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1
Casino Control Amendment
CASINO CONTROL AMENDMENT
BILL 1995
EXPLANATORY NOTE
GENERAL OUTLINE
Objectives of the Legislation
This Bill, which is primarily a machinery Bill, will provide for
enhancements in operational arrangements of casinos and administrative
arrangements in the regulation of casinos, and will update the penalty
provisions in the Act, consistent with the operation of the Penalties and
Sentences Act 1992.
The major objectives of the proposed Bill are:
(a) to update a number of technical issues such as definitions and
references to legislation;
(b) to provide for technological advances made in certain gaming
areas including gaming machines and card shuffling devices;
(c) to improve security arrangements, for example, screening
prospective and current employees;
(d) to relax the current restriction on the serving of alcohol at gaming
tables, in line with accepted practice in the industry;
(e) to provide for the Chief Executive to replace the Minister as the
point of authority with respect to a number of relatively minor
decisions; and
(f) to update penalty provisions in line with the Penalties and
Sentences Act, 1992.
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Casino Control Amendment
Reasons for the Bill
The Casino Control Act, 1982 is the principal piece of legislation
regulating casino operations within Queensland. These amendments are
primarily machinery amendments to the legislation which will facilitate
enhancements in the operational arrangements of casinos and administrative
arrangements in the regulation of casinos.
The Bill is consistent with fundamental legislative principles, and
incorporates various amendments which incorporate principles of natural
justice and provides appropriate protection against self-incrimination.
Estimated Cost for Government Implementation
This Bill will reduce administrative cost to the Government in relation to
the regulation of Queensland casinos by providing increased efficiency in
certain administrative activities of the Department, and by providing for the
Chief Executive to replace the Minister as the point of authority in respect of
operational decisions.
Consultation
Consultation was undertaken both formally and informally with the
existing casino operators, and with the two proposed casino operators at
Brisbane and Cairns. As many of the proposed amendments were included
in the Bill at the request of the casino operators, or are machinery provisions
which relate to the operation of the casino regulatory body, results of
consultation have been entirely favourable. The draft Bill was circulated in
its present form to all of the casino operators, and written advice has been
received supporting the proposals.
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Casino Control Amendment
NOTES ON PROVISIONS
Clause 3 Removes certain definitions rendered unnecessary given the
provisions of the Acts Interpretation Act 1954, and clarifies the meaning of
some minor references within the body of Bill.
Clause 4 Allows the Minister or the Chief Executive to impose certain
conditions, where the Minister of the Chief Executive has the power to
allow certain functions under the Act, provided that such conditions are
reasonably appropriate.
e.g. If a casino operator may sell liquor at a gaming table only if the chief
executive approves the sale, the chief executive may approve the sale of liquor
during certain hours and at certain gaming tables.
This clause goes on to recast certain existing provisions in line with
existing drafting practice and fundamental legislative principles, making
relatively minor changes which cater for organisational change within the
Department, and removing the necessity for statutory appointments to be
approved by Governor-in-Council. They also allow the implementation of
programs which ensure the continuing suitability of Inspectors, and make
minor amendments to existing secrecy provisions.
It will facilitate the amalgamation of the existing Treasury gaming
regulatory agencies into the Queensland Office of Gaming Regulation.
Clause 5 Removes any doubt about the validity of the issue of a Casino
Licence to the owner of a Casino which is built upon Crown land, or within
buildings owned by the State. This requirement relates specifically to the
situations in Brisbane and Cairns where the casinos are being developed on
Crown land, subject to Special Lease, rather than freehold.
Clause 6 Allows the Chief Executive to approve suitable programs
which ensure the continued suitability of Casino Key Employees and
Casino Employees. At present the emphasis in the Act is on initial
suitability.
Clause 7 Allows the Supervising Inspector at a casino to vary the
placement of CCTV cameras on a temporary basis, whilst their suitability
for permanent placement can be evaluated.
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Casino Control Amendment
The current legislation makes no provision for testing of this kind, which
has become a recurrent event given the demands on casinos to meet
customer demands.
Clause 8 This clause revises an outdated reference to the Anzac Day Act,
1921, and now clearly sets out the allowable operating hours for Anzac
Day.
Clause 9 Clarifies the extent to which the rules of operation for gaming
machines may be displayed within the artwork upon that machine. It goes
on to allow the operator to part with the possession of gaming equipment or
chips, with the Chief Executive's approval. This would then allow them to
either trade-in, or destroy equipment off-site, with the Chief Executive's
approval.
