Div 4ACodes of practice

Division 4A—Codes of practice 41B—Compliance with codes of practice It is a condition of the casino licence— (a) that the licensee must ensure that advertising by the licensee conforms with the applicable advertising codes of practice; and (b) that the licensee must ensure that operations under the licence conform with the applicable responsible gambling codes of practice. Division 5—Prohibited practices 42—Gambling on credit prohibited (1) It is a condition of the casino licence that the licensee must not, in connection with gambling at the casino premises— (a) accept a wager unless the gambler places the wager by putting down cash or gambling chips at the time the wager is made; or (b) lend money, gambling chips or anything that might be converted into money or gambling chips; or (ba) allow a person to use a credit card or charge card for the purpose of paying for gambling or in circumstances where the licensee could reasonably be expected to know that the use of the card is for that purpose; or (c) extend any other form of credit; or (d) release or discharge a gambling debt without the Commissioner's approval. (2) However, the above condition does not prevent the licensee or another person from extending credit for gambling on terms and conditions approved by the Commissioner. 42A—Prohibition of ATMs It is a condition of the casino licence that the licensee must not provide, or allow another person to provide an automatic teller machine in a gaming area. 42B—Provisions relating to authorised games, gaming machines and automated table games (1) It is a condition of the casino licence that the licensee must not provide any gaming machine or automated table game equipment that may be operated in connection with an account based cashless gaming system unless— (a) the system is approved by the Commissioner under section 40B(1)(a); and (b) the gaming machine or automated table game equipment is operated in connection with an automated risk monitoring system approved by the Commissioner under section 40B(1)(b); and (c) the gaming machine or automated table game equipment is capable of displaying on‑screen messages of a kind prescribed in the applicable responsible gambling code of practice either on a primary screen or an ancillary screen; and (d) the gaming machine or automated table game equipment is operated in connection with a pre‑commitment system in compliance with the requirements prescribed by the regulations. (2) It is a condition of the casino licence that the licensee must not provide any gaming machine or automated table game equipment that may be operated otherwise than in connection with an automated risk monitoring system approved by the Commissioner under section 40B(1)(b). (3) It is a condition of the casino licence that the licensee must not provide any gaming machine or automated table game equipment that may be operated— (a) by insertion of a credit or debit card; or (b) by means of a cashless payment system; or (c) by insertion of a ticket (other than in accordance with the requirements prescribed by the regulations). (3a) It is a condition of the casino licence that the licensee must not allow an authorised game (not being a game played on a gaming machine or automated table game equipment) to be conducted in connection with a cashless gaming system unless the system is approved by the Commissioner under section 40B(1)(c). (3b) It is a condition of the casino licence that the licensee must not provide any gaming machine in a gaming area that allows the operation of a game by insertion of a banknote if the cash value of the credit balance on the gaming machine is $100 or more. (4) It is a condition of the casino licence that the licensee must not provide any gaming machine or automated table game equipment that allows the operation of the game by insertion of a banknote of a denomination greater than $50. (5) It is a condition of the casino licence that the licensee must not permit the use of an audio device on any gaming machine if the use of the device is not intended primarily to assist a person with a hearing impairment. (6) It is a condition of the casino licence that the licensee must not provide any gaming machine or automated table game equipment that is fitted with a device or mechanism designed to allow the playing of a number of successive games by an automatic process. (7) It is a condition of the casino licence that the licensee must not provide any gaming machine that allows a maximum bet of more than $5. (8) In this section— ancillary screen means a screen— (a) in the sandwich board of a gaming machine or automated table game equipment; or (b) attached to a gaming machine or automated table game equipment that is visible to the person using the machine or equipment; audio device means an earphone, earpiece, headphone, headset or any other device to convert signals from a gaming machine to audible sound delivered to the ear of a person playing the machine to the exclusion of everyone else; cashless payment system does not include an account based cashless gaming system approved under section 40B(1)(a) or a cashless gaming system of a kind prescribed by the regulations and approved under section 40B(1)(c); primary screen means a gaming machine screen or an automated table game equipment screen; ticket means a ticket— (a) issued from a gaming machine or automated table game equipment (or from equipment attached to the gaming machine or automated table game equipment for the purpose of issuing tickets); and (b) that shows the cash value of the credits accumulated and not otherwise redeemed in the course of play on that gaming machine or automated table game equipment. 