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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
CASINO CONTROL
AMENDMENT BILL 1995
Queensland
CASINO CONTROL AMENDMENT BILL
1995
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Replacement of Pt 2 (Administration) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART 2--ADMINISTRATION
6 Appointment of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
7 Minister may approve program to audit suitability of inspectors . . . 6
8 Chief executive must consider suitability of proposed
inspectors and inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
9 Identity cards for inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . 8
11 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
13 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
14 Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
15 Power of delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
16 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Amendment of s 21 (Hotelcasino complex owner as licensee) . . . . . . . . . 10
6 Insertion of new s 43A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
43A Investigations about casino key employees or casino employees . . 11
43B Minister may approve audit program to investigate casino
key employees and casino employees . . . . . . . . . . . . . . . . . . . . . . . . 12
7 Amendment of s 60 (Variation of casino layout) . . . . . . . . . . . . . . . . . . . . . 12
8 Amendment of s 61 (Hours of operation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2
Casino Control Amendment Bill
9 Amendment of s 62 (Gaming equipment and chips) . . . . . . . . . . . . . . . . . . 13
10 Insertion of new s 62A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
62A Gaming equipment outside of casino . . . . . . . . . . . . . . . . . . . . . . . . . 14
11 Replacement of s 64 (Assistance to patrons in relation to rules of
games) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
64 Help for patrons about rules of games . . . . . . . . . . . . . . . . . . . . . . . . 15
64A Wagers other than permissible minimum and maximum wagers . . 15
12 Amendment of s 65 (Obligation of casino operator in relation to
conduct of games . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
13 Insertion of new ss 65A65C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
65A Chief executive may approve gaming documents . . . . . . . . . . . . . . 17
65B Repairers of gaming machines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
65C Liquor served at tables etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
14 Replacement of s 77 (Keeping of bank accounts) . . . . . . . . . . . . . . . . . . . . 18
77 Keeping of bank accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
15 Amendment of s 102 (Provisions relating to minors in respect of
casinos) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
16 Insertion of new ss 102A and 102B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
102A Minors employed by casino operator . . . . . . . . . . . . . . . . . . . . . . . . . 20
102B Minors on heritage tour of a hotel-casino complex . . . . . . . . . . . . . . 20
17 Amendment of s 103 (Cheating) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
18 Amendment of s 112 (Officers of the Division not to gamble etc.) . . . . . . . 21
19 Insertion of new ss 129134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
129 Existing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
130 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
131 Existing approvals etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
132 Prescribed forms to continue as approved forms . . . . . . . . . . . . . . . . 23
133 References in statutory instruments to Director . . . . . . . . . . . . . . . . 24
134 Certain officers taken to be directed officers . . . . . . . . . . . . . . . . . . 24
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 25
AMENDMENTS
1995
A BILL
FOR
An Act to amend the Casino Control Act 1982
s1 4 s3
Casino Control Amendment Bill
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Casino Control Amendment Act 1995. 3
amended 4
Act
Clause 2. This Act amends the Casino Control Act 1982. 5
of s 4 (Interpretation) 6
Amendment
Clause 3.(1) Section 4, definitions "casino", "Casino Control Division", 7
"Division", "the Deputy Director", "the Director", "game" and 8
"inspector"-- 9
omit. 10
(2) Section 4-- 11
insert-- 12
` "approved form" means a form approved by the chief executive. 13
"audit program" means-- 14
(a) for an inspector--a program approved under section 7(1);1 or 15
(b) for a casino key employee or casino employee--a program 16
approved under section 43B(1).2 17
"casino" means the areas of a hotel-casino complex identified in the casino 18
licence as the areas of the casino, and includes, for example, if 19
identified in the licence, not only the areas for the conduct and playing 20
of games but also areas for money counting, surveillance, accounting, 21
storage and other activities related to the operation and functioning of 22
the casino. 23
1 Section 7 (Minister may approve program to audit suitability of inspectors).
2 Section 43B (Minister may approve audit program to investigate casino key
employees and casino employees).
s4 5 s4
Casino Control Amendment Bill
"criminal history" of a person means the person's criminal history within 1
the meaning of the Criminal Law (Rehabilitation of Offenders) Act 2
1986, and-- 3
(a) despite section 6 of that Act, includes a conviction of the person 4
to which the section applies; and 5
(b) despite section 5 of that Act, includes a charge made against the 6
person for an offence. 7
"directed officer" see section 112.3 8
"game" means a game that may be conducted or played in a casino under a 9
casino licence or a machine game. 10
"inspector" means a person who is appointed as an inspector. 11
"officer" of the department includes an employee of the department. 12
"supervising inspector", for a casino, means the inspector nominated by 13
the chief executive as the supervising inspector for the casino.'. 14
of Pt 2 (Administration) 15
Replacement
Clause 4. Part 2-- 16
omit, insert-- 17
`Exercise of power on conditions 18
`5.(1) This section applies to the Minister, the chief executive or an 19
inspector (an "authorised person") when the authorised person has the 20
power to allow someone else to do something. 21
`(2) The authorised person may allow the other person to do the thing on 22
conditions the authorised person considers appropriate. 23
24
Example--
25
If a casino operator may sell liquor at a gaming table only if the chief executive
26
approves the sale, the chief executive may approve the sale of liquor during certain
27
hours and at certain gaming tables.
