Part 1 Preliminary

Part 1 Preliminary

1 Name of Act

1 Name of Act

This Act may be cited as the Casino Control Act 1992.

Note.

This Act is part of the gaming and liquor legislation for the purposes of the Gaming and Liquor Administration Act 2007. That Act contains administrative and other relevant provisions that apply in relation to this Act (including investigation and enforcement powers and provisions relating to the probity of officials).

s 1: Am 2007 No 92, Sch 1 [2]; 2011 No 72, Sch 5.1 [1].

2 Commencement

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

3 Definitions

3 Definitions

(1) In this Act—

AUSTRAC means the Australian Transaction Reports and Analysis Centre.

Authority has the same meaning as in the Gaming and Liquor Administration Act 2007.

Barangaroo restricted gaming facility means premises—

(a) situated or proposed to be situated on that part of Barangaroo (within the meaning of the Barangaroo Delivery Authority Act 2009) identified as the site of the Barangaroo restricted gaming facility on the Barangaroo Restricted Gaming Facility Site Map, and

(b) defined for the time being under section 19A.

cash—

(a) means money in coins or notes, and

(b) does not include cheques, money orders or electronic funds transfer or debt transactions.

casino means—

(a) premises defined as a casino for the time being under section 19, or

(b) the Barangaroo restricted gaming facility.

casino employee means an employee (whether or not of a casino operator) having functions in or in relation to a casino.

casino licence means a licence in force under Part 2 to operate a casino.

casino operator means a person who is the holder of a casino licence.

Note.

References in this Act to the casino operator include references to the holder of a restricted gaming licence.

chips means any tokens (including tokens depicted in an electronic form) used instead of money for the purpose of gaming.

close associate—see section 3A.

employ includes engage under a contract for services.

exclusion order means a written order under section 79 prohibiting a person from entering, or remaining in, a casino.

game means a game of chance or a game that is partly a game of chance and partly a game requiring skill.

game rules, in relation to a particular game, means—

(a) the rules of the game approved by an order under section 66 (1) or, if the game is a keno game, the keno rules for the game within the meaning of section 66 (5), and

(b) the non-monetary prize rules for the game set out in section 66 (4).

gaming means the playing of any game.

gaming and liquor legislation has the same meaning as in the Gaming and Liquor Administration Act 2007.

gaming equipment means any device or thing (including chips) used, or capable of being used, for or in connection with gaming.

gaming machine has the same meaning as in the Gaming Machines Act 2001.

inspector means an inspector within the meaning of the Gaming and Liquor Administration Act 2007.

key official means a key official within the meaning of the Gaming and Liquor Administration Act 2007.

member of staff means a member of staff within the meaning of the Gaming and Liquor Administration Act 2007.

NICC means the NSW Independent Casino Commission established under section 133.

operations, in relation to a casino, means—

(a) the conduct of gaming in the casino,

(b) the management and supervision of the conduct of gaming in the casino,

(c) money counting in, and in relation to, the casino,

(d) accounting procedures in, and in relation to, the casino,

(e) the use of storage areas in the casino, and

(f) other matters affecting, or arising out of, activities in the casino.

premium player arrangement means an arrangement in which a casino operator offers to pay a patron of the casino a commission—

(a) based on the patron’s turnover of play in the casino, or

(b) calculated by reference to the patron’s turnover of play in the casino.

private gaming area means an area in a casino that is approved by the NICC as a private gaming area.

record includes any book, account, document, paper or other source of information compiled, recorded or stored in written form, or on microfilm, or by electronic process, or in any other manner or by any other means.

related body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth.

Responsible Gambling Fund means the Fund established under section 115.

restricted gaming licence means a casino licence relating to the Barangaroo restricted gaming facility.

Secretary means the Secretary of the Department of Enterprise, Investment and Trade.

this Act includes the regulations.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) In this Act—

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, in relation to a duty, a reference to the performance of the duty.

(3) (Repealed)

(4) The reference in the definition of Barangaroo restricted gaming facility to the Barangaroo Restricted Gaming Facility Site Map is a reference to a map by that name—

(a) as tabled, by or on behalf of the Minister introducing the Bill for the Casino Control Amendment (Barangaroo Restricted Gaming Facility) Act 2013, in the Legislative Assembly on the day that the Bill was introduced (the original map), and

(b) as amended or replaced from time to time by a map declared by proclamation to amend or replace the original map.

(5) However, the site of the Barangaroo restricted gaming facility must remain in the area identified as Barangaroo South on the original map.

(6) The Barangaroo Restricted Gaming Facility Site Map is to be kept and made available for public access in accordance with arrangements approved by the Minister.

(7) For the purposes of this Act, the Barangaroo Restricted Gaming Facility Site Map may be in, and may be kept and made available in, electronic or paper form, or both.

Note.

The map is to be made available on the official NSW legislation website in connection with this Act.

s 3: Am 2000 No 57, Sch 1 [1]; 2001 No 27, Sch 1 [1]–[3]; 2007 No 27, Sch 2.5; 2007 No 92, Sch 1 [3] [4]; 2009 No 48, Sch 1 [1]; 2011 No 72, Sch 5.1 [1] [2]; 2013 No 100, Sch 1 [2]–[5]; 2017 No 20, Sch 2.1 [1]; 2018 No 8, Sch 1 [1]; 2020 No 30, Sch 3.9; 2022 No 36, Sch 1[1] [2]; 2022 No 59, Sch 3.8.

3A Meaning of “close associate”

3A Meaning of “close associate”

(1) In this Act, a close associate, of a casino operator or an applicant for a casino licence, means—

(a) a related body corporate of the casino operator or applicant, or

(b) a person who holds an interest of 10% or more of the share capital in—

(i) the casino operator or applicant, or

(ii) a related body corporate of the casino operator or applicant, or

(c) a director or officer of—

(i) the casino operator, or

(ii) a related body corporate of the casino operator or applicant, or

(iii) a person who holds an interest of 10% or more of the share capital in—

(A) the casino operator or applicant, or

(B) a related body corporate of the casino operator or applicant, or

(d) a person who—

(i) holds or will hold a relevant financial interest, or is or will be entitled to exercise relevant power, whether in the person’s own right or on behalf of another person, in the casino operator’s or applicant’s business that is or will be carried on under the authority of the licence, and

(ii) because of that interest or power is or will be able, in the NICC’s opinion, to exercise a significant influence over or in relation to the management or operation of the business, or

(e) a person who holds or will hold a relevant position, whether in the person’s own right or on behalf of another person, in the casino operator’s or applicant’s business that is or will be carried on under the authority of the licence.

(2) For this section, a financial institution is not a close associate by reason only of having a relevant financial interest in relation to a business.

(3) In this section—

officer, of a related body corporate, has the same meaning as in the Corporations Act 2001 of the Commonwealth.

relevant financial interest, in relation to a business, means—

(a) a share in the capital of the business, or

(b) an entitlement to receive income derived from the business or to receive another financial benefit or financial advantage from the carrying on of the business, whether the entitlement arises at law, in equity or otherwise, or

(c) an entitlement to receive rent, profit or other income in connection with the use or occupation of premises on which the business of the casino is carried on.

relevant position means—

(a) the position of director, manager or secretary, or

(b) another position, however designated, if it is an executive position.

relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—

(a) to participate in a directorial, managerial or executive decision, or

(b) to elect or appoint a person to a relevant position.

s 3A: Ins 2022 No 36, Sch 1[3].

4 Gaming in licensed casino declared lawful

4 Gaming in licensed casino declared lawful

(1) Despite the provisions of any other Act or law but subject to this Act, the conduct and playing of a game and the use of gaming equipment is lawful when the game is conducted and the gaming equipment is provided in a casino by or on behalf of the casino operator (that is, the holder of the licence for that casino under this Act).

(2) The Unlawful Gambling Act 1998 and the Community Gaming Act 2018 do not apply to the conduct and playing of a game and the use of gaming equipment when the game is conducted and the gaming equipment is provided in a casino by or on behalf of the casino operator and in accordance with this Act, except to the extent (if any) that the regulations otherwise provide.

(3) This section does not operate to validate or render enforceable a contract relating to gaming that would, apart from this section, be invalid or unenforceable.

(4) Despite subsection (3), a contract to which that subsection refers and to which a casino operator is a party is enforceable against the casino operator.

(5) The conduct of operations in a casino in accordance with this Act and the conditions of the casino licence is not of itself a public or private nuisance.

s 4: Am 1998 No 113, Sch 2.3 [1]; 2013 No 100, Sch 1 [6] [7]; 2018 No 60, Sch 2.1.

4A Primary objects of Act

4A Primary objects of Act

(1) Among the primary objects of this Act are—

(a) ensuring that the management and operation of a casino remain free from criminal influence or exploitation, and

(a1) ensuring that each casino operator prevents money laundering and terrorism financing activities within the operations of the casino, and

(b) ensuring that gaming in a casino is conducted honestly, and

(b1) minimising harm to individuals and families from activities associated with gambling in casinos, and

(c) containing and controlling the potential of a casino to cause harm to the public interest and to individuals and families.

(2) All persons having functions under this Act are required to have due regard to the objects referred to in subsection (1) when exercising those functions.

s 4A: Ins 2001 No 27, Sch 2 [1]. Am 2022 No 36, Sch 1[4] [5].

4B Obligations in relation to assessment of suitability

4B Obligations in relation to assessment of suitability

(1) This section applies if, under this Act, the NICC is required to be satisfied of, or form an opinion about, the suitability of an applicant for a licence, a casino operator, a close associate, a special employee or another person (all relevant persons)—

(a) to be concerned in or associated with the management or operation of a casino, or

(b) to give effect to a casino licence and this Act.

(2) The onus is on the relevant person to—

(a) give the NICC clear and convincing evidence of the relevant person’s suitability in relation to the assessment to be made by the NICC, and

(b) make a full and frank disclosure of any information relevant to the assessment, including any information requested by the NICC in relation to the assessment.

s 4B: Ins 2022 No 36, Sch 1[6].

5

5, 5A (Repealed)

Part 2 Licensing of casino and Barangaroo restricted gaming facility

Part 2 Licensing of casino and Barangaroo restricted gaming facility

pt 2, hdg: Am 2013 No 100, Sch 1 [9].

6 Restriction on number of casino licences

6 Restriction on number of casino licences

(1) A maximum of 2 casino licences may be in force under this Act at a particular time.

(2) If 2 casino licences are in force at a particular time, 1 of the licences must be a restricted gaming licence granted to operate the Barangaroo restricted gaming facility.

(3) A casino licence may apply to 1 casino only.

s 6: Am 2013 No 100, Sch 1 [10] [11]. Subst 2022 No 36, Sch 1[8].

7 Ministerial directions as to requirements for casino

7 Ministerial directions as to requirements for casino

(1) The Minister may from time to time give a direction in writing to the NICC as to any of the following matters—

(a) the permissible location for a casino,

(b) the required size and style of a casino,

(c) the development required to take place in conjunction with the establishment of a casino, such as the development of a hotel or other complex of which a casino is to form part,

(d) any other prescribed matter concerning the establishment of a casino.

(2) Before giving a direction on any matter to the NICC, the Minister is to call for a report on the matter from the NICC and is to consider the NICC’s report.

(3) A direction as to the permissible location for a casino must not specify a particular site unless the site is vested in the Crown or the Crown has the exclusive right of occupation of the site.

(4) The Minister may vary or revoke a direction by a further direction in writing to the NICC.

(5) The NICC must exercise its functions under this Act in respect of the grant of a casino licence, the conduct of negotiations and the entering into of agreements in a manner that is consistent with the directions of the Minister under this section.

8 Gaming machines in casino

8 Gaming machines in casino

(1) Before directing the NICC to invite expressions of interest under section 9, the Minister is to establish an inquiry into the likely effect of the availability of gaming machines in a casino on the operations and viability of the registered club and hotel industries.

(2) The Minister may then give a direction in writing to the NICC as to whether or not and to what extent (if any) gaming machines are to be available in a casino.

(3) The Minister may vary or revoke a direction by a further direction in writing to the NICC.

(4) The NICC must exercise its functions so as to give effect to a direction by the Minister under this section.

(5) (Repealed)

s 8: Am 1997 No 137, Sch 1 [1] [2]; 2007 No 92, Sch 1 [5]; 2022 No 36, Sch 1[9].

9 NICC may invite expressions of interest

9 NICC may invite expressions of interest

(1) At the direction of the Minister, the NICC is to publicly invite expressions of interest for the establishment and operation of a casino and may provide information concerning the requirements for the casino to any person who expresses interest.

(2) The same information is to be provided to the persons who express interest in a particular casino, so as not to advantage or disadvantage any interested person.

(3) The invitation must be in terms that are consistent with any applicable directions of the Minister under section 7.

(4) The invitation need not relate solely to the establishment and operation of a casino but may also relate to any other matter that the NICC considers relevant, such as the development of a hotel or other complex of which the casino is to form part.

(5) The NICC is entitled to charge a fee for the provision of information under this section and persons provided with information are to be charged the same fee.

(6) The NICC is not to invite expressions of interest except at the direction of the Minister but the fact that the Minister has directed that expressions of interest be invited does not necessarily mean that the Minister will direct the NICC to invite applications for a casino licence.

10 Application for casino licence

10 Application for casino licence

(1) At the direction of the Minister, the NICC is to publicly invite applications for a casino licence and must not invite applications except at the direction of the Minister.

(2) The invitation must be in terms that are consistent with any applicable directions of the Minister under section 7.

