New South Wales Consolidated Acts

CASINO CONTROL ACT 1992 - SECT 81

81 Commissioner of Police may direct that person be excluded from casino and casino precinct

(1) The Commissioner of Police may direct a casino operator in writing to exclude a person from a casino by giving the person or causing the person to be given an exclusion order, and it is a condition of the casino licence that the operator must comply with the direction.

(2) The Commissioner may give such a direction in anticipation of the person entering a casino.

(3) Where practicable, the Commissioner of Police is to make available to the casino operator a photograph of the person who is the subject of the direction and is to give the person notice of the direction.

(4) The regulations may declare that the whole or a specified part of specified premises is to be considered to form part of a casino for the purposes of this section and this section then has effect accordingly in respect of the premises. The premises are referred to in this section as the “casino precinct”.

(5) Such a declaration is to apply only to premises that both:

(a) form part of or are in the immediate vicinity of the building or complex of which the casino forms part, and

(b) are under the control or management of the casino operator.

(6) A direction may be given under this section in relation to all or any of the premises comprised in the casino.

(7) If a direction is given under this section in relation to the whole or any part of the casino precinct, a reference in sections 79, 82, 83, 84 and 85 (and in any ancillary provisions) to a casino includes a reference to so much of the casino precinct as is the subject of the direction, but only in connection with an exclusion order made or to be made in conformity with the direction.

(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.

(8) The Commissioner of Police is to:

(a) notify the appropriate authority in each State or Territory of the making of an exclusion order following a direction given under subsection (1) and the revocation of any such order, and

(b) provide the appropriate authorities with the name of the person subject to the exclusion order and, where practicable, a photograph of that person.

(9) In this section:
"appropriate authority" means:

(a) in relation to the Australian Capital Territory-the Commissioner of the Australian Federal Police, or

(b) in relation to a State or Territory (other than the Australian Capital Territory)-an authority exercising, in relation to the police force of that State or Territory, functions corresponding to those of the Commissioner of Police in relation to the NSW Police Force.