Div 1AGambling only allowed in enclosed areas

Division 1A—Gambling only allowed in enclosed areas 27A—Gambling only allowed in enclosed areas (1) It is a condition of the casino licence that gambling may only take place under the licence within a place or area that is enclosed as defined by the Tobacco and E‑cigarette Products Act 1997 (see section 4(3) and (4)). (2) Section 16(1a) does not apply to the condition imposed under subsection (1). Division 2—Casino management and staff 28—Interpretation In this Division— special employee means a person employed or appointed by the licensee to carry out any of the following duties in respect of operations under the casino licence: (a) conducting authorised games; (b) handling, dealing with and accounting for money or gambling chips in the casino premises; (c) exchanging money or chips for casino patrons; (d) security and surveillance of the casino premises; (e) operating, maintaining, constructing or repairing equipment for gambling; (f) duties relating to intervention programs for patrons adversely affected by, or at risk of harm from, gambling; (g) duties relating to the operation and conduct of gambling in premium gaming areas, including premium player attraction programs; (h) accounting; (i) supervising the carrying out of the duties in paragraphs (a) to (h); (j) any other duties related to the operations under the casino licence specified by the Commissioner for the purposes of this definition and notified to the licensee. 29—Licensee to notify Commissioner of appointment of special employees (1) It is a condition of the casino licence that the licensee must, in a manner and form determined by the Commissioner— (a) notify the Commissioner of the employment or appointment of a person as a special employee; and (b) within 14 days of a person ceasing to be a special employee, or of an employee or person so appointed ceasing to be employed by the licensee, notify the Commissioner of that fact. (2) This section does not apply— (a) in respect of a person who is approved by the Commissioner as a designated person; or (b) in respect of an administrator, controller or liquidator of the licensee who has assumed control over the casino business or a person acting on the authority of such a person. 30—Commissioner may notify Commissioner of Police of appointment of special employees (1) The Commissioner may provide a copy of a notification of the employment or appointment of a person as a special employee to the Commissioner of Police. (2) As soon as reasonably practicable following receipt of a notification under subsection (1), the Commissioner of Police— (a) must make available to the Commissioner information about any criminal convictions of the special employee; and (b) may make available to the Commissioner other information to which the Commissioner of Police has access relevant to whether the Commissioner should issue a prohibition notice under section 31. 31—Commissioner may give prohibition notice (1) The Commissioner may prohibit a person from carrying out duties as a special employee either permanently or for a specified period. (2) Written notice of a prohibition of a person under this section must be given by the Commissioner to the person and the licensee. (3) A prohibition under this section has effect from the day on which the notice is given to the person or such later date as may be specified in the notice. (4) The Commissioner may, at any time, on the Commissioner's own initiative, or on application by a person given a notice under this section, vary or revoke the notice. 32—Offences in relation to special employees (1) The licensee must not employ or appoint— (a) a minor; or (b) a person of a class prescribed by the regulations, to be a special employee. (2) The licensee must not permit a special employee to carry out duties unless their appointment has been notified to the Commissioner under section 29. (3) This section does not apply— (a) in respect of a designated person; or (b) in respect of an administrator, controller or liquidator of the licensee who has assumed control over the casino business or a person acting on the authority of such a person. 33—Identity cards (1) A designated person must, during any time when they are on duty in the casino premises— (a) carry on their person an identity card that is in a form determined by the Commissioner; and (b) at the request of a person, produce their identity card to the person. Maximum penalty: $2 500. Expiation fee: $210. (2) A special employee must, during any time when they are on duty in the casino premises, wear an identification card that— (a) is in a form determined by the Commissioner; and (b) that is clearly visible to other persons. Maximum penalty: $1 250. Expiation fee: $160. (3) A person must, on ceasing to be a special employee or designated person, surrender their identity card to the licensee. (a) in the case of a special employee—$1 250; (b) in the case of a designated person—$2 500. (a) in the case of a special employee—$160; (b) in the case of a designated person—$210. 34—Certain staff not to gamble (1) A designated person or a special employee must not, except as is necessary for the purpose of carrying out their duties, operate a gaming machine or an automated table game or participate in any authorised game in the casino premises. Maximum penalty: $10 000 or imprisonment for 6 months. (2) A staff member (other than a designated person or a special employee) must not, while working in the casino premises, operate a gaming machine or an automated table game or participate in any authorised game in the casino premises. Maximum penalty: $5 000. 