.7\ns 78 def document of identification am A2016-7 amdt 1.1\nsub A2018-33 s 73\ndef proof of age card om A2016-7 amdt 1.2\ndef proof of identity card ins A2016-7 amdt 1.3\nEntry to casino\ns 79 am A2022-14 amdt 3.18\n\nAppeal against exclusion notice\ns 83 am A2025-29 amdt 4.22\nRevocation of exclusion notice\ns 87 am A2025-29 amdt 4.22\nDeclaration of authorised games\ns 95 am A2025-29 amdt 4.22\nRules for authorised games\ns 96 am A2025-29 amdt 4.22\nAmendment of rules for authorised games\ns 97 am A2025-29 amdt 4.22\nConduct of authorised games\ns 100 am A2009-49 amdt 1.7\nGratuities for casino employees or agents\ns 105 am A2009-49 amdt 1.8\nCash facilities\ns 110 am A2009-49 amdt 1.9\nTime for presentation of unredeemed cheque\ns 115 am A2025-29 amdt 4.22\nExemption from general tax\ns 126 am A2025-29 amdt 4.22\nMonthly tax returns\ns 129 am A2025-29 amdt 4.22\nApproval of banking accounts\ns 131 am A2025-29 amdt 4.22\nCasino advisory panels\npt 8A hdg ins A2018-21 s 9\nMeaning of Ministerial decision—pt 8A\ns 136A ins A2018-21 s 9\nEstablishment and functions of casino advisory panel\ns 136B ins A2018-21 s 9\nam A2023-36 amdt 1.48\nSharing of information\ns 136C ins A2018-21 s 9\nam A2023-36 amdt 1.48; A2025-29 amdt 3.39\nMinister to appoint advisory panel members\ns 136D ins A2018-21 s 9\nMembership of casino advisory panel\ns 136E ins A2018-21 s 9\n\nAmendment history 4\nCasino advisory panel—appointment of chair\ns 136F ins A2018-21 s 9\nDisclosure of interests—advisory panel members\ns 136G ins A2018-21 s 9\nCasino advisory panel’s report on recommendation\ns 136H ins A2018-21 s 9\nReport on casino advisory panel’s recommendation to be tabled\ns 136I ins A2018-21 s 9\nCasino advisory panel—protection from liability\ns 136J ins A2018-21 s 9\nNotification and review of decisions\npt 9 hdg sub A2008-37 amdt 1.55\nMeaning of reviewable decision—Act\ns 137 sub A2008-37 amdt 1.55\nReviewable decision notices\ns 138 sub A2008-37 amdt 1.55\nApplications for review\ns 139 sub A2008-37 amdt 1.55\nSecurity-related decisions—certificate\ns 140 am A2008-37 amdt 1.56\nRecommendations of commission and casino advisory panel\ns 141 hdg sub A2018-21 s 10\ns 141 am A2018-21 s 11, s 12\nEvidentiary certificates and other matters\ns 142 am A2011-48 amdt 1.8; ss renum R11 LA\nDetermination of fees\ns 143 am A2011-28 amdt 3.18; A2025-29 amdt 4.22\nRegulation-making power\ns 144 am A2018-21 s 13; A2025-29 amdt 4.22\nTransitional\npt 11 hdg exp 1 May 2007 (s 154)\nDefinitions—pt 11\ns 145 exp 1 May 2007 (s 154 (LA s 88 declaration applies))\nExisting licences\ns 146 exp 1 May 2007 (s 154 (LA s 88 declaration applies))\n\nApprovals by Minister under repealed Act\ns 147 exp 1 May 2007 (s 154 (LA s 88 declaration applies))\nCertain approvals and authorisations by commission under repealed Act\ns 148 exp 1 May 2007 (s 154 (LA s 88 declaration applies))\nTax adjustment in relation to GST\ns 149 exp 1 May 2007 (s 154 (LA s 88 declaration applies))\nDisciplinary proceedings under repealed Act\ns 150 exp 1 May 2007 (s 154 (LA s 88 declaration applies))\nControl procedures\ns 151 exp 1 May 2007 (s 154 (LA s 88 declaration applies))\nExcluded people under repealed Act\ns 152 exp 1 May 2007 (s 154 (LA s 88 declaration applies))\nTransitional regulations\ns 153 exp 1 May 2007 (s 154 (LA s 88 declaration applies))\nExpiry of pt 11\ns 154 exp 1 May 2007 (s 154 (LA s 88 declaration applies))\nLegislation amended—sch 1\ns 155 om LA s 89 (3)\nLegislation repealed\ns 156 om LA s 89 (3)\nReviewable decisions\nsch 1 om LA s 89 (3)\nins A2008-37 amdt 1.57\ndict am A2008-37 amdt 1.58, amdt 1.59, A2009-20 amdt 3.27;\nA2011-3 amdt 1.5; A2011-28 amdt 3.19; A2015-33\namdt 1.26; A2018-21 s 14; A2023-36 amdt 1.49; A2025-29\namdt 3.40\ndef casino advisory panel ins A2018-21 s 15\ndef casino FATG authorisation certificate ins A2017-42\namdt 3.9\ndef casino FATG terminal ins A2017-42 amdt 3.9\ndef casino gaming machine ins A2017-42 amdt 3.9\ndef casino gaming machine authorisation certificate ins\nA2017-42 amdt 3.9\ndef financial year am A2023-57 s 17\ndef Ministerial decision ins A2018-21 s 15\ndef proof of age card om A2016-7 amdt 1.4\ndef proof of identity card ins A2016-7 amdt 1.5\ndef restricted authorisation