(3) A person is not entitled to make an application for a casino licence unless and until the NICC invites applications and is only entitled to make an application that conforms with the terms of the NICC’s invitation.

(4) Unless the NICC otherwise permits in a particular case, an application must comply with the following requirements—

(a) it must be made in a form approved by the NICC,

(b) it must be accompanied by such fee as may be determined by the NICC in respect of applications for the licence concerned,

(c) it must contain or be accompanied by such information as the application form requires and such additional information as the NICC may request.

(5) An application must be verified by statutory declaration.

(6) The NICC may, at its discretion, refund the whole or any part of an application fee if the application is not successful.

11 Matters to be considered in determining applications

11 Matters to be considered in determining applications

In considering an application for a casino licence, the NICC is to have regard to the following matters—

(a) the requirements of section 12 (Suitability of applicant and close associates of applicant),

(b) the standard and nature of the proposed casino, and the facilities to be provided in, or in conjunction with, the proposed casino,

(c) the likely impact of the use of the premises concerned as a casino on tourism, employment and economic development generally in the place or region in which the premises are located,

(d) the expertise of the applicant, having regard to the obligations of the holder of a casino licence under this Act,

(e) such other matters as the NICC considers relevant.

12 Suitability of applicant and close associates of applicant

12 Suitability of applicant and close associates of applicant

(1) The NICC must not grant an application for a casino licence unless satisfied that the applicant, and each close associate of the applicant, is a suitable person to be concerned in or associated with the management and operation of a casino.

(2) For that purpose the NICC is to consider whether—

(a) each of those persons is of good repute, having regard to character, honesty and integrity, and

(b) each of those persons is of sound and stable financial background, and

(c) in the case of an applicant that is not a natural person, it has or has arranged a satisfactory ownership, trust or corporate structure, and

(d) the applicant has or is able to obtain financial resources that are both suitable and adequate for ensuring the financial viability of the proposed casino, and

(e) the applicant has or is able to obtain the services of persons who have sufficient experience in the management and operation of a casino, and

(f) the applicant has sufficient business ability to establish and maintain a successful casino, and

(g) any of those persons has any business association with any person, body or association who, in the opinion of the NICC, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial sources, and

(h) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the NICC to be associated or connected with the ownership, administration or management of the operations or business of the applicant or a close associate of the applicant is a suitable person to act in that capacity.

13 Application for restricted gaming licence

13 Application for restricted gaming licence

(1) A person who is approved by the Minister in writing (the approved applicant) may apply to the NICC for a restricted gaming licence to operate the Barangaroo restricted gaming facility.

(2) An application for a restricted gaming licence must comply with the following requirements (except to the extent that the Minister otherwise determines)—

(a) it must be made in a form approved by the NICC,

(b) it must contain or be accompanied by such information as the application form requires and such additional information as the NICC may request,

(c) it must be verified by statutory declaration.

s 13: Rep 2007 No 92, Sch 1 [6]. Ins 2013 No 100, Sch 1 [12].

13A Restricted gaming licence—suitability of applicant and close associates of applicant

13A Restricted gaming licence—suitability of applicant and close associates of applicant

(1) The NICC must not grant an application for a restricted gaming licence unless it is satisfied that the approved applicant, and each close associate of the approved applicant, is a suitable person to be concerned in or associated with the management and operation of the Barangaroo restricted gaming facility.

(2) For that purpose, the NICC is to consider whether—

(a) each of those persons is of good repute, having regard to character, honesty and integrity, and

(b) each of those persons is of sound and stable financial background, and

(c) if the approved applicant is not a natural person, it has or has arranged a satisfactory ownership, trust or corporate structure, and

(d) the approved applicant has or is able to obtain financial resources that are both suitable and adequate for ensuring the financial viability of the Barangaroo restricted gaming facility, and

(e) the approved applicant has or is able to obtain the services of persons who have sufficient experience in the management and operation of a casino or similar gaming facility, and

(f) the approved applicant has sufficient business ability to maintain a successful gaming facility, and

(g) any of those persons has any business association with any person, body or association who, in the opinion of the NICC, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial sources, and

(h) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the NICC to be associated or connected with the ownership, administration or management of the operations or business of the approved applicant or a close associate of the approved applicant is a suitable person to act in that capacity.

(3) The following is to be taken into account by the NICC for the purposes of this section—

(a) any information relevant to the application that has been provided to or received by the NICC in the course of any investigation or inquiry in relation to the suitability of the approved applicant or close associate of the approved applicant and any findings made in relation to any such investigation or inquiry,

(b) the fact that gaming is not authorised in the Barangaroo restricted gaming facility before 15 November 2019.

s 13A: Ins 2013 No 100, Sch 1 [12].

14 Investigation of applications

14 Investigation of applications

(1) On receiving an application for a casino licence the NICC must carry out all such investigations and inquiries as it considers necessary to enable it to consider the application properly.

(2) In particular, the NICC—

(a) may require any person it is investigating in relation to the person’s suitability to be concerned in or associated with the management or operation of a casino or the Barangaroo restricted gaming facility (as the case requires) to consent to having his or her photograph, finger prints and palm prints taken, and

(b) must refer to the Commissioner of Police details of the persons the NICC is investigating, copies of any photographs, finger prints and palm prints taken and any supporting information that the NICC considers appropriate for referral to the Commissioner.

(3) The Commissioner of Police is to inquire into and report to the NICC on such matters concerning the application as the NICC may request.

(4) The NICC may refuse to consider an application for a casino licence while any person from whom it requires a photograph, finger prints or palm prints under this section refuses to allow his or her photograph, finger prints or palm prints to be taken.

s 14: Am 2001 No 27, Sch 1 [4]; 2013 No 100, Sch 1 [13] [14]; 2022 No 36, Sch 1[10].

15 NICC may require further information etc

15 NICC may require further information etc

(1) The NICC may, by notice in writing, require a person who is an applicant for a casino licence or who, in the opinion of the NICC, has some association or connection with the applicant that is relevant to the application to do any one or more of the following things—

(a) to provide, in accordance with directions in the notice, such information, verified by statutory declaration, as is relevant to the investigation of the application and is specified in the notice,

(b) to produce, in accordance with directions in the notice, such records relevant to investigation of the application as are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them,

(c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b),

(d) to furnish to the NICC such authorities and consents as the NICC directs for the purpose of enabling the NICC to obtain information (including financial and other confidential information) from other persons concerning the person and his or her associates or relations.

(2) If a requirement made under this section is not complied with, the NICC may refuse to consider the application concerned.

(3) A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.

s 15: Am 2013 No 100, Sch 1 [13]; 2022 No 36, Sch 1[11].

16 Cost of investigations to be paid by applicant

16 Cost of investigations to be paid by applicant

(1) The reasonable costs incurred by the NICC in investigating and inquiring into an application for a casino licence are payable to the Secretary by the applicant, unless the NICC determines otherwise in a particular case.

(2) The NICC may require part or full payment in advance of the amount it estimates will be payable by the applicant and may refuse to deal with the application until the required payment is made.

(3) Investigation and inquiry costs may include travelling expenses within or outside the State.

(4) It is a condition of any licence granted to the applicant that any amount payable under this section by the applicant is paid.

s 16: Am 2001 No 27, Sch 1 [5]; 2013 No 100, Sch 1 [13]; 2017 No 20, Sch 2.1 [2]; 2022 No 36, Sch 1[12].

17 Updating of applications

17 Updating of applications

(1) If a change occurs in the information provided in or in connection with an application for a casino licence before the application is determined, the applicant must as soon as possible give the NICC written particulars of the change verified by statutory declaration.

Maximum penalty—500 penalty units.

(2) Particulars of any change given by the applicant are then to be considered to have formed part of the original application for the purposes of the application of subsection (1) to any further change in the information provided.

(3) This section does not apply to a change in information if the NICC has notified the applicant in writing that the NICC does not require particulars of any change in the information concerned or does not require particulars of the type of change concerned.

s 17: Am 2013 No 100, Sch 1 [13]; 2022 No 36, Sch 1[13] [14].

18 Determination of applications

18 Determination of applications

(1) The NICC is to determine an application by either granting a casino licence to the applicant or declining to grant a licence, and is to inform the applicant accordingly.

(2) A licence may be granted subject to such conditions as the NICC thinks fit.

(3) The NICC is not required to give reasons for its decision on an application but may give reasons if it thinks fit.

(4) If a licence is granted, it is granted on the terms (including a term as to the period for which it is in force), subject to the conditions and for the location specified in the licence.

(5) A licence is also subject to conditions imposed by this Act.

s 18: Am 2013 No 100, Sch 1 [15].

19 NICC to define casino premises

19 NICC to define casino premises

(1) The boundaries of a casino are to be defined initially by being specified in the casino licence.

(2) The boundaries of a casino may be redefined by the NICC—

(a) on its own initiative, or

(b) on the application of the casino operator.

(2A) The NICC is not to redefine the boundaries of a casino on its own initiative unless it—

(a) notifies the casino operator in writing of the proposed change and gives the casino operator at least 14 days to make submissions to the NICC on the proposal, and

(b) takes any such submissions into consideration before deciding whether to redefine the boundaries.

(3) The redefining of the boundaries of a casino takes effect when the NICC gives written notice of it to the casino operator or on such later date as the notice may specify.

(4) This section does not apply in relation to the Barangaroo restricted gaming facility.

s 19: Am 2001 No 27, Sch 2 [2]; 2009 No 48, Sch 1 [2] [3]; 2013 No 100, Sch 1 [16].

19A Boundaries of Barangaroo restricted gaming facility

19A Boundaries of Barangaroo restricted gaming facility

(1) The boundaries of the Barangaroo restricted gaming facility are to be defined initially by being specified in the restricted gaming licence for the facility.

(2) The boundaries of the Barangaroo restricted gaming facility may be redefined by the NICC but only on application made at any time by the holder of the restricted gaming licence.

(3) In defining or redefining the boundaries of the Barangaroo restricted gaming facility, the NICC is—

(a) to have regard only to matters of public health and safety and matters that relate to the integrity of gaming in the facility in accordance with this Act, and

(b) to ensure that the total gaming area within the Barangaroo restricted gaming facility does not exceed 20,000 square metres.

s 19A: Ins 2013 No 100, Sch 1 [17].

20 Duration of casino licence

20 Duration of casino licence

A casino licence remains in force for the period for which it was granted, as specified in the licence, unless it is sooner cancelled or surrendered under this Act.

21 No proprietary right in casino licence

21 No proprietary right in casino licence

A casino licence confers no right of property and is incapable of being assigned or mortgaged, charged or otherwise encumbered.

22 Conditions of casino licence

22 Conditions of casino licence

(1) The conditions of a casino licence (whether as originally imposed or as amended) may relate to any matter for which provision is made by this Act but must not be inconsistent with a provision of this Act.

(2) The conditions of a casino licence may be amended by being substituted, varied, revoked or added to.

(2A) (Repealed)

(3) An amendment may be proposed—

(a) by the casino operator by requesting the NICC in writing to make the amendment, or

(b) by the NICC by giving notice in writing of the proposed amendment to the casino operator and giving the casino operator at least 14 days to make submissions to the NICC concerning the proposed amendment.

(4) Subject to subsection (2A), the NICC is to consider any submissions made by the casino operator and is then to decide whether to make the proposed amendment, either with or without changes from that originally proposed.

(5) The NICC is to notify the casino operator of its decision and any amendment that the NICC decides upon takes effect when notice of the decision is given to the casino operator or on such later date as may be specified in the notice.

(6) This section does not apply to licence conditions imposed by this Act.

s 22: Am 2013 No 100, Sch 1 [18]–[20]; 2022 No 36, Sch 1[15] [16].

22A Restrictions on gaming in Barangaroo restricted gaming facility

22A Restrictions on gaming in Barangaroo restricted gaming facility

Note.

Conducting or participating in gaming that is declared under this section not to be lawful is an offence under the Unlawful Gambling Act 1998. The conduct or playing of any game in the Barangaroo restricted gaming facility was not lawful before 15 November 2019.

(1) The installation or use of gaming machines is not lawful in the Barangaroo restricted gaming facility other than gaming machines described in subsection (4).

(2), (3) (Repealed)

(4) For subsection (1), a gaming machine must be a device that—

(a) is designed for the playing of a partly or fully electronic version of a game ordinarily played at a table, and

(b) is able to be played by more than one player at the one time, and

(c) is equipped with more than one player terminal.

Note.

Under section 66 it is a condition of a casino licence that the casino operator must not permit a game to be conducted or played in a casino (which includes the Barangaroo restricted gaming facility) unless the game is approved by the NICC.

(5) Low limit gaming not lawful in Barangaroo restricted gaming facility The playing of any game in the Barangaroo restricted gaming facility is not lawful if the amount placed for any single bet or wager on that game is less than the minimum bet limit for that game.

(6) The minimum bet limit is—

(a) in the case of baccarat, blackjack or roulette (whether played at a table or by way of an electronic device)—

(i) $30 for baccarat, $20 for blackjack and $25 for roulette, or

(ii) such higher amount as may be determined by the NICC in accordance with the licence for the Barangaroo restricted gaming facility, or

Note.

In the case of roulette, the minimum bet limit is the minimum total of all the bets placed by a player per spin.

(b) in the case of any other game—the amount determined by the NICC in accordance with the licence for the Barangaroo restricted gaming facility.

(7) Any determination by the NICC under subsection (6) must be made publicly available on the NICC’s website.

s 22A: Ins 2013 No 100, Sch 1 [21]. Am 2022 No 36, Sch 1[17]–[19].