`(3) This section applies whether or not the section mentioning the 28
authorised person's power states the power may be exercised on conditions. 29
3 Section 112 (Certain officers of the department not to gamble etc.).
s4 6 s4
Casino Control Amendment Bill
ART 2--ADMINISTRATION 1
`P
of inspectors 2
`Appointment
`6.(1) The chief executive may appoint as inspectors-- 3
(a) officers and employees of the public service; and 4
(b) other persons prescribed under a regulation. 5
`(2) The chief executive may appoint a person as an inspector only if-- 6
(a) in the chief executive's opinion, the person has the necessary 7
expertise or experience to be an inspector; or 8
(b) the person has satisfactorily finished training approved by the 9
chief executive. 10
`(3) Also, the chief inspector may appoint a person as an inspector only 11
if the person is a suitable person to perform the duties of an inspector. 12
`(4) Subsections (2) and (3) do not limit the issues the chief executive 13
may consider when deciding whether to appoint a person as an inspector. 14
may approve program to audit suitability of inspectors 15
`Minister
`7.(1) The Minister may approve a program under which the chief 16
executive may reconsider the suitability of an inspector to perform the 17
duties of an inspector. 18
`(2) The suitability of an inspector to perform the duties of an inspector 19
may be reconsidered under the audit program only once every 4 years. 20
executive must consider suitability of proposed inspectors and 21
`Chief
inspectors 22
`8.(1) This section applies when the chief executive intends to appoint a 23
person as an inspector. 24
`(2) This section also applies when the chief executive decides, under the 25
audit program, to reconsider the suitability of an inspector to perform the 26
duties of an inspector. 27
`(3) In considering the suitability of the person to perform the duties of 28
s4 7 s4
Casino Control Amendment Bill
an inspector, the chief executive must have regard to, and may make 1
inquiries about, the person's character and standing, financial position and 2
business and training experience. 3
4
Example--
5
The chief executive's inquiries about an individual's character and standing may
6
include asking the Commissioner of the Police Service for a written report about the
7
person's criminal history.
`(4) If asked by the chief executive, the Commissioner of the Police 8
Service must give the chief executive a written report about the criminal 9
history of the person. 10
`(5) Subsection (4) applies to the criminal history in the Commissioner's 11
possession or to which the Commissioner has access. 12
`(6) Subsections (3) and (4) do not limit the issues to which the chief 13
executive may have regard in considering the suitability of a person to 14
perform the duties of an inspector. 15
cards for inspectors 16
`Identity
`9.(1) The chief executive must give each inspector an identity card. 17
`(2) The identity card must-- 18
(a) contain a recent photograph of the inspector; and 19
(b) be signed by the inspector; and 20
(c) identify the person as an inspector; and 21
(d) state an expiry date. 22
`(3) A person who ceases to be an inspector must return the identity card 23
to the chief executive as soon as practicable (but within 21 days) after the 24
person ceases to be an inspector, unless the person has a reasonable excuse. 25
Maximum penalty--40 penalty units. 26
`(4) This section does no prevent the giving of a single identity card to a 27
person for this Act and other Acts. 28
s4 8 s4
Casino Control Amendment Bill
or display of identity card 1
`Production
`10.(1) An inspector may exercise a power in relation to a person only if 2
the inspector-- 3
(a) first produces the inspector's identity card for the person's 4
inspection; or 5
(b) has the inspector's identity card displayed so it is clearly visible to 6
the person. 7
`(2) However, if for any reason it is not practicable to comply with 8
subsection (1) before exercising the power, the inspector must produce the 9
identity card as soon as it is practicable. 10
11
`Powers
`11.(1) An inspector-- 12
(a) has the powers given under this or another Act; and 13
(b) is subject to the directions of the chief executive in exercising the 14
powers. 15
`(2) An inspector's powers may be limited-- 16
(a) under a regulation; or 17
(b) under a condition of appointment; or 18
(c) by written notice given by the chief executive to the inspector. 19
conditions 20
`Appointment
`12.(1) An inspector holds office on the conditions stated in the 21
instrument of appointment. 22
`(2) An inspector-- 23
(a) if the appointment provides for a term of appointment--ceases 24
holding office at the end of the term; and 25
(b) if the conditions of appointment provide--ceases holding office 26
on ceasing to hold another office stated in the appointment 27
conditions; and 28
(c) may resign by signed notice given to the chief executive. 29
s4 9 s4
Casino Control Amendment Bill
from liability 1
`Protection
`13.(1) This section applies to-- 2
(a) an inspector; and 3
(b) a person acting under the direction of an inspector. 4
`(2) A person does not incur civil liability for an act done, or omission 5
made, honestly and without negligence under this Act. 6
`(3) If subsection (2) prevents a civil liability attaching to a person, the 7
liability attaches instead to the State. 8
9
`Secrecy
`14.(1) This section applies to a person who, at any time, is or was an 10
inspector or officer of the department. 11
`(2) A person-- 12
(a) must keep, and help in keeping, secrecy for all information that 13
comes to the person's knowledge in performing functions under 14
this Act; and 15
(b) must not disclose information mentioned in paragraph (a) 16
except-- 17
(i) in exercising powers or performing functions under this Act; 18
or 19
(ii) with a lawful excuse; or 20
(iii) if approved under this section. 21
Maximum penalty--200 penalty units or imprisonment for 1 year. 22
`(3) If the chief executive approves, a person may disclose information 23
mentioned in subsection (2) to an entity prescribed under a regulation, or to 24
an officer, employee or member of the entity. 25
`(4) An entity or person to whom information is disclosed under 26
subsection (3), and a person or employee under the control of the entity or 27
person, is, in relation to the information, subject to the same rights and 28
liabilities under this section as if the entity or person were a person to whom 29