ins A2017-42 amdt 3.9\ndef reviewable decision sub A2008-37 amdt 1.60\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nNo and date\nEffective Last\namendment\nmade by\nfor\n1 May 2006–\nnot amended new Act\n2 May 2007–\n4 Dec 2007\nnot amended commenced expiry\n5 Dec 2007\n5 Dec 2007–\n30 Mar 2008\nA2007-40 amendments by\nA2007-40\n31 Mar 2008\n31 Mar 2008–\n1 Feb 2009\nA2007-40 amendments by\nA2007-25\n2 Feb 2009\n2 Feb 2009–\n21 Sept 2009\nA2008-37 amendments by\nA2008-37\n22 Sept 2009\n22 Sept 2009–\n16 Dec 2009\nA2009-20 amendments by\nA2009-20\n17 Dec 2009\n17 Dec 2009–\n28 Feb 2011\nA2009-49 amendments by\nA2009-49\n1 Mar 2011\n1 Mar 2011–\n20 Sept 2011\nA2011-3 amendments by\nA2011-3\n21 Sept 2011\n21 Sept 2011–\n11 Dec 2011\nA2011-28 amendments by\nA2011-28\n12 Dec 2011\n12 Dec 2011–\n29 Feb 2012\nA2011-52 amendments by\nA2011-52\n1 Mar 2012\n1 Mar 2012–\n6 Nov 2014\nA2011-52 amendments by\nA2011-48\n7 Nov 2014\n7 Nov 2014–\n13 Oct 2015\nA2014-47 amendments by\nA2014-47\n\n5 Earlier republications\nNo and date\nEffective Last\namendment\nmade by\nfor\n14 Oct 2015\n14 Oct 2015–\n26 Apr 2016\nA2015-33 amendments by\nA2015-33\n27 Apr 2016\n27 Apr 2016–\n28 Aug 2016\nA2016-18 amendments by\nA2016-18\n29 Aug 2016\n29 Aug 2016–\nA2016-18 amendments by\nA2016-7\n13 May 2018–\nA2017-42 amendments by\nA2017-42\n15 June 2018–\n1 Oct 2018\nA2018-21 amendments by\nA2018-21\n2 Oct 2018\n2 Oct 2018–\n23 Aug 2022\nA2018-33 amendments by\nA2018-33\n24 Aug 2022\n24 Aug 2022–\n26 Nov 2023\nA2022-14 amendments by\nA2022-14\n27 Nov 2023\n27 Nov 2023–\n11 Dec 2023\nA2023-36 amendments by\nA2023-36\n12 Dec 2023\n12 Dec 2023–\n15 Nov 2025\nA2023-57 amendments by\nA2023-57","sortOrder":162}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":798},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 2006 form. Major additions include: Part 8A (Casino Advisory Panels) added in 2018 creating new independent oversight for Ministerial decisions; extensive amendments in 2017 to integrate with the Casino (Electronic Gaming) Act 2017 for gaming machines and FATG terminals; and repeated amendments to modernise application processes and information-sharing provisions. The tax provisions (Part 8) have also become more complex with detailed formulas for commission-based player schemes."},"complexity_factors":["Extensive cross-referencing with other ACT laws (Gambling and Racing Control Act 1999, Casino (Electronic Gaming) Act 2017, Criminal Code, Planning Act 2023)","Multiple layers of eligibility tests for individuals and corporations with nested exceptions (sections 7-8)","Detailed mathematical formulas for tax calculations with defined variables (sections 125-127)","Complex ownership and control structures requiring 'control agreements' when owner, lessee and licensee are different entities (section 19)","Strict liability offences throughout with specific penalty structures and defences","33 reviewable decisions listed in Schedule 1 with specific appeal pathways to ACAT","Part 8A advisory panel provisions with detailed membership disqualifications and procedural requirements","Extensive dictionary with 40+ defined terms, many with signpost definitions to other sections"],"plain_english_summary":"This Act creates the legal framework for operating a single casino in the ACT, governing who may hold the licence, ownership and integrity checks, staff licensing, permitted games and casino operations, taxation, enforcement powers, and advisory panels for major decisions. It affects the casino licensee and employees, anyone seeking to own or lease the casino building, patrons, and the Gambling and Racing Commission as regulator."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has grown substantially beyond a narrow licensing statute since its original enactment. Later amendments introduced new subject matter and administrative layers: notably the integration of electronic gaming rules and authorisations (Casino (Electronic Gaming) Act 2017 referenced throughout and new sections and offences), creation of the casino advisory panel and a formal Ministerial decision pathway (Part 8A inserted 2018: ss 136A–136J), expanded disciplinary and equipment controls (2017 and 2018 amendments), and additional administrative requirements (expanded employee licensing procedures, banking/account approvals, and tax reporting amendments in 2025). These changes broadened the Act from a licensing and control framework to a more detailed regulatory regime covering electronic gaming, supplier and equipment approvals, financial/accounting controls and an added layer of public‑interest advisory review for major decisions (see amendment history: Casino (Electronic Gaming) Act 2017 and Casino and Other Gaming Legislation Amendment Act 2018; Part 8A)."