22B Only members and guests permitted to participate in gaming at Barangaroo restricted gaming facility

22B Only members and guests permitted to participate in gaming at Barangaroo restricted gaming facility

It is a condition of a restricted gaming licence that only persons who, in accordance with the conditions of the licence, are members or guests of the Barangaroo restricted gaming facility are authorised by the licence to participate in any gaming in the facility.

s 22B: Ins 2013 No 100, Sch 1 [21].

22C Casino operators to cooperate with NICC

22C Casino operators to cooperate with NICC

(1) A casino operator must, in the management and operation of the casino, cooperate with the NICC in relation to the NICC exercising its functions under this Act.

Maximum penalty—500 penalty units.

(2) Without limiting subsection (1), cooperation with the NICC includes—

(a) the full and frank disclosure by the casino operator of any information requested under this Act by the NICC, and

(b) a requirement for the casino operator to give the NICC written notice of any breach, or likely breach, of any of the following by the casino operator or a close associate of the casino operator—

(i) this Act,

(ii) the casino operator’s casino licence,

(iii) an agreement to which the Crown and a casino operator are parties, and

(c) a requirement for the casino operator to give the NICC written notice of any material breach, or likely material breach, of an Act of NSW or the Commonwealth that regulates casino operations, including provisions dealing with anti-money laundering or counter-terrorism financing, by—

(i) the casino operator, or

(ii) a holding company of the casino operator, or

(iii) any related bodies corporate of the casino operator that operate a casino in another jurisdiction.

(3) For subsection (2)(b) and (c), the written notice must be given as soon as practicable, but not later than 5 days after, the casino operator becomes aware of—

(a) the breach or likely breach, or

(b) the material breach or likely material breach.

s 22C: Ins 2022 No 36, Sch 1[20]. Am 2023 No 35, Sch 1.3[1].

23 Disciplinary action against casino operator

23 Disciplinary action against casino operator

(1) In this section—

disciplinary action means any one or more of the following actions in relation to a casino licence—

(a) the cancellation or suspension of the licence,

(b) the imposition on the casino operator of a pecuniary penalty of up to $100 million,

(c) the amendment of the terms or conditions of the licence (other than under section 22),

(c1) a requirement that a casino operator, or a close associate of a casino operator, give an undertaking (an enforceable undertaking) to do or refrain from doing something,

(d) the issue of a letter of censure to the casino operator.

grounds for disciplinary action means any one or more of the following grounds in respect of a casino licence—

(a) that the licence was improperly obtained in that, at the time the licence was granted, there were grounds for declining to grant it,

(b) that the casino operator, a person in charge of the casino, an agent of the casino operator or a casino employee has contravened a provision of this Act or a condition of the licence,

(c) that the casino premises are, for specified reasons, no longer suitable for the conduct of casino operations,

(d) that the casino operator is, for specified reasons, considered to be no longer a suitable person to give effect to the licence and this Act,

(e) that for specified reasons, it is considered to be no longer in the public interest that the licence should remain in force.

(2) The NICC may serve on the casino operator a notice in writing affording the casino operator an opportunity to show cause within 14 days why disciplinary action should not be taken against the casino operator on grounds for disciplinary action specified in the notice.

(3) The casino operator may, within the period allowed by the notice, arrange with the NICC for the making of submissions to the NICC as to why disciplinary action should not be taken and the NICC is to consider any submissions so made.

(4) The NICC may then decide that it is appropriate that certain disciplinary action be taken against the casino operator and may either—

(a) take that disciplinary action by giving written notice of the action to the casino operator, or

(b) as an alternative to taking that disciplinary action, take action under section 24.

(5) Disciplinary action may be taken against a person whether or not the person has been prosecuted, convicted or penalised for any contravention that is the grounds for the action.

(6) Disciplinary action takes effect when notice of it is given or on a later date specified in the notice.

(7) The NICC is not to take action under this section unless a member of the NICC who is or has been a Judge, or is an Australian lawyer of at least 7 years’ standing, is present at the meeting of the NICC at which the decision to take the action is made.

s 23: Am 1995 No 56, Sch 1 [1]; 2006 No 30, Sch 9.4; 2022 No 36, Sch 1[21]–[24].

24 Rectification order as alternative to disciplinary action

24 Rectification order as alternative to disciplinary action

(1) As an alternative to taking disciplinary action against a casino operator under section 23, the NICC may direct the operator in writing to take specified action within a specified time to rectify the matter which constitutes the grounds for disciplinary action concerned.

(2) If a casino operator fails to take the specified action within the specified time, the NICC may proceed to take the relevant disciplinary action by giving written notice of the action to the operator, and the action takes effect when the notice is given or on a later date specified in the notice.

25 Effect of suspension of licence

25 Effect of suspension of licence

(1) While a casino licence is suspended, it is of no effect for the purposes of section 4 (Gaming in licensed casino declared lawful) but is to be considered to be in force for all other purposes.

(2) The NICC may, at any time, terminate or reduce a period of suspension of a casino licence.

26 Recovery of pecuniary penalty

26 Recovery of pecuniary penalty

(1) A pecuniary penalty that has been imposed on a casino operator under section 23 may be recovered by the Secretary on behalf of the State in a court of competent jurisdiction as a debt due to the Crown.

(2) Proceedings to recover such a penalty may be instituted within 6 years after the occurrence of the matter which constituted the grounds for disciplinary action in respect of which the penalty was imposed.

s 26: Am 2017 No 20, Sch 2.1 [3].

26A Enforceable undertakings

26A Enforceable undertakings

(1) This section applies if a casino operator, or a close associate of a casino operator, has given an enforceable undertaking.

(2) The enforceable undertaking may be varied or withdrawn—

(a) at the request of the person who gave the undertaking, and

(b) with the consent of the NICC.

(3) The NICC may publish the enforceable undertaking, in the way the NICC considers appropriate, unless the NICC considers—

(a) the undertaking includes matters that are commercial in confidence, or

(b) publication of the undertaking would be not be in the public interest, or

(c) the undertaking includes personal information that cannot be easily redacted or the redaction of the information would make the publication of the undertaking meaningless.

(4) If the NICC is satisfied that the person who gave the enforceable undertaking has, without reasonable excuse, failed to comply with the undertaking, the NICC may certify the failure to the Supreme Court.

(5) The Supreme Court may then inquire into the case and—

(a) order the person to comply with the enforceable undertaking within a period specified by the Court, or

(b) if the Court is satisfied the person failed, without reasonable excuse, to comply with the enforceable undertaking—punish the person as if the person were in contempt of the Court and, if the Court thinks fit, also make an order under paragraph (a).

s 26A: Ins 2022 No 36, Sch 1[25].

27 Surrender of licence

27 Surrender of licence

(1) A casino operator may surrender the casino licence by giving notice in writing to the NICC.

(2) The surrender takes effect only if the NICC consents to the surrender.

28 Appointment of a manager if licence suspended, cancelled or surrendered

28 Appointment of a manager if licence suspended, cancelled or surrendered

(1) If a casino licence is suspended, cancelled or surrendered, the NICC may, if it is satisfied that it is in the public interest to do so, by instrument in writing appoint a person to be the manager of the casino for the purposes of this section.

(2) In appointing a person to be the manager, the NICC must have regard to the suitability of the person.

(3) The manager is to be appointed on such terms and conditions as the NICC thinks fit.

(4) The appointment of the manager may be terminated at any time by the NICC and is in any case terminated 90 days after appointment unless in a particular case the appointment is extended by the regulations.

(5) The manager—

(a) is to be considered to be the holder of a casino licence (including for the purposes of section 6) granted on the same terms and subject to the same conditions as the suspended, cancelled or surrendered licence (as in force immediately before the suspension, cancellation or surrender) with such modifications as the NICC may direct, and

(b) is to assume full control of and responsibility for the business of the casino operator in respect of the casino, and

(c) is to conduct or cause to be conducted casino operations in accordance with this Act, and

(d) has, in connection with the conduct of those operations, all the functions of the operator.

(6) The regulations may make provision for or with respect to the functions of the manager of a casino appointed under this section.

(7) The following provisions have effect in respect of the net earnings of a casino while operations in the casino are being conducted by a manager under this section—

(a) no payment of net earnings is to be made to the holder of the suspended, cancelled or surrendered licence (the former operator) without the prior approval of the NICC,

(b) the former operator is entitled to a fair rate of return out of net earnings (if any) on any property of the former operator retained by the manager,

(c) the NICC may in its discretion direct that all or any part of net earnings (other than that to which the former operator is entitled under paragraph (b)) is to be paid into the Consolidated Fund, with any balance to be paid to the former operator.

Part 3 Supervision and control of casino operators and close associates

Part 3 Supervision and control of casino operators and close associates

pt 3, hdg: Am 2022 No 36, Sch 1[26].

Division 1 Directions, investigations etc

Division 1 Directions, investigations etc

29 Directions to operator

29 Directions to operator

(1) The NICC may give a casino operator a written direction that relates to the conduct, supervision or control of operations in the casino.

(2) It is a condition of a casino licence that the casino operator must comply with such a direction as soon as it takes effect.

(3) The direction takes effect when the direction is given to the casino operator or on a later date specified in the direction.

(4) The power conferred by this section includes a power to give a direction to a casino operator to adopt, vary, cease or refrain from any practice in respect of the conduct of casino operations.

(5) A direction under this section is not to be inconsistent with this Act or the conditions of the casino licence.

30 General investigations

30 General investigations

(1) The NICC is to investigate a casino from time to time and at any time that the NICC thinks it desirable or when directed to do so by the Minister.

(2) The investigation may relate to (but is not limited to) any of the following matters—

(a) the casino and operations in the casino,

(b) the casino operator or a person who, in the opinion of the NICC, is an associate of the casino operator,

(c) a person or persons who in the opinion of the NICC could affect the exercise of functions in or in relation to the casino,

(d) a person or persons who, in the opinion of the NICC, could be in a position to exercise direct or indirect control over the casino operator, or an associate of the casino operator, in relation to functions in or in relation to the casino.

(3) The NICC may make a report to the Minister on the results of such an investigation if it thinks it desirable to do so and must make such a report if the investigation was made at the direction of the Minister.

(4) The NICC is to take whatever action under this Act it considers appropriate in the light of the results of an investigation.

31 Review of casino licence and operator suitability

31 Review of casino licence and operator suitability

(1) The NICC must, at intervals not exceeding 5 years, review a casino licence by investigating and forming an opinion as to whether or not—

(a) the casino operator is a suitable person to continue to give effect to the casino licence and this Act, and

(b) it is in the public interest that the casino licence should continue in force.

(1A) A review is to be carried out—

(a) by way of an inquiry held under section 143, and

(b) into each casino operator concurrently.

(1B) The reasonable costs incurred in relation to a review are to be paid by the casino operators, with each casino operator to pay the proportion of the costs decided by the NICC, having regard to the effort involved in investigating each operator and the findings of the review.

(1C) The NICC may require a casino operator to pay an amount towards the reasonable costs of the review before the review starts and during the period in which the review is held.

(1D) If the amount paid by a casino operator under subsection (1C) is more than the amount calculated under subsection (1B) at the end of the review to be payable by the operator, the NICC must refund the excess amount to the operator.

(2) The NICC is to report its findings and opinion on a review under this section to the Minister, giving reasons for its opinion, and is to take any action under this Act that it considers appropriate in light of its findings.

(3) The regulations may postpone or extend the intervals between reviews required under this section.

Note.

See Part 11 of Schedule 4 for the transitional arrangements for reviews under this section following the substitution of this section by the Casino Control Amendment Act 2018 (including the arrangements for the first review under this section of the restricted gaming licence).

s 31: Am 2009 No 48, Sch 1 [4]; 2013 No 100, Sch 1 [22]. Subst 2018 No 8, Sch 1 [2]. Am 2022 No 36, Sch 1[27].

32 Operator and associates may be required to provide information

32 Operator and associates may be required to provide information

(1) The NICC may, by notice in writing, require a casino operator or a person who, in the opinion of the NICC, is directly or indirectly associated with the operator—

(a) to provide the NICC or a key official, in accordance with directions in the notice, with such information relevant to the operator or that association or to the casino, or with such prescribed information, as is specified in the notice, or

(b) to produce to the NICC or a key official, in accordance with directions in the notice, such records relevant to the operator or that association or to the casino, or to prescribed matters, as are specified in the notice and to permit examination of those records, the taking of extracts from them and the making of copies of them, or

(c) to attend before the NICC or a key official for examination in relation to any matters relevant to the operator or that association or to the casino, or to prescribed matters, and to answer questions relating to those matters.

(2) A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.

(3) If records are produced under this section, the NICC or key official to whom they are produced may retain possession of the records for such period as may reasonably be necessary to permit examination of the records, the taking of extracts from them and the making of copies of them.

(4) At any reasonable times during the period for which records are retained, the NICC or key official must permit inspection of the records by a person who would be entitled to inspect them if they were not in the possession of the NICC or key official.

33 Failure to provide information etc is an offence and punishable as contempt

33 Failure to provide information etc is an offence and punishable as contempt

(1) A person who fails without reasonable excuse to comply with a requirement of a notice under section 32 is guilty of an offence.

Maximum penalty—

(a) for an individual—100 penalty units, or

(b) for a corporation—1,000 penalty units.

(2) A person is not excused from complying with a notice under section 32 on the ground that compliance might tend to incriminate the person.

(3) If the person claims in writing to the NICC, before complying with the notice, that compliance might tend to incriminate the person, information provided in compliance with the notice is not admissible in criminal proceedings against the person except proceedings for the offence of providing false or misleading information in purported compliance with the notice.

