Casino Control Act 1990
Casino Control Act 1990
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Casino Control Act 1990
Casino Control Act 1990
Public Act |
1990 No 62 |
|
Date of assent |
1 August 1990 |
|
Contents
An Act—
(a)
To authorise the establishment and operation of licensed casinos; and
(b)
To promote the development of licensed casinos in a manner consistent with the promotion of tourism, employment, and economic development generally; and
(c)
To provide for the regulation of casinos in the public interest
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Casino Control Act 1990.
(2)
This Act shall come into force on the day after the date on which it receives the Royal assent.
2 Interpretation
(1)
In this Act, unless the context otherwise requires,—
“Approved casino agreement” means a casino agreement approved by the Authority under section 42 of this Act:
“Associated licensee”,—
(a)
In relation to the holder of a casino premises licence, means the licensed casino operator who operates the casino to which the casino premises licence relates; and
(b)
In relation to a licensed casino operator, means the holder of the casino premises licence in respect of the casino operated by the licensed casino operator;—
and “associated holder of a casino premises licence”
and “associated licensed casino operator”
have corresponding meanings:
“Authorised game” means a game prescribed under section 63 of this Act to be a game authorised for the purposes of this Act:
“Authorised officer” means—
(a)
Any member of the Authority:
(b)
Any officer or employee of the Authority appointed under section 12 of this Act:
(c)
Any person appointed by the Authority under section 13 of this Act:
(d)
Any inspector:
(e)
Any other employee of the Department of Internal Affairs engaged in duties relating to the responsibilities of the Secretary under this Act:
“Authority” means the Casino Control Authority established by section 7 of this Act:
“Casino agreement” means any arrangement or agreement made between the holder of a casino premises licence and a licensed casino operator to operate the casino to which the casino premises licence relates:
“Casino count”, in relation to a casino, means a count of money or money’s worth paid for the right to participate in gaming in that casino:
“Casino licence” means—
(a)
A casino premises licence; or
(b)
A casino operator’s licence—
granted under Part II of this Act:
“Casino premises”, in relation to any licensed casino, means the area defined as constituting the casino in the casino premises licence, which shall include any building or room in which games are conducted and played and in which money counting, surveillance, storage, and other activities related to the conduct and playing of games are carried on:
“Certificate of approval” means a certificate of approval as an employee in a casino issued under section 57 of this Act:
“Chips” means any tokens used or capable of being used in a casino in the conduct of gaming in the place of money and approved for the purpose by the Authority:
“Department” means a Department specified in the First Schedule to the State Sector Act 1988:
“Gaming area”, in relation to a casino, means the area of the casino designated by the Authority as the area in which gaming is to be conducted:
“Inspector” means an inspector appointed under section 80 of this Act:
“Junket” means a person or persons entering New Zealand for the primary purpose of gambling in a casino where—
(a)
The arrangements are made, at least in part, by a junket organiser; and
(b)
The whole, or a substantial part, of the costs of transportation, food, and lodging for that person or those persons is paid by or on behalf of the holder of the casino licence:
“Junket organiser” means a person who is engaged for pecuniary gain in the organisation of the entry into New Zealand of any person or persons for the primary purpose of gambling in casinos:
“Licensed casino operator” means the holder of a casino operator’s licence granted under section 37 of this Act:
“Minister” means the Minister of Internal Affairs:
“Secretary” means the Secretary for Internal Affairs:
“Suitability requirements” means the requirements specified in section 23 of this Act:
“Working day” means any day except—
(a)
A Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and
(b)
A day in the period commencing with the 20th day of December in any year and ending with the 15th day of January in the following year.
(2)
For the purposes of this Act, “game”
includes any game of chance, prize competition, or lottery within the meaning of the Gaming and Lotteries Act 1977; and “gaming”
has a corresponding meaning.
3 Meaning of “associated person”
(1)
For the purposes of this Act, “associated person”
, in relation to an applicant for a casino licence or to the holder of a casino licence, means—
(a)
Every person who—
(i)
Either—
(A)
Holds or will hold any relevant financial interest; or
(B)
Is or will be entitled to exercise any relevant power,—
whether in his or her own right or on behalf of any other person, in the casino business of that applicant or holder; and
(ii)
By virtue of that interest or that power, is able or will be able to exercise a significant influence over or with respect to the management or operation of that casino business; and
(b)
Every person who holds or will hold any relevant position, whether in his or her own right or on behalf of any other person, in the casino business of that applicant or holder.
(2)
In this Act—
“Relevant financial interest” means—
(a)
Any share in the capital of the business; and
(b)
Any entitlement to receive any income derived from the business:
“Relevant position” means—
(a)
Director, manager, and any other executive position; and
(b)
Secretary,—
however those positions may be designated:
“Relevant power” means any power, whether exercisable by voting or otherwise and alone or in association with others,—
(a)
To participate in any directorial, managerial, or executive decision; or
(b)
To elect or appoint any person to any relevant position.
4 Act to bind the Crown
This Act binds the Crown.
5 Object of Act
The object of this Act is to establish a system for the licensing, supervision, and control of casinos with the aims of—
(a)
Promoting tourism, employment, and economic development generally; and
(b)
Ensuring that gaming in casinos is conducted honestly; and
(c)
Ensuring that the management and operation of casinos remains free from criminal influence or exploitation.
6 Application of Gaming and Lotteries Act 1977 and rules of law
(1)
Notwithstanding anything in the Gaming and Lotteries Act 1977 or any other rule of law, wagering contracts relating to gaming in licensed casinos shall be enforceable at law.
(2)
Subject to subsection (1) of this section, Part IX of the Gaming and Lotteries Act 1977 shall apply, with any necessary modifications, in respect of gaming in licensed casinos.
(3)
Except as provided in section 2(2) of this Act and the preceding provisions of this section, the Gaming and Lotteries Act 1977 shall not apply in relation to any licensed casino.
Part I Casino Control Authority
7 Casino Control Authority established
(1)
There is hereby established an authority to be known as the Casino Control Authority.
(2)
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.
(3)
The common seal of the Authority shall be judicially noticed in all Courts and for all purposes.
