New South Wales Consolidated Acts

CASINO CONTROL ACT 1992 - SECT 28

28 Appointment of a manager if licence suspended, cancelled or surrendered

(1) If a casino licence is suspended, cancelled or surrendered, the Authority may, if it is satisfied that it is in the public interest to do so, by instrument in writing appoint a person to be the manager of the casino for the purposes of this section.

(2) In appointing a person to be the manager, the Authority must have regard to the suitability of the person.

(3) The manager is to be appointed on such terms and conditions as the Authority thinks fit.

(4) The appointment of the manager may be terminated at any time by the Authority and is in any case terminated 90 days after appointment unless in a particular case the appointment is extended by the regulations.

(5) The manager:

(a) is to be considered to be the holder of a casino licence (including for the purposes of section 6) granted on the same terms and subject to the same conditions as the suspended, cancelled or surrendered licence (as in force immediately before the suspension, cancellation or surrender) with such modifications as the Authority may direct, and

(b) is to assume full control of and responsibility for the business of the casino operator in respect of the casino, and

(c) is to conduct or cause to be conducted casino operations in accordance with this Act, and

(d) has, in connection with the conduct of those operations, all the functions of the operator.

(6) The regulations may make provision for or with respect to the functions of the manager of a casino appointed under this section.

(7) The following provisions have effect in respect of the net earnings of a casino while operations in the casino are being conducted by a manager under this section:

(a) no payment of net earnings is to be made to the holder of the suspended, cancelled or surrendered licence ( "the former operator") without the prior approval of the Authority,

(b) the former operator is entitled to a fair rate of return out of net earnings (if any) on any property of the former operator retained by the manager,

(c) the Authority may in its discretion direct that all or any part of net earnings (other than that to which the former operator is entitled under paragraph (b)) is to be paid into the Consolidated Fund, with any balance to be paid to the former operator.