(4) If the NICC is satisfied that a person has, without reasonable excuse, failed to comply with a requirement of a notice under section 32, the NICC may certify the failure to the Supreme Court.

(5) The Supreme Court may then inquire into the case and—

(a) order the person to comply with the requirement within a period specified by the Court, or

(b) if the Court is satisfied that the person failed, without reasonable excuse, to comply with the requirement—punish the person as if the person were in contempt of the Court and, if it thinks fit, also make an order under paragraph (a).

s 33: Am 2022 No 36, Sch 1[28].

34 Injunctions to prevent contraventions etc

34 Injunctions to prevent contraventions etc

(1) If the Supreme Court is satisfied on the application of the NICC that a relevant person has engaged or is proposing to engage in conduct that constitutes or would constitute—

(a) a contravention of a provision of this Act or of a condition of the casino licence, or

(b) attempting to contravene such a provision, or

(c) aiding, abetting, counselling or procuring a person to contravene such a provision, or

(d) inducing, or attempting to induce, whether by threats or promises or otherwise, a person to contravene such a provision,

(e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision, or

(f) conspiring with others to contravene such a provision,

the Court may grant an injunction in such terms as the Court determines to be appropriate.

(2) If in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of the application.

(3) The Court may rescind or vary an injunction granted under this section.

(4) The power of the Court to grant an injunction restraining a person from engaging in conduct may be exercised—

(a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind, and

(b) whether or not the person has previously engaged in conduct of that kind, and

(c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind.

(5) The power of the Court to grant an injunction requiring a person to do an act or thing may be exercised—

(a) whether or not it appears to the Court that the person intends to fail again, or to continue to fail, to do that act or thing, and

(b) whether or not the person has previously failed to do that act or thing, and

(c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person fails to do that act or thing.

(6) When the NICC makes an application to the Court for the grant of an injunction under this section, the Court is not to require the NICC or any other person, as a condition of granting an interim injunction, to give any undertakings as to damages.

(7) In this section—

relevant person means the following—

(a) a casino operator,

(b) a close associate of a casino operator,

(c) another person who is the subject of a provision of this Act or a condition of a casino licence, including a person who is proposing to become a close associate of a casino operator.

s 34: Am 2022 No 36, Sch 1[29] [30].

35 Change in state of affairs of operator

35 Change in state of affairs of operator

(1) In this section—

major change in the state of affairs existing in relation to a casino operator means—

(a) any change in that state of affairs which results in a person becoming a close associate of the casino operator, or

(b) any other change in that state of affairs which is of a class or description prescribed as major for the purposes of this section.

minor change in the state of affairs existing in relation to a casino operator means any change in that state of affairs that is prescribed as a minor change for the purposes of this section.

(2) It is a condition of a casino licence that the casino operator must—

(a) ensure a major change in the state of affairs existing in relation to the casino operator that is within the operator’s power to prevent does not occur other than with the prior written approval of the NICC, and

(b) notify the NICC in writing of the likelihood of any major change in the state of affairs existing in relation to the operator to which paragraph (a) does not apply as soon as practicable after the operator becomes aware of the likelihood of the change, and

(c) notify the NICC in writing of any major change in the state of affairs existing in relation to the operator to which paragraphs (a) and (b) do not apply within 3 days after becoming aware that the change has occurred, and

(d) notify the NICC in writing of any minor change in the state of affairs existing in relation to the operator within 14 days after becoming aware that the change has occurred.

(2A) For subsection (2)(a), if the major change in the state of affairs can be prevented by a holding company of the casino operator, the major change is taken to be within the operator’s power to prevent.

(3) If a major change involves a person becoming a close associate of a casino operator, the NICC must not grant approval for the major change unless the NICC is satisfied—

(a) the person is a suitable person to be associated with the management of a casino, or

(b) the person holds an exemption under section 42A(2)(a) or would be eligible for the grant of an exemption under that paragraph.

(4) Sections 14, 15, 17 and 18 apply to and in respect of an application for approval under this section in the same way that they apply to and in respect of an application for a licence.

(5) If a major change is proposed or has occurred involving a person becoming a close associate of a casino operator and the approval of the NICC to the change is not required—

(a) the NICC must inquire into the change to determine whether the NICC is satisfied the person—

(i) is a suitable person to be associated with the management of a casino, or

(ii) holds an exemption under section 42A(2)(a) or would be eligible for the grant of an exemption under that paragraph, and

(b) if it is not so satisfied, is to take such action as it considers appropriate.

s 35: Am 2022 No 36, Sch 1[31]–[33]; 2023 No 46, Sch 1[1] [2].

35A Cost of investigations into certain major changes

35A Cost of investigations into certain major changes

(1) This section applies to a major change referred to in section 35 that is proposed or has occurred.

(2) The reasonable costs incurred by the NICC in—

(a) investigating and inquiring into an application for an approval under section 35 in relation to a major change to which this section applies, or

(b) inquiring into a major change to which this section applies, where such an approval is not required,

are payable to the Secretary, unless the NICC determines otherwise in a particular case.

(3) The costs are so payable—

(a) by the casino operator, except in so far as paragraph (b) applies, or

(b) by the person who would become or has become a close associate of the casino operator, to the extent that the NICC is of the opinion that the casino operator is not responsible for the major change.

(4) The costs may include—

(a) travel, whether within or outside the State, and

(b) expenses involved in engaging external legal, financial or other expert advice or assistance.

(5) In the case of an application for approval under section 35, the NICC may require part or full payment in advance of the amount of costs it estimates will be payable to the Secretary by the applicant and may refuse to deal with the application until the required payment is made.

(6) It is a condition of a casino licence that any amount payable under this section by the holder of the licence is paid.

s 35A: Ins 1997 No 137, Sch 1 [3]. Am 2001 No 27, Sch 1 [6]; 2017 No 20, Sch 2.1 [4] [5]; 2022 No 36, Sch 1[34] [35].

Division 2 Contracts

Division 2 Contracts

36 Definitions

36 Definitions

In this Division—

contract includes any kind of agreement or arrangement.

controlled contract means—

(a) a contract that relates to the supply or servicing of gaming equipment that has been approved by the NICC under section 68 (1), not being a contract or a contract of a class that is prescribed by the regulations as exempt from this definition, or

(a1) a contract for the engagement of a compliance auditor for a casino, or

(b) a contract, or class of contracts, that, in the opinion of the NICC, is materially significant to the integrity of the operation of a casino and that the NICC declares, by notice in writing to the casino operator, to be a controlled contract.

s 36: Am 2010 No 16, Sch 1 [1]; 2018 No 8, Sch 1 [3]; 2022 No 36, Sch 1[36].

37 Requirements for controlled contracts

37 Requirements for controlled contracts

(1) A casino operator must not enter into or become a party to a controlled contract, or the variation of a controlled contract, relating to the casino until the operator has given the NICC written notice (contract notice) of the details of the proposed contract or variation of contract and the investigation time that the NICC is allowed by this section has elapsed. The contract notice must be accompanied by the prescribed fee.

Maximum penalty—500 penalty units.

(2) The NICC may object to the proposed contract or variation of contract by notice in writing given to the casino operator during the investigation time that the NICC is allowed by this section, in which case the casino operator must not enter into or become a party to the contract or variation of contract.

(3) The purpose of an investigation under this section is to assess the suitability of all parties proposing to enter into the controlled contract, or the variation of a controlled contract, with the casino operator, including whether there are any financial, criminal or other issues of concern with any of the parties.

(4) The investigation must be completed within 12 weeks after the contract notice was given to the NICC.

(5) A casino operator must, if the casino operator becomes aware of a change in a party to a controlled contract with the casino operator that would or may affect the suitability of the party, advise the NICC by written notice of the change.

Maximum penalty—500 penalty units.

(6) It is a condition of a casino licence that the casino operator must comply with this section but a failure to comply with this section does not affect the validity of any contract or variation of contract.

s 37: Subst 1995 No 56, Sch 1 [2]. Am 2022 No 36, Sch 1[37] [38].

37A Interim approval of controlled contract

37A Interim approval of controlled contract

(1) While the NICC is considering a contract notice given by a casino operator in relation to approval to enter into or become a party to a controlled contract, or the variation of a controlled contract, the NICC may issue the casino operator with an interim approval of the controlled contract or variation.

(2) An interim approval—

(a) stays in force until a decision about the contract notice has been finally decided, unless earlier revoked by the NICC under section 37B(2), and

(b) is not to be taken as an indication the NICC will give approval for the casino operator to enter into or become a party to a controlled contract, or the variation of the controlled contract.

s 37A: Ins 1995 No 56, Sch 1 [2]. Rep 2010 No 16, Sch 1 [2]. Ins 2022 No 36, Sch 1[39]. Am 2023 No 35, Sch 1.3[2].

37B Revocation of interim approval of controlled contract

37B Revocation of interim approval of controlled contract

(1) This section applies if, after the NICC issues a casino operator with an interim approval of a controlled contract or a variation of a controlled contract, the NICC—

(a) objects to the proposed contract or variation, and

(b) proposes to revoke the interim approval.

(2) The NICC may, by written notice given to each of the parties to the proposed contract or variation—

(a) advise the parties that the NICC proposes to revoke the interim approval, and

(b) invite the parties to provide written submissions to the NICC within the period specified in the notice, not less than 14 days after the day the notice is given to the parties, about why the interim approval should not be revoked.

(3) After considering any written submissions made under subsection (2)(b), the NICC must decide—

(a) to revoke the interim approval, or

(b) not to revoke the interim approval.

(4) As soon as practicable after making its decision under subsection (3), the NICC must give written notice of the decision to each of the parties to the proposed contract or variation.

(5) If the NICC’s decision is to revoke the interim approval, the notice may include a requirement that—

(a) the casino operator must not enter into, or otherwise become a party to, the proposed contract or proposed variation to the contract, or

(b) for an existing contract—the contract be terminated within a specified period.

s 37B: Ins 2022 No 36, Sch 1[39]. Am 2023 No 7, Sch 2.2[1].

38 Requirement may be extended to associates of casino operator

38 Requirement may be extended to associates of casino operator

(1) The NICC may, by notice in writing to a person who the NICC considers has some association or connection with a casino operator that is relevant to the operation or management of the casino, direct that section 37 is to apply to the person.

(2) Such a direction operates to apply section 37 to the person in the same way as it applies to the casino operator.

(3) If a person contravenes section 37 as so applying to the person, the person is guilty of an offence.

Maximum penalty—

(a) for an individual—100 penalty units, or

(b) for a corporation—1,000 penalty units.

s 38: Am 2022 No 36, Sch 1[40].

39 Notice to show cause why controlled contract should not be terminated

39 Notice to show cause why controlled contract should not be terminated

(1) The NICC may serve on each party to a controlled contract a notice in writing affording the party an opportunity to show cause within 14 days why the contract should not be terminated on the ground that it is not in the public interest for the contract to remain in force.

(2) The notice is to specify the reasons why it is considered that it is not in the public interest for the contract to remain in force.

(3) A party to the contract may, within the period specified in the notice, arrange with the NICC for the making of submissions as to why the contract should not be terminated.

(4) After considering any submissions so made, the NICC may, by notice in writing served on each party to the contract, require the contract to be terminated within a time specified in the notice.

(5) If the contract is not terminated as required by the notice it is terminated by force of this section.

40 Effect of termination

40 Effect of termination

If a contract is terminated in accordance with this Division—

(a) the termination does not affect a right acquired, or a liability incurred, before that termination by a person who was a party to the contract, as a result of the performance before that termination of any obligation imposed by the contract, and

(b) no liability for breach of contract is incurred by a person who was a party to the contract by reason only of that termination, and

(c) neither the Crown nor the NICC incurs any liability by reason of that termination.

41 Offence—giving effect to terminated contract

41 Offence—giving effect to terminated contract

A party to a contract terminated in accordance with this Division must not give any further effect to any part of the contract.

Maximum penalty—1,000 penalty units.

s 41: Am 2022 No 36, Sch 1[41].

42 Parties to contracts may be required to provide information

42 Parties to contracts may be required to provide information

Section 32 (Operator and associates may be required to provide information) applies in relation to a party to a controlled contract in the same way as it applies in relation to a casino operator.

s 42: Am 2010 No 16, Sch 1 [3].

Division 3 Close associates

Division 3 Close associates

pt 3, div 3: Ins 2022 No 36, Sch 1[42].

42A Requirement for approval of close associate

42A Requirement for approval of close associate

(1) A person must not be a close associate of a casino operator unless—

(a) the NICC has given approval for the person to become a close associate, and

(b) if the person holds a relevant position—the person holds a certificate of competency under section 64 for the functions that the close associate exercises.

Maximum penalty—

(a) for an individual—100 penalty units, or

(b) for a corporation—1,000 penalty units.

(2) Subsection (1) does not apply to a person to the extent the person—

(a) holds an exemption granted by the NICC, by written notice given to the person, from the requirement to obtain an approval under this Division, or

(b) held an exemption mentioned in paragraph (a) before it was revoked and it is not more than 28 days since the exemption was revoked, or

(c) is a close associate under an interim approval, or

(d) was a close associate under an interim approval before it was revoked and it is not more than 28 days since the interim approval was revoked.

(3) For subsection (2)(a)—

(a) in deciding whether or not to grant an exemption, the NICC must have regard to the matters prescribed by the regulations, and

(b) an exemption may be granted subject to any conditions the NICC considers appropriate.

(4) In this section—

relevant position has the same meaning as in section 3A(3).

s 42A: Ins 2022 No 36, Sch 1[42]. Am 2023 No 7, Sch 2.2[2].

