There is hereby established an authority to be known as the Casino Control Authority.

The Authority shall be a body corporate having perpetual succession and a common seal, with power to purchase, take, hold, transfer, and lease property, and to sue and be sued, and shall have all the rights, powers, and privileges of a natural person.

The common seal of the Authority shall be judicially noticed in all Courts and for all purposes.

The Authority shall consist of 6 members appointed by the Governor-General on the recommendation of the Minister, being—

The powers of the Authority shall not be affected by any vacancy in its membership, or by any deficiency in the appointment of any member.

The Authority shall, within the scope of its jurisdiction, be deemed to be a Commission of Inquiry under the Commissions of Inquiry Act 1908, and, subject to the provisions of this Act and of any regulations made under this Act, the provisions of that Act shall apply accordingly.

For the purposes of this section, the power to issue summonses requiring the attendance of witnesses before the Authority or the production of documents, or to do any other act preliminary or incidental to the hearing of any matter by the Authority may be exercised by the chairperson or the secretary of the Authority purporting to act by direction or with the authority of the chairperson.

In addition to its powers under the Commissions of Inquiry Act 1908, the Authority may at any time, if it thinks fit, rehear any matter that has been determined by it.

The Authority may receive as evidence any statement, document, information, or matter that in its opinion may assist it to deal effectually with any matter before it, whether or not the statement, document, or matter would be admissible in a Court of law.

Subject to subsection (1) of this section, the Evidence Act 1908 shall apply to the Authority and to the members, and to all proceedings before the Authority, in the same manner as if the Authority were a Court within the meaning of that Act.

Where under this Act any person is entitled to appear and be heard in relation to any matter in any proceedings before the Authority, that person may appear in person or by his or her counsel, solicitor, or agent, and shall have the right to produce evidence and to call, examine, and cross-examine witnesses.

Subject to the succeeding provisions of this section, the Authority may from time to time appoint such officers and employees as it thinks necessary for the efficient performance and exercise of its functions and powers under this Act.

Officers and employees appointed under subsection (1) of this section shall be employed on such terms and conditions of employment and shall be paid such salaries and allowances as the Authority may from time to time determine.

Any determination under subsection (2) of this section shall take effect on such date (whether the date of the determination or any earlier or later date) as may be specified in the determination.

If no date is so specified, the determination shall take effect on the date of the determination.

The Authority may, as and when the need arises, appoint any person who, in its opinion, possesses expert knowledge or is otherwise able to assist in connection with the exercise by the Authority of its functions to make such inquiries or to conduct such research or to make such reports as may be necessary for the efficient performance by the Authority of its functions.

The Authority shall pay persons appointed by it under this section, for services rendered by them, fees or commission or both at such rates as it thinks fit, and may separately reimburse them for expenses reasonably incurred in rendering services for the Authority.

No person shall be deemed to be employed in the service of Her Majesty for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956 by reason of that person’s appointment as an officer or employee of the Authority, or under section 13 of this Act.

The provisions of the First Schedule to this Act shall have effect in relation to the Authority and its affairs.

The functions of the Authority shall be as follows:

The Authority shall, as soon as practicable after the end of each financial year, deliver to the Minister a report of its proceedings and operations during that year, together with a copy of its duly audited accounts for that year and the report of the Audit Office on those accounts.

A copy of the annual report and of the accounts of the Authority, together with a copy of the report of the Audit Office on the accounts, shall be laid before the House of Representatives as soon as practicable after their receipt by the Minister.

The Secretary shall be charged with the general responsibility of supervising the proper administration and operation of this Act.

The particular responsibilities of the Secretary under this Act shall be as follows:

Nothing in this section shall make the Secretary responsible for the investigation and prosecution of offences against this Act.

Every member of the Authority, and every officer or employee of the Authority, and every person appointed by the Authority under section 13 of this Act, shall, while acting as such, be deemed to be an official within the meaning and for the purposes of Part VI of the Crimes Act 1961.

No owner or occupier of any premises shall permit the premises to be operated as a casino otherwise than in accordance with a casino premises licence granted under this Part of this Act.

No person shall operate a casino otherwise than in accordance with a casino operator’s licence granted under this Part of this Act.

The holder of a casino premises licence shall not permit any licensed casino operator to operate the casino to which the casino premises licence relates otherwise than in accordance with an approved casino agreement; and no licensed casino operator shall operate a casino (other than a casino in respect of which the operator also holds the casino premises licence) otherwise than in accordance with an approved casino agreement.

The Authority shall not grant any casino licence unless it is satisfied that the applicant is a suitable person to be granted such a licence.

In considering whether an applicant is a suitable person to be granted a casino licence, the Authority shall take into account the following matters:

On receiving any application for a licence under this Part of this Act, the Authority shall cause to be carried out all such investigations and inquiries as it considers necessary to enable it to consider the application properly.

Without limiting the generality of subsection (1) of this section, the Authority—

The Police shall inquire into and report to the Authority upon the application.

The applicant shall, on request by the Authority, supply to the Authority all such further information as the Authority considers necessary to enable it to consider the application properly.

The Authority may refuse to grant any application for a casino licence if any person from whom it requires a photograph or fingerprints under subsection (2)(a) of this section refuses to allow his or her fingerprints or photograph to be taken.

Any fingerprints required by the Authority under subsection (2)(a) of this section shall be destroyed, and any copies of any such fingerprints shall be returned to the Authority for destruction, by the Authority immediately after the Authority has made its decision whether or not to grant a casino licence.