8 Membership of Authority
(1)
The Authority shall consist of 6 members appointed by the Governor-General on the recommendation of the Minister, being—
(a)
A person who is, or has been, a barrister and solicitor of the High Court of New Zealand who has had not less than 7 years’ legal experience as defined in section 55(1) of the Law Practitioners Act 1982, who shall be appointed as the chairperson of the Authority; and
(b)
Five other persons who, in the opinion of the Minister, are qualified to be members of the Authority, having regard to the functions, powers, and responsibilities of the Authority, by virtue of their knowledge, experience, or expertise.
(2)
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.
9 Authority deemed to be Commission of Inquiry
(1)
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.
(2)
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.
(3)
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.
10 Evidence in proceedings before Authority
(1)
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.
(2)
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.
11 Representation of parties
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.
12 Employees of Authority
(1)
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.
(2)
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.
(3)
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.
(4)
If no date is so specified, the determination shall take effect on the date of the determination.
13 Employment of experts
(1)
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.
(2)
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.
14 Application of certain Acts to staff of 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.
15 Further provisions relating to Authority
The provisions of the First Schedule to this Act shall have effect in relation to the Authority and its affairs.
16 Functions of Authority
The functions of the Authority shall be as follows:
(a)
To consider applications for, and to grant, casino licences under Part II of this Act:
(b)
To determine the conditions of the licences to be issued under Part II of this Act:
(c)
To consider and determine appeals in relation to the issue, cancellation, and suspension of certificates of approval in accordance with section 99 of this Act:
(d)
To advise the Minister on matters relating to the administration of this Act and of regulations made under this Act:
(e)
To determine policy in relation to the supervision and inspection of casinos:
(f)
To approve the games to be played in casinos and the rules under which such games are to be played:
(g)
To carry out such other functions as are conferred on the Authority by or under this Act or any other Act.
17 Annual report
(1)
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.
(2)
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.
Administration
18 Responsibilities of Secretary
(1)
The Secretary shall be charged with the general responsibility of supervising the proper administration and operation of this Act.
(2)
The particular responsibilities of the Secretary under this Act shall be as follows:
(a)
To appoint under section 80 of this Act such inspectors as may be necessary for the adequate supervision of the operation of licensed casinos:
(b)
To co-operate with the Authority and its officers and employees to ensure the proper functioning of this Act:
(c)
To consider applications for, and to grant, certificates of approval under Part III of this Act:
(d)
To carry out such other functions as are conferred on the Secretary by or under this Act.
(3)
Nothing in this section shall make the Secretary responsible for the investigation and prosecution of offences against this Act.
19 Corrupt use of official information
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.
Part II Casino Licences
General Requirements
20 Casino premises require licence
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.
21 Operation of casino requires licence
No person shall operate a casino otherwise than in accordance with a casino operator’s licence granted under this Part of this Act.
22 Agreement between holder of casino premises licence and licensed operator to be approved
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.
23 Suitability requirements
(1)
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.
(2)
In considering whether an applicant is a suitable person to be granted a casino licence, the Authority shall take into account the following matters:
(a)
The honesty of the applicant and of each associated person, including—
(i)
Whether the applicant or associated person has any convictions for crimes involving dishonesty within the meaning of section 2 of the Crimes Act 1961; and
(ii)
Whether the applicant or associated person has been disciplined by a professional body for ethical misconduct; and
(iii)
Whether the applicant or associated person has been censured in any way during previous involvement with any casino; and
(iv)
Any other matters raised in the Police report provided under section 24 of this Act:
(b)
The financial position of the applicant or associated person, including—
(i)
Whether the applicant or associated person has ever been declared bankrupt; and
(ii)
Whether the applicant or associated person has ever been directly involved in the management of any company that went into receivership or liquidation; and
(iii)
Whether the applicant or associated person has sufficient financial resources:
(c)
The business skills of the applicant or associated person, including—
(i)
Whether the applicant or associated person has sufficient business management experience; and
(ii)
Whether the applicant or associated person has sufficient experience in casino operation or the operation of like ventures; and
(iii)
Whether the applicant or associated person has qualifications relevant to the operation of a casino:
(d)
The management structure of the applicant, including—
(i)
Whether the proposed management structure of the applicant is suitably arranged for effective compliance with this Act; and
(ii)
The nature of all relevant interests in the financial and management structure of the applicant; and
(iii)
Whether all such interests encourage the applicant’s effective compliance with the Act:
(e)
Any other matters relevant to the holding of a casino licence.
24 Investigations and reports
(1)
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.
(2)
Without limiting the generality of subsection (1) of this section, the Authority—
(a)
May require any person it is investigating in relation to the suitability requirements to consent to having his or her photograph and fingerprints taken; and
(b)
Shall refer a copy of the application, and of any such photograph or fingerprints, and of any supporting documentation to the Police.
(3)
The Police shall inquire into and report to the Authority upon the application.
(4)
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.
(5)
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.
(6)
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.
Casino Premises Licences
25 Authority to call initially for a maximum of 2 casino premises licences only
(1)
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”
).
(2)
The Authority shall not grant more than 2 initial premises licences.
(3)
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.
26 Casinos to be operated under initial premises licences within 2 years
(1)
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.
(2)
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.
27 No further premises licences for specified period
(1)
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.
(2)
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.
(3)
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.
28 Application for casino premises licence
Every application for a casino premises licence shall be made to the Authority, and shall—
(a)
Be in the prescribed form and contain the prescribed particulars; and
(b)
Be accompanied by the prescribed fee.
29 Matters to which Authority shall have regard in considering casino premises licence application
In considering any application for a casino premises licence, the Authority shall have regard, in addition to the suitability requirements, to the following matters:
(a)
The standard and nature of the proposed casino, and the facilities to be provided in, or in conjunction with, the proposed casino:
(b)
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:
(c)
The extent to which the beneficial ownership of the casino will be vested in New Zealand citizens or persons ordinarily resident in New Zealand.
30 Social impact report
(1)
The Authority shall not grant a casino premises licence to any applicant until it has—
(a)
Received from the applicant a social impact report in relation to the proposal; and
(b)
Satisfied itself that the proposed casino will not have unduly negative social impacts on the place or the region in which it is proposed to be sited.
(2)
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.
31 Grant of casino premises licence
(1)
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.
(2)
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.
(3)
Every casino premises licence shall be issued in the prescribed form.
