Casino Control Act 1992 (NSW)

Casino Control Act 1992 No 15 An Act to provide for the establishment of one casino and the control of its operations and to provide for the licensing of a restricted gaming facility at Barangaroo South; and for related purposes. Part 1 Preliminary 1 Name of Act This Act may be cited as the Casino Control Act 1992. Note— This Act is part of the gaming and liquor legislation for the purposes of the Gaming and Liquor Administration Act 2007. That Act contains administrative and other relevant provisions that apply in relation to this Act (including investigation and enforcement powers and provisions relating to the probity of officials). 2 Commencement This Act commences on a day or days to be appointed by proclamation. 3 Definitions (1) In this Act— AUSTRAC means the Australian Transaction Reports and Analysis Centre. Authority has the same meaning as in the Gaming and Liquor Administration Act 2007. Barangaroo restricted gaming facility means premises— (a) situated or proposed to be situated on that part of Barangaroo (within the meaning of the Barangaroo Delivery Authority Act 2009) identified as the site of the Barangaroo restricted gaming facility on the Barangaroo Restricted Gaming Facility Site Map, and (b) defined for the time being under section 19A. cash— (a) means money in coins or notes, and (b) does not include cheques, money orders or electronic funds transfer or debt transactions. casino means— (a) premises defined as a casino for the time being under section 19, or (b) the Barangaroo restricted gaming facility. casino employee means an employee (whether or not of a casino operator) having functions in or in relation to a casino. casino licence means a licence in force under Part 2 to operate a casino. casino operator means a person who is the holder of a casino licence. Note— References in this Act to the casino operator include references to the holder of a restricted gaming licence. chips means any tokens (including tokens depicted in an electronic form) used instead of money for the purpose of gaming. close associate—see section 3A. employ includes engage under a contract for services. exclusion order means a written order under section 79 prohibiting a person from entering, or remaining in, a casino. game means a game of chance or a game that is partly a game of chance and partly a game requiring skill. game rules, in relation to a particular game, means— (a) the rules of the game approved by an order under section 66 (1) or, if the game is a keno game, the keno rules for the game within the meaning of section 66 (5), and (b) the non-monetary prize rules for the game set out in section 66 (4). gaming means the playing of any game. gaming and liquor legislation has the same meaning as in the Gaming and Liquor Administration Act 2007. gaming equipment means any device or thing (including chips) used, or capable of being used, for or in connection with gaming. gaming machine has the same meaning as in the Gaming Machines Act 2001. inspector means an inspector within the meaning of the Gaming and Liquor Administration Act 2007. key official means a key official within the meaning of the Gaming and Liquor Administration Act 2007. member of staff means a member of staff within the meaning of the Gaming and Liquor Administration Act 2007. NICC means the NSW Independent Casino Commission established under section 133. operations, in relation to a casino, means— (a) the conduct of gaming in the casino, (b) the management and supervision of the conduct of gaming in the casino, (c) money counting in, and in relation to, the casino, (d) accounting procedures in, and in relation to, the casino, (e) the use of storage areas in the casino, and (f) other matters affecting, or arising out of, activities in the casino. premium player arrangement means an arrangement in which a casino operator offers to pay a patron of the casino a commission— (a) based on the patron's turnover of play in the casino, or (b) calculated by reference to the patron's turnover of play in the casino. private gaming area means an area in a casino that is approved by the NICC as a private gaming area. record includes any book, account, document, paper or other source of information compiled, recorded or stored in written form, or on microfilm, or by electronic process, or in any other manner or by any other means. related body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth. Responsible Gambling Fund means the Fund established under section 115. restricted gaming licence means a casino licence relating to the Barangaroo restricted gaming facility. Secretary means the Secretary of the Department of Enterprise, Investment and Trade. this Act includes the regulations. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) In this Act— (a) a reference to a function includes a reference to a power, authority and duty, and (b) a reference to the exercise of a function includes, in relation to a duty, a reference to the performance of the duty. (3) (Repealed) (4) The reference in the definition of Barangaroo restricted gaming facility to the Barangaroo Restricted Gaming Facility Site Map is a reference to a map by that name— (a) as tabled, by or on behalf of the Minister introducing the Bill for the Casino Control Amendment (Barangaroo Restricted Gaming Facility) Act 2013, in the Legislative Assembly on the day that the Bill was introduced (the original map), and (b) as amended or replaced from time to time by a map declared by proclamation to amend or replace the original map. (5) However, the site of the Barangaroo restricted gaming facility must remain in the area identified as Barangaroo South on the original map. (6) The Barangaroo Restricted Gaming Facility Site Map is to be kept and made available for public access in accordance with arrangements approved by the Minister. (7) For the purposes of this Act, the Barangaroo Restricted Gaming Facility