As soon as practicable after the commencement of this Act, the Authority shall call for applications for a maximum of 2 casino premises licences (in this Part of this Act called the “initial premises licences”).

The Authority shall not grant more than 2 initial premises licences.

The Authority shall not grant more than 1 initial premises licence in the North Island nor more than 1 initial premises licence in the South Island.

Subject to subsection (2) of this section but notwithstanding any other provision of this Act, it shall be a condition of any initial premises licence that the operation of the casino authorised by that licence shall commence within 2 years after the date on which the licence is granted; and if the operation of any such casino does not commence within that period, the licence shall lapse.

The Authority may from time to time, by notice in the Gazette given within the period specified in subsection (1) of this section (or within any extension or extensions of that period made under this subsection), extend that period for a period not exceeding 6 months at any one time if it is satisfied that the delay is not substantially the fault of the holder of the initial premises licence.

No further casino premises licence shall be granted in the North Island within 2 years after the date of the grant of an initial premises licence in that island or within any extension of that period made under section 26(2) of this Act, and no further casino premises licence shall be granted in the South Island within 2 years after the date of the grant of an initial premises licence in that island or within any such extension of that period.

No further casino premises licence shall be granted in the North Island within 2 years after the date of commencement of the operation of a casino in relation to which an initial premises licence is in force in that island, and no further casino premises licence shall be granted within a radius of 100 kilometres of the site of that casino within 5 years after that date.

No further casino premises licence shall be granted in the South Island within 2 years after the date of commencement of the operation of a casino in relation to which an initial premises licence is in force in that island, and no further casino premises licence shall be granted within a radius of 100 kilometres of the site of that casino within 5 years after that date.

Every application for a casino premises licence shall be made to the Authority, and shall—

In considering any application for a casino premises licence, the Authority shall have regard, in addition to the suitability requirements, to the following matters:

The Authority shall not grant a casino premises licence to any applicant until it has—

Every social impact report prepared for the purposes of this section shall deal, to the satisfaction of the Authority, with the likely social impact of the proposed use of the premises as a casino having regard to such matters as the Authority may specify.

Having considered the suitability requirements, the social impact report, and the matters specified in section 29 of this Act, the Authority may grant or refuse to grant any application for a casino premises licence.

Nothing in section 25 of this Act shall require the Authority to grant an application for any initial premises licence where, having considered the suitability requirements, the social impact report, and the matters specified in section 29 of this Act, it is not convinced of the merits of any proposal.

Every casino premises licence shall be issued in the prescribed form.

On granting any casino premises licence, the Authority may impose such conditions as it thinks fit, not being inconsistent with any of the provisions of this Act, relating to—

Every casino premises licence shall authorise the use of the premises as a casino for a period of 25 years commencing with the date on which the operation of the casino commences, and shall then expire, unless—

Subject to subsection (2) of this section, the holder of a casino premises licence may, not earlier than 1 year before the date on which the licence is due to expire in accordance with section 33 of this Act, apply to the Authority for the renewal of the licence.

No holder of an initial premises licence that has lapsed pursuant to section 26 of this Act shall be entitled to the renewal of that licence.

Every application for the renewal of a casino premises licence shall—

On receipt of an application for the renewal of a casino premises licence, the Authority shall satisfy itself of the matters specified in section 29 of this Act, and may consider such of the suitability requirements as it considers appropriate.

Having considered the application in accordance with subsection (4) of this section, the Authority may grant, or refuse to grant, a renewal of the licence.

Every renewal granted under this section shall be for a period of 15 years.

Not earlier than 1 year before the expiry of any period of renewal granted under this section, the holder of the licence may apply for a further renewal of the licence in accordance with this section.

Every application for a casino operator’s licence shall be made to the Authority, and shall—

In considering an application for a casino operator’s licence, the Authority shall have regard, in addition to the suitability requirements, to the following matters:

If, after considering the suitability requirements and the matters specified in section 36 of this Act, the Authority is of the opinion that the applicant for a casino operator’s licence is a suitable person to hold such a licence, the Authority shall grant the licence.

Every casino operator’s licence shall be issued in the prescribed form.

On granting any casino operator’s licence under section 37 of this Act, the Authority may impose such conditions as it thinks fit, not being inconsistent with any of the provisions of this Act, relating to the approval and supervision of operating procedures for the proposed casino, including the matters specified in the Second Schedule to this Act.

Every casino operator’s licence shall authorise the operation of a casino, including the conduct of games in the casino, in conjunction with the holder of a casino premises licence, until—

Every application for the approval of a casino agreement shall be made to the Authority, and shall—

In considering an application for approval of a casino agreement, the Authority shall have regard to such of the suitability requirements as it considers relevant.

If, after considering such of the suitability requirements as it considers relevant, the Authority is satisfied that the operation of the agreement will not derogate from the proper operation of the casino, the Authority shall approve the agreement.

Every approval shall be issued in the prescribed form.

On granting any approval under section 42 of this Act, the Authority may attach such further conditions as it thinks fit to the licence of either party to the agreement, not being inconsistent with any of the provisions of this Act or with any condition already attached to the licence, relating to the approval and supervision of operating procedures for the proposed casino, including the matters specified in the Second Schedule to this Act.