35—Special employees and designated persons not to accept gratuities (1) A designated person or a special employee must not, in relation to their work, accept a gift or gratuity from any person. (a) in the case of a designated person—$250 000; (b) in the case of a special employee—$20 000. (2) A person does not commit an offence under subsection (1) by accepting a gift or gratuity if— (a) it is a gratuity paid by the licensee or another employer on a basis approved by the Commissioner; or (b) the gift or gratuity is of a kind, or given in circumstances, approved by the Commissioner. 36—Staff exempt from Security and Investigation Industry Act 1995 Staff members are, in relation to the performance of their functions and duties, exempt from the Security and Investigation Industry Act 1995. 37—Commissioner may give exemption from application of Division The Commissioner may, by instrument in writing, exempt the licensee, a designated person, a special employee or a staff member from compliance with this Division to an extent specified in the instrument of exemption. Division 4—Approval and use of systems and equipment 38—Approval of management systems etc (1) It is a condition of the casino licence that— (a) systems and procedures for conducting authorised games; and (b) systems and procedures for surveillance and security; and (c) systems and procedures for internal management and control; and (d) systems and procedures for handling, dealing with and accounting for money and gambling chips; and (e) other systems and procedures that the Commissioner determines to be subject to this section, must be approved by the Commissioner. (2) It is a condition of the casino licence that the licensee must ensure that the licensee's operations under the casino licence conform with the approved systems and procedures. 39—Operations involving movement of money etc (1) It is a condition of the casino licence that the licensee must comply with directions given by the Commissioner or an inspector about the movement or counting of money or gambling chips in the casino premises. (2) It is a condition of the casino licence that the licensee must comply with instructions given by the Commissioner to facilitate the scrutiny by inspectors of operations involving the movement or counting of money or gambling chips in the casino premises. 40—Approval of installation etc of equipment (1) It is a condition of the casino licence that the licensee must not permit the installation or use of— (a) equipment for gambling; or (b) equipment for surveillance or security; or (c) equipment of any other kind or for any other purpose notified by the Commissioner to the licensee, unless it is approved by the Commissioner. (2) It is a condition of the casino licence that the licensee must comply with any instructions of the Commissioner about the use of any such equipment. (3) It is a condition of the casino licence that the Commissioner may, personally or through the agency of an inspector, assume control of any such equipment at any time. (4) It is a condition of the casino licence that the licensee must not permit the removal or destruction of any such equipment except with the approval of the Commissioner. 40A—Approval of automated table game equipment, gaming machines and games (1) The Commissioner may, on application by a person, approve particular automated table game equipment, particular gaming machines or particular games to be of a class that is approved for the purposes of this Act. (2) If an application under subsection (1) relates to automated table game equipment, a gaming machine or a game that can be lawfully operated or played in another jurisdiction prescribed by the regulations for the purposes of this subsection, the Commissioner must grant the approval (unless that equipment, machine or game is of a kind that must not be approved in accordance with this section or the regulations). (3) The Commissioner must not approve automated table game equipment under this section unless the equipment— (b) complies with any other requirements prescribed by the regulations. (4) The Commissioner must not approve a gaming machine under this section unless the machine— (b) complies with any other requirements prescribed by the regulations. (5) The Commissioner may determine that a gaming machine complies with a requirement under subsection (4) if the machine, when used with other equipment, complies with the requirement. (6) The Commissioner must not approve a game under this section unless the game— (a) in the case of a game to be played on a gaming machine—returns winnings to players at a rate that is not less than 87.5% of the total amount of all bets made on the game on a particular gaming machine; and (b) in any case— (i) is able to be operated in compliance with the requirements of this Act; and (ii) complies with any other requirements prescribed by the regulations. (7) The Commissioner may approve a game to be played on a gaming machine for the purposes of this Act that does not comply with subsection (6)(a) if the Commissioner is satisfied that the game will operate in a way that allows the expenditure, or part of the expenditure, on the game when played on a particular gaming machine to accumulate with the expenditure, or part of the expenditure, on a game played on another gaming machine and that the games, in combination, return winnings to players at a rate that is not less than 87.5% of the total amount of all bets made on the games. (8) The Commissioner may vary or revoke an approval under this section. (9) Before the Commissioner varies or revokes an approval under subsection (8), the Commissioner must— (b) consider any representations made by the licensee within 21 days after the notice is given or a longer period allowed in the notice. (10) In this section— game means any game software for use with a gaming machine or automated table game equipment. 