32 Conditions of casino premises licence
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—
(a)
The completion and operation of the facilities that the applicant, in or in support of the application, has undertaken to provide in, or in conjunction with, the proposed casino; and
(b)
The approval and supervision of operating procedures for the proposed casino, including the matters specified in the Second Schedule to this Act.
33 Duration of casino premises licence
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—
(a)
The holder of the licence sooner surrenders the licence under section 51 of this Act; or
(b)
The licence is sooner cancelled by the Authority under section 91 of this Act; or
(c)
In the case of an initial premises licence, the licence lapses under section 26 of this Act; or
(d)
The licence is renewed under section 34 of this Act.
34 Renewal of casino premises licence
(1)
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.
(2)
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.
(3)
Every application for the renewal of a casino premises licence shall—
(a)
Be in the prescribed form and contain the prescribed particulars; and
(b)
Be accompanied by the prescribed fee.
(4)
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.
(5)
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.
(6)
Every renewal granted under this section shall be for a period of 15 years.
(7)
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.
Casino Operators’ Licences
35 Application for casino operator’s licence
Every application for a casino operator’s licence shall be made to the Authority, and shall—
(a)
Be in the prescribed form and contain the prescribed particulars; and
(b)
Be accompanied by the prescribed fee.
36 Matters to which Authority shall have regard in considering casino operator’s licence application
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:
(a)
The expertise of the applicant, having regard to the obligations of the holders of casino operators’ licences under this Act:
(b)
Whether the applicant has sufficient business ability to undertake successfully the operation of a casino.
37 Grant of casino operator’s licence
(1)
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.
(2)
Every casino operator’s licence shall be issued in the prescribed form.
38 Conditions of casino operator’s licence
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.
39 Duration of casino operator’s licence
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—
(a)
The licensee surrenders the licence under section 51 of this Act; or
(b)
The licence is cancelled by the Authority under section 91 of this Act.
Approval of Agreements
40 Approval of casino agreement
Every application for the approval of a casino agreement shall be made to the Authority, and shall—
(a)
Be in the prescribed form and contain the prescribed particulars; and
(b)
Be accompanied by the prescribed fee.
41 Matters to which Authority shall have regard in considering application for approval of casino agreement
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.
42 Grant of approval
(1)
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.
(2)
Every approval shall be issued in the prescribed form.
43 Further licence conditions
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.
44 Duration of approval
The approval of a casino agreement shall be valid until—
(a)
Either party to the agreement surrenders that party’s casino licence under section 51 of this Act; or
(b)
The casino premises licence expires under section 33 of this Act; or
(c)
Either casino licence is cancelled by the Authority under section 91 of this Act; or
(d)
The Authority approves a new or amended agreement pursuant to section 45 of this Act; or
(e)
The agreement is amended without the approval of the Authority.
45 Change of licensed operator or casino agreement
(1)
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.
(2)
A casino licence holder may at any time apply to the Authority for approval to amend any approved casino agreement.
(3)
Every application under this section shall be in writing and shall—
(a)
Be in the prescribed form and contain the prescribed particulars; and
(b)
Be accompanied by the prescribed fee.
(4)
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.
Miscellaneous Provisions
46 Variation of conditions of licences
(1)
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.
(2)
Every application under this section shall—
(a)
Be in the prescribed form and contain the prescribed particulars; and
(b)
Be accompanied by the prescribed fee.
(3)
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.
(4)
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.
(5)
Having considered the matters specified in subsections (3) and (4) of this section, the Authority may grant or refuse to grant the application.
47 Mortgage and assignment of casino licences
(1)
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.
(2)
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.
(3)
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.
(4)
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.
48 Change of associated person requires prior approval of Authority
(1)
No person shall become an associated person without the prior approval of the Authority.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
49 No appeals against decisions of Authority
There shall be no appeal to any Court against any decision of the Authority in respect of any of the following matters:
(a)
To grant, or refuse to grant, a casino premises licence under section 31 of this Act:
(b)
To impose, or refuse to impose, any condition on any casino premises licence under section 32 of this Act:
(c)
To renew, or refuse to renew, a casino premises licence under section 34 of this Act:
(d)
To grant, or refuse to grant, a casino operator’s licence under section 37 of this Act:
(e)
To impose, or refuse to impose, any condition on any casino operator’s licence under section 38 of this Act:
(f)
To approve, or refuse to approve, any casino agreement under section 42 of this Act:
(g)
To attach, or refuse to attach, any further conditions to any casino licence under section 43 of this Act:
(h)
To approve, or refuse to approve, a change of licensed operator, or to amend, or to refuse to amend, any casino agreement, under section 45 of this Act:
(i)
To grant, or refuse to grant, an application to vary any condition of a casino licence under section 46 of this Act:
(j)
To approve, or refuse to approve, any person under subsection (1) or subsection (2) of section 47 of this Act:
(k)
To grant, or refuse to grant, any approval under subsection (1) or subsection (2) of section 48 of this Act.
50 Licences not transferable
Except as provided in section 47 of this Act, no casino licence shall be transferable.
51 Surrender of licence
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.
Part III Approval of Casino Employees
52 Certain casino employees to be approved
(1)
No person may be employed in a casino in any capacity relating to—
(a)
The conduct of gaming; or
(b)
The movement of money or chips about the casino; or
(c)
The exchange of money or chips to customers in the casino; or
(d)
The counting of money or chips in the casino; or
(e)
The operation, maintenance, construction, or repair of gaming equipment; or
(f)
The supervision or management of any of the above activities,—
unless that person holds a certificate of approval issued in accordance with this Part of this Act.
(2)
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.
(3)
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.
58 Application for certificate of approval
Every application for a certificate of approval shall be made to the Secretary, and shall—
(a)
Be in the prescribed form and contain the prescribed particulars; and
(b)
Be accompanied by the prescribed fee.
54 Investigations and reports
(1)
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.
(2)
Without limiting the generality of subsection (1) of this section, the Secretary—
(a)
May require the applicant to consent to having his or her photograph and fingerprints taken; and
(b)
Shall refer a copy of the application, and of any such photograph or fingerprints, and of any supporting documentation to the Police.
(3)
The Police shall inquire into and report to the Secretary upon the application.
(4)
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.
(5)
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.
(6)
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.