The present requirements--for rules to be displayed separately, and for
Inspectors to personally see the destruction of samples or outdated
equipment--are unduly and unnecessarily restrictive.
Clause 10 Allows the operator to exhibit gaming equipment, other than
in the hotel-casino complex, for the purpose of promoting the casino, after
an appropriate approval.
No gaming with the equipment will, of course, be authorised.
Clause 11 Allows the casino operator to provide advice in relation to
gaming in forms other than hard-copy, for example--videos, computer
based learning, etc. subject to chief executive approval of the texts contained
therein. This avoids the need for text-based material (booklets, etc.) in every
instance.
It also allows the operator to vary minimum wager limits at a gaming
table without the existing `20 minute warning' requirement, as long as all
players at the table agree to the change. Circumstances have arisen,
especially in `high-roller' areas, where players have been unable to play for
stakes, seen as appropriate by all present, to be played for 20 minutes.
This clause allows for the casino operator to enter into arrangements with
patrons that provide for minimum and maximum gaming wagers, other
than those posted at the tables, provided that the arrangement is approved by
the chief executive, and is in accordance with the established procedures for
such arrangements. This is designed to cater for specific `high roller'
activity.
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Casino Control Amendment
Clause 12 Provides for technological advances in the development of
gaming equipment, for example--automatic card shufflers, etc. It also
provides, that with the chief executive's approval, gaming wagers may be
placed by the use of certain approved documents, or cash, provided that the
rules of the game allow for the use of such documents, or cash. It
recognises the possibility--in appropriate circumstances--of promotional
activities by casinos.
It also extends the current restriction on the acceptance of tips by gaming
staff to include the acceptance of tips off-site which relate to the
performance of the licensee's role within the casino. The current legislation
prevents tips `on-site' but does not adequately deal with any payments
made outside the casino.
Clause 13 Provides for licensed repairers of gaming machines to be
permitted to play gaming machines in the course of evaluating the machines
performance, and provides for the non-payment of any winnings that may
accrue in the process.
This clause also relaxes the current restriction upon the serving of alcohol
in a location related to the playing of a game within the casino, on such
terms and conditions as the chief executive may approve.
Clause 14 Provides that the operator may open, with the chief
executive's approval, a bank account which is commonly called a split bank
account. This type of account allows the operator to consolidate their
banking accounts across their entire operation, yet still maintains the
requisite degree of control over the revenues of the casino operation.
Clause 15 Removes any doubt about winnings that may accrue as a
consequence of minors gambling within the casino. Essentially, it provides
that wins and losses remain the property of the casino, unless the win has
accrued as a result of a jackpot, in which case the money is returned to the
jackpot pool.
It also provides that documents which are acceptable proof of age for the
purposes of the Liquor Act 1992 shall be acceptable for the purposes of this
Act.
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Casino Control Amendment
Clause 16 Provides for minors to be allowed within a casino, as part of a
training or work experience arrangement, if the chief executive believes on
reasonable grounds that it is part of the minor's duties or training to be in
the casino. The amendment of this section resolves a conflict between this
Act and relevant Industrial law, which would seek to permit minors to be
exempt from such restriction as part of their employment.
This clause also provides for minors to take part in heritage tours, under
an arrangement approved by the chief executive, as long as the tour does not
involve areas of the casino where gaming is taking place. This amendment
is designed to allow educational tours of areas of cultural and historical
significance within the new Brisbane casino.
Clause 17 Clarifies the operation of the current section of the Act which
relates to cheating, insofar as it provides an example of a fraudulent act,
practice or scheme.
Clause 18 Brings the operation of this Act in line with that of the
Gaming Machine Act 1991, which allows or exempts an officer of the
Department from gambling in a casino, except to the extent necessary for
the officer to do so in the course of carrying out the officers duties.
It also replaces the Minister with the chief executive as the point of
authority in respect of approvals within this section.
Clause 19 Provides for transitional arrangements for existing Inspectors,
existing approvals, and existing forms.
Schedule Provides for miscellaneous amendments of the following type:
· updating penalty provisions in line with the provisions of the
Penalties and Sentences Act, 1992;
· changing all references from "Casino Control Division" to "the
department";
· replacing the Minister with the chief executive as the point of
authority in respect of various minor approvals;
· attaching a minor penalty to those provisions which have been
affected by the removal of the general penalty provision;
· removal of a mandatory requirement for a catwalk;
· removal of references to regulated forms, replacing them instead
with forms which are approved by the Minister;
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Casino Control Amendment
· replacement of certain references to "Her Majesty" with "the
State";
· various other minor procedural and grammatical matters.
© The State of Queensland 1995