The approval of a casino agreement shall be valid until—

The holder of a casino premises licence may at any time apply in writing to the Authority for approval to change the associated licensed casino operator.

A casino licence holder may at any time apply to the Authority for approval to amend any approved casino agreement.

Every application under this section shall be in writing and shall—

In considering an application under this section, the Authority shall treat it as if it were an application for approval of a casino agreement under section 40 of this Act, and the provisions of sections 41 to 44 of this Act shall apply.

The Authority may at any time, on the application of the holder of any casino licence, vary any of the conditions of the licence in accordance with the terms of the application.

Every application under this section shall—

If the applicant is associated in the operation of any casino with a licensed casino operator or a holder of a casino premises licence, as the case may require, the Authority shall forward a copy of the application to, and consider any submissions made by, the associated licensed casino operator or the associated holder of a casino premises licence.

In considering an application under this section, the Authority may take into account such of the matters specified in section 29 or section 36 or section 42 of this Act (as the case may require) as the Authority considers to be relevant to the application.

Having considered the matters specified in subsections (3) and (4) of this section, the Authority may grant or refuse to grant the application.

The holder of a casino licence may mortgage, charge, or otherwise encumber the licence only with the prior written consent of the Authority, and only to a person (in this section called the mortgagee) approved by the Authority.

Where, in the event of default, the mortgagee wishes to enforce the security under the mortgage, charge, or other encumbrance, the licence and the rights, benefits, and obligations under the licence shall be assigned only to a person (whether as purchaser, receiver, manager, or otherwise) approved by the Authority.

The holder of a casino licence may apply in writing at any time to the Authority for the Authority’s approval under subsection (1) or subsection (2) of this section.

Before giving its approval under subsection (2) of this section, the Authority shall cause to be undertaken such investigations as are necessary to satisfy itself that each proposed assignee, receiver, or manager is a suitable person to be associated or connected with the management and operations of the licensee having regard to the suitability requirements and to such of the matters specified in section 29 or section 36 of this Act as are relevant, in all respects as if the proposed assignee, receiver, or manager were a person similarly involved or connected with an application made under section 28 or section 35 of this Act.

No person shall become an associated person without the prior approval of the Authority.

No associated person shall acquire any new or greater relevant financial interest, or accept any new relevant position, or acquire any new or greater relevant power, without the prior approval of the Authority.

The holder of a casino licence may apply in writing at any time to the Authority for the Authority’s approval under subsection (1) or subsection (2) of this section.

Before giving its approval under subsection (1) or subsection (2) of this section, the Authority shall cause to be undertaken such investigations as are necessary to satisfy itself that the person is a suitable person to be an associated person, or (as the case may require) to have that new or greater financial interest or new position or new or greater power, having regard to the suitability requirements.

Any contract, arrangement, or transaction that would have any effect that is contrary to the preceding provisions of this section shall, to the extent that it would have that effect, be void.

There shall be no appeal to any Court against any decision of the Authority in respect of any of the following matters:

Except as provided in section 47 of this Act, no casino licence shall be transferable.

The holder of a casino licence may at any time surrender the licence to the Authority by notice in writing to that effect, together with the licence.

No person may be employed in a casino in any capacity relating to—

unless that person holds a certificate of approval issued in accordance with this Part of this Act.

Regulations may be made under section 116 of this Act prescribing other classes of casino employees who require a certificate of approval in accordance with this Part of this Act.

Any person engaged by the holder of a casino licence under a contract for services may be required to apply for a certificate of approval in accordance with this Part of this Act, if the Authority determines that the services to be provided by that person relate to any of the activities specified in subsection (1) of this section, or to any activities usually performed by any class of employees prescribed under subsection (2) of this section.

Every application for a certificate of approval shall be made to the Secretary, and shall—

On receiving any application for a certificate of approval under this Act, the Secretary shall cause to be carried out all such investigations and inquiries as the Secretary considers necessary to enable the Secretary to consider the application properly.

Without limiting the generality of subsection (1) of this section, the Secretary—

The Police shall inquire into and report to the Secretary upon the application.

The applicant shall, on request by the Secretary, supply to the Secretary all such further information as the Secretary considers necessary to enable the Secretary to consider the application properly.

The Secretary may refuse to grant any application for a certificate of approval if the applicant refuses to allow his or her fingerprints or photograph to be taken when required to do so under subsection (2)(a) of this section.

Any fingerprints required by the Secretary under subsection (2)(a) of this section shall be destroyed, and any copies of any such fingerprints shall be returned to the Secretary for destruction, by the Secretary immediately after the Secretary has decided whether or not to grant a certificate of approval.

In considering an application for a certificate of approval, the Secretary shall have regard to—

The Secretary shall not grant an application for a certificate of approval unless satisfied, having regard to the matters specified in subsection (1) of this section, that the applicant is a suitable person to be employed in a casino.

Where the Secretary proposes to refuse to grant an application for a certificate of approval, the following provisions shall apply:

Where the Secretary grants an application for a certificate of approval, the Secretary shall issue to the applicant a certificate in the form and containing the particulars specified in regulations made under this Act.

A certificate of approval shall remain in force until—

The holder of a certificate of approval may at any time surrender the certificate to the Secretary by notice in writing to that effect, together with the certificate.

Notwithstanding anything in section 52 of this Act, where an application for a certificate of approval has been made and the Secretary considers that—

the Secretary may permit the applicant to commence work in the casino before the determination of the application subject to such terms, conditions, and restrictions as the Secretary considers appropriate in the particular case.