55 Consideration of application
(1)
In considering an application for a certificate of approval, the Secretary shall have regard to—
(a)
The character and reputation of the applicant; and
(b)
Any relevant convictions recorded against the applicant; and
(c)
Any other relevant matters raised in the Police report submitted to the Authority under section 54 of this Act.
(2)
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.
56 Refusal of application
Where the Secretary proposes to refuse to grant an application for a certificate of approval, the following provisions shall apply:
(a)
The Secretary shall notify the applicant in writing of the proposed refusal, and of the Secretary’s reasons for it:
(b)
The Secretary shall, in that notice, invite the applicant to make submissions to the Secretary on the matter, either in person or in writing, within 20 working days after the date on which the notice is given to the applicant, or within such further period as the Secretary may allow:
(c)
If the applicant makes any submissions to the Secretary within the period so specified or allowed, the Secretary shall consider those submissions before finally determining whether or not to grant the application for the certificate of approval:
(d)
If the Secretary decides to refuse the application, the Secretary shall inform the applicant of that decision and the reasons for it, and of the applicant’s right to appeal against the decision under section 99 of this Act.
57 Issue of certificate of approval
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.
58 Duration of certificate of approval
A certificate of approval shall remain in force until—
(a)
The holder of the certificate surrenders it under section 59 of this Act; or
(b)
The certificate is cancelled by the Secretary under section 93 of this Act; or
(c)
The expiry of 12 months after the holder of the certificate ceases to be employed in a casino; or
(d)
The holder of the certificate dies.
59 Surrender of certificate of approval
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.
60 Commencement of duties before issue of certificate of approval
Notwithstanding anything in section 52 of this Act, where an application for a certificate of approval has been made and the Secretary considers that—
(a)
A decision in relation to the application may not be made for some time; and
(b)
The operation of the casino will be seriously prejudiced or disadvantaged by delay in the employment of the applicant; and
(c)
The commencement of the employment of the applicant will not prejudice the integrity of the operation of the casino,—
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.
Part IV Operation of Casinos
61 Hours of operation
(1)
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.
(2)
Notwithstanding subsection (1) of this section, no such regulations shall authorise a casino to be operated—
(a)
At any time on Christmas Day or Good Friday; or
(b)
At any time on Anzac Day between the hours of 3 o’clock in the morning and 1 o’clock in the afternoon.
62 Liquor licence
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.
63 Authorised games
(1)
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.
(2)
Rules made under this section—
(a)
Shall include—
(i)
An account of the rules of the games; and
(ii)
The specifications of any equipment to be used for the playing of the games; and
(b)
May include—
(i)
Provisions relating to maximum and minimum bets; and
(ii)
Provisions relating to the issue and use of chips for the purposes of the games; and
(iii)
Provisions relating to the manner in which the games shall be conducted.
64 Levies and charges not permitted
(1)
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.
(2)
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.
65 Casino employees not to wager or solicit tips
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,—
(a)
Wager at any game; or
(b)
Solicit or accept any tip, gratuity, consideration, or other benefit from any player or customer in that casino.
66 Casino operator shall not accept credit wagers
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,—
(a)
Accept a credit wager from any person; or
(b)
Make a loan to any person; or
(c)
Advance any thing of value to any person; or
(d)
Provide cash or chips to any person in consideration for a cheque or in respect of a credit card transaction; or
(e)
Extend credit in any form to any person; or
(f)
Release or discharge in whole or in part a debt owing by any person,—
other than in accordance with regulations made under this Act, or in the absence of any such regulations, with the approval of the Authority.
67 Entry to and exclusion of entry from casino
(1)
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.
(2)
The provisions of subsection (1) of this section are in addition to, and not in derogation from, the Trespass Act 1982.
68 Regulation of admission to casino
(1)
The Governor-General may from time to time, by Order in Council, make regulations controlling or prohibiting the admission of persons to licensed casinos.
(2)
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.
(3)
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.
69 Assistance to customers in relation to rules of games
The holder of a casino operator’s licence—
(a)
Shall, at the request of any customer, make available for examination a copy of the rules of gaming in respect of any particular game, as notified for the time being in the Gazette; and
(b)
Shall display prominently within the casino such advice or information concerning gaming rules, mode of payment of winning wagers, the odds of winning for each wager, and such other advice or information to the players, as may be directed by the Authority; and
(c)
Shall display 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 at the table or location.
70 Directions as to operation of casino
(1)
The Authority may, by notice in writing, give directions to the holder of a casino licence in the following circumstances:
(a)
Where no condition is in force in respect of any matter specified in the Second Schedule to this Act, it may give directions in respect of that matter:
(b)
In the event of any matter (being a matter specified in the Second Schedule to this Act) arising subsequent to the issue of the licence that is not dealt with in any existing condition, it may give directions in respect of that matter.
(2)
No such direction shall include any provision that is inconsistent with any provision of this Act or of any regulations made under this Act.
(3)
Every such direction given by the Authority shall, within 20 working days, be published in the Gazette.
71 Training courses for employees
(1)
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.
(2)
The content, format, and duration of such courses shall be from time to time approved by the Authority.
(3)
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.
(4)
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.
(5)
The Authority may from time to time exempt any employee or class of employees from the requirements of this section.
72 Books, etc., to be kept on premises
(1)
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.
(2)
The Authority may, on the application of the holder of a casino licence,—
(a)
Exempt the holder from compliance with subsection (1) of this section either in respect of all books, records, and documents, or some of them as specified by the holder for reasons considered by the Authority to be sufficient; or
(b)
Approve generally or in particular cases the temporary removal of books, records, and documents to another place or other places.
(3)
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.
(4)
The Authority may, on the application of the holder of the licence, approve—
(a)
The retention of books, records, or documents in an alternative form or manner; or
(b)
The destruction of any of the books, records, or documents not considered to be essential at any earlier time.
73 Restriction on certain agreements
(1)
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—
(a)
Any direct or indirect interest in, or percentage or share of, money gambled at the casino; or
(b)
Any direct or indirect interest in, or percentage or share of, the turnover, revenues, profits, benefits, or earnings from or of the casino.
(2)
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.
74 Review of agreements
(1)
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.