this section applies. 30
s5 10 s5
Casino Control Amendment Bill
`(5) If the chief executive approves, a person may also disclose 1
information mentioned in subsection (2) to a specified department, entity or 2
person. 3
`(6) Before giving an approval under subsection (5), the chief executive 4
must-- 5
(a) advise any person who the chief executive considers is likely to 6
be adversely affected by a disclosure because of the proposed 7
approval; and 8
(b) give the person the opportunity of making a submission about the 9
proposed approval within the time stated in the notice (of not less 10
than 14 days). 11
of delegation 12
`Power
`15. The chief executive may delegate the chief executive's powers under 13
this Act to an inspector or officer of the department. 14
of forms 15
`Approval
`16. The chief executive may approve forms under this Act.'. 16
of s 21 (Hotelcasino complex owner as licensee) 17
Amendment
Clause 5.(1) Section 21, section heading-- 18
omit, insert-- 19
`Hotelcasino complex owner or State lessee as licensee'. 20
(2) Section 21(1)-- 21
omit, insert-- 22
`21.(1) A casino licence may be granted to a person only if the person is 23
the owner of the freehold, or the lessee from the State, of the land used for 24
the particular hotel-casino complex.'. 25
(3) Section 21(2), `as aforesaid'-- 26
omit, insert-- 27
`or lessee as mentioned in subsection (1)'. 28
s6 11 s6
Casino Control Amendment Bill
of new s 43A 1
Insertion
Clause 6. After section 43-- 2
insert-- 3
about casino key employees or casino employees 4
`Investigations
`43A.(1) This section applies to a casino key employee or casino 5
employee while the employee's licence remains in force. 6
`(2) The chief executive may investigate the employee, including by 7
assessing-- 8
(a) the employee's integrity, responsibility, personal background and 9
financial stability; and 10
(b) the general reputation of the employee having regard to character, 11
honesty and integrity; and 12
(c) the suitability of the employee to perform the duties of a casino 13
key employee or casino employee. 14
`(3) The chief executive may exercise the powers under subsection (2) 15
only if-- 16
(a) the chief executive believes the investigation is necessary because 17
of changed circumstances of the particular employee; or 18
(b) the investigation is made under an audit program for casino key 19
employees or casino employees. 20
`(4) The chief executive may, by written notice, ask a person to whom an 21
investigation relates to give information or material the chief executive 22
considers is necessary for the investigation. 23
`(5) The person must comply with the chief executive's notice unless the 24
person has a reasonable excuse. 25
Maximum penalty--200 penalty units or imprisonment for 1 year. 26
`(6) It is a reasonable excuse for the person not to comply with the notice 27
if complying with the request might tend to incriminate the person. 28
`(7) The person does not commit an offence against this section if the 29
information sought by the chief executive is not in fact relevant to the 30
investigation. 31
s7 12 s8
Casino Control Amendment Bill
may approve audit program to investigate casino key 1
`Minister
employees and casino employees 2
`43B.(1) The Minister may approve a program under which the chief 3
executive may investigate casino key employees or casino employees, 4
including assessing the issues mentioned in section 43A(2).4 5
`(2) A person may be investigated and assessed under the audit program 6
only once every 4 years.'. 7
of s 60 (Variation of casino layout) 8
Amendment
Clause 7.(1) Section 60(1), `Director for the Director's'-- 9
omit, insert-- 10
`chief executive for the chief executive's'. 11
(2) Section 60(2)-- 12
omit, insert-- 13
`(2) A casino operator must not vary a thing as mentioned in 14
subsection (1) unless the chief executive has approved the variation in 15
writing. 16
Maximum penalty--40 penalty units.'. 17
(3) Section 60-- 18
insert-- 19
`(3) However, the casino operator may vary the closed-circuit television 20
system on a temporary basis to evaluate new camera positions, if the 21
supervising inspector for the casino approves the variation in writing. 22
`(4) A variation under subsection (3) must not continue for more than 23
14 days.'. 24
of s 61 (Hours of operation) 25
Amendment
Clause 8. Section 61(8)-- 26
omit, insert-- 27
4 Section 43A (Investigations about casino key employees or casino employees).
s9 13 s9
Casino Control Amendment Bill
`(8) A casino operator must not allow gaming in the casino at the 1
following times-- 2
(a) on Christmas Day or Good Friday--between the hours of 3 a.m. 3
and midnight; 4
(b) on Anzac Day--between the hours of 3 a.m. and 1.30 p.m. 5
Maximum penalty--40 penalty units.'. 6
of s 62 (Gaming equipment and chips) 7
Amendment
Clause 9.(1) Section 62(3A)-- 8
omit, insert-- 9
`(3A) The chief executive's approval of a gaming machine under 10
subsection (3)(a) must include approval of-- 11
(a) the machine game to be played on the machine; and 12
(b) the artwork for the machine game to be displayed as part of the 13
machine. 14
`(3B) The chief executive may approve the artwork for a game only if the 15
chief executive is satisfied the artwork includes rules of the game.'. 16
(2) Section 62(4C), `officers of the Division'-- 17
omit, insert-- 18
`the inspectors at the particular casino'. 19
(3) Section 62(9) and (10)-- 20
omit, insert-- 21
`(9) A casino operator must not, without the chief executive's consent-- 22
(a) destroy gaming equipment or chips; or 23
(b) permanently part with the physical possession of gaming 24
equipment or chips. 25
Maximum penalty--200 penalty units. 26
`(10) A casino operator must not permit a person to repair or maintain 27
gaming equipment unless the chief executive has approved of the person for 28
s 10 14 s 11
Casino Control Amendment Bill
the purpose of repairing gaming equipment. 1
Maximum penalty--40 penalty units.'. 2
of new s 62A 3
Insertion
Clause 10. After section 62-- 4
insert-- 5
equipment outside of casino 6
`Gaming
`62A.(1) A casino operator may operate gaming equipment outside of a 7
casino despite section 62(2).5 8
`(2) However, the casino operator may operate the gaming equipment 9
outside of the casino only if-- 10
(a) for equipment operated in the hotel-casino complex--the 11
supervising inspector for the casino has given written approval 12
for the operation; or 13
(b) for all other places--the chief executive has given written 14
