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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Casino Control Amendment Bill 2001
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Casino Control Act 1992 No 15 2
4 Amendment of other Act and instruments 2
Schedules
1 Amendment of Casino Control Act 1992 in relation to
merger of supervisory functions 3
2 Amendment of Casino Control Act 1992 in relation to
other matters 8
3 Amendment of other Act and instruments 19
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2001
New South Wales
Casino Control Amendment Bill 2001
Act No , 2001
An Act to amend the Casino Control Act 1992 so as to merge the supervisory
functions of the Casino Control Authority and the Director of Casino Surveillance;
to extend the powers of the Authority in relation to the conduct of inquiries under
that Act; to amend other Acts and instruments; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Casino Control Amendment Bill 2001
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Casino Control Amendment Act 2001.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Casino Control Act 1992 No 15
The Casino Control Act 1992 is amended as set out in Schedules 1
and 2.
4 Amendment of other Act and instruments
Each Act and instrument referred to in Schedule 3 is amended as set
out in that Schedule.
Page 2
Casino Control Amendment Bill 2001
Amendment of Casino Control Act 1992 in relation to merger of Schedule 1
supervisory functions
Schedule 1 Amendment of Casino Control Act 1992 in
relation to merger of supervisory functions
(Section 3)
[1] Section 3 Definitions
Omit the definition of Director from section 3 (1).
[2] Section 3 (1), definition of "inspector"
Omit "Director". Insert instead "Authority".
[3] Section 3 (1), definition of "key official"
Omit paragraph (b).
[4] Section 14 Investigation of application
Omit "and the Director are" from section 14 (3). Insert instead "is".
[5] Section 16 Cost of investigations to be paid by applicant
Omit "and the Director" from section 16 (1).
[6] Section 35A Cost of investigations into certain major changes
Omit "and the Director" from section 35A (2).
[7] Section 50
Omit the section. Insert instead:
50 Authority to investigate applications
(1) The Authority is to investigate and inquire into each
application for a licence.
(2) If the Authority proposes to refuse an application, it must notify
the applicant in writing of that fact and allow the applicant at
least 14 days to make submissions to the Authority as to why
the application should not be refused.
Page 3
Casino Control Amendment Bill 2001
Schedule 1 Amendment of Casino Control Act 1992 in relation to merger of
supervisory functions
[8] Section 51 Cost of investigations to be paid by applicant
Omit "Director" wherever occurring. Insert instead "Authority".
[9] Section 52 Determination of applications
Omit "the report and recommendation of the Director" from section 52 (1).
Insert instead "the results of its investigations and inquiry".
[10] Section 59 Disciplinary action against licensee
Omit section 59 (2). Insert instead:
(2) The Authority may make such inquiries as it thinks fit into the
question of whether there are grounds for disciplinary action
against a licensee.
[11] Section 59 (3)
Omit "If the Director recommends that disciplinary action be taken".
Insert instead "If as a consequence of such an inquiry the Authority
proposes to take disciplinary action".
[12] Section 59 (3) (a)
Omit "recommendation". Insert instead "proposal".
[13] Section 59 (4)
Omit "the Director's recommendation".
Insert instead "the results of its inquiries".
[14] Section 69 Unsatisfactory gaming equipment
Omit section 69 (1). Insert instead:
(1) The Authority may direct a casino operator to rectify to its
satisfaction, or to destroy, gaming equipment that it has directed
the operator to cease to have available for use on the ground
that it is unsatisfactory.
Page 4
Casino Control Amendment Bill 2001
Amendment of Casino Control Act 1992 in relation to merger of Schedule 1
supervisory functions
[15] Section 78 Police powers of entry to casino
Omit ", the Director" wherever occurring.
[16] Section 79 Exclusion of persons from casino
Omit "Director" wherever occurring in section 79 (1) and (3).
Insert instead "Authority".
[17] Section 79 (4)
Omit "and to the Director".
[18] Section 80 Review of exclusion order
Omit section 80 (3). Insert instead:
(3) The Authority may make such inquiries as it thinks fit into the
question of whether or not the exclusion order should be
overruled.
[19] Section 80 (4)
Omit "Director". Insert instead "Authority".
[20] Section 80 (5)
Omit "the report of the Director". Insert instead "the results of its inquiries".
[21] Section 83 List of excluded persons
Omit "Director" wherever occurring in section 83 (1) and (2).
Insert instead "Authority".
[22] Section 83 (3) (d)
Omit the paragraph.
[23] Part 7, Division 1 The Director of Casino Surveillance
Omit the Division.