Site Map may be in, and may be kept and made available in, electronic or paper form, or both. Note— The map is to be made available on the official NSW legislation website in connection with this Act. 3A Meaning of "close associate" (1) In this Act, a close associate, of a casino operator or an applicant for a casino licence, means— (a) a related body corporate of the casino operator or applicant, or (b) a person who holds an interest of 10% or more of the share capital in— (i) the casino operator or applicant, or (ii) a related body corporate of the casino operator or applicant, or (c) a director or officer of— (i) the casino operator, or (ii) a related body corporate of the casino operator or applicant, or (iii) a person who holds an interest of 10% or more of the share capital in— (A) the casino operator or applicant, or (B) a related body corporate of the casino operator or applicant, or (d) a person who— (i) holds or will hold a relevant financial interest, or is or will be entitled to exercise relevant power, whether in the person's own right or on behalf of another person, in the casino operator's or applicant's business that is or will be carried on under the authority of the licence, and (ii) because of that interest or power is or will be able, in the NICC's opinion, to exercise a significant influence over or in relation to the management or operation of the business, or (e) a person who holds or will hold a relevant position, whether in the person's own right or on behalf of another person, in the casino operator's or applicant's business that is or will be carried on under the authority of the licence. (2) For this section, a financial institution is not a close associate by reason only of having a relevant financial interest in relation to a business. (3) In this section— officer, of a related body corporate, has the same meaning as in the Corporations Act 2001 of the Commonwealth. relevant financial interest, in relation to a business, means— (a) a share in the capital of the business, or (b) an entitlement to receive income derived from the business or to receive another financial benefit or financial advantage from the carrying on of the business, whether the entitlement arises at law, in equity or otherwise, or (c) an entitlement to receive rent, profit or other income in connection with the use or occupation of premises on which the business of the casino is carried on. relevant position means— (a) the position of director, manager or secretary, or (b) another position, however designated, if it is an executive position. relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others— (a) to participate in a directorial, managerial or executive decision, or (b) to elect or appoint a person to a relevant position. 4 Gaming in licensed casino declared lawful (1) Despite the provisions of any other Act or law but subject to this Act, the conduct and playing of a game and the use of gaming equipment is lawful when the game is conducted and the gaming equipment is provided in a casino by or on behalf of the casino operator (that is, the holder of the licence for that casino under this Act). (2) The Unlawful Gambling Act 1998 and the Community Gaming Act 2018 do not apply to the conduct and playing of a game and the use of gaming equipment when the game is conducted and the gaming equipment is provided in a casino by or on behalf of the casino operator and in accordance with this Act, except to the extent (if any) that the regulations otherwise provide. (3) This section does not operate to validate or render enforceable a contract relating to gaming that would, apart from this section, be invalid or unenforceable. (4) Despite subsection (3), a contract to which that subsection refers and to which a casino operator is a party is enforceable against the casino operator. (5) The conduct of operations in a casino in accordance with this Act and the conditions of the casino licence is not of itself a public or private nuisance. 4A Primary objects of Act (1) Among the primary objects of this Act are— (a) ensuring that the management and operation of a casino remain free from criminal influence or exploitation, and (a1) ensuring that each casino operator prevents money laundering and terrorism financing activities within the operations of the casino, and (b) ensuring that gaming in a casino is conducted honestly, and (b1) minimising harm to individuals and families from activities associated with gambling in casinos, and (c) containing and controlling the potential of a casino to cause harm to the public interest and to individuals and families. (2) All persons having functions under this Act are required to have due regard to the objects referred to in subsection (1) when exercising those functions. 4B Obligations in relation to assessment of suitability (1) This section applies if, under this Act, the NICC is required to be satisfied of, or form an opinion about, the suitability of an applicant for a licence, a casino operator, a close associate, a special employee or another person (all relevant persons)— (a) to be concerned in or associated with the management or operation of a casino, or (b) to give effect to a casino licence and this Act. (2) The onus is on the relevant person to— (a) give the NICC clear and convincing evidence of the relevant person's suitability in relation to the assessment to be made by the NICC, and (b) make a full and frank disclosure of any information relevant to the assessment, including any information requested by the NICC in relation to the assessment. 