(2)
Without limiting the generality of subsection (1) of this section, matters concerning which the Authority may direct the furnishing to it of information include—
(a)
The names of persons entering into the agreement; and
(b)
The description of any property, goods, or other things or any services provided or to be provided; and
(c)
The value, type, or nature of any consideration; and
(d)
The operative period of the agreement.
(3)
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.
(4)
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.
(5)
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.
(6)
Where the Authority issues a notice, it shall issue a copy to the other party to the agreement.
(7)
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.
(8)
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.
(9)
The Authority shall consider any answers given in reply to the notice to show cause, and any submissions made by the other party, and,—
(a)
If, in its opinion, satisfactory answers are given or submissions made in reply to or in respect of the notice, the Authority shall take no further action in relation to the matter; or
(b)
If, in its opinion, answers given or submissions made in reply to or in respect of the notice are not satisfactory or if no answers are given and no submissions made, the Authority may direct the termination of the agreement.
(10)
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.
(11)
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.
(12)
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.
(13)
No liability for breach of the agreement attaches to any party by reason only of its termination by force of this Act.
75 Bank may be required to furnish particulars
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.
Part V Levies
76 Levies for administration purposes
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
When a casino licence is issued during a quarter, the first instalment of the levy payable under this section—
(a)
Shall be paid on or before the issue of the licence; and
(b)
Shall be reduced proportionately, according to the period of the quarter that has already elapsed.
(7)
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.
77 Recovery of levies
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.
78 Penalty for late payment
(1)
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.
(2)
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.
(3)
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.
79 Recovery of costs of administration and enforcement
(1)
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.
(2)
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.
Part VI Inspectors
80 Appointment of inspectors
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.
81 Powers of Police
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.
82 Authority to act as inspector
(1)
The Secretary shall issue a warrant of appointment to every person appointed as an inspector under this Act.
(2)
Every warrant of appointment shall—
(a)
Be in the prescribed form; and
(b)
Bear the photograph and signature of the holder; and
(c)
Contain such other particulars as may be prescribed.
(3)
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.
(4)
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.
88 Functions of inspectors
The functions of inspectors under this Act shall be as follows:
(a)
To supervise the conduct of gaming in, and the operation of, each casino, and to inspect the gaming equipment and chips used in each casino, for the purpose of ascertaining whether or not the holder of the casino licence is complying with the provisions of this Act, the conditions of the licence, and any directions issued by the Authority:
(b)
To supervise the casino counts in any casino:
(c)
To assist in any other manner, where necessary, in the detection of offences committed against this Act in any casino:
(d)
To receive and investigate complaints, in accordance with section 84 of this Act, from casino customers relating to the conduct of gaming in any casino:
(e)
To report to the Authority regarding the operation of any casino.
84 Investigation of complaints
(1)
Upon receiving a complaint from a customer relating to the conduct of gaming in any casino, an inspector shall forthwith investigate the complaint.
(2)
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.
(3)
If, as a result of the investigation, the inspector is satisfied that—
(a)
The conduct of any game in that casino has contravened—
(i)
Any condition of the casino operator’s licence imposed under section 38 of this Act; or
(ii)
Any rules of the game prescribed by the Authority under section 63 of this Act; or
(iii)
Any direction given by the Authority under section 70 of this Act; or
(b)
There has been any contravention of, or non-compliance with, any of the provisions of this Act or of any regulations made under this Act,—
the inspector shall report the matter to the Authority in writing.
(4)
The inspector shall give or send a copy of his or her report to the licensed casino operator.
(5)
Every complainant shall be informed of the results of the investigation of his or her complaint and as to any consequent action taken.
85 Power of inspector to enter and remain in casino
(1)
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.
(2)
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.
86 Powers of inspectors
(1)
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,—
(a)
Require the production of any licence, or any record or other document that is required by this Act to be kept, and examine and make copies of the licence, record, or other document; and
(b)
Require the holder of the licence, or any employee or agent of that licensee, to provide any information or assistance reasonably required by the inspector relating to the duties of the licensee or of the employee or agent; and
(c)
Require the holder of the licence, or any employee or agent of that licensee, to produce and make available for inspection any gaming equipment or chips.
(2)
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.
87 Power of seizure on licensed premises
(1)
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.
(2)
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.
88 Inspection of equipment and chips
(1)
Any inspector may inspect any gaming equipment or chips found on any casino premises to ensure compliance with the requirements of this Act.
(2)
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.
89 Inspector to give receipt for equipment taken into possession
(1)
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.
(2)
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.
Part VII Supervision and Disciplining
90 Grounds for cancellation or suspension of casino licences
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:
(a)
Where the holder of the licence is convicted of any offence against this Act:
(b)
Where the holder of the licence is convicted—
(i)
On indictment of any offence; or
(ii)
Of any other offence involving dishonesty:
(c)
Where the holder of the licence fails to comply with any term or condition of the licence:
(d)
Where the holder of the licence, or any associated person, is no longer a suitable person to hold the licence or to be an associated person having regard to the suitability requirements:
(e)
Where the holder of the licence—
(i)
Contravenes any of the provisions of sections 47, 64, and 73 of this Act; or
(ii)
Fails to comply with any of the provisions of sections 69, 71, and 72 of this Act; or
(iii)
Fails to comply with any direction given to the holder in writing by the Authority pursuant to section 70 of this Act:
(f)
Where the holder of the licence or any person referred to in paragraph (d) of this section, on being required under this Act to supply information to the Authority or to an inspector, refuses or fails to do so or supplies information that is, to his or her knowledge, false or erroneous in any material particular:
(g)
Where the holder of the licence fails to discharge its financial commitments, or compounds with its creditors, or is otherwise the subject of a winding up (either voluntarily or pursuant to a Court order), or to the appointment of a liquidator, or to the appointment of a receiver or receiver and manager, or is made subject to statutory management under and in accordance with Part III of the Corporations (Investigation and Management) Act 1989.
91 Cancellation, suspension, or variation of casino licence
(1)
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—
(a)
Varying or revoking any condition of the licence, or imposing any new condition; or
(b)
Suspending the licence; or
(c)
Cancelling the licence,—
on any ground specified in section 90 of this Act.
(2)
Every application for an order under this section shall—
(a)
Be made in the prescribed form and manner; and
(b)
Contain the prescribed particulars.