The Governor-General may from time to time, by Order in Council, make regulations specifying the days on which and the hours during which licensed casinos may operate.

Notwithstanding subsection (1) of this section, no such regulations shall authorise a casino to be operated—

Notwithstanding anything in the Sale of Liquor Act 1989, any on-licence granted under that Act in respect of a licensed casino shall be deemed to authorise the sale of liquor for consumption in the casino at any time while the casino is being lawfully operated.

The Authority may, from time to time, by notice in the Gazette, make rules prescribing games that may be conducted or played in a casino.

Rules made under this section—

No deposit, charge, or levy, other than a commission or levy provided for in the rules of a game, shall be charged, taken, or made directly or indirectly, by the holder of a casino licence, on, from, to, or in respect of any person for the right to enter the casino or to play any game in the casino.

It is immaterial for the purposes of subsection (1) of this section that any such deposit, charge, or levy is or is claimed to be refundable.

No holder of a certificate of approval shall, in a casino in which he or she is employed or with which he or she is associated,—

No holder of a casino operator’s licence, or an agent or employee of a holder of a casino licence, shall, in connection with any gaming,—

other than in accordance with regulations made under this Act, or in the absence of any such regulations, with the approval of the Authority.

The fact that a casino is licensed under this Act shall not entitle any person to enter or to remain on the casino premises as against the holder of the casino premises licence or the casino operator’s licence; and, subject to any right conferred by or under any other Act, every person shall leave the casino premises when required to do so by or on behalf of the holder of the licence.

The provisions of subsection (1) of this section are in addition to, and not in derogation from, the Trespass Act 1982.

The Governor-General may from time to time, by Order in Council, make regulations controlling or prohibiting the admission of persons to licensed casinos.

Any such regulations may exclude from any licensed casino any specified class or classes of person, either absolutely or subject to such special conditions as may be prescribed in the regulations.

Every person who enters, or remains in, a casino in breach of any regulations made under this section, or of any conditions imposed under any such regulations, shall be deemed to have committed an offence against section 4 of the Trespass Act 1982 and shall be liable accordingly.

The holder of a casino operator’s licence—

The Authority may, by notice in writing, give directions to the holder of a casino licence in the following circumstances:

No such direction shall include any provision that is inconsistent with any provision of this Act or of any regulations made under this Act.

Every such direction given by the Authority shall, within 20 working days, be published in the Gazette.

The holder of a casino operator’s licence shall provide for persons employed or to be employed in the conduct of games in the casino training courses in the conduct of those games.

The content, format, and duration of such courses shall be from time to time approved by the Authority.

The holder of the casino operator’s licence shall not employ any person in the conduct of any game unless the employee has completed the approved course of training relating to the conduct of the game concerned.

The holder of the casino operator’s licence may, subject to such terms and conditions as the Authority may approve, conduct simulated games for training purposes.

The Authority may from time to time exempt any employee or class of employees from the requirements of this section.

All books, records, and documents relating to the operation of the casino shall be kept by the holder of the casino licence in the casino premises.

The Authority may, on the application of the holder of a casino licence,—

Subject to subsection (4) of this section, and to any other enactment or rule of law relating to the retention or destruction of books, records, and documents, all books, records, and documents referred to in subsection (1) of this section shall be retained by the holder of the licence for a period of 7 years after the completion of the last transaction to which they relate.

The Authority may, on the application of the holder of the licence, approve—

No holder of a casino licence shall, without the approval in writing of the Authority, enter into or be a party to any lease, contract, agreement, or arrangement, written or unwritten, with any other person for that person to lease, let, lend, or otherwise provide any thing or to furnish any service in return for—

If the Authority considers that it is desirable or appropriate to do so in any particular case, it may, upon application made to it in that behalf, approve in writing a lease, contract, agreement, or arrangement referred to in subsection (1) of this section.

The holder of a casino licence shall, if directed by the Authority to do so, furnish to the Authority, within the time stipulated by it, such information as the Authority thinks fit with respect to any lease, contract, agreement, or arrangement (in this section referred to as the agreement) written or unwritten, with any other person relating to the casino.

Without limiting the generality of subsection (1) of this section, matters concerning which the Authority may direct the furnishing to it of information include—

The holder of a casino licence shall, if directed by the Authority to do so, furnish to the Authority, within such time as may be stipulated by the Authority, a copy of the agreement if it is in writing.

If the Authority, upon a review of any information or document furnished to it under this section, is of the opinion that the continuance of the agreement jeopardises the integrity of gaming having regard to the object of this Act, it may issue to the licensee who is the party to the agreement a notice in writing requiring the licensee to show cause why the agreement should not be terminated.

The notice shall set out the grounds giving rise to its issue and shall stipulate a date, being not earlier than 20 working days after such issue, on or before which cause is required to be shown.

Where the Authority issues a notice, it shall issue a copy to the other party to the agreement.

The licensee to whom the notice is issued may respond in writing to the Authority to show cause at any time not later than the date stipulated in the notice in that respect.

The other party may make such submissions to the Authority as he or she thinks fit at any time not later than that stipulated date.

The Authority shall consider any answers given in reply to the notice to show cause, and any submissions made by the other party, and,—

The Authority’s direction referred to in subsection (9)(b) of this section, and the reasons for it, shall be given in writing to the parties to the agreement, and shall specify a date on which the agreement is terminated under this Act if not sooner terminated by the parties.

