16Restrictions relating to key officials and former key officials

#### 16 Restrictions relating to key officials and former key officials 16 Restrictions relating to key officials and former key officials > > (1) A key official or former key official must not without the approval of the appropriate authority carry out any of the following activities— > > > > > (a) hold any type of gaming or liquor licence, > > > > > (b) hold office as a member of the governing body of a registered club, > > > > > (c) solicit employment, in any capacity, from a gaming or liquor licensee, a person known by the official to be a close associate of such a licensee or from a gaming or liquor industry peak body, > > > > > (d) be an employee in any capacity of— > > > > > > > (i) a gaming or liquor licensee, or > > > > > > > (ii) a person known by the official to be a close associate of a gaming or liquor licensee, or > > > > > > > (iii) a casino contractor, or > > > > > > > (iv) a gaming or liquor industry peak body, > > > > > (e) knowingly have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a gaming or liquor licensee or a person known by the official to be a close associate of such a licensee, > > > > > (f) be a close associate of a person known by the official to be an applicant for, or the holder of, a gaming or liquor licence. > > > > Maximum penalty—50 penalty units. > > > (2) A gaming or liquor licensee or a close associate of such a licensee must not without the approval of the appropriate authority carry out any of the following activities— > > > > > (a) employ, in any capacity, a person known by the licensee or close associate to be a key official or former key official, > > > > > (b) knowingly have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a person known by the licensee or close associate to be a key official or former key official. > > > > Maximum penalty—50 penalty units. > > > (2A) A key official, former key official, gaming or liquor licensee or close associate may apply in writing to the appropriate authority for an approval under this section. > > > (2B) The appropriate authority may grant an approval under this section if the appropriate authority is satisfied that the carrying out of the activity does not involve, or is unlikely to involve, any undue risk that is inconsistent with the objects of this Act. > > > (2C) The regulations may make provision for and with respect to the criteria to be used by the appropriate authority in determining whether to grant an approval under this section. > > > (3) Approvals granted by the appropriate authority under this section are to be recorded and available for public inspection. > > > (3A) The Minister may, by order in writing published in the Gazette, determine that an association, organisation or other body representing the interests of gaming or liquor licensees is a gaming or liquor industry peak body for the purposes of this section. > > > (4) In this section— > > > > appropriate authority, in relation to a key official or former key official, means— > > > > > (a) in the case of a designated Public Service employee or other Public Service employee, or former designated Public Service employee or other former Public Service employee—the Secretary, or > > > > > (a1) for a member of staff of the NICC—the NICC, or > > > > > (b) in the case of a consultant to the Authority or former consultant to the Authority—the Authority, or > > > > > (b1) for a consultant to the NICC or former consultant to the NICC—the NICC, or > > > > > (c) in the case of a member of the NSW Police Force or former member of the NSW Police Force—the Commissioner of Police, or > > > > > (d) in any other case—the Minister. > > > > casino contractor means a person who is a party to a controlled contract with a casino operator or with a person who is the subject of a notice under section 38 of the [Casino Control Act 1992](/view/html/inforce/current/act-1992-015). > > > > former key official means— > > > > > (a) a person who was a key official (other than a person referred to in paragraph (b) or (c)) at any time during the previous 2 years but who is no longer a key official, or > > > > > (b) a person who was engaged in the administration of the gaming and liquor legislation and was a designated Public Service employee other than a Public Service senior executive at any time during the previous 6 months but who is no longer a key official, or > > > > > (c) a person who was at any time General Counsel of the Authority but who is no longer a key official. > > > > gaming or liquor industry peak body means an association, organisation or other body determined to be a gaming or liquor industry peak body by order under subsection (3A). > > **s 16:** Am 2009 No 72, Sch 3 \[5\]; 2011 No 72, Sch 4 \[6\]; 2014 No 76, Sch 2 \[18\]; 2015 No 56, Sch 1 \[17\]; 2018 No 7, Sch 1.5 \[2\]–\[10\]; 2022 No 36, Sch 3.1\[15\].