approval for the operation. 15
`(3) A supervising inspector or the chief executive may approve the 16
operation of gaming equipment only if he or she is satisfied the operation is 17
for 1 or more of the following purposes-- 18
(a) teaching adults the rules of a game; 19
(b) exhibiting gaming equipment; 20
(c) promoting a casino. 21
`(4) A casino operator must not use, or allow the use of, cash or chips in 22
the operation of gaming equipment under this section. 23
Maximum penalty--200 penalty units.'. 24
of s 64 (Assistance to patrons in relation to rules of 25
Replacement
games) 26
Clause 11. Section 64-- 27
5 Section 62 (Gaming equipment and chips).
s 11 15 s 11
Casino Control Amendment Bill
omit, insert-- 1
for patrons about rules of games 2
`Help
`64.(1) A casino operator must-- 3
(a) when asked by a casino patron for a copy of the rules for the 4
playing of a game--give the patron a copy of the rules for the 5
playing of the particular game to look at; and 6
(b) prominently display in the casino advice or information about 7
gaming rules, wagers, pay-out odds for a wager, and other advice 8
or information directed by the chief executive; and 9
(c) provide, for casino patrons, summaries of the rules in accordance 10
with texts approved by the chief executive; and 11
(d) display at each gaming table or location for the playing of a game 12
a sign showing the permissible minimum and maximum wagers 13
for the game played at the table or location. 14
15
Examples of ways in which summaries may be provided to a casino patron--
16
1. Brochures.
17
2. Videos.
18
3. Computer based learning programs.
`(2) A casino operator must ensure the permissible minimum wager 19
displayed for a game at a table or location where gaming is taking place is 20
not changed to a higher permissible minimum wager unless-- 21
(a) a sign showing the new minimum, and the proposed time of 22
change, is displayed at the table or location for at least 20 minutes 23
before the time of the proposed change; or 24
(b) all players at the table or location agree to the change. 25
other than permissible minimum and maximum wagers 26
`Wagers
`64A.(1) A casino patron may make arrangements with a casino operator 27
for the patron to make wagers that-- 28
(a) are less than the permissible minimum wager for a table or 29
location; or 30
(b) are more than the maximum wager for a table or location. 31
s 12 16 s 12
Casino Control Amendment Bill
`(2) If a casino operator makes an arrangement mentioned in 1
subsection (1), the operator must give to the patron a document (the 2
"patron's document") about the arrangement and tell the patron about 3
using the document. 4
`(3) The patron's document must be in the approved form. 5
`(4) When a patron makes a wager less than the permissible minimum 6
wager, or more than the permissible maximum wager, for a table or 7
location, the casino employee at the table or location-- 8
(a) must be satisfied that the wager is allowed by the arrangement; 9
and 10
(b) must ensure the patron's document is placed on the table, or at the 11
location in front of the patron, so it is clearly visible to the 12
employee.'. 13
of s 65 (Obligation of casino operator in relation to 14
Amendment
conduct of games 15
Clause 12.(1) Section 65(1)-- 16
omit, insert-- 17
`65.(1) In a game in which playing cards are used, a casino operator 18
must ensure the cards are at all times dealt from an item of gaming 19
equipment specifically designed for the purpose. 20
21
Example--
22
1. A card shoe.
23
2. An automatic card shuffling device.'.
(2) Section 65(6A), `Minister'-- 24
omit, insert-- 25
`chief executive'. 26
(3) Section 65(9) and (10)-- 27
omit, insert-- 28
`(9) A casino key employee, or casino employee, for a casino must 29
not-- 30
s 13 17 s 13
Casino Control Amendment Bill
(a) in the particular casino--gamble on a game or machine; or 1
(b) accept or solicit a tip, gratuity, consideration or other benefit from 2
a player or patron. 3
`(10) Subsection (9)(b) applies to an acceptance or solicitation involving 4
the licensee's role in the casino even though it takes place outside of the 5
casino.'. 6
of new ss 65A65C 7
Insertion
Clause 13. After section 65-- 8
insert-- 9
executive may approve gaming documents 10
`Chief
`65A.(1) The chief executive may approve a casino operator giving or 11
selling to a person a document (a "gaming document")-- 12
(a) for making wagers on a game; or 13
(b) for paying a winning wager; or 14
(c) for use in a machine, whether to make wagers, to pay winning 15
wagers or otherwise. 16
`(2) If the chief executive has approved a gaming document for a 17
purpose, the document may be used for the purpose despite section 65(3) 18
or (5).6 19
of gaming machines 20
`Repairers
`65B.(1) A person employed to repair gaming machines may play a 21
gaming machine while repairing it. 22
`(2) Subsection (1) applies despite section 65(9). 23
`(3) To remove any doubt, it is declared that if the person causes a 24
winning combination to appear on a gaming machine while repairing it, no 25
amount is payable to the person despite the winning combination. 26
`(4) In this section-- 27
6 Section 65 (Obligation of casino operator in relation to conduct of games).
s 14 18 s 15
Casino Control Amendment Bill
"repairing" a gaming machine includes adjusting, altering, carrying out 1
maintenance and testing the machine. 2
served at tables etc. 3
`Liquor
`65C. A casino operator may sell, give or distribute liquor to a person at 4
a gaming table, or at another playing area within a casino, only if the chief 5
executive has approved the sale, giving or distribution at the table or other 6
area.'. 7
of s 77 (Keeping of bank accounts) 8
Replacement
Clause 14. Section 77-- 9
omit, insert-- 10
of bank accounts 11
`Keeping
`77.(1) A casino operator must keep a bank account, or bank accounts, 12
approved by the chief executive for use for all banking transactions about 13
the operations of the hotel-casino complex or the casino. 14
Maximum penalty--40 penalty units. 15
`(2) The operator must not use an account approved under subsection (1) 16
for other purposes. 17
Maximum penalty--40 penalty units.'. 18
of s 102 (Provisions relating to minors in respect of 19
Amendment
casinos) 20
Clause 15.(1) Section 102(2), penalty-- 21
omit, insert-- 22
`Maximum penalty--10 penalty units.'. 23
(2) Section 102-- 24
insert-- 25
`(2A) To remove any doubt, it is declared that if a minor gambles in a 26
casino and-- 27
s 15 19 s 15
Casino Control Amendment Bill