The agreement in question, if not sooner terminated by the parties to the agreement, is terminated by force of this Act on the date specified in the direction in that behalf.

The termination of the agreement by force of this Act does not affect the rights and obligations of the parties up to the time of such termination.

No liability for breach of the agreement attaches to any party by reason only of its termination by force of this Act.

The manager or other principal officer of a bank in which the holder of a casino licence keeps and maintains an account in relation to the operation of a casino shall, when so required in writing by the Authority, furnish to the Authority a statement of account and any other particulars required by the Authority to be so furnished, including copies of cheques or records relevant to the account; and no liability shall be incurred by the bank or the manager or other principal officer in respect of any breach of trust or otherwise by reason only of the furnishing of any statement or particulars or copies pursuant to this section.

Every holder of a casino premises licence shall pay to the Authority in each financial year a levy of an amount specified by the Authority in accordance with subsection (4) of this section.

The Authority shall calculate the amount of the levies to be paid under this section so as to ensure that the costs of the Authority, and the costs of administering and enforcing this Act (including such costs incurred by the Secretary and by the Police), can be met fully out of the amounts paid by way of the levies.

When the Authority has calculated the amount of the levies to be paid under this section in respect of any financial year, the Authority shall recommend to the Minister of Internal Affairs and the Minister of Finance that that amount be the amount of the levies for that year, and the Ministers may approve that amount or fix any other amount that they consider more appropriate having regard to the provisions of subsection (2) of this section.

Within the period of 60 working days before the commencement of any financial year, the Authority shall, by notice in the Gazette, specify the amount of the levies to be paid under this section for that year, being the amount approved or fixed by the Ministers under subsection (3) of this section.

Levies under this section shall be paid by quarterly instalments, and each instalment shall be paid before the commencement of the quarter to which it relates.

When a casino licence is issued during a quarter, the first instalment of the levy payable under this section—

It shall be a condition of every casino licence that the holder shall pay by the due date all sums imposed by way of levy under this section.

Any sum due and owing by way of any levy imposed under section 76 of this Act shall be recoverable in any Court of competent jurisdiction as a debt due to the Crown.

If any sum due and owing by way of any levy imposed under section 76 of this Act remains unpaid on the expiry of 1 month after the due date, a penalty at the rate of 5 percent of the amount owing shall be added to that amount.

Thereafter on the expiry of each successive month while any part of that sum (including any amount added by way of penalty in accordance with this section) remains owing, a further penalty at the rate of 5 percent of the amount then owing shall be added to that amount.

Notwithstanding anything in subsection (1) or subsection (2) of this section, the Authority may, in any particular case, remit the whole or any part of any penalty or further penalty imposed under this section where it thinks it just to do so.

Out of the money received by the Authority in each financial year by way of levy imposed under section 76 of this Act there shall be paid such sum as the Minister of Finance shall specify, being sufficient in the opinion of that Minister to meet the costs of administering and enforcing this Act (including such costs incurred by the Secretary and by the Police) in that financial year.

All money required to be paid under this section shall be paid into such account or accounts under the Public Finance Act 1989 as the Minister of Finance may specify.

The Secretary shall from time to time appoint such number of persons to be inspectors as may be required for the efficient performance of the functions conferred on inspectors by section 83 of this Act.

Every member of the Police shall have and may exercise all the powers, and may perform any of the functions, of inspectors under this Act.

The Secretary shall issue a warrant of appointment to every person appointed as an inspector under this Act.

Every warrant of appointment shall—

Every warrant of appointment shall be sufficient evidence of the authority of the holder to exercise any of the powers conferred on inspectors under this Act.

Every inspector shall, before exercising any powers under this Act, produce his or her warrant of appointment on demand by any person who may be interested in or affected by the exercise of those powers by the inspector.

The functions of inspectors under this Act shall be as follows:

Upon receiving a complaint from a customer relating to the conduct of gaming in any casino, an inspector shall forthwith investigate the complaint.

The inspector shall inform the licensed casino operator of the substance of the complaint, and give that operator a reasonable opportunity to make a response to it.

If, as a result of the investigation, the inspector is satisfied that—

the inspector shall report the matter to the Authority in writing.

The inspector shall give or send a copy of his or her report to the licensed casino operator.

Every complainant shall be informed of the results of the investigation of his or her complaint and as to any consequent action taken.

Any inspector may at any time enter and remain in any casino, or any part of a casino, for the purpose of exercising his or her powers under this Act.

Without limiting the generality of section 82(4) of this Act, any inspector who exercises the power conferred by subsection (1) of this section shall carry his or her warrant of appointment and shall produce that warrant whenever required to do so in the casino by any person appearing to be in charge of the casino or any part of it.

While exercising the power conferred by section 85 of this Act, any inspector may, for the purpose of ascertaining whether or not the provisions of this Act, or the terms and conditions of the licence, or any directions issued by the Authority, are being complied with,—

No person shall be required to answer any question asked by an inspector if the answer would or could tend to incriminate that person, and that person shall be informed of that right before the inspector exercises the power to demand information conferred by this section.

Any inspector may, while in a casino in the exercise of his or her power under section 85 of this Act, seize any equipment, device, or thing that there is reasonable ground for believing will be evidence of the commission of an offence against any of the provisions of sections 100 to 104 of this Act.