42B Application for approval of close associate

42B Application for approval of close associate

(1) An application for approval of a close associate must be made to the NICC.

(2) The application must—

(a) be made in a form approved by the NICC, and

(b) be accompanied by the fee decided by the NICC for the application, and

(c) contain or be accompanied by any information—

(i) required by the approved form, or

(ii) otherwise requested by the NICC.

(3) The application must be verified by statutory declaration.

(4) Sections 14, 15, 17 and 18 apply, with any necessary changes, to an application for approval of a close associate under this Division as if it were an application for a licence.

s 42B: Ins 2022 No 36, Sch 1[42].

42C Interim approval of close associate

42C Interim approval of close associate

(1) While the NICC is considering an application by a person for approval to become a close associate of a casino operator, the NICC may issue the person with an interim approval as a close associate for the following purposes—

(a) to enable the person to start employment with the casino operator,

(b) to enable commercial negotiations to start or continue.

(2) The NICC may, at any time and for any reason, revoke an interim approval.

(3) An interim approval—

(a) stays in force until a decision about the application for approval of a close associate has been finally decided, unless earlier revoked by the NICC under subsection (2), and

(b) is not to be taken as an indication the person will be given approval to become a close associate of the casino operator.

s 42C: Ins 2022 No 36, Sch 1[42].

42D Decision about application for approval of close associate

42D Decision about application for approval of close associate

(1) The NICC must consider an application and decide to—

(a) grant the application and issue an approval (a close associate approval) to the person, with or without conditions or

(b) refuse the application.

(2) In deciding the application, the NICC must consider—

(a) whether the NICC is satisfied the person is a suitable person to be concerned in or associated with the management and operation of a casino, and

(b) any other matters the NICC considers relevant.

(3) For subsection (2)(a), the NICC must consider whether—

(a) the person is of good repute, having regard to character, honesty and integrity, and

(b) the person is of sound and stable financial background, and

(c) the person has any business association with a person, body or association that, in the NICC’s opinion—

(i) is not of good repute, having regard to character, honesty and integrity, or

(ii) has undesirable or unsatisfactory financial sources, and

(d) each director, partner, trustee, executive officer and secretary, and any other officer or person decided by the NICC to be associated or connected with the ownership, administration or management of the operations or business of the person, is a suitable person to act in that capacity.

s 42D: Ins 2022 No 36, Sch 1[42]. Am 2023 No 35, Sch 1.3[3].

42E Conditions of close associate approvals

42E Conditions of close associate approvals

(1) A close associate approval is subject to any conditions imposed by the NICC—

(a) at the time the close associate approval is issued, or

(b) at a later time and notified by the NICC to the close associate who holds the approval by written notice.

(2) The NICC may, by written notice given to a close associate who holds a close associate approval, vary, substitute or revoke a condition of the approval—

(a) on the NICC’s own initiative, or

(b) on application by the close associate.

s 42E: Ins 2022 No 36, Sch 1[42].

42F Substantial changes in state of affairs of associates

42F Substantial changes in state of affairs of associates

(1) A close associate of a casino operator must, as soon as practicable after a substantial change occurs in the close associate’s state of affairs, give the NICC written notice about the change.

(2) After receiving a notice under subsection (1), the NICC may, by written notice given to the close associate, require the close associate to do any of the following—

(a) give the NICC further information about the substantial change,

(b) take, or refrain from taking, specified action in relation to the substantial change within the time specified in the notice.

(3) The close associate must comply with the notice.

Maximum penalty—

(a) for an individual—100 penalty units, or

(b) for a corporation—1,000 penalty units.

(4) In this section—

substantial change, in the state of affairs existing in relation to a close associate of a casino operator, means any change in the state of affairs that is of a class or description prescribed as substantial for the purposes of this section.

s 42F: Ins 2022 No 36, Sch 1[42].

42G Cost of investigations or inquiries

42G Cost of investigations or inquiries

(1) This section applies to an investigation or inquiry conducted under this Division to determine the suitability of a person to become or remain a close associate of a casino operator.

(2) The reasonable costs incurred by the NICC in conducting the investigation or inquiry are payable by the person to the NICC.

(3) The costs may include—

(a) travel, whether within or outside the State, and

(b) expenses involved in engaging external legal, financial or other expert advice or assistance.

(4) The NICC may require part or full payment in advance of the amount of costs it estimates will be payable by the person and may refuse to deal with the application until the required payment is made.

s 42G: Ins 2022 No 36, Sch 1[42].

42H Disciplinary action against close associate

42H Disciplinary action against close associate

(1) The NICC may take disciplinary action under section 23 against a close associate as if the person were a casino operator.

(2) For subsection (1), sections 23–27 apply, with the following changes, to taking disciplinary action against the close associate as if the person were a casino operator—

(a) the reference in section 23(1), definition of disciplinary action, paragraph (b), to “$100 million” were a reference to “$100 million for a corporation and $1,000,000 for an individual”, and

(b) any other necessary changes.

s 42H: Ins 2022 No 36, Sch 1[42]. Am 2023 No 35, Sch 1.3[4].

42I Duration of close associate approval

42I Duration of close associate approval

A close associate approval continues until the earlier of the following occurs—

(a) the approval is revoked by the NICC,

(b) the holder of the approval or the casino operator advises the NICC the person is no longer a close associate of the casino operator.

s 42I: Ins 2022 No 36, Sch 1[42].

42J Notice to show cause

42J Notice to show cause

(1) This section applies if the NICC reasonably believes there may be grounds for revoking a close associate approval.

(2) The NICC may, by written notice (a show cause notice) given to the close associate, invite the close associate to show cause why the close associate’s approval should not be revoked.

(3) The show cause notice must state—

(a) the grounds the NICC reasonably believes may exist for revoking the close associate approval, and

(b) that the close associate may make submissions to the NICC, in the way specified in the show cause notice, about why the close associate approval should not be revoked, and

(c) the period, not less than 21 days, in which the close associate may make the submissions.

(4) The close associate may, in accordance with the show cause notice, make submissions to the NICC.

(5) After considering any submissions made by the close associate in accordance with the show cause notice, the NICC must decide to—

(a) revoke the close associate approval, or

(b) continue the close associate approval.

s 42J: Ins 2022 No 36, Sch 1[42].

42K Requirement for exempt close associate to notify NICC of change in circumstances

42K Requirement for exempt close associate to notify NICC of change in circumstances

(1) It is a condition of an exemption granted under this Division to a close associate of a casino operator that the close associate must, by written notice given to the NICC, notify the NICC of the following—

(a) a change in the close associate’s circumstances which may affect the close associate’s control or influence over the casino operations, or

(b) another change in the close associate’s circumstances that may affect the close associate’s eligibility for the exemption, including a change prescribed by the regulations.

(2) A notice under subsection (1) must be given to the NICC as soon as practicable, but not later than 5 days, after the close associate becomes aware of the change in the close associate’s circumstances.

s 42K: Ins 2022 No 36, Sch 1[42]. Am 2023 No 7, Sch 2.2[3].

42L Revocation of exemption of close associate

42L Revocation of exemption of close associate

(1) This section applies if, after the NICC grants a close associate of a casino operator an exemption under this Division, the NICC proposes, after having regard to the matters prescribed by the regulations, to revoke the exemption.

(2) The NICC may, by written notice given to the casino operator and close associate—

(a) advise the casino operator and close associate that the NICC proposes to revoke the exemption, and

(b) invite the casino operator and close associate to provide written submissions to the NICC within the period specified in the notice, not less than 14 days after the day the notice is given to the operator and associate, about why the exemption should not be revoked.

(3) After considering any written submissions made under subsection (2)(b), the NICC must decide—

(a) to revoke the exemption, or

(b) not to revoke the exemption.

(4) As soon as practicable after making its decision under subsection (3), the NICC must give written notice of the decision to the casino operator and close associate.

s 42L: Ins 2022 No 36, Sch 1[42]. Am 2023 No 35, Sch 1.3[5].

Part 4 Licensing of casino employees

Part 4 Licensing of casino employees

43 Definitions

43 Definitions

(1) In this Part—

certificate of competency means a certificate of competency issued under section 64.

licence means a licence in force under this Part.

special employee means a person who—

(a) is employed or working in a casino in a managerial capacity or who is authorised to make decisions, involving the exercise of his or her discretion, that regulate operations in a casino, or

(b) is employed or working in a casino in any capacity relating to any of the following activities—

• the conduct of gaming,

• the movement of money or chips about the casino,

• the exchange of money or chips to patrons in the casino,

• the counting of money or chips in the casino,

• the operation, maintenance, construction or repair of gaming equipment approved by the NICC under section 68,

• the supervision of any of the above activities,

• casino security,

• any other activity relating to operations in the casino that is prescribed for the purposes of this definition.

(2) The regulations may exempt persons employed or working in a casino in any specified capacity from being special employees.

s 43: Am 2009 No 48, Sch 1 [5]; 2010 No 16, Sch 1 [4].

44 Special employees to be licensed and hold certificate of competency

44 Special employees to be licensed and hold certificate of competency

(1) A special employee must hold both a licence and a certificate of competency for the functions that the special employee exercises. A licence authorises the holder of the licence to exercise in or in relation to a casino the functions for which the licensee holds a certificate of competency, subject to the functions being exercised in accordance with the provisions of this Act and the conditions of the licence.

(2) A person must not exercise in or in relation to a casino any of the functions of a special employee except in accordance with the authority conferred on the person by a licence.

Maximum penalty—50 penalty units.

(3) A casino operator must not—

(a) employ or use the services of a person to exercise any function of a special employee in or in relation to the casino, or

(b) allocate or permit or suffer to be allocated to a person the exercise of any function of a special employee in or in relation to the casino,

unless the person is authorised by a licence to exercise the function concerned.

Maximum penalty—1,000 penalty units.

(4) Despite subsections (1)–(3), a special employee is not required to hold a licence if the employee holds a close associate approval.

s 44: Subst 2010 No 16, Sch 1 [5]. Am 2022 No 36, Sch 1[43] [44].

45 Special employees to display identification

45 Special employees to display identification

(1) The holder of a licence must at all times while exercising the functions of a special employee in a casino wear on his or her person so as to be clearly visible a form of identification issued in compliance with internal controls approved for the casino under section 124.

Maximum penalty—20 penalty units.

(2) The NICC may exempt a person or a class of persons from the requirements of this section.

s 45: Am 2018 No 8, Sch 1 [4].

46 Application for licence

46 Application for licence

(1) An application for a licence is to be lodged with the NICC in a form approved by the NICC and must be accompanied by—

(a) the fee prescribed by the regulations, and

(b) such documents (if any) as may be specified by the NICC or as the form of application requires accompany the application.

(c) (Repealed)

(2) The information provided in and accompanying the application must be verified by statutory declaration.

(3) The NICC may require the applicant to consent to having his or her photograph, finger prints and palm prints taken and may refuse to consider the application if the applicant refuses to allow his or her photograph, finger prints or palm prints to be taken.

(3A) The NICC may refer to the Commissioner of Police details of the applicant, copies of any photographs, finger prints and palm prints taken and any supporting information that the NICC considers appropriate for referral to the Commissioner.

(3B) The Commissioner of Police is to inquire into and report to the NICC on such matters concerning the application as the NICC may request.

(4) An application for a licence may not be made by a person who is under the age of 18 years or is a person within a class of persons prescribed as being ineligible to apply for a licence.

s 46: Am 2010 No 16, Sch 1 [6] [7]; 2018 No 8, Sch 1 [5] [6].

47 Direction to apply for licence—persons who have special relationship with casino

47 Direction to apply for licence—persons who have special relationship with casino

(1) For the purposes of this section, a person is to be considered to have a special relationship with a casino if—

(a) the person is associated with the casino operator or is a casino employee, and in the opinion of the NICC has the power to exercise a significant influence over or with respect to operations in the casino, or

(b) the person is associated with the casino operator or is a casino employee, and in the opinion of the NICC it is in the public interest that the person, by reason of his or her remuneration or his or her authority in relation to operations in the casino, be licensed as a special employee, or

(c) the person’s employment (whether or not in the casino and whether or not by the casino operator) involves the exercise of functions that in the opinion of the NICC have the capacity to significantly affect, whether directly or indirectly, any operations in the casino.

(2) The NICC may give a direction in writing to a person who has a special relationship with a casino directing that the association or employment that constitutes the special relationship is to be regarded as the exercise by the person of the functions of a special employee.

(3) The direction is to require the person to apply for the necessary licence within a specified period of not less than 7 days.

(3A) A person who is regarded as exercising the functions of a special employee under this section is not required to hold a certificate of competency in relation to those functions.

(4) The association or employment specified in the direction is for the purposes of this Part to be regarded as the exercise by the person of the functions of a special employee as soon as—

(a) the period allowed by the direction for the making of an application for the appropriate licence expires with no application having been made, or

(b) (if the application is made within that period) the application is determined.

(5) If this section results in a person who has a special relationship with a casino contravening section 44 (Special employees to be licensed and hold certificate of competency)—

(a) the NICC is to give written notice of that fact to the person and the casino operator or employer concerned, and

(b) the person and the casino operator or employer are each guilty of an offence if the association or employment that constitutes the contravention is not terminated within 24 hours (or such longer period as the NICC may allow) after that notice is given.

Maximum penalty—

(a) for the casino operator—1,000 penalty units, or

(b) otherwise—100 penalty units.