(a) wins--no amount is payable to the minor or anyone else on the 1
minor's behalf; and 2
(b) loses--the wagers remain the property of the casino operator and 3
are not recoverable by the minor or anyone else on the minor's 4
behalf. 5
`(2B) If a minor has gambled on a gaming machine and wins a jackpot, 6
the casino operator must promptly notify an inspector about the gaming 7
and, with the inspector's approval, return the amount of the jackpot to the 8
jackpot pool for the machine as soon as is practicable.'. 9
(3) Section 102(3), penalty-- 10
omit, insert-- 11
`Maximum penalty--20 penalty units.'. 12
(4) Section 102(4A)-- 13
omit, insert-- 14
`(4A) A person is guilty of an offence if the person, on being asked to 15
give acceptable evidence of age-- 16
(a) does not give acceptable evidence and further attempts to enter the 17
casino; or 18
(b) does not give acceptable evidence and does not immediately leave 19
the casino voluntarily; or 20
(c) gives acceptable evidence of age that is false or misleading in a 21
material particular. 22
Maximum penalty--20 penalty units.'. 23
(5) Section 102-- 24
insert-- 25
`(6) In this section-- 26
"acceptable evidence of age" means a document that is acceptable 27
evidence of age under the Liquor Act 1992.'. 28
s 16 20 s 17
Casino Control Amendment Bill
of new ss 102A and 102B 1
Insertion
Clause 16. After section 102-- 2
insert-- 3
employed by casino operator 4
`Minors
`102A.(1) Section 102 does not apply to a minor employed by the casino 5
operator for a purpose, and in circumstances, approved by the chief 6
executive. 7
`(2) The chief executive may approve of a minor being in a casino as part 8
of a training or work experience arrangement if the chief executive believes 9
that it is part of the minor's duties to be in the casino. 10
11
Example--
12
If an electrician is employed by a casino operator to repair its gaming equipment,
13
the electrician's minor apprentice may be approved by the chief executive to be in
14
the casino on conditions, including, for example, only when the apprentice is with
15
the electrician while the electrician or apprentice is repairing a machine.
on heritage tour of a hotel-casino complex 16
`Minors
`102B.(1) Section 102 does not apply to minors taking part in a guided 17
heritage tour of a hotel-casino complex under an arrangement approved by 18
the chief executive. 19
`(2) The chief executive may approve an arrangement for guided heritage 20
tours of a hotel-casino complex only if the tours do not involve areas of the 21
complex where gaming is taking place when a minor is taking part in the 22
tour.'. 23
of s 103 (Cheating) 24
Amendment
Clause 17.(1) Section 103(b)-- 25
omit, insert-- 26
`(b) by any fraudulent act, practice or scheme; or'. 27
(2) Section 103, penalty-- 28
omit, insert-- 29
s 18 21 s 18
Casino Control Amendment Bill
`Example of a fraudulent act-- 1
2
A person who, knowing chips are not the person's chips, claims them or takes
3
possession of them.
`Maximum penalty--200 penalty units or imprisonment for 2 years.'. 4
of s 112 (Officers of the Division not to gamble etc.) 5
Amendment
Clause 18.(1) Section 112, section heading-- 6
omit, insert-- 7
`Certain officers of the department not to gamble etc.'. 8
(2) Section 112(1)-- 9
omit, insert-- 10
`112.(1) If the chief executive of the department directs, an officer of the 11
department (the "directed officer") must not gamble in a casino except to 12
the extent necessary for the officer to perform the officer's duties as an 13
officer of the department. 14
`Maximum penalty--40 penalty units. 15
`(1A) A directed officer must not-- 16
(a) accept or solicit employment from a licensee under this Act; or 17
(b) be an employee, in any capacity, of a licensee under this Act; or 18
(c) knowingly have, directly or indirectly, a business or financial 19
association with, or a business or financial interest in something 20
together with, a licensee under this Act. 21
`Maximum penalty--40 penalty units. 22
`(1B) A person who was a directed officer must not, for 1 year after the 23
person ceases to be a directed officer, without the chief executive's 24
approval-- 25
(a) accept or solicit employment from a licensee under this Act; or 26
(b) be an employee, in any capacity, of a licensee under this Act; or 27
(c) knowingly have, directly or indirectly, a business or financial 28
association with, or a business or financial interest in something 29
together with, a licensee under this Act. 30
s 19 22 s 19
Casino Control Amendment Bill
`Maximum penalty--40 penalty units.'. 1
(3) Section 112(2), `an officer of the Division'-- 2
omit, insert-- 3
`a directed officer'. 4
(4) Section 112(2)-- 5
insert-- 6
`Maximum penalty--40 penalty units.'. 7
(5) Section 112(3), `An officer of the Division'-- 8
omit, insert-- 9
`A directed officer'. 10
(6) Section 112(3)(c) and (d), `Minister'-- 11
omit, insert-- 12
`chief executive'. 13
(7) Section 112(3)-- 14
insert-- 15
`Maximum penalty--40 penalty units.'. 16
of new ss 129134 17
Insertion
Clause 19. After section 128-- 18
insert-- 19
inspectors 20
`Existing
`129.(1) A person who was an inspector before the commencement is 21
taken to be appointed under section 6 7 even though the person may not be 22
able to be appointed under the section. 23
`(2) This section expires 6 months after it commences. 24
7 Section 6 (Appointment of inspectors).
s 19 23 s 19
Casino Control Amendment Bill
cards 1
`Identity
`130.(1) The chief executive must give each inspector an identity card 2
under section 98 as soon as is practicable after the commencement. 3
`(2) However, the reference to an identity card in section 109 includes an 4
identification card given to an inspector under section 1710 before the 5
commencement. 6
`(3) This section expires 6 months after it commences. 7
approvals etc. 8
`Existing
`131. This section applies to-- 9
(a) the exercise of power by the Minister, the Director or the Deputy 10
Director that continues to have effect immediately before the 11
commencement; but 12
(b) the provision conferring the power provides that the power may 13
be exercised by the chief executive. 14
`(2) The exercise of the power continues to have effect and may be dealt 15
with by the chief executive. 16
17
Example--
18
An approval of a person by the Minister under section 82(1)(b) (Audit provisions)
19
that, at the commencement, has not expired or been revoked continues to have effect
20
but may be revoked or amended by the chief executive.