5, 5A (Repealed) Part 2 Licensing of casino and Barangaroo restricted gaming facility 6 Restriction on number of casino licences (1) A maximum of 2 casino licences may be in force under this Act at a particular time. (2) If 2 casino licences are in force at a particular time, 1 of the licences must be a restricted gaming licence granted to operate the Barangaroo restricted gaming facility. (3) A casino licence may apply to 1 casino only. 7 Ministerial directions as to requirements for casino (1) The Minister may from time to time give a direction in writing to the NICC as to any of the following matters— (a) the permissible location for a casino, (b) the required size and style of a casino, (c) the development required to take place in conjunction with the establishment of a casino, such as the development of a hotel or other complex of which a casino is to form part, (d) any other prescribed matter concerning the establishment of a casino. (2) Before giving a direction on any matter to the NICC, the Minister is to call for a report on the matter from the NICC and is to consider the NICC's report. (3) A direction as to the permissible location for a casino must not specify a particular site unless the site is vested in the Crown or the Crown has the exclusive right of occupation of the site. (4) The Minister may vary or revoke a direction by a further direction in writing to the NICC. (5) The NICC must exercise its functions under this Act in respect of the grant of a casino licence, the conduct of negotiations and the entering into of agreements in a manner that is consistent with the directions of the Minister under this section. 8 Gaming machines in casino (1) Before directing the NICC to invite expressions of interest under section 9, the Minister is to establish an inquiry into the likely effect of the availability of gaming machines in a casino on the operations and viability of the registered club and hotel industries. (2) The Minister may then give a direction in writing to the NICC as to whether or not and to what extent (if any) gaming machines are to be available in a casino. (3) The Minister may vary or revoke a direction by a further direction in writing to the NICC. (4) The NICC must exercise its functions so as to give effect to a direction by the Minister under this section. (5) (Repealed) 9 NICC may invite expressions of interest (1) At the direction of the Minister, the NICC is to publicly invite expressions of interest for the establishment and operation of a casino and may provide information concerning the requirements for the casino to any person who expresses interest. (2) The same information is to be provided to the persons who express interest in a particular casino, so as not to advantage or disadvantage any interested person. (3) The invitation must be in terms that are consistent with any applicable directions of the Minister under section 7. (4) The invitation need not relate solely to the establishment and operation of a casino but may also relate to any other matter that the NICC considers relevant, such as the development of a hotel or other complex of which the casino is to form part. (5) The NICC is entitled to charge a fee for the provision of information under this section and persons provided with information are to be charged the same fee. (6) The NICC is not to invite expressions of interest except at the direction of the Minister but the fact that the Minister has directed that expressions of interest be invited does not necessarily mean that the Minister will direct the NICC to invite applications for a casino licence. 10 Application for casino licence (1) At the direction of the Minister, the NICC is to publicly invite applications for a casino licence and must not invite applications except at the direction of the Minister. (2) The invitation must be in terms that are consistent with any applicable directions of the Minister under section 7. (3) A person is not entitled to make an application for a casino licence unless and until the NICC invites applications and is only entitled to make an application that conforms with the terms of the NICC's invitation. (4) Unless the NICC otherwise permits in a particular case, an application must comply with the following requirements— (a) it must be made in a form approved by the NICC, (b) it must be accompanied by such fee as may be determined by the NICC in respect of applications for the licence concerned, (c) it must contain or be accompanied by such information as the application form requires and such additional information as the NICC may request. (5) An application must be verified by statutory declaration. (6) The NICC may, at its discretion, refund the whole or any part of an application fee if the application is not successful. 11 Matters to be considered in determining applications In considering an application for a casino licence, the NICC is to have regard to the following matters— (a) the requirements of section 12 (Suitability of applicant and close associates of applicant), (b) the standard and nature of the proposed casino, and the facilities to be provided in, or in conjunction with, the proposed casino, (c) the likely impact of the use of the premises concerned as a casino on tourism, employment and economic development generally in the place or region in which the premises are located, (d) the expertise of the applicant, having regard to the obligations of the holder of a casino licence under this Act, (e) such other matters as the NICC considers relevant. 12 Suitability of applicant and close associates of applicant (1) The NICC must not grant an application for a casino licence unless satisfied that the applicant, and each close associate of the applicant, is a suitable person to be concerned in or associated with the management and operation of a casino. (2) For that purpose the NICC is to consider whether— (a) each of those persons is of good repute, having regard to character, honesty and integrity, and (b) each of those persons is of sound and stable financial background, and (c) in the case of an applicant that is not a natural person, it has or has arranged a satisfactory ownership, trust or corporate structure, and (d) the applicant has or is able to obtain financial resources that are both suitable and adequate for ensuring the financial viability of the proposed casino, and (e) the applicant has or is able to obtain the services of persons who have sufficient experience in the management and operation of a casino, and (f) the applicant has sufficient business ability to establish and maintain a successful casino, and (g) any of those persons has any business association with any person, body or association who, in the opinion of the NICC, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial sources, and (h) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the NICC to be associated or connected with the ownership, administration or management of the operations or business of the applicant or a close associate of the applicant is a suitable person to act in that capacity. 