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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.