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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 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Casino Control Act 1992 No 15 3
Schedule 2 Amendment of Casino Control Regulation 2009 12
b2009-108-16.d20
New South Wales
Casino Control Amendment Bill 2010
No , 2010
A Bill for
An Act to amend the Casino Control Act 1992 to make further provision with respect
to contracts concerning a casino established under that Act, the training and licensing
of certain casino employees, the conduct of gaming within a casino and other
matters.
Clause 1 Casino Control Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Casino Control Amendment Act 2010. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Casino Control Amendment Bill 2010
Amendment of Casino Control Act 1992 No 15 Schedule 1
Schedule 1 Amendment of Casino Control Act 1992 1
No 15 2
[1] Section 36 Definitions 3
Omit the definitions of controlled contract and notifiable contract. 4
Insert in alphabetical order: 5
controlled contract means: 6
(a) a contract that relates to the supply or servicing of gaming 7
equipment that has been approved by the Authority under 8
section 68 (1), or 9
(b) a contract, or class of contracts, that, in the opinion of the 10
Authority, is materially significant to the integrity of the 11
operation of a casino and that the Authority declares, by 12
notice in writing to the casino operator, to be a controlled 13
contract. 14
[2] Section 37A Requirements for notifiable contracts 15
Omit the section. 16
[3] Section 42 Parties to contracts may be required to provide information 17
Omit "or notifiable contract". 18
[4] Section 43 Definitions 19
Insert in alphabetical order in section 43 (1): 20
certificate of competency means a certificate of competency 21
issued under section 64. 22
[5] Section 44 23
Omit the section. Insert instead: 24
44 Special employees to be licensed and hold certificate of 25
competency 26
(1) A special employee must hold both a licence and a certificate of 27
competency for the functions that the special employee exercises. 28
A licence authorises the holder of the licence to exercise in or in 29
relation to a casino the functions for which the licensee holds a 30
certificate of competency, subject to the functions being 31
exercised in accordance with the provisions of this Act and the 32
conditions of the licence. 33
Page 3
Casino Control Amendment Bill 2010
Schedule 1 Amendment of Casino Control Act 1992 No 15
(2) A person must not exercise in or in relation to a casino any of the 1
functions of a special employee except in accordance with the 2
authority conferred on the person by a licence. 3
Maximum penalty: 50 penalty units. 4
(3) A casino operator must not: 5
(a) employ or use the services of a person to exercise any 6
function of a special employee in or in relation to the 7
casino, or 8
(b) allocate or permit or suffer to be allocated to a person the 9
exercise of any function of a special employee in or in 10
relation to the casino, 11
unless the person is authorised by a licence to exercise the 12
function concerned. 13
Maximum penalty: 100 penalty units. 14
[6] Section 46 Application for licence 15
Omit "application, and" from section 46 (1) (b). Insert instead "application.". 16
[7] Section 46 (1) (c) 17
Omit the paragraph. 18
[8] Section 47 Direction to apply for licence--persons who have special 19
relationship with casino 20
Insert after section 47 (3): 21
(3A) A person who is regarded as exercising the functions of a special 22
employee under this section is not required to hold a certificate of 23
competency in relation to those functions. 24
[9] Section 47 (5) 25
Insert "and hold certificate of competency" after "licensed". 26
[10] Section 52 Determination of applications 27
Omit "exercise the functions that the proposed licence will authorise the 28
person to exercise" from section 52 (2). 29
Insert instead "hold a licence". 30
[11] Section 52 (3) (b) 31
Omit "integrity, and". Insert instead "integrity.". 32
Page 4
Casino Control Amendment Bill 2010
Amendment of Casino Control Act 1992 No 15 Schedule 1
[12] Section 52 (3) (c) 1
Omit the paragraph. 2
[13] Section 57 Variation of licence 3
Omit the section. 4
[14] Section 59 Disciplinary action against licensee 5
Omit paragraph (b) from the definition of disciplinary action in section 59 (1). 6
[15] Section 64 7
Omit the section. Insert instead: 8
64 Training courses and certificates of competency for employees 9
(1) Certificates of competency for the functions of special employees 10
are issued by a casino operator. 11
(2) A casino operator may issue a certificate of competency to a 12
person for any functions of a special employee only if satisfied 13
that: 14
(a) the person has completed training in those functions and in 15
responsible practices for the conduct of gaming, being 16
training provided by the casino operator, or 17
(b) the person has completed other training, or has 18
qualifications, that the casino operator considers 19
appropriate for the exercise of those functions and that 20
include training or qualifications in responsible practices 21
for the conduct of gaming. 22
(3) A casino operator must not issue a certificate of competency 23
unless the training or qualifications on the basis of which the 24
certificate is to be issued complies with any standards or other 25