},"complexity_factors":["Lengthy Act with many Parts and Divisions (10 Parts plus Part 8A and multiple schedules).","Large dictionary and cross-references (numerous defined terms; Act cross‑references Criminal Code, Gambling and Racing Control Act, Casino (Electronic Gaming) Act 2017, Planning Act).","Multiple discretionary decision points vested in Minister and Commission (eg ss 13,16,21,30,37–38,136B).","Extensive administrative procedures and review layers (schedule 1 lists 33 reviewable decisions; ACAT review rights).","Many strict‑liability offences and layered penalties across operational, employment and gaming conduct (numerous sections imposing strict liability).","Detailed financial formulas and monthly reporting for two distinct tax bases (ss 125–129) with technical definitions (UC1/UC2, UCC1/UCC2, W, CGA).","Frequent notifiable/disallowable instruments and delegated instruments (licence fee determinations, equipment approvals, tax determinations, regulatory powers) increasing conditionality. ","Nested conditional logic and exceptions (eg short‑term licences pending police checks s 48; ministerial override on eligibility s 7(3)/8(2); security-based certificates s 140)."],"plain_english_summary":"**What this law does, in plain English**\n\n- The Act creates the legal framework for running a single licensed casino in the ACT. It sets out who may own and operate the casino, how a casino licence is granted, the licence-holder’s duties, and the powers of the regulator (the Gambling and Racing Commission). (See Part 3 and Part 2.)\n\n- It regulates people who work in the casino: most casino workers must hold a licence, and the commission controls who is eligible, may put conditions on licences, and may take disciplinary action. (See Part 4.)\n\n- It prescribes operational rules for the casino: approved layouts, control procedures (accounting, security, surveillance), operating hours, exclusion of people, and how games and gaming equipment are authorised and supervised. (See Part 5 and Part 6.)\n\n- It creates compliance, enforcement and investigative powers: police and authorised officers have entry/search powers in the casino; casino officials may detain suspected offenders until police arrive; there are a range of criminal and strict‑liability offences for non‑compliance. (See Part 7.)\n\n- It sets the tax and financial controls that apply to the casino (monthly returns, tax rates for different kinds of play, approval and inspection of banking accounts, audit and record‑keeping obligations). (See Part 8.)\n\n- It establishes a formal advisory step for major Ministerial decisions: an independent casino advisory panel must be convened to make recommendations before certain licensing, ownership and lease decisions are made. The panel’s report must be tabled (with protections for confidential material). (See Part 8A.)\n\n- The Act cross‑references the Gambling and Racing Control Act (the Control Act), the Casino (Electronic Gaming) Act 2017, and the Criminal Code for procedural and criminal law matters.\n\n\n**Who is affected**\n\n- The casino owner/lessee and the corporation that holds the casino licence (the casino licensee). (Part 2, Part 3.)\n- Casino employees and any person performing prescribed casino functions — they generally must hold and keep current a casino employee licence. (Part 4.)\n- Suppliers, manufacturers and service providers to the casino: approvals are required for gaming equipment, chips, banking arrangements and certain supply contracts. (Part 6, ss 91–94; Part 5, div 5.4; Part 8, ss 131–133.)\n- The Gambling and Racing Commission and the Minister: they exercise licensing, approval, disciplinary and regulatory powers. (Multiple sections, including ss 13, 16, 21, 37–38, Part 8A.)