(3)
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—
(a)
Notify the holder of the licence, every associated person, and the associated licensee of each ground that appears to have arisen; and
(b)
Fix the earliest practicable date for a public hearing of the application; and
(c)
Give at least 20 working days’ notice of the date, time, and place of the hearing to the holder of the licence, and to each other person interested in the matter.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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,—
(a)
Vary or revoke any condition of the licence; or
(b)
Impose any new condition; or
(c)
Suspend the licence for such period, not exceeding 6 months, as the Authority thinks fit; or
(d)
Cancel the licence.
(9)
Where the Authority makes an order under this section, it shall specify in the order the date from which it is to have effect.
(10)
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.
(11)
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.
92 Temporary authority
(1)
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.
(2)
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.
(3)
On granting any application for an order under this section, the Authority may impose such reasonable conditions as it thinks fit.
(4)
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.
93 Suspension or cancellation of certificate of approval
(1)
Any member of the Police or any inspector may at any time apply to the Secretary in accordance with this section for an order—
(a)
Suspending a certificate of approval; or
(b)
Cancelling a certificate of approval.
(2)
Every application for an order under this section shall—
(a)
Be made in the prescribed form and manner; and
(b)
Contain the prescribed particulars.
(3)
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).
(4)
The grounds on which an application for an order under this section may be made are as follows:
(a)
That the certificate of approval was granted on the basis of information that was false or erroneous in any material particular:
(b)
That the holder has been convicted, since the issue of the certificate, of an offence against this Act:
(c)
That the holder has been convicted, since the issue of the certificate, of any other offence reflecting on his or her suitability to be employed in a casino:
(d)
That the holder has acted in contravention of section 65 of this Act:
(e)
That the conduct of the holder, since the issue of the certificate, has been such as to show that he or she is not suitable to be employed in a casino.
(5)
The Secretary shall—
(a)
Send a copy of the application to the holder of the certificate; and
(b)
Fix the earliest practicable date for a hearing of the application; and
(c)
Give at least 10 working days’ notice of the date, time, and place of the hearing to the applicant and to the holder of the certificate.
(6)
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.
(7)
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,—
(a)
Suspend the certificate of approval for such period, not exceeding 6 months, as the Secretary thinks fit; or
(b)
Cancel the certificate of approval.
(8)
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.
(9)
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.
(10)
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.
94 Cancelled or suspended licence or certificate of approval to be surrendered
(1)
Where the Authority cancels or suspends any casino licence, the holder shall surrender the licence to the Authority for cancellation or endorsement.
(2)
Where the Secretary cancels or suspends a certificate of approval, the holder shall surrender the certificate to the Secretary for cancellation or endorsement.
Part VIII Appeals
95 Appeals to High Court against decisions of Authority
(1)
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.
(2)
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.
(3)
Every notice of appeal under this section shall be in writing and shall be filed in the High Court.
(4)
It shall not be necessary to state in the notice of appeal the grounds of the appeal.
(5)
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.
(6)
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.
(7)
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—
(a)
Any documents filed with the Authority, and any written submissions, statements, reports, and other papers relating to the decision appealed against; and
(b)
Any copy of any notes made by the chairperson of the evidence given at the hearing; and
(c)
Any exhibits in the custody of the Authority; and
(d)
A copy of the decision appealed against.
(8)
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:
(a)
As to any evidence given orally, by the production of a copy of the chairperson’s note or of a written statement read by the witness while under oath, or of such other materials as the High Court may consider expedient:
(b)
As to any evidence taken by affidavit and as to any exhibits, by the production of the affidavits and such of the exhibits as may have been forwarded to the Court by the Authority, and by the production by the parties to the appeal of such exhibits as are in their custody.
(9)
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.
(10)
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.
(11)
If the appellant does not appear at the time appointed for hearing the appeal, the appeal shall be dismissed.
(12)
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.
(13)
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.
(14)
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.
(15)
The Registrar shall also return to the Authority any papers and exhibits forwarded by the Authority pursuant to subsection (7) of this section.
96 Appeals to High Court to be heard by Administrative Division
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.
97 Further appeal to Court of Appeal
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
The decision of the Court of Appeal on any application to that Court for leave to appeal shall be final.
98 No review until right of appeal exercised
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—
(a)
To make an application for review of that decision under Part I of the Judicature Amendment Act 1972; or
(b)
To institute proceedings seeking any writ or order of, or in the nature of, mandamus, prohibition, or certiorari, or a declaration or injunction, in respect of that order,—
unless and until that party exercises that right of appeal and the appeal is finally determined.
99 Appeals to Authority
(1)
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.
(2)
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.
(3)
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.
(4)
On hearing the appeal, the Authority may—
(a)
Confirm, vary, or reverse the decision appealed against; or
(b)
In the case of an order suspending a certificate of approval, vary the period of the suspension; or
(c)
Refer the matter back to the Secretary with directions to reconsider the whole or any specified part of the matter.
(5)
The certificate of approval shall remain in force until the final determination of the appeal.
Part IX Offences and Enforcement
100 Conducting unauthorised games
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.
101 Unlawfully conducting authorised games
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.
102 Cheating
(1)
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.
(2)
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.
103 Being in possession of equipment, etc., for cheating
(1)
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.
(2)
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.
104 Offences involving counterfeit chips
(1)
Every person commits an offence and is liable on conviction upon indictment to imprisonment for a term not exceeding 3 years who—
(a)
Makes or counterfeits any chip resembling any authorised chip with the intention that it be acted upon as genuine; or
(b)
Has in his or her possession or under his or her control anything intended to be used to make or counterfeit any chip resembling any authorised chip in circumstances that show prima facie an intention to use it for such a purpose.
(2)
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.
(3)
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.
(4)
For the purposes of this section,—
“Authorised chip” means any chip authorised by the Authority for use in gaming in any casino:
“Counterfeit chip” includes any authorised chip that has been altered in any manner so as to resemble any other authorised chip.
105 Provisions relating to minors in casinos
(1)
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.
(2)
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.
(3)
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.
(4)
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.
106 Making false representation to licensees
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.
107 Failure to surrender licence or certificate of approval
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.
108 Gambling by inspectors and authorised officers
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.
109 Obstructing inspector
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.
Arrest
110 Arrest without warrant for certain offences
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.