`(3) This section expires 1 year after it commences. 21
forms to continue as approved forms 22
`Prescribed
`132.(1) If, at the commencement, a provision of this Act required a 23
form to be prescribed for a purpose and a form was prescribed, the form as 24
prescribed is taken to be an approved form for the provision. 25
8 Section 9 (Identity cards for inspectors)
9 Section 10 (Production or display of inspector's identity card).
10 Section 17 of this Act before commencement dealt with the identification of
inspectors.
s 19 24 s 19
Casino Control Amendment Bill
`(2) This section expires 6 months after it commences or, if an earlier 1
day is prescribed under a regulation, that day. 2
in statutory instruments to Director 3
`References
`133.(1) A reference to the Director in subordinate legislation, and other 4
statutory instruments, made under this Act before the commencement must 5
be taken to be references to the chief executive. 6
`(2) This section expires 1 year after it commences. 7
officers taken to be directed officers 8
`Certain
`134.(1) An officer of the department who, at the commencement, was 9
an officer of the Casino Control Division is taken to be a directed officer.11 10
`(2) This section expires 1 year after it commences.'. 11
12
11 A directed officer is mentioned in section 112 (Certain officers of the department
not to gamble etc.).
25
Casino Control Amendment Bill
CHEDULE 1
¡S
MENDMENTS 2
A
section 3 of the Act 3
1. Section 2(1), `for and on behalf of Her Majesty'-- 4
omit. 5
2. Section 4(1), definition "casino key employee", paragraph (a), `any 6
person employed or working in a casino'-- 7
omit, insert-- 8
`a person employed by, or working for, a casino'. 9
3. Section 4, definition "chips", `Director'-- 10
omit, insert-- 11
`chief executive'. 12
4. Section 4, definition "financial year", `Director'-- 13
omit, insert-- 14
`chief executive'. 15
5. Section 4, definition "machine game", `by the Director'-- 16
omit. 17
6. Section 22(1)-- 18
omit, insert-- 19
26
Casino Control Amendment Bill
SCHEDULE (continued)
`22.(1) A casino licence, in the approved form, must be issued and 1
signed by the Minister.'. 2
7. Section 24(2)-- 3
omit, insert-- 4
`(2) An application to lease must be made, in the approved form, by the 5
casino licensee to the Minister and must be accompanied by-- 6
(a) a draft of the proposed lease; and 7
(b) full details of the proposed lessee; and 8
(c) other particulars prescribed under a regulation.'. 9
8. Section 25(2)-- 10
omit, insert-- 11
`(2) An application to enter into an agreement must be made, in the 12
approved form, by the casino licensee or the lessee under the casino lease to 13
the Minister and must be accompanied by-- 14
(a) a draft of the proposed agreement; and 15
(b) full details of the other party to the proposed agreement; and 16
(c) other particulars prescribed under a regulation.'. 17
9. Section 31(1)(e) and (f)-- 18
omit, insert-- 19
`(e) fails to comply with a written direction given to the person by the 20
Minister or chief executive under this Act and-- 21
(i) the person is required under this Act to comply with the 22
direction; and 23
(ii) the Minister believes the failure to comply with direction 24
may jeopardise the integrity of the operation of the casino or 25
27
Casino Control Amendment Bill
SCHEDULE (continued)
adversely affect the interests of the public; or 1
(f) is required under this Act to give information to the Minister, the 2
chief executive or an inspector and gives information that is, to 3
the person's knowledge, false or incorrect; or'. 4
10. Section 31(5)-- 5
omit, insert-- 6
`(5) The notice must be in the approved form.'. 7
11. Section 31(13), `Casino Control Division in relation to'-- 8
omit, insert-- 9
`department about'. 10
12. Section 34, penalty-- 11
omit. 12
13. Section 34(1)-- 13
insert-- 14
`Maximum penalty--50 penalty units or imprisonment for 1 year.'. 15
14. Section 34(2)-- 16
insert-- 17
`Maximum penalty--50 penalty units or imprisonment for 1 year.'. 18
15. Section 34(3)-- 19
insert-- 20
`Maximum penalty--50 penalty units or imprisonment for 1 year.'. 21
28
Casino Control Amendment Bill
SCHEDULE (continued)
16. Section 35(1)(a) and (b)-- 1
omit, insert-- 2
`(a) be in the approved form; and 3
(b) be accompanied by the fee prescribed under a regulation; and'. 4
17. Section 35(1)(g) and (h), `Director'-- 5
omit, insert-- 6
`chief executive' 7
18. Section 35(1)(i), `prescribed form'-- 8
omit, insert-- 9
`approved form'. 10
19. Section 35(1A), `Director'-- 11
omit-- 12
`chief executive'. 13
20. Section 36(1), `Where the Minister is of the opinion that'-- 14
omit, insert-- 15
`If the chief executive believes that'. 16
21. Section 36(1)(b), `determined by the Minister'-- 17
omit, insert-- 18
`prescribed under a regulation'. 19
29
Casino Control Amendment Bill
SCHEDULE (continued)
22. Section 36(1), `the Minister shall' to `accordingly'-- 1
omit, insert-- 2
`the chief executive must, by written notice, ask the person to apply for a 3
casino key employee licence within 7 days of receiving the notice'. 4
23. Section 36(1), penalty-- 5
omit. 6
24. Section 36-- 7
insert-- 8
`(1A) A person to whom a notice is given under subsection (1) must 9
apply for a casino key employee licence within 7 days of receiving the 10