(6) The termination of an association or employment in accordance with this section may be effected despite any other Act or any law, award or industrial or other agreement, and neither the Crown nor the NICC incurs any liability because of such a termination.

s 47: Am 2010 No 16, Sch 1 [8] [9]; 2022 No 36, Sch 1[45].

48 Updating of application for licence

48 Updating of application for licence

(1) If a change occurs in the information provided in or in connection with an application for a licence (including in any documents lodged with the application) before the application is granted or refused, the applicant must forthwith give the NICC written particulars of the change, verified by statutory declaration.

Maximum penalty—20 penalty units.

(2) When particulars of the change are given, those particulars are then to be considered to have formed part of the original application, for the purposes of the operation of subsection (1) in relation to any further change in the information provided.

(3) This section does not apply to a change in information if the NICC has notified the applicant in writing that the NICC does not require particulars of any change in the information concerned or does not require particulars of the type of change concerned.

49 NICC may require further information

49 NICC may require further information

(1) The NICC may, by notice in writing, require a person who is an applicant for a licence or who, in the opinion of the NICC, has some association or connection with the applicant that is relevant to the application to do any one or more of the following—

(a) to provide, in accordance with directions in the notice, such information, verified by statutory declaration, as is relevant to the investigation of the application and is specified in the notice,

(b) to produce, in accordance with directions in the notice, such records relevant to investigation of the application as are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them,

(c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b),

(d) to furnish to the NICC such authorities and consents as the NICC directs for the purpose of enabling the NICC to obtain information (including financial and other confidential information) from other persons concerning the person and his or her associates or relations.

(2) If a requirement made under this section is not complied with, the NICC may refuse to consider the application concerned while the non- compliance continues.

(3) A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.

50 NICC to investigate applications

50 NICC to investigate applications

(1) The NICC is to investigate and inquire into each application for a licence.

(2) If the NICC proposes to refuse an application, it must notify the applicant in writing of that fact and allow the applicant at least 14 days to make submissions to the NICC as to why the application should not be refused.

s 50: Subst 2001 No 27, Sch 1 [7].

51 Cost of investigations to be paid by applicant

51 Cost of investigations to be paid by applicant

(1) The reasonable costs incurred by the NICC in investigating and inquiring into an application for a licence are payable to the Secretary by the applicant, unless the NICC determines otherwise in a particular case.

(2) The NICC may require part or full payment in advance of the amount the NICC estimates will be payable by the applicant and may refuse to deal with the application until the required payment is made.

(3) Investigation and inquiry costs may include travelling expenses within or outside the State.

(4) It is a condition of any licence granted to the applicant that any amount payable under this section by the applicant is paid.

s 51: Am 2001 No 27, Sch 1 [8]; 2017 No 20, Sch 2.1 [6].

52 Determination of applications

52 Determination of applications

(1) The NICC is to consider an application for a licence and is to take into account the results of its investigations and inquiry and any submissions made by the applicant within the time allowed.

(2) The NICC is not to grant a licence unless satisfied that the applicant is a suitable person to hold a licence.

(3) For that purpose, the NICC is to make an assessment (a suitability assessment) of—

(a) the integrity, responsibility, personal background and financial stability of the applicant, and

(b) the general reputation of the applicant having regard to character, honesty and integrity.

(c) (Repealed)

(3A) In the case of an application for a licence that will only authorise the exercise of functions that comprise the carrying on of a security activity (within the meaning of the Security Industry Act 1997) for which the applicant holds a licence under that Act—

(a) the NICC is entitled to determine the application on the assumption that the applicant is a suitable person to hold a licence and that a suitability assessment is not required, and

(b) accordingly the NICC is not required to investigate or inquire into the application.

(4) The NICC is to determine the application by either granting a licence to the applicant or declining to grant a licence, and is to notify the applicant in writing of its decision.

(5) The NICC is not required to give reasons for its decision but may give reasons if it thinks fit.

s 52: Am 2001 No 27, Sch 1 [9]; 2010 No 16, Sch 1 [10]–[12]; 2018 No 8, Sch 1 [7] [8].

53 Conditions of licence

53 Conditions of licence

(1) A licence is subject to any conditions imposed by the NICC and notified in writing to the licensee by the NICC on the grant of the licence or during its currency.

(2) A condition of a licence may be varied, substituted or revoked by the NICC by notice in writing to the licensee, whether or not on application made to the NICC by the licensee.

54 Provisional licences

54 Provisional licences

(1) The NICC may, pending determination of an application for a licence, grant to the applicant a provisional licence.

(2) A provisional licence is subject to any conditions or restrictions of which the provisional licensee is notified by the NICC when granting the licence.

(3) A provisional licence may be cancelled by the NICC at any time and, unless sooner surrendered or cancelled, ceases to have effect on the determination of the provisional licensee’s application for a licence.

(4) This Act applies to a provisional licence in the same way as it applies to a licence (to the extent that is consistent with this section).

55 Duration of licence

55 Duration of licence

A licence remains in force until whichever of the following happens first—

(a) the licensee dies, or

(b) the licence is cancelled, or

(c) (Repealed)

(d) the licensee, by notice in writing, surrenders the licence to the NICC, or

(e) the expiration of 7 years after the grant of the licence.

s 55: Am 1997 No 137, Sch 1 [4]; 2009 No 48, Sch 1 [6]; 2018 No 8, Sch 1 [9] [10].

56 Renewal of licence

56 Renewal of licence

(1) A licensee may, not earlier than 1 month before the expiration of his or her current licence, apply to the NICC for a new licence, in which case—

(a) the current licence continues in force until the application for the new licence is determined, and

(b) if granted, the new licence is to be considered to have been granted on the anniversary of the date on which the current licence was granted and is to be dated accordingly.

(2) An application for a new licence is to be made in a form approved by the NICC and is not to be considered to have been made unless accompanied by the fee prescribed by the regulations.

(3) The provisions of this Act (except those relating to the form of an application and the grant of a provisional licence) apply to and in relation to—

(a) an application under this section for a new licence, and

(b) the determination of such an application, and

(c) any licence granted as a result of such an application,

as if the application has been made by a person other than a licensee.

s 56: Am 2018 No 8, Sch 1 [11].

57

57 (Repealed)

58 Loss etc of licence

58 Loss etc of licence

If the NICC is satisfied that a licence has been lost, destroyed or damaged, the NICC may, on payment of the fee determined by the NICC, issue a replacement licence.

59 Disciplinary action against licensee

59 Disciplinary action against licensee

(1) In this section—

disciplinary action means—

(a) for a licensee—

(i) the service of a written notice on the licensee censuring the licensee for action specified in the notice, or

(ii) suspension of the licensee’s licence for a specified period, or

(iii) cancellation of the licensee’s licence and a prohibition on being granted a licence for a specified period, or

(b) for a former licensee—

(i) the service of a written notice on the former licensee censuring the former licensee for action specified in the notice, or

(ii) a prohibition on being granted a licence for a specified period.

grounds for disciplinary action means any of the following grounds—

(a) for a licensee—

(i) the licensee’s licence was improperly obtained because, at the time the licence was granted, there were grounds for refusing to grant it, or

(ii) the licensee has been convicted of an offence against this Act, or

(iii) the licensee has been convicted of an offence, whether or not in New South Wales, punishable on conviction by imprisonment for 3 months of more, whether or not in addition to a fine, or

(iv) the licensee has contravened a condition of the licence, or

(v) the licensee has failed to provide information the licensee is required by this Act to provide or has provided information knowing it to be false or misleading in a material particular, or

(vi) the licensee has become bankrupt, applied to take the benefit of a law relating to bankrupt or insolvent debtors, has compounded with the licensee’s creditors or made an assignment of the licensee’s remuneration for the creditors’ benefit, or

(vii) in the NICC’s opinion the licensee is otherwise not a suitable person to be the holder of the licence,

(b) for a former licensee—

(i) the licence was improperly obtained because at the time the licence was granted there were grounds for refusing to grant it, or

(ii) the former licensee was, while a licensee, convicted of an offence against this Act, or

(iii) the former licensee was, while a licensee, convicted of an offence, whether or not in New South Wales, punishable on conviction by imprisonment for 3 months or more, whether or not in addition to a fine, or

(iv) the former licensee, while a licensee, contravened a condition of the licence, or

(v) the former licensee, while a licensee, failed to provide information the former licensee was required by this Act to provide or provided information knowing it to be false or misleading in a material particular, or

(vi) the former licensee, while a licensee, became bankrupt, applied to take the benefit of a law relating to bankrupt or insolvent debtors, compounded with the former licensee’s creditors or made an assignment of the former licensee’s remuneration for the creditors’ benefit.

former licensee means a person who held but not longer holds a licence.

(2) The NICC may make such inquiries as it thinks fit into the question of whether there are grounds for disciplinary action against a licensee or former licensee.

(3) If as a consequence of such an inquiry the NICC proposes to take disciplinary action against the licensee or former licensee—

(a) the NICC is to give the licensee or former licensee notice of the proposal and at least 14 days to make submissions to the NICC on the matter, and

(b) the NICC may by written direction to the licensee or former licensee suspend the licensee’s licence for a maximum period of 90 days pending the NICC’s decision on the matter and may revoke any such suspension.

(4) The NICC is to consider the results of its inquiries and any submissions made by the licensee or former licensee within the time allowed and is to decide whether to take disciplinary action against the licensee or former licensee.

(5) If the NICC decides that there are grounds for disciplinary action against a licensee or former licensee, the NICC may take the action and does so by giving notice in writing of the action to the licensee or former licensee. Disciplinary action takes effect when the notice is given or on a later date specified in the notice.

(6) Disciplinary action may be taken against a person whether or not the person has been prosecuted, convicted or penalised for any offence that is the grounds for the action.

(7) The NICC is not to take action under this section unless a member of the NICC who is or has been a Judge, or is an Australian lawyer of at least 7 years’ standing, is present at the meeting of the NICC at which the decision to take the action is made.

(8) The NICC is not required to give reasons for its decision to take disciplinary action against a licensee or former licensee under this section but may give reasons if it thinks fit.

(9) The NICC is to notify the Commissioner of Police of any disciplinary action taken against a licensee under this section if the NICC is aware that the licensee is the holder of a licence under the Security Industry Act 1997.

s 59: Am 1995 No 56, Sch 1 [3]; 1999 No 94, Sch 4.78 [1]; 2001 No 27, Sch 1 [10]–[13]; 2006 No 30, Sch 9.4; 2010 No 16, Sch 1 [14]; 2018 No 8, Sch 1 [12]; 2022 No 36, Sch 1[46] [47]; 2023 No 35, Sch 1.3[6].

60 Effect etc of suspension

60 Effect etc of suspension

(1) During any period of suspension of a licence, the licensee is to be regarded as not holding a licence except for the purposes of section 63 (Change in state of affairs of licensee).

(2) The NICC may, by notice in writing to the licensee at any time, terminate or reduce a period of suspension of a licence.

61 Termination of employment on suspension or cancellation of licence

61 Termination of employment on suspension or cancellation of licence

(1) If a casino operator is given written notice by the NICC that the licence of an associate or employee of the operator has been suspended or cancelled, or has otherwise ceased to be in force, it is a condition of the operator’s casino licence that the operator must, within 24 hours after the notice is given—

(a) in the case of an associate of the operator—terminate the association that constitutes the exercise of the functions of a special employee, or

(b) in the case of an employee—terminate the employment that constitutes the exercise of the functions of a special employee or cause it to be terminated.

(2) If the employer (other than the casino operator) of an employee is given written notice by the NICC that the employee’s licence has been suspended or cancelled, the employer must, within 24 hours after the notice is given, terminate the employment that constitutes the exercise of the functions of a special employee or cause it to be terminated.

Maximum penalty—100 penalty units.

(3) A termination of employment in accordance with this section may be effected despite any other Act or any law, award or industrial or other agreement, and neither the Crown nor the NICC incurs any liability because of such a termination.

62 Information relating to licensees to be provided

62 Information relating to licensees to be provided

(1) It is a condition of a casino licence that the casino operator must—

(a) within 14 days after a licensed employee commences to have functions in or in relation to the casino—notify the NICC, in a form approved by the NICC, of the commencement of the exercise of those functions, and

(b) not less than twice each year, on dates specified by the NICC submit to the NICC, in a form approved by the NICC, a list of the licensed employees having functions in or in relation to the casino, and

(c) within 48 hours after a licensed employee ceases to have functions in or in relation to the casino—notify the NICC, in a form approved by the NICC, of the cessation of the exercise of those functions.

(2) The NICC may, by notice in writing, require a licensee—

(a) to provide, in accordance with directions in the notice, such information relevant to the holding of the licence as is specified in the notice, or

(b) to produce, in accordance with directions in the notice, such records relevant to the holding of the licence as are specified in the notice and to permit examination of the records and the making of copies of the records.

(3) It is a condition of a licence that the licensee must comply with the requirements of a notice under this section.

s 62: Am 2009 No 48, Sch 1 [7]; 2022 No 36, Sch 1[48].

63 Change in state of affairs of licensee

63 Change in state of affairs of licensee

Whenever a prescribed change takes place in the state of affairs existing in relation to the holder of a licence, the holder of the licence must notify the NICC in writing of the prescribed particulars relating to the change within 14 days after it takes place.

Maximum penalty—50 penalty units.

s 63: Am 2018 No 7, Sch 1.3 [1].

64 Training courses and certificates of competency for employees and certain close associates

64 Training courses and certificates of competency for employees and certain close associates

(1) Certificates of competency for the functions of special employees and certain close associates are issued by a casino operator.