\n- The ACT Government receives tax revenue and may impose licence fees; police and authorised officers have enforcement roles. (Part 8; Part 7.)\n- Casino patrons: rules on entry, exclusion, permitted games, how wagers and chips operate, and protections on child entry and cheating. (Part 5 and Part 6.)\n\n\n**How it works, mechanically**\n\n- Single licence model: only one casino licence may be in force at a time and it applies to a defined casino area (s 20, s 23, s 62). The Minister grants the licence to a corporation and must be satisfied the corporation and its influential people are “eligible persons” (ss 7–9, s 21).\n\n- Eligibility and probity checks: individuals and corporations are disqualified by recent criminal convictions, insolvency or poor corporate history, but the Minister/commission may make exceptions if satisfied about public interest and casino operation (ss 7–8, s 13(3)).\n\n- Ownership and lease controls: transfers or leases of the casino lease require Ministerial approval; control agreements are required where owner, lessee and licensee differ (ss 11–19).\n\n- Licence conditions and enforcement: the commission can investigate, issue disciplinary notices, impose conditions, financial penalties, and recommend licence suspension/cancellation to the Minister. Only the Minister may suspend or cancel the casino licence (ss 33–38). An administrator can be appointed if the licence is suspended or cancelled (ss 39–40).\n\n- Employee licensing: casino workers performing prescribed functions must hold a licence issued by the commission; short‑term licences are available pending police checks; licences may be renewed, amended, suspended or cancelled (ss 41–51, ss 47–48).\n\n- Operational controls: the licence-holder must prepare and keep control procedures, operate according to approved layout and CCTV standards, maintain security/surveillance equipment and keep records (ss 64–77, ss 74, 75, 135–136).\n\n- Game and equipment authorisation: games and rules, gaming equipment and chips must be approved by the commission; approvals may be suspended or cancelled and there are offences for unauthorised use (ss 90–97, ss 91–94).\n\n- Financial controls and taxes: monthly reporting and payment obligations; defined tax formulas for non‑commission and commission‑based play (ss 125–130); approved bank accounts and access rights for the commission (ss 131–133).\n\n\n**Official purpose claimed in the Act**\n\n- The Act is presented as a comprehensive legal framework for the “establishment, licensing and control of the casino” (preamble and s 1). Part 8A codifies a requirement that major ownership and licensing decisions be informed by an independent advisory panel (ss 136A–136I), reflecting a stated aim of probity and public‑interest scrutiny.\n\n\n**Practical trade‑offs, incentives and risks (mechanisms, not judgments)**\n\n- Who pays: the licensed casino corporation pays licence fees, taxes (general tax at 10.9% on defined non‑commission profit and 0.9% on commission‑based profit — s 125, s 127), and compliance costs (licensing, audits, control procedures, CCTV and approved banking). These are direct costs to the operator and indirectly to patrons via business pricing decisions.\n\n- Who decides: the Minister and the Gambling and Racing Commission hold the key decisions—granting licences, approving owners/lessees, approving equipment, imposing conditions, and recommending suspensions or cancellations (ss 13, 16, 21, 37–38, 91). That structure concentrates discretionary authority in public office holders and the commission.\n\n- Compliance burden: the Act requires detailed control procedures, continuous CCTV recording, regular testing and audits, approved banking, seven‑year record retention, and frequent police checks for employees (ss 75, 67(7), 74, 131–136). These create ongoing operational and administrative costs and require internal compliance systems.