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Casino Control Act 1991
22OCorporations legislation displacement
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22O Corporations legislation displacement
The provisions of this Part are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 5 of that Act.
Section 5G of the Corporations Act provides that if a State law declares a provision of State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation specified in the State law with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency.
Part 3—Supervision and control of casino operators
Division 1—Directions, investigations etc.
23 Directions to operator
S. 23(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 13).
(1) The Commission may give to a casino operator a written direction that relates to the conduct, supervision or control of operations in the casino and the operator must comply with the direction as soon as it takes effect.
(2) The direction takes effect when the direction is given to the casino operator or on a later date specified in the direction.
S. 23(3) substituted by No. 54/2021 s. 10.
(3) The power conferred by this section includes a power to give any of the following directions to a casino operator—
(a) to adopt, vary, cease or refrain from any practice in respect of the conduct of casino operations;
(b) to engage at the casino operator's own cost, on the terms and conditions approved by the Commission, a person approved by the Commission to inquire into and report to the Commission on any matter relevant to the performance of the Commission's functions in relation to the casino operator or the conduct of casino operations.
S. 23(3A) inserted by No. 54/2021 s. 10.
(3A) On the request of a person engaged in accordance with a direction referred to in subsection (3)(b), the casino operator must give the person any information that the person reasonably requires to perform the person's functions.
S. 23(3B) inserted by No. 54/2021 s. 10.
(3B) A casino operator is not excused from complying with a request for information under subsection (3A) on the ground that the information is the subject of legal professional privilege.
S. 23(3C) inserted by No. 54/2021 s. 10.
(3C) Information does not cease to be the subject of legal professional privilege only because it is given to a person in accordance with a request under subsection (3A).
(4) A direction under this section must not be inconsistent with this Act or the conditions of the casino licence.
(5) If a person is convicted of an offence under this section and persists in the contravention that constitutes the offence, the person is to be taken to commit a further offence on each day that the contravention continues and may be prosecuted accordingly.
Penalty for each such offence: 20 penalty units.