CASINO ACT 1997 - SECT 45A
CASINO ACT 1997 - SECT 45A
45A—Commissioner of Police's power to bar
(1) The Commissioner
of Police may, by written order, bar a person (the
"barred person") from the casino premises, or part of the casino premises, for
a period specified in the order or for an unlimited period on any reasonable
ground.
(2) The order
must—
(a)
subject to subsection (3), state the grounds on which the order is made;
and
(b) set
out the rights of the barred person to have the order reviewed by the
Commissioner; and
(c) be
given to the person against whom it is made personally or by sending it by
post addressed to the person at the last known postal address.
(3) If a person is
barred by order under this section because of information that is classified
by the Commissioner of Police as criminal intelligence, the order need only
state that it would be contrary to the public interest if the person were not
so barred.
(4) The Commissioner
of Police must, within 14 days of service of an order under this section,
or a variation or revocation of an order under this section, provide the
licensee with—
(a)
information that identifies the barred person; and
(b) a
copy of the order, or notice of the variation or revocation of the order,
(but a failure to comply with this subsection does not affect the operation of
the order, or the variation or revocation of the order).
(4a) A barred person
may, within 14 days after an order is made under this section, apply to
the Commissioner for a review of the order and, on completing the review, the
Commissioner may confirm, vary or revoke the order.
(4b) The Commissioner
of Police may at any time, on the application of a barred person or on the
Commissioner of Police's own initiative, vary or revoke an order under this
section.
(5) A barred person
who enters or remains on casino premises contrary to an order under this
section is guilty of an offence.
Maximum penalty: $2 500.
Expiation fee: $210.
(6) If a barred person
is allowed to enter or remain on casino premises contrary to an order under
this section, the licensee is guilty of an offence.
Maximum penalty: $10 000.
Expiation fee: $1 200.
(7) An agent or
employee of the licensee or a police officer may exercise reasonable
force—
(a) to
prevent a person from entering casino premises contrary to an order under this
section; or
(b) to
remove a person who is on casino premises contrary to an order under this
section.
(9) The Commissioner
of Police may not delegate his or her power under this section except to a
Deputy Commissioner or Assistant Commissioner of Police.
(10) A delegation
under this section—
(a) must
be by instrument in writing; and
(b) may
be absolute or conditional; and
(c) does
not derogate from the power of the Commissioner of Police to act in any
matter; and
(d) is
revocable at will by the Commissioner of Police.