notice, unless the person has a reasonable excuse. 11
`Maximum penalty--100 penalty units or imprisonment for 1 year.'. 12
25. Section 36(2) and (3), `Minister shall'-- 13
omit, insert-- 14
`chief executive must'. 15
26. Section 36(3)-- 16
insert-- 17
`Maximum penalty--100 penalty units or imprisonment for 1 year.'. 18
27. Section 36(4), `Where the Minister'-- 19
omit, insert-- 20
`If the chief executive'. 21
30
Casino Control Amendment Bill
SCHEDULE (continued)
28. Section 36(4), penalty-- 1
omit, insert-- 2
`Maximum penalty--100 penalty units or imprisonment for 1 year.'. 3
29. Section 38(2)-- 4
omit, insert-- 5
`(2) The chief executive must notify the applicant, in the approved form, 6
of the Minister's decision.'. 7
30. Section 39(2)-- 8
omit, insert-- 9
`(2) A licence must be in the approved form and must include-- 10
(a) the name, and a photograph, of the licensee; and 11
(b) the authority given to the licensee by the licence, including the 12
type of work the licensee may perform; and 13
(c) other particulars prescribed under a regulation.'. 14
31. Section 40-- 15
omit, insert-- 16
`Notice when certain employees begin employment with casino 17
operator 18
`40. Within 7 days after a casino key employee or casino employee 19
begins employment with a casino operator, the operator must notify the 20
chief executive, in the approved form, about the employee beginning 21
employment. 22
Maximum penalty--40 penalty units.'. 23
31
Casino Control Amendment Bill
SCHEDULE (continued)
32. Section 45(3)-- 1
omit, insert-- 2
`(3) The letter of censure becomes part of the records of the department 3
about the person censured.'. 4
33. Section 46, `by notice in writing to the Minister'-- 5
omit, insert-- 6
`by written notice to the chief executive'. 7
34. Section 47(1), `shall notify the Director in the prescribed form'-- 8
omit, insert-- 9
`must notify the chief executive in the approved form'. 10
35. Section 48(3)-- 11
omit, insert-- 12
`(3) If the Minister grants a provisional licence, the chief executive must 13
issue the licence in the approved form and sign it.'. 14
36. Part 5 heading-- 15
omit, insert-- 16
`PART 5--FEES, TAXES AND LEVIES'. 17
37. Section 59(1)(b), `Director'-- 18
omit, insert-- 19
`chief executive'. 20
32
Casino Control Amendment Bill
SCHEDULE (continued)
38. Section 59(1)(d)-- 1
omit. 2
39. Section 59(1)-- 3
insert-- 4
`Maximum penalty--40 penalty units.'. 5
40. Section 59(2), `Director'-- 6
omit, insert-- 7
`chief executive'. 8
41. Section 59(2)-- 9
insert-- 10
`Maximum penalty--40 penalty units.'. 11
42. Section 61(1), (3), (4), (6) and (7), `Minister'-- 12
omit, insert-- 13
`chief executive'. 14
43. Section 61(2)-- 15
insert-- 16
`Maximum penalty--40 penalty units.'. 17
33
Casino Control Amendment Bill
SCHEDULE (continued)
44. Section 61(5), `shall submit to the Minister for the Minister's 1
approval'-- 2
omit, insert-- 3
`must give to the chief executive for the chief executive's approval'. 4
45. Section 62(3)-- 5
insert-- 6
`Maximum penalty--40 penalty units.'. 7
46. Section 62(3), (4F), (6) and (7)(a), `Director'-- 8
omit, insert-- 9
`chief executive'. 10
47. Section 62(4), `tokens'-- 11
omit, insert-- 12
`chips'. 13
48. Section 63(1) to (3)-- 14
omit, insert-- 15
`63.(1) The Minister may make rules for the playing of games in 16
casinos. 17
`(2) The games included in the rules may be conducted or played in a 18
casino under a casino licence. 19
`(3) The rules are subordinate legislation.'. 20
49. Section 63(10)-- 21
omit. 22
34
Casino Control Amendment Bill
SCHEDULE (continued)
50. Section 72(3), `Minister'-- 1
omit, insert-- 2
`chief executive'. 3
51. Section 73(1), `A casino operator' to `the approval of the 4
Minister'-- 5
omit, insert-- 6
`A casino operator must give the chief executive for the chief executive's 7
approval'. 8
52. Section 73(1)(b) and (2), `Minister'-- 9
omit, insert-- 10
`chief executive'. 11
53. Section 74, `shall contain both narrative and diagrammatic 12
representation of'-- 13
omit, insert-- 14
`must explain'. 15
54. Section 75, section heading-- 16
omit, insert-- 17
`Chief executive's approval'. 18
55. Section 75(1), `The Director' to `the Minister'-- 19
omit, insert-- 20
`The chief executive must review each submission received by the chief 21
executive under section 73 and consider'. 22
35
Casino Control Amendment Bill
SCHEDULE (continued)
56. Section 75(2), `If the Director'-- 1
omit, insert-- 2
`If the chief executive'. 3
57. Section 75(2), `Director shall, before advising the Minister'-- 4
omit, insert-- 5
`chief executive must, before finally deciding about the approval'. 6
58. Section 75(3)-- 7
omit, insert-- 8
`(3) For the casino operator's submission to proceed, the operator must 9
take the steps specified by the chief executive'. 10
59. Section 75(4), `Where the Director advises the Minister that'-- 11
omit, insert-- 12
`If the chief executive decides'. 13
60. Section 75(4), (5), (6)(a)(i) and (6)(b), `Minister'-- 14
omit, insert-- 15
`chief executive'. 16
61. Section 76(3), `7'-- 17
omit, insert-- 18
`5'. 19
36
Casino Control Amendment Bill
SCHEDULE (continued)
62. Section 80, section heading-- 1
omit, insert-- 2
`Chief executive may approve financial year period'. 3
63. Section 80, `Director'-- 4
omit, insert-- 5