Page 5
Casino Control Amendment Bill 2001
Schedule 1 Amendment of Casino Control Act 1992 in relation to merger of
supervisory functions
[24] Section 106 Appointment and control etc of inspectors
Omit "Director" wherever occurring. Insert instead "Authority".
[25] Section 109 Functions of inspectors
Omit "Director" from section 109 (e). Insert instead "Authority".
[26] Section 110 Inspectors to investigate complaints
Omit "Director" from section 110 (3). Insert instead "Authority".
[27] Section 111 Powers of inspectors
Omit "Director" from section 111 (1) (d). Insert instead "Authority".
[28] Section 126 Banking
Omit "the Director" from section 126 (3). Insert instead "the Authority".
[29] Section 136 Persons engaged in administration of Act to be of highest
integrity
Omit section 136 (1) (b).
[30] Section 136 (3) (a)
Omit "or consultant to the Authority".
Insert instead ", consultant to the Authority or inspector".
[31] Section 136 (3) (b)
Omit the paragraph.
[32] Section 141 Functions of the Authority
Omit section 141 (2) (d).
[33] Section 141 (2) (i), (j) and (k)
Omit section 141 (2) (i). Insert instead:
(i) to appoint, supervise, direct and control inspectors under
this Act,
Page 6
Casino Control Amendment Bill 2001
Amendment of Casino Control Act 1992 in relation to merger of Schedule 1
supervisory functions
(j) to directly supervise and inspect the operations of a
casino and the conduct of gaming in a casino,
(k) to detect offences committed in or in relation to a casino
and to prosecute offences under this Act.
[34] Section 145 Staff etc
Omit "and the Director to exercise his or her functions" from section
145 (1) (a).
[35] Section 146 Key officials--restrictions on employment etc with casino
operator etc
Omit "or the Director" wherever occurring.
[36] Section 146 (3) (a) and (b)
Omit "Director" wherever occurring. Insert instead "Authority".
[37] Section 147 Restrictions on employment etc of former key officials
Omit "or former Director" from section 147 (3).
[38] Section 157 Arrangements for supply of Police records
Omit "and the Director" from section 157 (1).
[39] Section 166 Evidence
Omit "or the Director" from section 166 (d).
[40] Section 168 Prosecution for offences
Omit section 168 (4) (a).
[41] Section 168A Penalty notices
Omit ", the Director" from the definition of authorised officer in section
168A (10).
Page 7
Casino Control Amendment Bill 2001
Schedule 2 Amendment of Casino Control Act 1992 in relation to other matters
Schedule 2 Amendment of Casino Control Act 1992 in
relation to other matters
(Section 3)
[1] Section 4A
Insert after section 4:
4A Primary objects of Act
(1) Among the primary objects of this Act are:
(a) ensuring that the management and operation of a casino
remain free from criminal influence or exploitation, and
(b) ensuring that gaming in a casino is conducted honestly,
and
(c) containing and controlling the potential of a casino to
cause harm to the public interest and to individuals and
families.
(2) All persons having functions under this Act are required to
have due regard to the objects referred to in subsection (1)
when exercising those functions.
[2] Section 19 Authority to define casino premises
Omit section 19 (4).
[3] Section 76 Junkets and inducements
Omit "individually" wherever occurring in section 76 (1).
[4] Section 80 Review of exclusion order
Insert "by the Authority or" after "was given" in section 80 (1).
Page 8
Casino Control Amendment Bill 2001
Amendment of Casino Control Act 1992 in relation to other matters Schedule 2
[5] Section 80 (1A)
Insert after section 80 (1):
(1A) An exclusion order given by the Authority, or at the direction
of the Commissioner of Police, may not be challenged,
reviewed, quashed or called into question on any grounds
whatsoever before any court or tribunal in any legal
proceedings, or restrained, removed or otherwise affected by
proceedings in the nature of prohibition or mandamus.
[6] Section 81 Commissioner of Police may direct that person be excluded
from casino and casino precinct
Insert after section 81 (7):
(7A) A direction given under this section may not be challenged,
reviewed, quashed or called into question on any grounds
whatsoever before any court or tribunal in any legal
proceedings, or restrained, removed or otherwise affected by
proceedings in the nature of prohibition or mandamus.
[7] Section 84 Excluded person not to enter casino
Omit "20 penalty units" from section 84 (1).
Insert instead "50 penalty units or imprisonment for 12 months, or both".
[8] Section 110 Inspectors to investigate complaints
Insert "with due diligence" after "the complaint" in section 110 (1).