13 Application for restricted gaming licence (1) A person who is approved by the Minister in writing (the approved applicant) may apply to the NICC for a restricted gaming licence to operate the Barangaroo restricted gaming facility. (2) An application for a restricted gaming licence must comply with the following requirements (except to the extent that the Minister otherwise determines)— (a) it must be made in a form approved by the NICC, (b) it must contain or be accompanied by such information as the application form requires and such additional information as the NICC may request, (c) it must be verified by statutory declaration. 13A Restricted gaming licence—suitability of applicant and close associates of applicant (1) The NICC must not grant an application for a restricted gaming licence unless it is satisfied that the approved applicant, and each close associate of the approved applicant, is a suitable person to be concerned in or associated with the management and operation of the Barangaroo restricted gaming facility. (2) For that purpose, the NICC is to consider whether— (a) each of those persons is of good repute, having regard to character, honesty and integrity, and (b) each of those persons is of sound and stable financial background, and (c) if the approved applicant is not a natural person, it has or has arranged a satisfactory ownership, trust or corporate structure, and (d) the approved applicant has or is able to obtain financial resources that are both suitable and adequate for ensuring the financial viability of the Barangaroo restricted gaming facility, and (e) the approved applicant has or is able to obtain the services of persons who have sufficient experience in the management and operation of a casino or similar gaming facility, and (f) the approved applicant has sufficient business ability to maintain a successful gaming facility, and (g) any of those persons has any business association with any person, body or association who, in the opinion of the NICC, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial sources, and (h) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the NICC to be associated or connected with the ownership, administration or management of the operations or business of the approved applicant or a close associate of the approved applicant is a suitable person to act in that capacity. (3) The following is to be taken into account by the NICC for the purposes of this section— (a) any information relevant to the application that has been provided to or received by the NICC in the course of any investigation or inquiry in relation to the suitability of the approved applicant or close associate of the approved applicant and any findings made in relation to any such investigation or inquiry, (b) the fact that gaming is not authorised in the Barangaroo restricted gaming facility before 15 November 2019. 14 Investigation of applications (1) On receiving an application for a casino licence the NICC must carry out all such investigations and inquiries as it considers necessary to enable it to consider the application properly. (2) In particular, the NICC— (a) may require any person it is investigating in relation to the person's suitability to be concerned in or associated with the management or operation of a casino or the Barangaroo restricted gaming facility (as the case requires) to consent to having his or her photograph, finger prints and palm prints taken, and (b) must refer to the Commissioner of Police details of the persons the NICC is investigating, copies of any photographs, finger prints and palm prints taken and any supporting information that the NICC considers appropriate for referral to the Commissioner. (3) The Commissioner of Police is to inquire into and report to the NICC on such matters concerning the application as the NICC may request. (4) The NICC may refuse to consider an application for a casino licence while any person from whom it requires a photograph, finger prints or palm prints under this section refuses to allow his or her photograph, finger prints or palm prints to be taken. 15 NICC may require further information etc (1) The NICC may, by notice in writing, require a person who is an applicant for a casino licence or who, in the opinion of the NICC, has some association or connection with the applicant that is relevant to the application to do any one or more of the following things— (a) to provide, in accordance with directions in the notice, such information, verified by statutory declaration, as is relevant to the investigation of the application and is specified in the notice, (b) to produce, in accordance with directions in the notice, such records relevant to investigation of the application as are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them, (c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b), (d) to furnish to the NICC such authorities and consents as the NICC directs for the purpose of enabling the NICC to obtain information (including financial and other confidential information) from other persons concerning the person and his or her associates or relations. (2) If a requirement made under this section is not complied with, the NICC may refuse to consider the application concerned. (3) A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person. 