`chief executive'. 6
64. Section 82(1)(b), `Minister'-- 7
omit, insert-- 8
`chief executive'. 9
65. Section 86(2), penalty-- 10
omit, insert-- 11
`Maximum penalty--100 penalty units.'. 12
66. Section 86(3), `and shall be' to `such offence accordingly'-- 13
omit, insert-- 14
`and are liable to a penalty of 10 penalty units for each offence'. 15
67. Section 87(a) and (b)-- 16
omit, insert-- 17
`(a) viewing the operations of gaming and other activities associated 18
with the operation of the casino; and 19
(b) viewing a video recording of operations or activities mentioned in 20
paragraph (a); and'. 21
37
Casino Control Amendment Bill
SCHEDULE (continued)
68. Section 88(3), `in the prescribed form'-- 1
omit, insert-- 2
`, in the approved form'. 3
69. Section 88(7)-- 4
omit. 5
70. After section 88-- 6
insert-- 7
`Privilege against self incrimination 8
`88A. An individual is not required under this Act to answer a question, 9
or give information, that might tend to incriminate the individual.'. 10
71. Section 90(2)-- 11
omit, insert-- 12
`(2) An inspector may only make a written requirement under 13
subsection (1) if the chief executive approved the inspector making the 14
requirement.'. 15
72. Section 91(1), `Director or other officer of the Division'-- 16
omit, insert-- 17
`chief executive or other officer of the department'. 18
73. Sections 91(2), `Director'-- 19
omit, insert-- 20
`chief executive'. 21
38
Casino Control Amendment Bill
SCHEDULE (continued)
74. Section 91(3), `Director has as an inspector'-- 1
omit, insert-- 2
`chief executive has'. 3
75. Section 92-- 4
insert-- 5
`(2A) If the casino operator operates more than 1 casino, the direction 6
may relate to a particular casino, or all casinos, operated by the casino 7
operator.'. 8
76. Section 99, penalty-- 9
omit, insert-- 10
`Maximum penalty--40 penalty units.'. 11
77. Section 100, penalty-- 12
omit, insert-- 13
`Maximum penalty--40 penalty units.'. 14
78. Sections 104 and 107, penalty-- 15
omit, insert-- 16
`Maximum penalty--200 penalty units or imprisonment for 2 years.'. 17
79. Section 108, penalty-- 18
omit, insert-- 19
`Maximum penalty--100 penalty units or imprisonment for 1 year.'. 20
39
Casino Control Amendment Bill
SCHEDULE (continued)
80. Section 109, penalty-- 1
omit, insert-- 2
`Maximum penalty--200 penalty units or imprisonment for 2 years.'. 3
81. Section 110(d)-- 4
omit, insert-- 5
`(d) falsely represents himself or herself to be an inspector, or an 6
officer of the department involved with the administration of this 7
Act; or'. 8
82. Section 110, penalty-- 9
omit, insert-- 10
`Maximum penalty--100 penalty units or imprisonment for 1 year.'. 11
83. Section 111, section heading-- 12
omit, insert-- 13
`Bribery of officers'. 14
84. Section 111(1), `Any officer of the Division'-- 15
omit, insert-- 16
`An officer of the department'. 17
85. Section 111(1)(a) and (b), `as an officer of the Division'-- 18
omit, insert-- 19
`under this Act; or'. 20
40
Casino Control Amendment Bill
SCHEDULE (continued)
86. Section 111(1)(c), after `an offence'-- 1
insert-- 2
`under this Act'. 3
87. Section 111(1), penalty-- 4
omit, insert-- 5
`Maximum penalty--200 penalty units or imprisonment for 2 years.'. 6
88. Section 111(2), `upon or for any officer of the Division'-- 7
omit, insert-- 8
`on or for an officer of the department involved with the administration 9
of this Act'. 10
89. Section 111(2)(a) and (b), `as an officer of the Division'-- 11
omit, insert-- 12
`under this Act; or'. 13
90. Section 111(2)(c), after `offence'-- 14
insert-- 15
`under this Act'. 16
91. Section 111(2), penalty-- 17
omit, insert-- 18
`Maximum penalty--200 penalty units or imprisonment for 2 years.'. 19
41
Casino Control Amendment Bill
SCHEDULE (continued)
92. Section 114(2) and (3), penalty-- 1
omit, insert-- 2
`Maximum penalty--20 penalty units.'. 3
93. Section 116(b), `Casino Control Division'-- 4
omit, insert-- 5
`department'. 6
94. Section 118(1)-- 7
omit. 8
95. Section 119-- 9
omit. 10
96. Section 121, section heading-- 11
omit, insert-- 12
`Power to arrest includes power to proceed by complaint and 13
summons'. 14
97. Section 121(1) and (2)-- 15
omit. 16
98. Section 124, `Her Majesty'-- 17
omit, insert-- 18
`the State'. 19
42
Casino Control Amendment Bill
SCHEDULE (continued)
99. Section 126(a), `Casino Control Division'-- 1
omit, insert-- 2
`department'. 3
100. Section 127(1), `for the purposes of'-- 4
omit, insert-- 5
`under'. 6
101. Section 127(2), `A regulation' to `following matters'-- 7
omit, insert-- 8
`Without limiting subsection (1), a regulation may be made about the 9
following'. 10
102. Section 127(c)-- 11
omit. 12
103. Before section 128-- 13
insert-- 14
`PART 11--TRANSITIONAL AND SAVINGS'. 15
104. Sections 41(1), 47(1) and (2), 63(9), 66(1), 67(2), 68(2), 70, 71, 16
76(1), 78, 79, 82(2), 84(2) and 89-- 17
insert-- 18
`Maximum penalty--40 penalty units.'. 19
43
Casino Control Amendment Bill
SCHEDULE (continued)
105. Sections 31(18), 37, 38(1), 39(1) and (5), 41(2) and (3), 42(1), 44(2) 1
and (3), 47(2), 50(1), 51(1), 52(1), 55(4), 72, 76, 81, 82(2), 93(3) and (4), 2
95, 97(2), 107 and 126(a) and (e), `Director'-- 3
omit, insert-- 4
`chief executive'. 5
6
© State of Queensland 1995
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