[9] Section 124 Approved system of controls and procedures to be
implemented
Insert after section 124 (4):
(5) A system approved for a casino under this section may contain
different internal controls, or different administrative or
accounting procedures, for different parts of the casino.
[10] Section 136 Persons engaged in administration of Act to be of highest
integrity
Insert ", or to hold," after "to be appointed to" wherever occurring in section
136 (2) and (7).
Page 9
Casino Control Amendment Bill 2001
Schedule 2 Amendment of Casino Control Act 1992 in relation to other matters
[11] Section 136 (4)
Insert "(in the case of proposed appointments) and may (in all other cases)"
after "must" wherever occurring.
[12] Section 136 (4)
Insert "for appointment to the position, or the holder of the position, as the
case requires" after "any person being considered".
[13] Section 136 (4A)
Insert after section 136 (4):
(4A) In carrying out any investigation or inquiry for the purposes of
this section, the Authority must comply with such guidelines as
the Authority may from time to time establish in connection
with the conduct of such an investigation or inquiry.
[14] Section 136 (6), (6A) and (6B)
Omit section 136 (6). Insert instead:
(6) If a person fails to co-operate with an investigation or inquiry
under subsection (4) in relation to a position to which this
section applies:
(a) in the case of a candidate for appointment to such a
position, the person is not eligible to be appointed to the
position, and
(b) in the case of the holder of such a position, that person
is liable to be removed from the position.
(6A) For the purposes of subsection (6), a person fails to co-operate
with an investigation or inquiry under subsection (4) if:
(a) the person refuses or fails to comply with a request for
information from the person conducting the
investigation or inquiry, or
(b) the person refuses or fails to comply with a request for
information from the Commissioner of Police in relation
to the preparation of a report under subsection (5), or
(c) the person refuses or fails to comply with a request for
consent under subsection (5).
Page 10
Casino Control Amendment Bill 2001
Amendment of Casino Control Act 1992 in relation to other matters Schedule 2
(6B) No compensation is payable to any person as a consequence of
the holder of a position to which this section applies being
removed from the position under subsection (6).
[15] Sections 143A, 143B and 143C
Insert after section 143:
143A Attendance of witnesses
(1) The person presiding at an inquiry being conducted by or on
behalf of the Authority under section 143:
(a) has the powers, authorities, protections and immunities
conferred on a commissioner by Division 1 of Part 2 of
the Royal Commissions Act 1923, and
(b) if the person is a Judge of the Supreme Court, or is a
legal practitioner of at least 7 years' standing whose
instrument of appointment to preside at the inquiry
expressly so provides, has the powers and authorities
conferred on a commissioner by Division 2 of Part 2 of
the Royal Commissions Act 1923 (except for section 17
(4) and (5)).
(2) The Royal Commissions Act 1923 applies to any witness
summoned by or before the person presiding at the inquiry
(except for section 13 and, subject to subsection (1) (b),
Division 2 of Part 2).
143B Restriction on publication of information
(1) The person presiding at an inquiry being conducted by or on
behalf of the Authority under section 143 may, by order in
writing, direct that:
(a) any evidence given at the inquiry, or
(b) the contents of any document, or a description of any
thing, produced at the inquiry, or
(c) any information that might enable a person who has
given or may be about to give evidence at the inquiry to
be identified or located, or
(d) the fact that any person has given or may be about to
give evidence at the inquiry,
Page 11
Casino Control Amendment Bill 2001
Schedule 2 Amendment of Casino Control Act 1992 in relation to other matters
is not to be published at all, or is not to be published except in
such manner, and to such persons, as the person presiding at
the inquiry may specify.
(2) Such a direction is not to be given unless the person presiding
at the inquiry is satisfied that the direction is necessary in the
public interest or that there are other exceptional circumstances
that require the direction to be given.
(3) A person must not make a publication in contravention of a
direction given under this section.
Maximum penalty (subsection (3)): 50 penalty units or
imprisonment for 12 months, or both.
143C Referral of information to Commissioner of Police
(1) This section applies to any information obtained by the
Authority as to the existence, or possible existence, of major or
systemic criminal activity in connection with a casino.
(2) After consulting with the Commissioner of Police, the
Authority may refer any such information to the Commissioner.
(3) The Commissioner of Police is to conduct such investigations
and inquiries into the matters to which the information relates
and cause a report containing the results of those investigations
and inquiries to be sent to the Authority.
(4) The Authority may take such action as it considers appropriate
in the light of the report, but in so doing must have regard to
any recommendations of the Commissioner of Police contained
in the report.
[16] Section 148 Secrecy
Insert after section 148 (2):
(2A) Information to which section 143C applies may not be divulged
under subsection (2) except with the consent of the
Commissioner of Police.