requirements set by the Authority from time to time. 26
(4) A certificate of competency must specify the functions of a 27
special employee for which it is issued and the date of its issue. 28
(5) A casino operator must maintain records of all training provided 29
and certificates issued by the operator under this section and must 30
at the request of the Authority provide the Authority with access 31
to those records (including records maintained in an electronic 32
format). 33
(6) It is a condition of a casino licence that the casino operator must 34
comply with the requirements of this section. 35
Page 5
Casino Control Amendment Bill 2010
Schedule 1 Amendment of Casino Control Act 1992 No 15
[16] Section 70 Conduct of gaming 1
Insert "(except secondary gaming equipment)" after "gaming equipment" in 2
section 70 (1) (a). 3
[17] Section 70 (1) (b) 4
Omit "any other device approved by the Authority for the purpose". 5
Insert instead "by using any other device or method that may be required or 6
allowed under the rules of the relevant game (as approved under 7
section 66 (1))". 8
[18] Section 70 (1) (c) 9
Insert "unless the game rules require or provide for another method" after 10
"operator". 11
[19] Section 70 (1) (d) 12
Omit "in money". Insert instead "by any other means". 13
[20] Section 70 (1) (f) 14
Omit "or non-monetary prize". 15
Insert instead ", non-monetary prize or other means". 16
[21] Section 70 (1) (g) 17
Omit "patrons". Insert instead "persons outside the casino". 18
[22] Section 70 (2) 19
Insert at the end of the subsection: 20
Note. The requirements in subsection (2) are subject to the operation of 21
the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 22
of the Commonwealth. 23
[23] Section 70 (3) 24
Insert after section 70 (2): 25
(3) In this section, secondary gaming equipment means gaming 26
equipment that is not an intrinsic element of gaming and is of a 27
class that the Authority has identified as secondary gaming 28
equipment by notice in writing to the casino operator. 29
Page 6
Casino Control Amendment Bill 2010
Amendment of Casino Control Act 1992 No 15 Schedule 1
[24] Section 76 Junkets and inducements 1
Omit the definition of junket from section 76 (3). Insert instead: 2
junket means: 3
(a) an arrangement involving a person (or a group of people) 4
who is introduced to a casino operator by a promoter who 5
receives a commission based on the turnover of play in the 6
casino attributable to the person or persons introduced by 7
the promoter (or otherwise calculated by reference to such 8
play), or 9
(b) an arrangement for the promotion of gaming in a casino by 10
groups of people (usually involving arrangements for the 11
provision of transportation, accommodation, food, drink 12
and entertainment for participants in the arrangements, 13
some or all of which are paid for by the casino operator or 14
are otherwise provided on a complimentary basis). 15
[25] Section 79 Exclusion of persons from casino 16
Insert after section 79 (4): 17
(4A) It is a condition of a casino licence that the casino operator must, 18
as soon as practicable after a written order is given to a person 19
under this section by the operator following a direction given 20
under section 81, cause notice of the order to be given to the 21
Commissioner of Police. 22
[26] Section 81 Commissioner of Police may direct that person be excluded 23
from casino and casino precinct 24
Omit section 81 (8). Insert instead: 25
(8) The Commissioner of Police is to: 26
(a) notify the appropriate authority in each State or Territory 27
of the making of an exclusion order following a direction 28
given under subsection (1) and the revocation of any such 29
order, and 30
(b) provide the appropriate authorities with the name of the 31
person subject to the exclusion order and, where 32
practicable, a photograph of that person. 33
(9) In this section: 34
appropriate authority means: 35
(a) in relation to the Australian Capital Territory--the 36
Commissioner of the Australian Federal Police, or 37
Page 7
Casino Control Amendment Bill 2010
Schedule 1 Amendment of Casino Control Act 1992 No 15
(b) in relation to a State or Territory (other than the Australian 1
Capital Territory)--an authority exercising, in relation to 2
the police force of that State or Territory, functions 3
corresponding to those of the Commissioner of Police in 4
relation to the NSW Police Force. 5
[27] Section 81A 6
Insert after section 81: 7
81A Direction to be made in relation to exclusion orders in other States 8
and Territories 9
(1) The Commissioner of Police is to give a direction under 10
section 81 (1) in relation to a person if the Commissioner 11
becomes aware that the person is subject to exclusion from 12
another casino following the giving of a similar direction under a 13
corresponding law. 14
(2) The direction is to be made as soon as practicable after the 15
Commissioner becomes aware that the similar direction under a 16
corresponding law has been given. 17
(3) The Commissioner is to advise the Authority of any direction 18
given in accordance with this section as soon as practicable. 19
(4) A direction given in accordance with this section in relation to a 20
person cannot be revoked under section 82 while the person 21
remains subject to exclusion from another casino following the 22
giving of a similar direction under a corresponding law. 23
(5) In this section: 24
