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Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(a)
to increase the maximum term of a casino employee's licence to 3
years, and
(b)
to extend the principle of cost recovery in connection with certain
investigations under the Act, and
(c)
to extend the area in connection with which exclusion orders relating
to the casino can be made at the direction of the Commissioner of
Police, and
(d)
to make the following minor amendments:
*
to adjust the terminology used in a provision of the Act relating
to slot machines,
*
to specify the circumstances in which a deputy of an appointed
member of the Casino Control Authority ceases to hold office.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the
Casino Control Act 1992 set out in Schedule l.
Term of casino employees' licences
At present, a casino employee's licence remains in force for 12 months,
unless it is earlier canceIled or otherwise ceases to be in force. The Bill
amends section 55 of the Act to extend this period to 3 years (see Schedule 1
[4]). The Bill also makes it clear, as a transitional matter, that this extension
applies also to current licences (see Schedule 1 [8]).
Cost recovery of investigations and inquiries
At present, section 16 of the Act provides for the recovery of the reasonable
costs incurred by the Casino Control Authority and the Director of Casino
Surveillance in investigating and inquiring into an application for a casino
licence. However, this section does not apply to the costs incurred under
section 35 in investigating or inquiring into a major change that involves a
person becoming a close associate of a licensed casino operator. The Bill
inserts a new section 35A, which is largely modelled on section 16. The new
section requires payment of the reasonable costs of investigating an
application for the Authority's approval to the change (or of ,inquiring into
the change where approval is not required) (see Schedule 1 [3]).
Exclusion orders
At present, exclusion orders can be made in respect of a casino. However, a
"casino" is limited to the area defined under the provisions of the Act, and
does not apply to substantial areas within the casino complex. The Bill
amends section 81 of the Act to enable regulations to be made prescribing
additional areas as forming the casino precinct, and to empower the
Commissioner of Police to direct that an exclusion order be made applying to
the casino precinct (as well as to the casino itself) (see Schedule 1 [5]).
Explanatory note page 2
Slot machines
At present, section 8 of the Act refers to slot machines. The Bill amends
section 8 to replace this with the expression "gaming machine", defined
consistently with the definition of poker machine in the Registered Clubs Act
1976 (see Schedule 1 [1] and [2]).
Deputies of appointed members
At present, clause 6 of Schedule 1 to the Act empowers the Minister to
appoint and revoke the appointment of deputies for appointed members of the
Casino Control Authority. The Bill amends this clause to make it clear that an
appointment of a deputy can be for a specified term, and to set out the
circumstances in which the position of a deputy becomes vacant (see
Schedule 1 [6]). Those circumstances are similar to those in which the office
of an appointed member becomes vacant, as set out in clause 7 of that
Schedule.
Savings and transitional matters
In addition to the transitional matter mentioned above in connection with
casino employees' licences, the Bill amends clause 1 of Schedule 4 to the
Act, thus enabling the regulations to cover matters of a savings or transitional
nature consequent on the enactment of the proposed Act (see Schedule 1
[7]).
Explanatory note page 3