111 Power to demand information
(1)
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—
(a)
The name and address of that person; and
(b)
The date of birth of that person, where that person’s age is or may be material to the suspected offence.
(2)
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.
(3)
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.
(4)
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,—
(a)
Refuses or fails to supply the particulars or evidence; or
(b)
Supplies any particulars or evidence knowing that the particulars or evidence are false in a material respect.
112 General penalty
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.
113 Offences punishable on summary conviction
(1)
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.
(2)
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.
114 Forfeiture
(1)
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.
(2)
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.
(3)
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.
Part X Miscellaneous Provisions
115 Certified extracts to be evidence
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.
116 Regulations
The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following matters:
(a)
Prescribing the procedure to be followed in respect of applications to the Authority:
(b)
Prescribing the fees payable in respect of applications for, and the issue, variation, or renewal of, casino licences and certificates of approval:
(c)
Prescribing the fees payable in respect of appeals to the Authority:
(d)
Prescribing forms required for the purposes of this Act; and prescribing the particulars to be supplied by applicants:
(e)
Providing for the keeping of registers and records for the purposes of this Act:
(f)
Providing for records to be kept and returns to be made to any Department, and providing for the proper protection of any confidential information supplied for the purposes of any such record or return:
(g)
Prescribing the procedure for the taking of fingerprints in respect of applications for licences and certificates of approval:
(h)
Prescribing the terms and conditions under which the holder of the licence may enter into arrangements with junket organisers regarding junkets:
(i)
Prescribing the procedure for the service of notices and other documents:
(j)
Prescribing offences in respect of the contravention of or non-compliance with any regulations made under this Act; and prescribing the amount of any fine that may be imposed in respect of any such offence, being an amount not exceeding $2,000:
(k)
Providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
117 Ombudsmen Act 1975 amended
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:
“The Casino Control Authority.”
118 Goods and Services Tax Act 1985 amended
(1)
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:
“(11b)
Notwithstanding anything in this Act, for the purposes of this Act where any person pays an amount in money to purchase a chip or otherwise to participate in any game played or conducted in casino premises, the money so paid shall be deemed to be for the supply of services by the holder of the casino operator’s licence.
“(11c)
For the purposes of subsection (11b) of this section the terms ‘casino premises’, ‘chip’, and ‘game’ have the same meanings as defined in section 2 of the Casino Control Act 1990; and ‘casino operator’s licence’ means a casino operator’s licence issued under section 37 of that Act.”
(2)
Section 9(2) of the Goods and Services Tax Act 1985 is hereby amended by adding the following paragraph:
“(g)
Where that supply is deemed to be made pursuant to section 5(11b) of this Act, at the time a casino count (as defined in section 2 of the Casino Control Act 1990) takes place.”
(3)
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:
“(15a)
Notwithstanding anything in subsection (16) or subsection (17) of this section, where a supply is deemed to be made under section 5(11b) of this Act, the consideration in money for the supply shall be deemed to be the amount of money (including cheques not collected) a person pays to purchase a chip or otherwise to participate in any game played or conducted on casino premises, less any amount paid out in money as winnings in respect of gaming.
“(15b)
For the purposes of subsection (15a) of this section, the terms ‘casino premises’, ‘chip’, ‘game’, and ‘gaming’ have the same meanings as defined in section 2 of the Casino Control Act 1990.”
(4)
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,”
.
(5)
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,”
.
119 Summary Proceedings Act 1957 amended
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:
| “The Casino Control Act 1990 | 102 | Cheating |
| 104(1) | Offences involving counterfeit chips.” | |
| 104(2) | ||
| 104(3) |
SCHEDULES
FIRST SCHEDULE Provisions Relating to Casino Control Authority
Sections 15
1 Term of office of members
(1)
Every member of the Authority shall be appointed for such term not exceeding 3 years as may be specified in that member’s instrument of appointment, and may from time to time be reappointed.
(2)
Unless any member sooner vacates office, he or she shall continue in office until that member’s successor is appointed, notwithstanding that the term for which the member was appointed may have expired.
(3)
Any member of the Authority may resign at any time by notice in writing addressed to the Minister.
(4)
Any member of the Authority may be removed from office at any time by the Minister for disability, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Minister.
(5)
Every person appointed to fill an extraordinary vacancy shall hold office for the remainder of the term for which that member’s predecessor was appointed.
2 Meetings of Authority
(1)
Meetings of the Authority shall be held at such times and places as the chairperson from time to time appoints.
(2)
The chairperson of the Authority, or any 3 members of it, may at any time call a special meeting of the Authority.
(3)
The Authority may meet in private or in public, as the Authority from time to time decides.
(4)
The Authority shall cause such notice as it thinks fit to be given of any public meeting of the Authority to persons likely to be interested in the subject matter of the meeting.
(5)
At all meetings of the Authority, the quorum necessary for the transaction of business shall be 4 members, which shall include the chairperson or the member acting for the chairperson.
(6)
The chairperson shall preside at all meetings of the Authority at which the chairperson is present.
(7)
In the absence of the chairperson from any meeting, the members present shall appoint 1 of their number to be the chairperson for the purposes of that meeting.
(8)
All questions arising at any meeting of the Authority shall be decided by a majority of votes of the members present and voting.
(9)
The chairperson shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote.
(10)
A resolution in writing signed, or assented to by letter or telegraphic message, by all members of the Authority shall be as valid and effectual as if it had been passed at a meeting of the Authority duly called and constituted.
(11)
Subject to the provisions of this Act and of any regulations in force under this Act, the Authority may regulate its procedure in such manner as it thinks fit.
3 Disclosure of interests of member
(1)
Any member of the Authority who, otherwise than as such a member, is directly or indirectly interested in the exercise or performance of any power or function by the Authority or is directly or indirectly interested in any arrangement, agreement, or contract made or entered into or proposed to be made or entered into by the Authority, as soon as possible after the relevant facts have come to the member’s knowledge, shall disclose the nature of the interest at a meeting of the Authority.
(2)
A disclosure under this clause shall be recorded in the minutes of the Authority and, except as otherwise provided by resolution of the Authority, the member—
(a)
Shall not take part, after the disclosure, in any deliberation or decision of the Authority relating to the exercise or performance of the power or function by the Authority or relating to the arrangement, agreement, or contract; and
(b)
Shall be disregarded for the purpose of forming a quorum of the Authority for any deliberation or decision.
