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

#### 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\[45\].