(2) A casino operator may issue a certificate of competency to a person for any functions of a special employee or close associate only if satisfied that—

(a) the person has completed training in those functions and the following training provided by the casino operator—

(i) responsible practices for the conduct of gaming,

(ii) prevention of money laundering and terrorism financing activities within the operations of the casino, or

(b) the person has completed other training, or has qualifications, that the casino operator considers appropriate for the exercise of those functions and that include training or qualifications in the following—

(i) responsible practices for the conduct of gaming,

(ii) prevention of money laundering and terrorism financing activities within the operations of the casino.

(3) A casino operator must not issue a certificate of competency unless the training or qualifications on the basis of which the certificate is to be issued—

(a) has been approved by the NICC, or

(b) complies with any standards or requirements set by the NICC from time to time.

(4) A certificate of competency must specify the functions of a special employee or close associate for which it is issued and the date of its issue.

(5) A casino operator must maintain records of all training provided and certificates issued by the operator under this section and must at the request of the NICC provide the NICC with access to those records (including records maintained in an electronic format).

(6) It is a condition of a casino licence that the casino operator must comply with the requirements of this section.

s 64: Am 1999 No 49, Sch 1 [1]. Subst 2010 No 16, Sch 1 [15]. Am 2022 No 36, Sch 1[49]–[54].

64A Staff training facilities and employment program

64A Staff training facilities and employment program

It is a condition of a restricted gaming licence that the holder of the licence establish and maintain—

(a) facilities for the training of persons employed or working in the Barangaroo restricted gaming facility in carrying out their duties and responsibilities, and

(b) a program for the employment of Aboriginal people in connection with the operation of the Barangaroo restricted gaming facility.

s 64A: Ins 2013 No 100, Sch 1 [23].

Part 5 Casino operations

Part 5 Casino operations

65 Approval of facilities and equipment for monitoring and surveillance

65 Approval of facilities and equipment for monitoring and surveillance

It is a condition of a casino licence that—

(a) the facilities and equipment provided for persons conducting monitoring and surveillance of operations in the casino must be to a standard approved by the NICC, and

(b) the location and orientation of those facilities and equipment must be as approved by the NICC, and

(c) any footage recorded by means of closed-circuit television in conducting monitoring and surveillance of operations in the casino must be kept for—

(i) the period provided in the casino’s internal controls, or

(ii) otherwise—for at least 3 months after the day the footage is recorded.

s 65: Am 2009 No 48, Sch 1 [8] [9]; 2013 No 100, Sch 1 [24]. Subst 2018 No 8, Sch 1 [13]. Am 2022 No 36, Sch 1[55].

66 Approval of games and rules for games

66 Approval of games and rules for games

(1) The NICC may, by order in writing, approve the games that may be played in a casino and the rules for those games.

(1A) Any such order as in force for the time being must be made publicly available on the casino’s website.

(2) It is a condition of a casino licence that the casino operator must not permit a game to be conducted or played in a casino unless—

(a) there is an order in force under this section approving the game, and

(b) the game is conducted or played in accordance with—

(i) the rules of the game approved by such an order, or

(ii) if the game is a keno game, the keno rules for the game.

(3) A person must not conduct a game in a casino or permit a game conducted by him or her to be played in a casino, unless—

(a) there is an order in force under this section approving the game, and

(b) the game is conducted or played in accordance with—

(i) the rules of the game approved by such an order, or

(ii) if the game is a keno game, the keno rules for the game.

Maximum penalty—20 penalty units.

(3A) The following games are taken to be approved by the NICC by order under this section in relation to the Barangaroo restricted gaming facility—

(a) baccarat,

(b) blackjack,

(c) roulette.

(3B) The NICC may, by order in writing, approve the rules for those games that are taken to be approved by the NICC under subsection (3A).

(4) If the rules of a game approved by an order under subsection (1) (or, in the case of a keno game, the keno rules for the game) specifically permit wagers to be paid by a non-monetary prize, the rules of the game include the following rules (the non-monetary prize rules)—

(a) the casino operator must give a person who wins a non-monetary prize the choice to be paid money to the value of the non-monetary prize instead, and

(b) a non-monetary prize must not consist of or include any of the following—

(i) tobacco in any form,

(ii) a firearm, or ammunition, or an imitation firearm, within the meaning of the Firearms Act 1996,

(iii) a prohibited weapon within the meaning of the Weapons Prohibition Act 1998,

(iv) more than 20 litres of liquor,

(v) any item or service prescribed by the regulations.

(4A) Keno games cannot be approved in relation to the Barangaroo restricted gaming facility.

(5) In this section—

keno game means a game of keno for which the Minister administering the Public Lotteries Act 1996 has approved rules under section 23 (1) of that Act.

keno rules for a keno game means the rules having effect for that game published in the Gazette under section 23 (2) of the Public Lotteries Act 1996.

s 66: Am 2000 No 57, Sch 1 [2] [3]; 2009 No 48, Sch 1 [10]; 2010 No 40, Sch 3.2; 2013 No 100, Sch 1 [25] [26]; 2018 No 8, Sch 1 [14].

67

67 (Repealed)

68 Approval of gaming equipment

68 Approval of gaming equipment

(1) The NICC may approve of gaming equipment for use in a casino and for that purpose may approve particular equipment or may approve equipment of a specified class or description, and may impose conditions on any such approval.

(2) An approval is to be in writing and may be revoked by the NICC by notice in writing to the casino operator.

(3) The NICC may investigate or authorise the investigation of gaming equipment for the purpose of determining whether the equipment is suitable to be approved for use in a casino and may require the cost of such an investigation to be paid by a person seeking the approval.

(4) Regulations may be made for or with respect to the manufacture or supply of gaming equipment for use in a casino.

(5) Despite the provisions of any other law, the possession of gaming equipment is lawful if—

(a) the possession is for the purposes of an investigation under this section, or

(b) the equipment is identifiable in a manner approved by the NICC and it is in a casino with the approval of the NICC or the circumstances of its possession are such as have been approved by the NICC generally or in a particular case.

69 Unsatisfactory gaming equipment

69 Unsatisfactory gaming equipment

(1) The NICC may direct a casino operator to rectify to its satisfaction, or to destroy, gaming equipment that it has directed the operator to cease to have available for use on the ground that it is unsatisfactory.

(2) It is a condition of a casino licence that the casino operator must forthwith comply with such a direction.

s 69: Am 2001 No 27, Sch 1 [14].

70 Conduct of gaming

70 Conduct of gaming

(1) It is a condition of a casino licence that the following provisions are complied with in the casino and the casino operator is to be considered to have contravened that condition if they are not complied with—

(a) gaming equipment (except secondary gaming equipment) is not to be used for gaming in the casino unless there is an approval in force under section 68 for the use in the casino of that equipment or of the class or description of equipment concerned, and it is used in accordance with any conditions to which the approval is subject,

(b) all playing cards dealt in the course of gaming in the casino are to be dealt from a card shoe or by using any other device or method that may be required or allowed under the rules of the relevant game (as approved under section 66 (1)),

(c) chips for gaming in the casino are not to be issued unless the chips are paid for—

(i) in money to the value of the chips, or

(ii) by chip purchase voucher that, on payment of the amount shown on the voucher, was issued by or on behalf of the casino operator, or

(iii) in reward points or by another similar promotional method, or

(iv) in another way required by or provided for in the game rules,

(d) gaming wagers are not to be placed in the casino otherwise than by means of chips unless the game rules require or provide for the placing of wagers by any other means,

(e) all wagers won in the course of gaming in the casino are to be paid in full without deduction of any commission or levy other than a commission or levy provided for in the game rules,

(f) all wagers won in the course of gaming in the casino are to be paid in chips unless the regulations or the game rules specifically permit payment by cash, cheque, non-monetary prize or other means,

(g) a person who is at or in the vicinity of the casino and is an agent of the casino operator or a casino employee must not induce persons outside the casino to enter the casino or take part in gaming in the casino,

(h) a person must not be required to pay any deposit, charge, commission or levy (whether directly or indirectly and whether or not it is claimed to be refundable) to enter the casino or, except as may be provided by the game rules or as may be approved by the NICC, to take part in gaming in the casino,

(i) during the times the casino is open to the public for gaming the requirements of subsection (2) are complied with in relation to the exchange and redemption of chips and chip purchase vouchers issued by the casino operator.

(1AA) A casino operator must not allow the issue of chips for gaming in the casino other than—

(a) between a casino employee and a patron, and

(b) at a gaming table or in a casino cage.

Maximum penalty—1,000 penalty units.

(1AB) A casino employee must not issue chips for gaming in the casino other than at a gaming table or in a casino cage.

Maximum penalty—100 penalty units.

(1AC) Subsections (1AA) and (1AB) do not apply to chips issued for use—

(a) in a tournament, or

(b) for training purposes.

(1AD) The regulations may provide for matters relating to the issue of chips in casino cages.

(1A) A casino operator is permitted to provide complimentary chip purchase vouchers to a person who is a patron of a private gaming area, a participant in a premium player arrangement, or a patron of the Barangaroo restricted gaming facility, and the following provisions apply in respect of any such complimentary chip purchase voucher—

(a) chips may be issued for gaming in the casino that are paid for by means of a complimentary chip purchase voucher,

(b) wagers may be placed in the casino by means of a complimentary chip purchase voucher (not just by means of chips paid for by means of a complimentary chip purchase voucher).

(2) The requirements for the exchange and redemption of chips (other than chips issued for use in a tournament or for training purposes) and chip purchase vouchers are as follows—

(a) chip purchase vouchers are to be exchanged for chips at the request of the patron,

(b) chips are to be exchanged for other chips at the request of the patron,

(c) chips or chip purchase vouchers (other than complimentary chip purchase vouchers) are to be redeemed for a cheque at the request of the patron (if the patron requests a cheque), or wholly or partly for money (with a cheque for any balance) if the patron so requests and the casino operator concurs,

(c1) a complimentary chip purchase voucher must not be wholly or partly redeemed for money or a cheque,

(d) a cheque in payment for redeemed chips or chip purchase vouchers must be made payable to the patron and drawn on a bank, building society or credit union approved by the NICC,

(e) any exchange or redemption of chips or chip purchase vouchers is to be for their full value without any deduction.

Note.

The requirements in subsection (2) are subject to the operation of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth.

(3) In this section, secondary gaming equipment means gaming equipment that is not an intrinsic element of gaming and is of a class that the NICC has identified as secondary gaming equipment by notice in writing to the casino operator.

s 70: Am 1996 No 24, Sch 1; 2000 No 57, Sch 1 [4]–[6]; 2001 No 127, Sch 4 [1]; 2010 No 16, Sch 1 [16]–[23]; 2018 No 8, Sch 1 [16]–[19]; 2022 No 36, Sch 1[56]–[58]; 2023 No 35, Sch 1.3[7].

70A Advertising in relation to gaming machines

70A Advertising in relation to gaming machines

(1) It is condition of a casino licence that the casino operator must not publish any advertisement relating to gaming machines or cause or permit any such advertisement to be published.

(2) The condition under subsection (1) does not apply in relation to the casino licence until 6 months after this section commences.

(3) It is a condition of a casino licence that the casino operator must not, after the commencement of this section, enter into or extend the duration of any contract or arrangement for the publication of any advertisement relating to gaming machines. Any such contract or arrangement entered into or extended after the commencement of this section has no effect.

(4) Regardless of any other provision of this section, any contract or arrangement for the publication of any advertisement relating to gaming machines that was entered into before the commencement of this section ceases to have effect 6 months after that commencement.

(5) In this section—

advertisement relating to gaming machines means any advertisement that gives publicity to, or otherwise promotes or is intended to promote, the playing of gaming machines in the casino, but does not include an advertisement that is exempted from the operation of this section by the regulations.

publish includes disseminate in any way, whether by oral, visual, written or other means (for example dissemination by means of cinema, video, radio, electronics, the Internet or television or by means of promotional material, brochures or flyers).

s 70A: Ins 2001 No 127, Sch 4 [2]. Am 2022 No 36, Sch 1[59].

71 Visibility of gaming machines and gaming-related signs

71 Visibility of gaming machines and gaming-related signs

(1) A casino operator must ensure that the following are not visible outside the boundary of the casino—

(a) gaming machines,

(b) gaming-related signs.

Maximum penalty—500 penalty units.

(2) Subsection (1) does not apply to—

(a) signs that promote responsible gambling, or

(b) advertising that is excluded from the operation of this section by the regulations.

s 71: Am 2013 No 100, Sch 1 [28]. Rep 2018 No 8, Sch 1 [20]. Ins 2022 No 36, Sch 1[60].

71A Player cards

71A Player cards

It is a condition of a casino licence that all gaming conducted at the casino must be by use of a player card, issued to each patron, that complies with—

(a) the requirements prescribed by the regulations, and

(b) any other requirements set out in the casino operator’s system of internal controls.

s 71A: Ins 2022 No 36, Sch 1[60].

72 Assistance to patrons

72 Assistance to patrons

(1) It is a condition of a casino licence that the casino operator must ensure that—

(a) at the request of a casino patron, a copy of the game rules for any particular game is made available for inspection by the patron, and

(b) there is prominently displayed in the casino such advice or information concerning game rules, mode of payment of winning wagers, the odds of winning for each wager and such other advice or information to the player as may be directed by the NICC, and

(c) a summary of the game rules in respect of a game played in the casino is provided to a casino patron on request, being a summary that is not misleading and includes a statement indicating that it is only a summary of the game rules, and

(d) there is prominently displayed at each gaming table or location related to the playing of a game a sign indicating the permissible minimum and maximum wagers pertaining to the game played there (with such a sign not being required at an electronic gaming terminal if the terminal display indicates the permissible minimum and maximum wagers for the game concerned), and

(e) any change to a minimum wager to a higher minimum wager in respect of a game at a table or location does not apply for at least 20 minutes to a player who is playing at the table or location at the time of the change.