40B—Commissioner may approve certain systems to be operated in connection with authorised games, gaming machines and automated table game equipment (1) The Commissioner may, on application by a person, approve systems to be operated in connection with authorised games, approved gaming machines or automated table game equipment, or classes of authorised games, approved gaming machines or automated table game equipment being— (a) account based cashless gaming systems; or (b) automated risk monitoring systems; or (c) cashless gaming systems of a kind prescribed by the regulations. (2) The Commissioner must not approve a system under this section unless the system— (b) complies with the requirements of any applicable gambling administration guidelines. (3) It is a condition of the casino licence that the licensee must, on the request of the Commissioner, provide information recorded by a system approved under this section to the Commissioner for the purposes of gambling research. (4) Information requested under subsection (3) must be provided in a manner and form and within a time specified by the Commissioner in the request. (5) The Commissioner may— (a) on the Commissioner's own initiative, by written notice to the licensee; or (b) on application by the licensee, (6) Before the Commissioner varies or revokes an approval under subsection (5)(a), the Commissioner must— (b) consider any representations made by the licensee within 21 days after the notice is given or a longer period allowed in the notice. (7) If the Commissioner— (a) refuses to approve a system under this section; or (b) varies or revokes an approval of a system under this section, the licensee may apply to the Minister for a review of that decision. (8) The Minister may determine the application as the Minister thinks fit and, if the Minister finds in favour of the applicant, grant or preserve approval (as appropriate) and require the Commissioner to publish a notice in the Gazette accordingly. 40C—Commissioner may approve staff training courses (1) The Commissioner may, on application by a person, approve courses of training to be undertaken by casino staff. (2) The Commissioner must not approve a training course under this section unless the course complies with the requirements of any applicable responsible gambling codes of practice or any applicable gambling administration guidelines. (3) The Commissioner may— (a) on the Commissioner's own initiative, by written notice to the licensee and the training course provider; or (b) on application by the licensee or a training course provider, (4) Before the Commissioner varies or revokes an approval under subsection (3)(a), the Commissioner must— (b) consider any representations made by the licensee within 21 days after the notice is given or a longer period allowed in the notice. 40D—Commissioner may approve facial recognition system (1) The Commissioner may, on application by a person, approve a system to be operated by the licensee that enables the facial image of a person who is about to enter a gaming area to be recognised, identified and recorded (a facial recognition system). (2) The Commissioner must not approve a facial recognition system under this section unless the system complies with any applicable gambling administration guidelines or any requirements prescribed by the regulations. (3) The Commissioner may— (a) on the Commissioner's own initiative, by notice to the licensee and the facial recognition system provider; or (b) on application by the licensee or the facial recognition system provider, (4) Before the Commissioner varies or revokes an approval under subsection (3)(a), the Commissioner must— (b) consider any representations made within 21 days after the notice is given or a longer period allowed in the notice. 41—Interference with approved systems, equipment etc (1) A person who interferes in any way with the proper operation of a system, equipment, machine or game approved or recognised under this Division with the intent of gaining any benefit or advantage for himself or herself or any other person, is guilty of an offence. (2) A person who manufactures, sells, supplies or has in his or her possession a device designed, adapted or intended to be used for the purpose of interfering with the proper operation of a system, equipment, machine or game approved or recognised under this Division is guilty of an offence. (2a) In proceedings for an offence against subsection (2), an allegation in the information that a particular device was designed, adapted or intended to be used for the purpose of interfering with the proper operation of a system, equipment, machine or game approved under this Division, will be accepted as proved in the absence of proof to the contrary. (3) A person who uses a computer, calculator or other device for the purpose of projecting the outcome of an authorised game being played in a gaming area is guilty of an offence. (4) A person other than a special employee must not remove cash or gambling chips from gaming equipment. Maximum penalty: $50 000 or imprisonment for 3 months. (5) In this section— special employee has the same meaning as in section 28. Division 4AA—Disposal of games and gaming machines 41AA—Sale or supply of equipment, games, gaming machines and components (1) It is a condition of the casino licence that the licensee must not sell or supply automated table game equipment, a game, gaming machine or prescribed gaming machine component to a person other than the holder of a gaming machine dealer's licence under the Gaming Machines Act 1992. (2) If any agreement or arrangement is entered into by the licensee and any person other than the holder of a gaming machine dealer's licence for, or in connection with, the sale or supply of automated table game equipment, games, gaming machines or prescribed gaming machine components the agreement or arrangement is null and void. (3) This section does not apply in relation to a sale or supply to the transferee on a transfer of the casino licence in accordance with section 11. (4) In this section— game means any game software for use with a gaming machine or automated table game equipment.