16 Cost of investigations to be paid by applicant (1) The reasonable costs incurred by the NICC in investigating and inquiring into an application for a casino licence are payable to the Secretary by the applicant, unless the NICC determines otherwise in a particular case. (2) The NICC may require part or full payment in advance of the amount it estimates will be payable by the applicant and may refuse to deal with the application until the required payment is made. (3) Investigation and inquiry costs may include travelling expenses within or outside the State. (4) It is a condition of any licence granted to the applicant that any amount payable under this section by the applicant is paid. 17 Updating of applications (1) If a change occurs in the information provided in or in connection with an application for a casino licence before the application is determined, the applicant must as soon as possible give the NICC written particulars of the change verified by statutory declaration. Maximum penalty—500 penalty units. (2) Particulars of any change given by the applicant are then to be considered to have formed part of the original application for the purposes of the application of subsection (1) to any further change in the information provided. (3) This section does not apply to a change in information if the NICC has notified the applicant in writing that the NICC does not require particulars of any change in the information concerned or does not require particulars of the type of change concerned. 18 Determination of applications (1) The NICC is to determine an application by either granting a casino licence to the applicant or declining to grant a licence, and is to inform the applicant accordingly. (2) A licence may be granted subject to such conditions as the NICC thinks fit. (3) The NICC is not required to give reasons for its decision on an application but may give reasons if it thinks fit. (4) If a licence is granted, it is granted on the terms (including a term as to the period for which it is in force), subject to the conditions and for the location specified in the licence. (5) A licence is also subject to conditions imposed by this Act. 19 NICC to define casino premises (1) The boundaries of a casino are to be defined initially by being specified in the casino licence. (2) The boundaries of a casino may be redefined by the NICC— (a) on its own initiative, or (b) on the application of the casino operator. (2A) The NICC is not to redefine the boundaries of a casino on its own initiative unless it— (a) notifies the casino operator in writing of the proposed change and gives the casino operator at least 14 days to make submissions to the NICC on the proposal, and (b) takes any such submissions into consideration before deciding whether to redefine the boundaries. (3) The redefining of the boundaries of a casino takes effect when the NICC gives written notice of it to the casino operator or on such later date as the notice may specify. (4) This section does not apply in relation to the Barangaroo restricted gaming facility. 19A Boundaries of Barangaroo restricted gaming facility (1) The boundaries of the Barangaroo restricted gaming facility are to be defined initially by being specified in the restricted gaming licence for the facility. (2) The boundaries of the Barangaroo restricted gaming facility may be redefined by the NICC but only on application made at any time by the holder of the restricted gaming licence. (3) In defining or redefining the boundaries of the Barangaroo restricted gaming facility, the NICC is— (a) to have regard only to matters of public health and safety and matters that relate to the integrity of gaming in the facility in accordance with this Act, and (b) to ensure that the total gaming area within the Barangaroo restricted gaming facility does not exceed 20,000 square metres. 20 Duration of casino licence A casino licence remains in force for the period for which it was granted, as specified in the licence, unless it is sooner cancelled or surrendered under this Act. 21 No proprietary right in casino licence A casino licence confers no right of property and is incapable of being assigned or mortgaged, charged or otherwise encumbered. 22 Conditions of casino licence (1) The conditions of a casino licence (whether as originally imposed or as amended) may relate to any matter for which provision is made by this Act but must not be inconsistent with a provision of this Act. (2) The conditions of a casino licence may be amended by being substituted, varied, revoked or added to. (2A) (Repealed) (3) An amendment may be proposed— (a) by the casino operator by requesting the NICC in writing to make the amendment, or (b) by the NICC by giving notice in writing of the proposed amendment to the casino operator and giving the casino operator at least 14 days to make submissions to the NICC concerning the proposed amendment. (4) Subject to subsection (2A), the NICC is to consider any submissions made by the casino operator and is then to decide whether to make the proposed amendment, either with or without changes from that originally proposed. (5) The NICC is to notify the casino operator of its decision and any amendment that the NICC decides upon takes effect when notice of the decision is given to the casino operator or on such later date as may be specified in the notice. (6) This section does not apply to licence conditions imposed by this Act. 22A Restrictions on gaming in Barangaroo restricted gaming facility Note— Conducting or participating in gaming that is declared under this section not to be lawful is an offence under the Unlawful Gambling Act 1998. The conduct or playing of any game in the Barangaroo restricted gaming facility was not lawful before 15 November 2019.