4 Deputies of members
(1)
The Minister may from time to time appoint deputies to those members of the Authority who are appointed under section 8 of this Act.
(2)
Every such deputy to a member shall have relevant experience or qualifications of the same sort as the member for whom he or she will deputise, as specified in that provision.
5 Application of certain Acts to members of Authority
No person shall be deemed to be employed in terms of the State Sector Act 1988 or the Government Superannuation Fund Act 1956 by reason only of that person’s appointment as a member of the Authority.
6 Funds of Authority
The funds of the Authority shall consist of the following:
(a)
Any money appropriated by Parliament for the purposes of the Authority and paid to the Authority for the purposes of the Authority:
(b)
All fees and levies paid in accordance with this Act and all other money lawfully received by the Authority for the purposes of the Authority:
(c)
All accumulation of income derived from any such money.
7 Bank accounts
(1)
The Authority shall open at any bank or banks such accounts as are necessary for the exercise of its functions and powers.
(2)
All money received by the Authority, or by any employee of the Authority shall, as soon as practicable after it has been received, be paid into such bank accounts of the Authority as the Authority from time to time determines.
(3)
The withdrawal or payment of money from any such account shall be authorised by a prior resolution of the Authority, or shall be submitted to the Authority for confirmation at its first ordinary meeting after the date of payment.
(4)
The withdrawal or payment of money from any such accounts shall be by cheque signed by such person or persons as the Authority may from time to time authorise.
8 Remuneration, allowances, and expenses of members of Authority
(1)
There shall be paid to the members of the Authority such remuneration by way of fees, salary, wages, or allowances as may from time to time be determined, either generally or in respect of any particular member or members of the Authority by the Minister.
(2)
Any determination under subclause (1) of this clause 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.
(3)
The Authority is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.
(4)
There shall be paid to the members of the Authority travelling allowances and travelling expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.
9 Accounts and audit
(1)
The Authority shall keep full and correct accounts of all its financial transactions, assets, liabilities, and funds; and its accounts shall be audited by the Audit Office, which for that purpose shall have and may exercise all such powers as it has under the Public Finance Act 1977 in respect of public money and stores.
(2)
At the end of each financial year, the Authority shall prepare an income and expenditure account showing its financial transactions for that year, together with a balance sheet as at the last day of the financial year.
(3)
As soon as practicable after the end of its financial year, the Authority shall submit its income and expenditure account and balance sheet to the Audit Office for audit.
(4)
A copy of the audited accounts of the Authority together with the Audit Office report thereon shall be laid before House of Representatives no later than 6 months after the end of the financial year, and may be incorporated in the annual report of the Authority prepared under section 17 of this Act.
10 Investment of money
Any money that belongs to the Authority and that is not immediately required for expenditure by the Authority may be invested in the same manner in which money in a Crown Bank Account may be invested pursuant to section 23 of the Public Finance Act 1989.
11 Exemption from income tax
The income of the Authority shall be exempt from income tax.
12 Crown may provide services for Authority
The Crown, acting through any Department, may from time to time, at the request of the Authority, execute any work or enter into arrangements for the execution or provision by the Department for the Authority of any work or service, or for the supply to the Authority of any goods, stores, or equipment, on and subject to such terms and conditions as may be agreed.
SECOND SCHEDULE Matters that may be the Subject of Terms and Conditions Attaching to Casino Licence
Sections 32(b), 38, 70
1.
Internal controls, and administrative and accounting procedures, including the following:
(a)
Accounting procedures, including the standardisation of forms and definition of terms, not inconsistent with this Act, to be utilised in the gaming operations:
(b)
Procedures, forms, and, where appropriate, formulae for or with respect to—
(i)
Hold percentages and calculations of hold percentages; and
(ii)
Revenue drop; and
(iii)
Expense and overhead schedules; and
(iv)
Complementary services; and
(v)
Salary arrangements; and
(vi)
Personnel practices:
(c)
Job descriptions, the system of organising personnel, and the chain of command authority, such as to establish diversity of responsibility among employees engaged in casino operations and identification of primary and secondary supervisory positions for areas of responsibility, which areas shall not be so extensive as to be impractical for an individual to supervise effectively:
(d)
Procedures for the conduct and playing of games:
(e)
Procedures within a cashier’s cage for the receipt, storage, and disbursement of chips and cash, the redemption of chips and the recording of all transactions pertaining to gaming operations:
(f)
Procedures for the collection and security of money at the gaming tables and other places in the casino where games are conducted:
(g)
Procedures and forms for the transfer of chips to and from the gaming tables and other places in the casino where games are conducted from and to a cashier’s cage:
(h)
Procedures for the transfer of money from the gaming tables and other places in the casino where games are conducted to other areas of the casino for counting:
(i)
Procedures and forms for the transfer of money or chips from and to any gaming area:
(j)
Procedures and security for the counting and recording of revenue:
(k)
Procedures and security for the transfer of money to and from a bank from and to the casino:
(l)
Procedures for the security, storage, and recording of chips utilised in the gaming operations:
(m)
Procedures and standards for the maintenance, security, and storage of any gaming equipment:
(n)
Procedures for the payment and recording of winnings associated with any games where such winnings are paid by cash or cheque:
(o)
Procedures for the issue of chip purchase vouchers and the recording of transactions in connection therewith:
(p)
Procedures for the establishment and use of deposit advance accounts:
(q)
Procedures for the use and maintenance of security and surveillance facilities, including closed circuit television systems:
(r)
Procedures governing the utilisation of security personnel within the casino:
(s)
Procedures for the control of keys used or for use in casino operations.
2.
The approval of the design and manufacture of chips.
3.
The minimum and maximum bets permitted in respect of any game.
4.
The approval of the design and manufacture of gaming equipment.
5.
The standard, type, and installation, and the operation of surveillance equipment, including closed circuit television systems.
6.
The approval of, and procedures for the approval of alterations in, floor plans and the placement of gaming tables and gaming equipment.
7.
The facilities to be provided for the use of inspectors and the Police.
This Act is administered in the Department of Internal Affairs.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Casino Control Act 1990
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