42C—Prohibition of gambling outside of gaming areas (1) It is a condition of the casino licence that the licensee will not, except as may be provided by the approved licensing agreement, permit gambling in the casino premises other than in a gaming area. (2) If the approved licensing agreement allows the licensee to permit any gambling in a part of the casino premises other than a gaming area, it is a condition of the casino licence that the licensee will take all reasonably practicable measures to ensure that no child is able to engage in that gambling. 42D—Provisions relating to operation of facial recognition system (1) It is a condition of the casino licence that the licensee must, for the purposes of identifying barred persons about to enter a gaming area, operate a facial recognition system approved under section 40D in accordance with any requirements prescribed by the regulations. (2) It is a condition of the casino licence that the licensee must not allow a person to enter a gaming area unless the licensee has caused a record of the person's facial image to be made by means of a facial recognition system approved under section 40D in accordance with any requirements prescribed by the regulations. Division 6—Exclusion of children 43—Exclusion of children (1) A child who enters a gaming area is guilty of an offence. Maximum penalty: $2 500. Expiation fee: $210. (2) Any amount won by a child by gambling at the casino premises is forfeited to the Commissioner and must be paid into the Gamblers Rehabilitation Fund established under section 73BA of the Gaming Machines Act 1992. (3) If a child enters a gaming area, the licensee and the staff member who is responsible for supervising entry to the gaming area are each guilty of an offence. (a) in the case of the licensee—$500 000; (b) in the case of a staff member—$10 000. (a) in the case of the licensee—$5 000; (b) in the case of a staff member—$1 200. (4) It is a defence to a charge of an offence against subsection (3) to prove that procedures for exclusion of children approved by the Commissioner were being properly enforced at the time the child entered the gaming area. (4a) A person must not knowingly assist a child or enable a child to enter or remain in a gaming area. (a) in the case of the licensee—$500 000; (b) in any other case—$10 000. (a) in the case of the licensee—$5 000; (b) in any other case—$1 200. (5) An authorised person who suspects on reasonable grounds that a person who is in a gaming area or about to enter a gaming area may be a child may require the person to produce evidence of age to the authorised person's satisfaction. (6) A person who— (a) fails without reasonable excuse to comply with a requirement under subsection (5); or (b) makes a false statement, or produces false evidence, in response to such a requirement, is guilty of an offence. (7) An authorised person who suspects on reasonable grounds that a person who is in a gaming area is a child— (a) may require the person to leave the gaming area; and (b) if the person fails to comply with that requirement—exercise reasonable force to remove the person from the gaming area. (7a) The regulations may prescribe circumstances in which this section or provisions of this section do not apply. (8) In this section, an authorised person is— (a) an agent or employee of the licensee; or (b) a police officer. Division 7—General barring powers 44—Licensee's power to bar (1) The licensee may, by written order, bar a person (the barred person) from the casino premises, or part of the casino premises, for a period specified in the order or for an unlimited period. (2) The order must— (a) state the grounds on which the order is made; and (b) set out the rights of the barred person to have the order reviewed under this section; and (c) must be given to the person against whom it is made personally or by sending it by post addressed to the person at the last known postal address. (3) An order may be made under this section on any of the following grounds: (a) the licensee suspects on reasonable grounds that the person against whom the order is to be made— (i) has engaged in dishonest acts in relation to gambling; or (ii) has acted in a way affecting or potentially affecting the proper conduct or integrity of gambling; or (iii) has acted in a way affecting or potentially affecting the safety or wellbeing of the person or other persons on casino premises; (b) the person against whom the order is to be made has engaged in unlawful conduct; (c) any other reasonable grounds. (3a) An order may not be made under this section on grounds that the person may suffer harm, or a family member of the person may suffer harm, because of gambling. Note— In relation to barring on these grounds, see Part 6 of the Gambling Administration Act 2019. (4) A barred person may, within 14 days after an order is made under this section, apply to the Commissioner for a review of the order and, on completing the review, the Commissioner may confirm, vary or revoke the order. (5) The licensee or the Commissioner may at any time, on the application of a barred person or on