(2) The NICC may by instrument in writing exempt a casino operator from compliance with subsection (1) (d) and (e) in respect of any particular game played in the casino and may grant the exemption subject to conditions.

s 72: Am 2000 No 57, Sch 1 [7]–[9]; 2009 No 48, Sch 1 [11]; 2018 No 8, Sch 1 [21]–[23].

72A Provision of problem gambling counselling services

72A Provision of problem gambling counselling services

(1) A casino operator must, in accordance with the regulations, enter into arrangements for problem gambling counselling services to be made available to the patrons of the casino.

Maximum penalty—1,000 penalty units.

(2) The regulations may make provision for or with respect to the following—

(a) the persons or bodies who are to provide the counselling services,

(b) the nature of the arrangements to be made with such persons or bodies,

(c) the nature of the counselling services that are to be made available,

(d) the manner in which those services are to be provided.

s 72A: Ins 2001 No 127, Sch 4 [3]. Am 2002 No 112, Sch 1.2 [1]–[3]; 2005 No 78, Sch 2 [1]; 2022 No 36, Sch 1[61].

73 Operation of security equipment etc

73 Operation of security equipment etc

It is a condition of a casino licence that the casino operator must ensure that all casino installations, devices, equipment and procedures for security and safety purposes are used, operated and applied at all relevant times for the preservation and maintenance of those purposes.

73A Restrictions on use of cash

73A Restrictions on use of cash

(1) A casino operator must not accept more than $1,000 cash from a customer in a day for wagering purposes.

Maximum penalty—1,000 penalty units.

(2) In this section—

wagering purposes includes the following—

(a) placing wagers,

(b) buying chips,

(c) making another purchase that may be used for wagering purposes.

s 73A: Ins 2022 No 36, Sch 1[62].

74 Credit prohibited

74 Credit prohibited

(1) A casino operator must not, and an agent of the operator or a casino employee must not, in connection with any gaming in the casino—

(a) accept a wager made otherwise than by means of money or chips (or by means of a complimentary chip purchase voucher as permitted by section 70), or

(b) lend money, chips or any other valuable thing, or

(c) provide money or chips as part of a transaction involving a credit card, or

(c1) provide money or chips as part of a transaction involving a debit card unless the transaction complies with the requirements prescribed by the regulations, or

(d) extend any other form of credit.

(e) (Repealed)

(2) It is a condition of a casino licence that the casino operator must not contravene subsection (1) and must not cause, permit, suffer or allow an agent of the operator or a casino employee to contravene that subsection.

(3) It is a condition of a casino licence that an automatic teller machine or any like device is not to be installed within the boundaries of the casino.

(4) This section does not limit the operation of section 75 (Cheques and deposit accounts).

(5) Despite subsection (1), a casino operator, or an agent of the operator or a casino employee, may, for a person who is not ordinarily resident in Australia, extend a form of credit to the person to enable the person to participate in a premium player arrangement.

s 74: Am 2013 No 100, Sch 1 [29]; 2018 No 8, Sch 1 [24]–[29]; 2022 No 36, Sch 1[63]–[65].

75 Cheques and deposit accounts

75 Cheques and deposit accounts

(1) In this section—

cheque has the same meaning as in the Cheques and Payment Orders Act 1986 of the Commonwealth, but does not include a traveller’s cheque or a cheque that is undated or post-dated.

related casino operator means a casino operator in another State or Territory that is related (within the meaning of the Corporations Act 2001 of the Commonwealth) to a casino operator under this Act.

(2) A person may establish with a casino operator a deposit account to which is to be credited the amount of any deposit to the account comprising—

(a) money, or

(b) a cheque payable to the operator, or

(c) a traveller’s cheque.

(3) A casino operator may debit to a deposit account established with the casino operator or with a related casino operator an amount to the value of chip purchase vouchers issued to, money paid to or a cheque made payable to the account holder by the casino operator, but not so as to cause the account to be overdrawn at any time.

(4) A casino operator may, in exchange for a cheque payable to the operator or a traveller’s cheque, issue to a person chip purchase vouchers of a value equivalent to the amount of the cheque or traveller’s cheque.

(5) A cheque accepted by a casino operator may, by agreement with the operator, be redeemed in exchange for the equivalent in value to the amount of the cheque of any one or more of the following—

(a) money,

(b) a cheque payable to the operator,

(c) chip purchase vouchers,

(d) chips.

(5A) For the purposes only of subsection (5), electronic funds transfer of an amount to an account operated by the casino operator is taken to be payment of that amount in money to the operator.

(6) It is a condition of a casino licence that the casino operator—

(a) (Repealed)

(b) must bank a cheque accepted by the operator under this section within the period of time required by subsection (6A),

(c) must not agree to the redemption of a cheque accepted by the operator for the purpose of avoiding compliance with paragraph (b).

(6A) A cheque must be banked—

(a) within 30 working days after it is accepted, if the cheque is drawn on an account maintained at a branch of the drawee bank that is located outside Australia or an external Territory, or

(b) within 10 working days after it is accepted, if the cheque is for $5,000 or more and is drawn on an account maintained at a branch of the drawee bank that is located in Australia or an external Territory, or

(c) within 1 working day after it is accepted, in any other case.

(7) Section 56 of the Unlawful Gambling Act 1998 does not apply to prevent an action being brought to recover money on a cheque or other instrument given in payment for chip purchase vouchers, or a credit to a deposit account, under this section.

s 75: Am 1996 No 10, Sch 1 [1]–[4]; 1998 No 113, Sch 2.3 [2]; 2009 No 48, Sch 1 [12]; 2018 No 8, Sch 1 [30]–[33].

76 Inducements

76 Inducements

(1) The regulations may make provision for or with respect to regulating or prohibiting—

(a) (Repealed)

(b) the offering to persons of inducements to take part in gambling at a casino, or

(c) the offering to persons of inducements to apply for review of exclusion orders.

(2) In particular, the regulations may—

(a) impose restrictions on who may offer inducements, and

(b) (Repealed)

(c) require any contract or other agreement that relates to the offer of an inducement to be in a form and contain provisions approved of by the NICC.

(d) (Repealed)

(3) (Repealed)

s 76: Am 1999 No 49, Sch 1 [2]; 2001 No 27, Sch 2 [3]; 2010 No 16, Sch 1 [24]; 2018 No, 8, Sch 1 [34]; 2022 No 36, Sch 1[66]–[71]; 2023 No 35, Sch 1.3[8].

76A Promotional prizes

76A Promotional prizes

(1) A casino operator—

(a) must not offer or present a promotional prize in the form of cash, or

(b) must not permit a patron of the casino to exchange a promotional prize for cash, or

(c) must not permit bonus or reward points accumulated under a player reward scheme to be redeemed for cash, or

(d) must not offer or provide, or cause or permit to be offered or provided, a promotional prize, including a free giveaway, that is indecent or offensive, or

(e) must provide each participant in the player reward scheme information about problem gambling counselling services available to patrons of the casino under section 72A.

Maximum penalty—1,000 penalty units.

(2) Subsection (1) does not apply in relation to prizes prescribed by the regulations for this section.

(3) If a casino operator conducts a player reward scheme, the casino operator must, in accordance with the regulations—

(a) advise the participants in the scheme of the availability of player activity statements that relate to the placing of wagers under the scheme, and

(b) give each participant a player activity statement.

Maximum penalty—1,000 penalty units.

(4) In this section—

player reward scheme means a system—

(a) used in connection with the placing of wagers in the casino, and

(b) in which a person can accumulate bonus or reward points from the placing of wagers.

promotional prize means a prize or reward, including bonus points, offered by the casino operator to the patrons of the casino in connection with—

(a) a player reward scheme, or

(b) another marketing or promotional activity that involves placing wagers.

s 76A: Ins 2001 No 127, Sch 4 [4]. Am 2002 No 18, Sch 2.1 [1]–[4]. Rep 2007 No 92, Sch 1 [7]. Ins 2022 No 36, Sch 1[72]. Am 2023 No 35, Sch 1.3[9] [10].

76B Prohibition on junkets and inducements

76B Prohibition on junkets and inducements

(1) It is a condition of a licence that the casino operator must not—

(a) promote or conduct junkets, or

(b) pay a commission, or another financial or non-financial benefit to a person not playing at the casino by reference to another person’s turnover of play or another gambling metric.

(2) In this section—

junket means an arrangement involving a person, or a group of persons, introduced to a casino operator by a promoter who receives a commission—

(a) based on the turnover of play in the casino attributable to the person or group of persons introduced by the promoter, or

(b) otherwise calculated by reference to play in the casino.

s 76B: Ins 2022 No 36, Sch 1[72].

77 Right of entry to casino

77 Right of entry to casino

(1) A person enters and remains in a casino only by licence of the casino operator, except as provided by this section and section 78.

(2) An inspector may enter, and remain in or on, a casino or a part of a casino to exercise functions conferred or imposed on the inspector by—

(a) this Act, or

(b) the NICC, or

(c) other liquor and gaming legislation, or

(d) another Act.

s 77: Am 2022 No 36, Sch 1[73].

78 Police powers of entry to casino

78 Police powers of entry to casino

(1) For the purpose of the discharge of the duty of a police officer, any part of a casino to which the public has access is to be regarded as a public place.

(2) A police officer may, on being authorised by the NICC or an inspector to do so, enter any part of a casino to which the public does not have access and may remain there for the purpose of discharging his or her duty as a police officer.

(3) Such an authorisation may be given in a particular case or generally and may be given so as to operate on a specified occasion or throughout a specified period.

(4) The NICC or an inspector giving such an authorisation to a police officer is to inform the casino operator or the person for the time being in charge of the casino as soon as practicable.

(5) Nothing in this section or section 77 affects any power a police officer has by law to enter any part of a casino.

s 78: Am 2001 No 27, Sch 1 [15].

79 Exclusion of persons from casino

79 Exclusion of persons from casino

(1) The NICC or the casino operator or the person for the time being in charge of the casino may, by order in writing (an exclusion order) given to a person, prohibit the person from entering or remaining in a casino.

(2) (Repealed)

(3) The NICC or a casino operator must give an exclusion order to a person on the person’s voluntary application to the NICC or casino operator and the following provisions apply in respect of a voluntary application for an exclusion order—

(a) the application must be in writing and the person’s signature on it must be witnessed in a manner determined by the NICC,

(b) a voluntary application can relate to either or both casinos,

(c) a voluntary application relating to both casinos can be made to the NICC or to either casino operator,

(d) a voluntary application relating to both casinos that is made to a casino operator is to be notified by the casino operator to the other casino operator without delay and is to be dealt with by the casino operators as if made to each of them.

(4) If a person is given an exclusion order, including an exclusion order on the person’s voluntary application or at the direction of the Commissioner of Police, it is a condition of a casino licence that the casino operator must—

(a) if the exclusion order was given by the casino operator or the person for the time being in charge of the casino, give notice of the order to the other casino operator as soon as practicable after the exclusion order is given, and

(b) cancel a player card of the person subject to the exclusion order, and

(c) ensure a player card is not issued to the person subject to the exclusion order unless written permission for the issue of the card to the person is given by—

(i) the NICC, or

(ii) Commissioner of Police.

(4A) It is a condition of a casino licence that the casino operator must, as soon as practicable after an exclusion order is given to a person by the operator following a direction given under section 81, cause notice of the order to be given to the Commissioner of Police.

(5) This section does not authorise the exclusion from a casino of any person acting in the person’s capacity as an inspector or other authorised person, or as a police officer.

s 79: Am 2001 No 27, Sch 1 [16] [17]; 2010 No 16, Sch 1 [25]; 2018 No 7, Sch 1.3 [2]; 2018 No 8, Sch 1 [35]–[38]; 2022 No 36, Sch 1[74].

80 Review of exclusion order

80 Review of exclusion order

(1) (Repealed)

(1A) An exclusion order given by the NICC, or at the direction of the Commissioner of Police, may not be challenged, reviewed, quashed or called into question on any grounds whatsoever before any court or tribunal in any legal proceedings, or restrained, removed or otherwise affected by proceedings in the nature of prohibition or mandamus.

(1B) A person who is given an exclusion order by the casino operator on application made by another party who considers the person has a problem from gambling activities may apply to the casino operator for review of the order.

(2) An application for review must be made in writing and must specify the grounds on which it is made.

(2A) The casino operator must review the exclusion order and notify the applicant in writing of its decision within 14 days (or such other period as may be prescribed by the regulations) of receiving the application.

(2B) An exclusion order that the casino operator allows to stand may be reviewed by the NICC on application made to it by the person to whom the order applies within 14 days after receiving notice of the decision to allow it to stand.

(3) The NICC may make such inquiries as it thinks fit into the question of whether or not the exclusion order should be overruled.

(4)–(5A) (Repealed)

(6) If the decision of the NICC is to overrule the exclusion order, the decision operates to revoke the order but does not prejudice the right of a casino operator or person for the time being in charge of a casino, acting in good faith, to give a further exclusion order to the person affected.

(7) An application for review of an exclusion order does not stay or otherwise affect the operation of the order pending the casino operator’s or the NICC’s decision on the application.

s 80: Am 1999 No 49, Sch 1 [3]; 2001 No 27, Schs 1 [18]–[20], 2 [4] [5]; 2018 No 7, Sch 1.3 [3]–[7].