[17] Section 148 (6)
Renumber the bulleted items of section 148 (6) as paragraphs (a), (b), (c)
and (f).
Page 12
Casino Control Amendment Bill 2001
Amendment of Casino Control Act 1992 in relation to other matters Schedule 2
[18] Section 148 (6) (d) and (e)
Insert after section 148 (6) (c) (as renumbered by item [16]):
(d) the Police Service or the police force of another State or
a Territory,
(e) the Australian Federal Police,
[19] Section 148 (7) (a)
Renumber the bulleted items of section 148 (7) (a) as subparagraphs
(i)(iii).
[20] Section 148 (7) (b)
Renumber the bulleted items of section 148 (7) (b) as subparagraphs
(i)(iii).
[21] Schedule 3 Matters for regulations
Omit item 11. Insert instead:
11 Publication of information
(1) Requiring the publication of information, and the display of
notices, with respect to:
(a) the chances of winning or losing associated with the
conduct of the various games available in a casino, and
(b) the availability of counselling and other services to deal
with the social and other problems that can arise from
gambling.
(2) Prohibiting the disclosure of information identifying the
winners of prizes in games conducted in a casino.
[22] Schedule 3, item 14
Insert after item 13:
14 Witnesses' expenses
Providing for the payment of expenses to witnesses attending
inquiries conducted by or on behalf of the Authority.
Page 13
Casino Control Amendment Bill 2001
Schedule 2 Amendment of Casino Control Act 1992 in relation to other matters
[23] Schedule 4 Savings and transitional provisions
Insert at the end of clause 1 (1):
Casino Control Amendment Act 2001
[24] Schedule 4, Part 6
Insert after Part 5:
Part 6 Casino Control Amendment Act 2001
8 Definitions
In this Part:
appointed day means the day appointed under section 2 of the
2001 amending Act for the commencement of the provision in
which that expression occurs.
former DCS officer means a person who, immediately before
the appointed day, held a former DCS position, but does not
include a person who was then merely acting in that position.
former DCS position means a position within the Department
of Gaming and Racing that is taken to have been abolished as
referred to in clause 9 (1).
new CCA position means a position within the organisational
structure of the Authority that is taken to have been created as
referred to in clause 9 (1).
the 2001 amending Act means the Casino Control
Amendment Act 2001.
transferred officer means a former DCS officer who holds a
new CCA position.
9 Transfer of certain positions
(1) On the appointed day, the following positions within the
Department of Gaming and Racing are taken to have been
abolished and corresponding positions are taken to have been
created within the organisational structure of the Authority:
(a) Director of Casino Surveillance (1 position),
Page 14
Casino Control Amendment Bill 2001
Amendment of Casino Control Act 1992 in relation to other matters Schedule 2
(b) Secretary to the Director of Casino Surveillance
(1 position),
(c) Executive Assistant to the Director of Casino
Surveillance (1 position),
(d) Legal Officer (1 position),
(e) Licensing Supervisor (1 position),
(f) Licensing Investigator (1 position),
(g) Manager Audit (1 position),
(h) Audit Supervisor (1 position),
(i) Manager Inspector (1 position),
(j) Supervising Inspector (5 positions),
(k) Inspector (15 positions).
(2) The grade and position description for each position so created
are to be the same as the grade and position description for the
corresponding position within the Department of Gaming and
Racing were immediately before the appointed day.
(3) Until varied according to law, the conditions of employment
(including conditions as to remuneration) applicable to a new
CCA position held by a transferred officer are to be the same
as the conditions of employment that, immediately before the
appointed day, were applicable to the corresponding former
DCS position.
(4) Despite subclause (3), the conditions of employment
applicable to a new CCA position held by a transferred officer
are subject to the same variations applying to Public Service
positions generally as would have applied to the position had
it remained a Public Service position.
10 Transfer and terms of employment of former DCS officers
(1) On the appointed day, each person who, immediately before
that day, held a former DCS position (otherwise than on an
acting basis) is taken to be the holder of the corresponding new
CCA position.
(2) Schedule 2, and any provision of the regulations of the kind
referred to in clause 8 of Schedule 2, do not apply to a
transferred officer while the holder of a new CCA position.
Page 15
Casino Control Amendment Bill 2001
Schedule 2 Amendment of Casino Control Act 1992 in relation to other matters
(3) In his or her capacity as a member of staff of the Authority, a
transferred officer is under the control and direction of the
Chief Executive of the Authority.