\n\n- Regulatory discretion and implementation risk: the Minister/commission have broad powers to approve/refuse transfers, leases and licence grants, to suspend/cancel licences on public‑interest or security grounds, and to require control agreements and direction on control procedures (ss 13, 16, 19, 38, 63, 75–77). Broad discretion can speed regulatory responses but increases legal and operational uncertainty for investors and may raise litigation or review activity (schedule 1 lists reviewable decisions and ACAT review rights).\n\n- Effects on private choice and competition: limiting the territory to one casino licence (s 20) concentrates benefits (monopoly rents, scale economies) with the licensee and concentrates regulatory oversight. That single‑licence design reduces direct local competition in casino provision but preserves the regulator’s ability to control conduct, ownership and operations tightly.\n\n- Incentives for firms and workers: eligibility, licensing and post‑employment restrictions limit who can enter ownership, senior roles, or be employed (ss 7–9, 41, 123). These rules increase the cost of entry and post‑employment mobility for regulated roles but aim to manage security and integrity risks.\n\n- Tax and rent allocation: the tax formulas (ss 125–127) and licence fees allocate a portion of casino profits to the public purse; the precise tax base is formulaic and depends on chip flows and winnings, which can interact with accounting and operational practices (definitions in ss 125–127).\n\n- Concentrated benefits and diffuse costs: the licensee and associated businesses (suppliers, promoters of commission‑based schemes) gain direct commercial benefit; the wider public gains tax revenue and regulatory oversight, while costs of compliance and any higher prices fall mainly on the operator and patrons. The Act creates multiple points where the regulator can influence commercial outcomes (control agreements, supply contract termination powers, advisory panel recommendations).\n\n- Risk of substitution/unintended consequences: strict controls on cash facilities, cheques and lending (ss 110–115) restrict informal credit and cash access inside the casino. That may reduce some harms (e.g., credit‑based play) but could shift patrons to alternative venues or informal arrangements unless replacements (e.g., approved deposit accounts) are provided.\n\n- Capture and rent‑seeking exposure (mechanism): the Act vests decisions in the Minister and commission and creates consultative panels and notifiable instruments (Part 8A; many approvals are “notifiable instruments”). Where approvals (equipment, leases, ownership) require technical evaluations and eligibility checks, suppliers and applicants have incentives to shape regulatory opinion. The Act builds in advisory, audit and public‑reporting steps (panel reports must be tabled), which mechanically mitigate some information asymmetries (ss 136B–136I).\n\n\n**Key sections to look at for specific obligations**\n\n- Single licence and grant: ss 20–21\n- Eligibility rules: ss 7–9\n- Ownership/lease approvals and control agreements: ss 11–19\n- Licence powers, discipline and suspension: ss 33–40\n- Employee licensing and discipline: ss 41–61\n- Control procedures, layout and CCTV: ss 64–77\n- Gaming equipment and authorised games: ss 90–97\n- Taxes and monthly returns: ss 125–130\n- Advisory panels and Ministerial decision process: ss 136A–136J\n\n\n**Bottom line (mechanical summary of likely effects)**\n\n- The Act sets up a tightly regulated single‑licence casino model with substantial ongoing compliance obligations for the licensee and employees, broad public‑interest and security discretion for the Minister and commission, and routine oversight through audits, approvals and an advisory panel for high‑level decisions. The commercial effect is to concentrate casino economic activity in one regulated entity that bears tax and compliance costs, while the regulator retains multiple levers to shape ownership, operations and supply relationships (see the cited provisions)."}},"importantCases":[],"_links":{"self":"/api/acts/casino-control-act-2006","history":"/api/acts/casino-control-act-2006/history","analysis":"/api/acts/casino-control-act-2006/analysis","conflicts":"/api/acts/casino-control-act-2006/conflicts","importantCases":"/api/acts/casino-control-act-2006/important-cases","documents":"/api/acts/casino-control-act-2006/documents"}}