Any equipment, device, or thing seized under subsection (1) of this section shall be dealt with in accordance with section 199 of the Summary Proceedings Act 1957 as if it had been seized by a constable; and the provisions of that section, with any necessary modifications, shall apply accordingly.

Any inspector may inspect any gaming equipment or chips found on any casino premises to ensure compliance with the requirements of this Act.

Where it is necessary in order that such inspection be properly carried out, the inspector may impound any such equipment and retain possession of it for any period not exceeding 48 hours.

Upon taking possession of any equipment under section 88(2) of this Act, the inspector shall forthwith serve upon the holder of the licence concerned a notice giving particulars of the equipment and the date on which it was taken into the inspector’s possession.

After the expiry of 48 hours after any such notice has been served, the holder of the licence may apply to a District Court Judge for an order directing the inspector to return any equipment specified in the order to the person from whom it was received, or for such other order as the District Court Judge may think fit.

For the purposes of this Part of this Act, a ground for cancellation or suspension of a casino licence arises in each of the following cases:

Any member of the Police or any inspector may at any time, in respect of any casino licence, apply to the Authority in accordance with this section for an order—

on any ground specified in section 90 of this Act.

Every application for an order under this section shall—

Where the Authority considers, on an application under this section, that a ground for the suspension or cancellation of a casino licence may have arisen, the Authority shall—

The applicant, the holder of the licence, and any other person with leave of the Authority, shall be entitled to appear and be heard at the hearing, whether personally or by counsel, and to call, examine, and cross-examine witnesses.

The Authority may adjourn any proceedings under this section for such period as it considers fit to give the holder of the licence an opportunity to remedy any matters that the Authority may require to be remedied within that period.

If, at the conclusion of the proceedings, the Authority is satisfied that all matters in default have been remedied, and any other questions have been answered, to its satisfaction, the Authority shall notify the holder of the licence accordingly and take no further action.

If the Authority is not so satisfied in respect of any such matter, but is of the opinion that the matter is not of such a serious and fundamental nature that the integrity of the operation of the casino is jeopardised or the public interest is otherwise adversely affected, it may issue to the holder of the licence a letter of censure setting out the substance of its finding and of its reasons for issuing the letter; and that letter of censure shall form part of the records of the Authority and may be taken into account in any future proceedings relating to the licence, including its renewal.

Subject to the preceding provisions of this section, if the Authority is satisfied on the conclusion of the proceedings that any of the grounds specified in section 90 of this Act is established and that it is desirable to make an order under this section, it may, by order,—

Where the Authority makes an order under this section, it shall specify in the order the date from which it is to have effect.

Where the Authority makes an order under this section, it shall send a copy of the order and the reasons for it to the holder of the licence, and notify the holder of the licence of the right of appeal conferred by section 95 of this Act.

The Authority may at any time revoke the suspension of any casino licence if it is satisfied that the matters for which the suspension was imposed have been remedied (where possible), and that it would be just to revoke the suspension.

Where the Authority cancels or suspends any casino operator’s licence, it may, on application made to it, make an order authorising the applicant (not being the holder of that casino operator’s licence), or some suitable person nominated by the applicant, to carry on the operation of the casino for such period, not exceeding 3 months, as the Authority may specify in the order.

The Authority may hear and determine an application for an order under this section ex parte, or direct that notice of the application and of the time and place fixed for any hearing shall be served on such persons and in such manner as the Authority may specify.

On granting any application for an order under this section, the Authority may impose such reasonable conditions as it thinks fit.

The holder of a temporary authority shall for the purposes of this Act have the same duties, obligations, and liabilities as the holder of the licence to which the temporary authority relates.

Any member of the Police or any inspector may at any time apply to the Secretary in accordance with this section for an order—

Every application for an order under this section shall—

The applicant shall send or give a copy of the application to the holder of the certificate of approval, and to his or her employer (if any).

The grounds on which an application for an order under this section may be made are as follows:

The Secretary shall—

The applicant and the holder of the certificate shall be entitled to appear and be heard at the hearing, whether personally or by counsel, and to call, examine, and cross-examine witnesses.

If the Secretary is satisfied that any of the grounds specified in subsection (4) of this section is established and that it is desirable to make an order under this section, the Secretary may, by order,—

Where the Secretary makes an order under this section, the Secretary shall specify in the order the date from which it is to have effect.

Where the Secretary makes an order under this section, the Secretary shall send a copy of the order and the reasons for it to the holder of the certificate, and notify the holder of the right of appeal conferred by section 99 of this Act.

The Secretary may at any time revoke the suspension of any certificate of approval if the Secretary is satisfied that the matters for which the suspension was imposed have been remedied (where possible), and that it would be just to revoke the suspension.

Where the Authority cancels or suspends any casino licence, the holder shall surrender the licence to the Authority for cancellation or endorsement.

Where the Secretary cancels or suspends a certificate of approval, the holder shall surrender the certificate to the Secretary for cancellation or endorsement.

Where the Authority directs that any agreement be terminated under section 74(9)(b) of this Act, any party to the agreement may appeal to the High Court against that direction on giving notice of appeal within 10 working days after receiving notice of the direction.

Where the Authority makes any order under section 91(8) of this Act varying or revoking any condition of a casino licence, or imposing any new condition, or suspending or cancelling any such licence, the holder of the licence may appeal to the High Court against the order on giving notice of appeal within 10 working days after receiving notice of the order.