another casino means premises, or part of premises, defined as a 25
casino for the time being under an Act of another State, or a 26
Territory, corresponding to this Act. 27
corresponding law means a provision of an Act of another State, 28
or a Territory, corresponding to section 81. 29
[28] Section 85 Removal of excluded person from casino 30
Insert after section 85 (3): 31
(4) No civil or criminal liability is incurred by a person to whom this 32
section applies for any act done or omitted to be done in good 33
faith, and in accordance with this section, to or in respect of a 34
person. 35
(5) This section does not limit or otherwise affect the civil liability of 36
a person for negligence that causes personal injury to a person or 37
the death of a person. 38
Page 8
Casino Control Amendment Bill 2010
Amendment of Casino Control Act 1992 No 15 Schedule 1
[29] Section 85A 1
Insert after section 85: 2
85A Protection from liability--exclusion of persons from casino 3
(1) No civil liability is incurred by a protected person for any loss 4
arising from or in connection with gaming in a casino that an 5
excluded person suffers as a result of: 6
(a) an innocent failure to prevent the excluded person from 7
entering or remaining in a casino, or 8
(b) an innocent failure to remove the excluded person from the 9
casino. 10
(2) A failure is an innocent failure only if the person responsible for 11
the failure did not know and did not have reasonable cause to 12
suspect, at the time of the failure, that the person concerned was 13
an excluded person. 14
(3) In this section: 15
excluded person means a person who is the subject of an 16
exclusion order. 17
protected person means each of the following persons: 18
(a) the person for the time being in charge of a casino, 19
(b) a casino operator, 20
(c) an agent of a casino operator, 21
(d) a casino employee. 22
[30] Section 124 Approved system of controls and procedures to be 23
implemented 24
Insert ", on the Authority's own initiative or on the application of the casino 25
operator concerned" after "fit" in section 124 (2). 26
[31] Section 154 Matters to be included in Authority's annual report 27
Omit "review" from section 154 (g). Insert instead "inquiry". 28
Page 9
Casino Control Amendment Bill 2010
Schedule 1 Amendment of Casino Control Act 1992 No 15
[32] Section 164 1
Insert after section 163: 2
164 Simulated gaming allowed for certain purposes 3
(1) A casino operator may conduct gaming on a simulated basis for 4
the purpose of training employees, testing gaming equipment and 5
gaming procedures and demonstrating the conduct and playing of 6
games, but only if: 7
(a) the casino operator has given notice to the Authority of the 8
operator's intention to conduct gaming on a simulated 9
basis, and 10
(b) no money is used and no chips are used in place of money. 11
(2) Despite the provisions of any other law, the possession and use of 12
gaming equipment as authorised by subsection (1) is lawful. 13
[33] Section 168A Penalty notices 14
Omit section 168A (8). Insert instead: 15
(8) The amount of a penalty prescribed under this section for an 16
offence must not exceed the maximum amount of penalty that 17
could be imposed for the offence by a court. 18
[34] Schedule 4 Savings and transitional provisions 19
Insert at the end of clause 1 (1): 20
Casino Control Amendment Act 2010 21
[35] Schedule 4, Part 10 22
Insert after clause 32: 23
Part 10 Provisions consequent on enactment of 24
Casino Control Amendment Act 2010 25
33 Definition 26
In this Part: 27
amending Act means the Casino Control Amendment Act 2010. 28
34 Existing controlled contracts 29
The substitution of the definition of controlled contract by the 30
amending Act does not apply in respect of a contract entered into 31
before the substitution of that definition. 32
Page 10
Casino Control Amendment Bill 2010
Amendment of Casino Control Act 1992 No 15 Schedule 1
35 Existing special employees 1
A person who is the holder of a licence (an existing licence) 2
under Part 4 of this Act immediately before the commencement 3
of section 44 (as substituted by the amending Act) is deemed to 4
have been issued on that commencement with: 5
(a) a licence under that Part (as amended by the amending 6
Act), and 7
(b) a certificate of competency for the functions of a special 8
employee that the person was authorised to exercise under 9
the existing licence. 10
36 Protection from liability 11
(1) Section 85 (4) and (5) (as inserted by the amending Act) do not 12
apply to liability for loss that a person suffers as a result of a 13
failure that occurs before the commencement of those 14
subsections. 15
(2) Section 85A (as inserted by the amending Act) does not apply to 16
liability for loss that a person suffers as a result of a failure that 17
occurs before the commencement of that section. 18
Page 11
Casino Control Amendment Bill 2010
Schedule 2 Amendment of Casino Control Regulation 2009
Schedule 2 Amendment of Casino Control 1
Regulation 2009 2
[1] Clause 9 Certain contracts not controlled contracts 3
Omit the clause. 4
[2] Clause 13 Required details of notifiable contracts and variations of 5
notifiable contracts 6
Omit the clause. 7
[3] Schedule 7 Penalty notice offences 8
Omit "(Clause 53)". Insert instead "(Clause 54)". 9
[4] Schedule 7, Part 2, Column 1 10
Omit "Clause 35 (1)". Insert instead "Clause 36 (1)". 11
Page 12
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