(4) An appeal by a transferred officer who is the holder of a new
CCA position does not lie to the Government and Related
Employees Appeals Tribunal concerning a promotional matter
unless it relates to an appointment to some other new CCA
position.
11 Right of return to Public Service
(1) A transferred officer who is the holder of a new CCA position
may, at any time after the appointed day, apply for a Public
Service position as if the officer were still a public servant.
(2) A transferred officer who is the holder of a new CCA position,
and who applies for a Public Service position or is appointed
to or employed in a Public Service position, is, for the purposes
of the Public Sector Management Act 1988, the Government
and Related Employees Appeal Tribunal Act 1980 and the
Industrial Relations Act 1996 taken to be a public servant in
relation to the application, appointment or employment.
12 Director of Casino Surveillance
(1) The office of Director of Casino Surveillance is abolished.
(2) Any act or omission of the Director of Casino Surveillance that
occurred before the appointed day is taken to be an act or
omission of the Authority.
13 Inspectors
Any person who, immediately before the appointed day, was an
inspector appointed under section 106 is taken to have been
appointed under that section by the Authority.
14 Costs of investigations
(1) Costs incurred by the Director, as referred to in sections 16,
35A and 51 as in force immediately before the appointed day,
remain payable to the Authority despite the amendments made
to those sections by the 2001 amending Act.
Page 16
Casino Control Amendment Bill 2001
Amendment of Casino Control Act 1992 in relation to other matters Schedule 2
(2) A certificate in respect of any such costs may be issued under
section 166 (d) on or after the appointed day, and any such
certificate issued before the appointed day continues to have
effect, despite the amendment of that paragraph by the 2001
amending Act.
15 Referred applications
Section 52, as amended by the 2001 amending Act, extends to
applications made before the appointed day, and applies to any
such application despite its having been referred to the Director
under section 50, as in force immediately before the appointed
day.
16 Exclusion orders
(1) Any exclusion order made by the Director under section 79
before the appointed day is taken to have been made by the
Authority.
(2) Sections 80 and 81, as amended by the 2001 amending Act,
extend to any exclusion order made before the appointed day.
17 Integrity testing
Section 136, as amended by the 2001 amending Act, extends
to any person who holds a position to which he or she was
appointed before the appointed day.
18 Conduct of inquiries
(1) Section 143A, as inserted by the 2001 amending Act, applies
only to inquiries commenced on or after the appointed day.
(2) Section 143B, as inserted by the 2001 amending Act, extends
to inquiries commenced before the appointed day.
(3) Section 143C, as inserted by the 2001 amending Act, extends
to information obtained by the Authority before the appointed
day.
19 Restrictions on employment etc of former key officials
Despite section 147 (3), as amended by the 2001 amending
Act, an exemption under that subsection may not be granted in
respect of a former Director of Casino Surveillance.
Page 17
Casino Control Amendment Bill 2001
Schedule 2 Amendment of Casino Control Act 1992 in relation to other matters
20 Secrecy
Section 148, as amended by the 2001 amending Act, extends
to any information acquired by a person before the appointed
day.
21 Prosecutions by Director
(1) Any proceedings instituted before the appointed day by the
Director, as referred to in section 168 (4) (a), are taken to have
been instituted by the Authority or (if the Authority so directs)
by such other person as may be specified in that direction.
(2) For the purposes of section 168 (4) (c), a person specified in
such a direction is taken to be acting with the written authority
of the Authority.
Page 18
Casino Control Amendment Bill 2001
Amendment of other Act and instruments Schedule 3
Schedule 3 Amendment of other Act and instruments
(Section 4)
3.1 Criminal Records Regulation 1999
Clause 9
Omit the clause. Insert instead:
9 Disclosure to Casino Control Authority or Director of Liquor and
Gaming
Section 13 of the Act does not apply to the disclosure of
information concerning a spent conviction by the officer in
charge of the Criminal Records Unit of the Police Service to
any of the following persons:
(a) the Casino Control Authority,
(b) the Director of Liquor and Gaming, or a person
authorised in writing by the Director.
3.2 Liquor Regulation 1996
Clause 90 Divulging of information
Omit clause 90 (b). Insert instead:
(b) the Casino Control Authority.
3.3 Public Sector Management Act 1988 No 33
Schedule 3B, Part 2
Omit the following position:
Director of Casino Surveillance
Page 19
Casino Control Amendment Bill 2001
Schedule 3 Amendment of other Act and instruments
3.4 Registered Clubs Regulation 1996
Clause 53 Divulging of information
Omit clause 53 (1) (b). Insert instead:
(b) the Casino Control Authority.
Page 20
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