Every notice of appeal under this section shall be in writing and shall be filed in the High Court.

It shall not be necessary to state in the notice of appeal the grounds of the appeal.

Either before or immediately after the filing of the notice of appeal, a copy of the notice shall be served on each of the other parties to the proceedings before the Authority, and a copy shall be left with the Authority.

The licence shall, if the appeal is not finally determined on or before the expiry of the licence by effluxion of time, be deemed to be extended until the final determination of the appeal.

As soon as possible after the receipt by the Authority of a copy of any notice of appeal, the Authority shall send to the office of the High Court in which the appeal has been filed—

Every appeal shall be by way of rehearing; but where any question of fact is involved in any appeal, the evidence taken before the Authority bearing on the question shall, subject to any special order and to the succeeding provisions of this section, be brought before the High Court as follows:

The High Court may in its discretion rehear the whole or any part of the evidence, and shall rehear the evidence of any witness if the Court has reason to believe that any note of the evidence of that witness made by the chairperson of the Authority is or may be incomplete in any material particular.

The High Court shall have full discretionary power to hear and receive further evidence on questions of fact, either by oral evidence or by affidavit.

If the appellant does not appear at the time appointed for hearing the appeal, the appeal shall be dismissed.

If the appellant does not prosecute the appeal with due diligence, any other party to the appeal may apply to the High Court for the dismissal of the appeal.

On hearing the appeal, the High Court may confirm, modify, or reverse the decision appealed against, and the decision of the Court shall be final and binding on all parties.

The Registrar of the High Court shall transmit to the Authority a memorandum of the decision of the Court, and such proceedings shall be had thereon as if the decision had been given by the Authority.

The Registrar shall also return to the Authority any papers and exhibits forwarded by the Authority pursuant to subsection (7) of this section.

Every appeal to the High Court under section 95 of this Act shall be heard and determined by the Administrative Division of the High Court; and accordingly all references to the High Court in any provisions of that section shall, unless the context otherwise requires, be read as references to the Administrative Division of the High Court.

Any party to an appeal under section 95 of this Act who is dissatisfied with the determination of the High Court on any point of law may, with leave of the High Court or (if that leave is declined) with special leave of the Court of Appeal, appeal to the Court of Appeal against the determination.

A party desiring to appeal to the Court of Appeal under this section shall, within 15 working days after being notified of the determination of the High Court, or within such further time as that Court may allow, give notice of the application for leave to appeal in such manner as may be directed by rules of Court; and the High Court may grant leave accordingly if, in the opinion of that Court, the question of law involved in the appeal is one that, by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for decision.

Where the High Court refuses leave to any party to appeal to the Court of Appeal under this section, that party may, within 15 working days after being notified of the refusal of the High Court or within such further time as the Court of Appeal may allow, apply to the Court of Appeal, in such manner as may be directed by rules of Court, for special leave to appeal to that Court; and the Court of Appeal may grant leave accordingly if, in the opinion of that Court, the question of law involved in the appeal is one that, by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for decision.

On any appeal to the Court of Appeal under this section, the Court of Appeal shall have the same power to adjudicate on the proceedings as the High Court had.

The licence shall, if the appeal is not finally determined on or before the expiry of the licence by effluxion of time, be deemed to be extended until the final determination of the appeal.

The decision of the Court of Appeal on any appeal under this section shall be final; and the same judgment shall be entered in the High Court, and the same execution and other consequences and proceedings shall follow thereon, as if the decision of the Court of Appeal had been given in the High Court.

The decision of the Court of Appeal on any application to that Court for leave to appeal shall be final.

No person who has a right of appeal under section 95 of this Act in respect of any order of the Authority shall be entitled—

unless and until that party exercises that right of appeal and the appeal is finally determined.

Where the Secretary refuses to grant a certificate of approval under section 56 of this Act, the applicant shall have a right of appeal to the Authority against the decision of the Secretary.

In every case where the Secretary suspends or cancels a certificate of approval under section 93 of this Act, the holder of the certificate shall have a right of appeal to the Authority against the decision of the Secretary.

Every appeal under this section shall be brought within 20 working days after notice of the Secretary’s decision is received by the applicant or holder or such longer time as the Authority may authorise.

On hearing the appeal, the Authority may—

The certificate of approval shall remain in force until the final determination of the appeal.

Every person commits an offence and is liable to a fine not exceeding $5,000 who, in any casino, conducts, or allows or permits any other person to conduct, any game that is not an authorised game.

Every person commits an offence and is liable to a fine not exceeding $4,000 who, in any casino, conducts any authorised game otherwise than in accordance with the rules as notified under section 63 of this Act.

Every person commits the offence of cheating who, in any casino, knowingly contravenes the rules of any authorised game with the intention of obtaining any pecuniary advantage, directly or indirectly, for himself or herself or for any other person.

Every person who is convicted on indictment of an offence of cheating is liable to imprisonment for a term not exceeding 1 year or to a fine not exceeding $20,000.

Every person commits an offence and is liable to a fine not exceeding $2,000 who has in his or her possession any equipment, instrument, or device capable of being used for the purpose of an offence against section 102 of this Act in circumstances that show prima facie an intention to use the equipment, instrument, or device for that purpose.

It is a defence to a charge under subsection (1) of this section if the person charged proves that he or she did not intend to use the equipment, instrument, or device for the purpose of committing an offence against section 102 of this Act.