the licensee's or Commissioner's own initiative, vary or revoke an order made under this section. (6) A barred person who enters or remains on casino premises contrary to an order under this section is guilty of an offence. (7) If a barred person is allowed to enter or remain on casino premises contrary to an order under this section, the licensee is guilty of an offence. (8) An agent or employee of the licensee or a police officer may exercise reasonable force— (10) The licensee must retain copies of all orders made under this section. (11) This section operates without limiting or derogating from the provisions of section 27AA. 45—Commissioner's power to bar (1) The Commissioner may, by written order, bar a person (the barred person) from the casino premises, or part of the casino premises, for a period specified in the order or for an unlimited period. (2) The Commissioner may make an order under this section— (c) on review of an order made by the licensee barring the person against whom the order is to be made from the gaming areas; or (d) on the Commissioner's own initiative. (3) The order must— (a) state the grounds on which the order is made; and (b) set out the rights of the barred person to have the order reviewed; and (c) be given to the person against whom it is made personally or by sending it by post addressed to the person at the last known postal address. (4) An order may be made under this section on any reasonable grounds (other than on the grounds that the person is at risk of harm, or is at risk of causing harm to a family member of the person, because of gambling). Note— In relation to barring on the grounds that the person is at risk of harm, or is at risk of causing harm to a family member of the person, because of gambling, see Part 6 of the Gambling Administration Act 2019. (5) A barred person who enters or remains on casino premises contrary to an order under this section is guilty of an offence. (6) If a barred person is allowed to enter or remain on casino premises contrary to an order under this section, the licensee is guilty of an offence. (7) An agent or employee of the licensee or a police officer may exercise reasonable force— (8) The Commissioner may at any time, on the application of a barred person or on the Commissioner's own initiative, vary or revoke an order made under this section. (8a) A barred person may, within 14 days after an order is made under this section, apply to the Commissioner for a review of the order and, on completing the review, the Commissioner may confirm, vary or revoke the order. (9) The Commissioner must retain copies of all orders made under this section. 45A—Commissioner of Police's power to bar (1) The Commissioner of Police may, by written order, bar a person (the barred person) from the casino premises, or part of the casino premises, for a period specified in the order or for an unlimited period on any reasonable ground. (2) The order must— (a) subject to subsection (3), state the grounds on which the order is made; and (b) set out the rights of the barred person to have the order reviewed by the Commissioner; and (c) be given to the person against whom it is made personally or by sending it by post addressed to the person at the last known postal address. (3) If a person is barred by order under this section because of information that is classified by the Commissioner of Police as criminal intelligence, the order need only state that it would be contrary to the public interest if the person were not so barred. (4) The Commissioner of Police must, within 14 days of service of an order under this section, or a variation or revocation of an order under this section, provide the licensee with— (a) information that identifies the barred person; and (b) a copy of the order, or notice of the variation or revocation of the order, (but a failure to comply with this subsection does not affect the operation of the order, or the variation or revocation of the order). (4a) A barred person may, within 14 days after an order is made under this section, apply to the Commissioner for a review of the order and, on completing the review, the Commissioner may confirm, vary or revoke the order. (4b) The Commissioner of Police may at any time, on the application of a barred person or on the Commissioner of Police's own initiative, vary or revoke an order under this section. (5) A barred person who enters or remains on casino premises contrary to an order under this section is guilty of an offence. (6) If a barred person is allowed to enter or remain on casino premises contrary to an order under this section, the licensee is guilty of an offence. (7) An agent or employee of the licensee or a police officer may exercise reasonable force— (9) The Commissioner of Police may not delegate his or her power under this section except to a Deputy Commissioner or Assistant Commissioner of Police. (10) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the Commissioner of Police to act in any matter; and (d) is revocable at will by the Commissioner of Police. 46—Summary exclusion in case of intoxication etc An agent or employee of the licensee or a police officer may exercise reasonable force to prevent a person entering the casino premises, or to remove a person from the casino premises, if the person— (a) is behaving in an abusive, offensive or disorderly manner; or (b) appears to be intoxicated.