Every person commits an offence and is liable on conviction upon indictment to imprisonment for a term not exceeding 3 years who—

Every person commits an offence and is liable on conviction upon indictment to imprisonment for a term not exceeding 1 year who passes or attempts to pass any counterfeit chip knowing it to be counterfeit.

Every person commits an offence and is liable on conviction upon indictment to imprisonment for a term not exceeding 1 year who has in his or her possession or under his or her control any counterfeit chip knowing it to be counterfeit and intending to pass it as genuine.

For the purposes of this section,—

Every person commits an offence and is liable to a fine not exceeding $500 who, being under the age of 20 years, is found in the gaming area of any casino.

Every person commits an offence and is liable to a fine not exceeding $1,000 who, being the holder of any casino licence or an employee or agent of that licensee, allows any person who is under the age of 20 years to enter or remain in the gaming area of the casino.

It is a defence to a charge under subsection (2) of this section if the defendant proves that he or she believed on reasonable grounds that the person to whom the charge relates had attained the age of 20 years.

It is a defence to a charge under subsection (2) of this section if the defendant satisfies the Court that, as soon as the defendant or any employee or agent of the licensee became aware of the situation, reasonable steps were taken to remove each person concerned from the gaming area of the casino.

Every person commits an offence and is liable to a fine not exceeding $500 who falsely represents to the holder of a casino licence, or to an employee or agent of that licensee, that he or she has attained the age of 20 years with the intention of being permitted to enter or remain in the gaming area of the casino.

Every person commits an offence and is liable to a fine not exceeding $500 who fails to surrender a licence or certificate of approval in accordance with section 94 of this Act.

Every person commits an offence and is liable to a fine not exceeding $2,000 who, being an inspector or an authorised officer, gambles in any casino otherwise than when and to the extent that it is necessary to do so in the course of his or her official duties.

Every person commits an offence and is liable to a fine not exceeding $2,000 who intentionally obstructs any inspector acting in the execution of his or her duty.

Any member of the Police may arrest without warrant any person whom he or she has good cause to suspect of having committed an offence against any of sections 102 to 104 of this Act.

Any member of the Police or any inspector who has reasonable cause to suspect that any person has committed or is committing or is attempting to commit any offence against this Act may demand particulars of—

If the member of the Police or inspector has reasonable ground to suppose that any such particulars are false, he or she may require the person to supply satisfactory evidence of those particulars.

If any person, without reasonable excuse, refuses or fails to supply any particulars or evidence when required to do so by any member of the Police or inspector under this section, and persists in that refusal or failure after being cautioned by the member of the Police or inspector, that person may be arrested, without warrant, by any member of the Police.

Every person commits an offence and is liable to a fine not exceeding $500 who, having been required by any member of the Police or inspector to supply any particulars or evidence under this section, without reasonable excuse,—

Every person who commits an offence against this Act or against any regulations made under this Act for which no penalty is provided elsewhere than in this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000.

Every offence against this Act or against any regulations made under this Act, other than an offence against any of the provisions of sections 102 and 104 of this Act, shall be punishable on summary conviction.

No prosecution for an offence against this Act or against any regulations made under this Act shall be commenced except on the information of a member of the Police.

On the conviction of any person of an offence against any of the provisions of this Act or of any regulations made under this Act, the Court in which the conviction is entered may, in addition to any other penalty that may be imposed under this Act in respect of the offence, order that any equipment, thing, document, or money used in respect of the commission of the offence be forfeited to the Crown.

Where any such order is made, the provisions of subsections (4) to (6) of section 199 of the Summary Proceedings Act 1957, so far as they are applicable and with any necessary modifications, shall apply.

Subject to subsection (2) of this section, any equipment, thing, or document forfeited to the Crown under this section shall be delivered to the Secretary, and may be destroyed or otherwise disposed of in such manner as the Secretary thinks fit.

An extract of any register or record kept by the secretary of the Authority, or by the Secretary, for the purposes of this Act, and certified as such by the secretary of the Authority or (as the case may require) by the Secretary, shall be sufficient evidence of the matters stated in the extract.

The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following matters:

Part II of the First Schedule to the Ombudsmen Act 1975 is hereby amended by inserting, after the item relating to the Broadcasting Commission (as inserted by section 88 of the Broadcasting Act 1989), the following item:

Section 5 of the Goods and Services Tax Act 1985 is hereby amended by inserting, after subsection (11a) (as inserted by section 5(3) of the Goods and Services Tax Amendment Act 1986), the following subsections:

Section 9(2) of the Goods and Services Tax Act 1985 is hereby amended by adding the following paragraph:

Section 10 of the Goods and Services Tax Act 1985 is hereby amended by inserting, after subsection (15) (as substituted by section 7(1) of the Goods and Services Tax Amendment Act 1988), the following subsections:

Section 10(16) of the Goods and Services Tax Act 1985 is hereby amended by inserting, before the words “Where a right to receive”, the words “Subject to subsection (15a) of this section,”.

Section 10(17) of the Goods and Services Tax Act 1985 is hereby amended by inserting, before the words “Where a right to receive”, the words “Subject to subsection (15a) of this section,”.

Part II of the First Schedule to the Summary Proceedings Act 1957 is hereby amended by inserting, after the item relating to the Burial and Cremation Act 1964 (as inserted by section 56(4) of that Act), the following item: