New South Wales: 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. (1) The installation or use of gaming machines is not lawful in the Barangaroo restricted gaming facility other than gaming machines described in subsection (4). (2), (3) (Repealed) (4) For subsection (1), a gaming machine must be a device that— (a) is designed for the playing of a partly or fully electronic version of a game ordinarily played at a table, and (b) is able to be played by more than one player at the one time, and (c) is equipped with more than one player terminal. Note— Under section 66 it is a condition of a casino licence that the casino operator must not permit a game to be conducted or played in a casino (which includes the Barangaroo restricted gaming facility) unless the game is approved by the NICC. (5) Low limit gaming not lawful in Barangaroo restricted gaming facility The playing of any game in the Barangaroo restricted gaming facility is not lawful if the amount placed for any single bet or wager on that game is less than the minimum bet limit for that game. (6) The minimum bet limit is— (a) in the case of baccarat, blackjack or roulette (whether played at a table or by way of an electronic device)— (i) $30 for baccarat, $20 for blackjack and $25 for roulette, or (ii) such higher amount as may be determined by the NICC in accordance with the licence for the Barangaroo restricted gaming facility, or Note— In the case of roulette, the minimum bet limit is the minimum total of all the bets placed by a player per spin. (b) in the case of any other game—the amount determined by the NICC in accordance with the licence for the Barangaroo restricted gaming facility. (7) Any determination by the NICC under subsection (6) must be made publicly available on the NICC's website. 22B Only members and guests permitted to participate in gaming at Barangaroo restricted gaming facility It is a condition of a restricted gaming licence that only persons who, in accordance with the conditions of the licence, are members or guests of the Barangaroo restricted gaming facility are authorised by the licence to participate in any gaming in the facility. 22C Casino operators to cooperate with NICC (1) A casino operator must, in the management and operation of the casino, cooperate with the NICC in relation to the NICC exercising its functions under this Act. Maximum penalty—500 penalty units. (2) Without limiting subsection (1), cooperation with the NICC includes— (a) the full and frank disclosure by the casino operator of any information requested under this Act by the NICC, and (b) a requirement for the casino operator to give the NICC written notice of any breach, or likely breach, of any of the following by the casino operator or a close associate of the casino operator— (i) this Act, (ii) the casino operator's casino licence, (iii) an agreement to which the Crown and a casino operator are parties, and (c) a requirement for the casino operator to give the NICC written notice of any material breach, or likely material breach, of an Act of NSW or the Commonwealth that regulates casino operations, including provisions dealing with anti-money laundering or counter-terrorism financing, by— (i) the casino operator, or (ii) a holding company of the casino operator, or (iii) any related bodies corporate of the casino operator that operate a casino in another jurisdiction. (3) For subsection (2)(b) and (c), the written notice must be given as soon as practicable, but not later than 5 days after, the casino operator becomes aware of— (a) the breach or likely breach, or (b) the material breach or likely material breach. 23 Disciplinary action against casino operator (1) In this section— disciplinary action means any one or more of the following actions in relation to a casino licence— (a) the cancellation or suspension of the licence, (b) the imposition on the casino operator of a pecuniary penalty of up to $100 million, (c) the amendment of the terms or conditions of the licence (other than under section 22), (c1) a requirement that a casino operator, or a close associate of a casino operator, give an undertaking (an enforceable undertaking) to do or refrain from doing something, (d) the issue of a letter of censure to the casino operator. grounds for disciplinary action means any one or more of the following grounds in respect of a casino licence— (a) that the licence was improperly obtained in that, at the time the licence was granted, there were grounds for declining to grant it, (b) that the casino operator, a person in charge of the casino, an agent of the casino operator or a casino employee has contravened a provision of this Act or a condition of the licence, (c) that the casino premises are, for specified reasons, no longer suitable for the conduct of casino operations, (d) that the casino operator is, for specified reasons, considered to be no longer a suitable person to give effect to the licence and this Act, (e) that for specified reasons, it is considered to be no longer in the public interest that the licence should remain in force. (2) The NICC may serve on the casino operator a notice in writing affording the casino operator an opportunity to show cause within 14 days why disciplinary action should not be taken against the casino operator on grounds for disciplinary action specified in the notice. (3) The casino operator may, within the period allowed by the notice, arrange with the NICC for the making of submissions to the NICC as to why disciplinary action should not be taken and the NICC is to consider any submissions so made. (4) The NICC may then decide that it is appropriate that certain disciplinary action be taken against the casino operator and may either— (a) take that disciplinary action by giving written notice of the action to the casino operator, or (b) as an alternative to taking that disciplinary action, take action under section 24. (5) Disciplinary action may be taken against a person whether or not the person has been prosecuted, convicted or penalised for any contravention that is the grounds for the action. (6) Disciplinary action takes effect when notice of it is given or on a later date specified in the notice. (7) The NICC is not to take action under this section unless a member of the NICC who is or has been a Judge, or is an Australian lawyer of at least 7 years' standing, is present at the meeting of the NICC at which the decision to take the action is made. 24 Rectification order as alternative to disciplinary action (1) As an alternative to taking disciplinary action against a casino operator under section 23, the NICC may direct the operator in writing to take specified action within a specified time to rectify the matter which constitutes the grounds for disciplinary action concerned. (2) If a casino operator fails to take the specified action within the specified time, the NICC may proceed to take the relevant disciplinary action by giving written notice of the action to the operator, and the action takes effect when the notice is given or on a later date specified in the notice. 25 Effect of suspension of licence (1) While a casino licence is suspended, it is of no effect for the purposes of section 4 (Gaming in licensed casino declared lawful) but is to be considered to be in force for all other purposes. (2) The NICC may, at any time, terminate or reduce a period of suspension of a casino licence. 26 Recovery of pecuniary penalty (1) A pecuniary penalty that has been imposed on a casino operator under section 23 may be recovered by the Secretary on behalf of the State in a court of competent jurisdiction as a debt due to the Crown. (2) Proceedings to recover such a penalty may be instituted within 6 years after the occurrence of the matter which constituted the grounds for disciplinary action in respect of which the penalty was imposed. 26A Enforceable undertakings (1) This section applies if a casino operator, or a close associate of a casino operator, has given an enforceable undertaking. (2) The enforceable undertaking may be varied or withdrawn— (a) at the request of the person who gave the undertaking, and (b) with the consent of the NICC. (3) The NICC may publish the enforceable undertaking, in the way the NICC considers appropriate, unless the NICC considers— (a) the undertaking includes matters that are commercial in confidence, or (b) publication of the undertaking would be not be in the public interest, or (c) the undertaking includes personal information that cannot be easily redacted or the redaction of the information would make the publication of the undertaking meaningless. (4) If the NICC is satisfied that the person who gave the enforceable undertaking has, without reasonable excuse, failed to comply with the undertaking, the NICC may certify the failure to the Supreme Court. (5) The Supreme Court may then inquire into the case and— (a) order the person to comply with the enforceable undertaking within a period specified by the Court, or (b) if the Court is satisfied the person failed, without reasonable excuse, to comply with the enforceable undertaking—punish the person as if the person were in contempt of the Court and, if the Court thinks fit, also make an order under paragraph (a). 27 Surrender of licence (1) A casino operator may surrender the casino licence by giving notice in writing to the NICC. (2) The surrender takes effect only if the NICC consents to the surrender. 28 Appointment of a manager if licence suspended, cancelled or surrendered (1) If a casino licence is suspended, cancelled or surrendered, the NICC may, if it is satisfied that it is in the public interest to do so, by instrument in writing appoint a person to be the manager of the casino for the purposes of this section. (2) In appointing a person to be the manager, the NICC must have regard to the suitability of the person. (3) The manager is to be appointed on such terms and conditions as the NICC thinks fit. (4) The appointment of the manager may be terminated at any time by the NICC and is in any case terminated 90 days after appointment unless in a particular case the appointment is extended by the regulations. (5) The manager— (a) is to be considered to be the holder of a casino licence (including for the purposes of section 6) granted on the same terms and subject to the same conditions as the suspended, cancelled or surrendered licence (as in force immediately before the suspension, cancellation or surrender) with such modifications as the NICC may direct, and (b) is to assume full control of and responsibility for the business of the casino operator in respect of the casino, and (c) is to conduct or cause to be conducted casino operations in accordance with this Act, and (d) has, in connection with the conduct of those operations, all the functions of the operator. (6) The regulations may make provision for or with respect to the functions of the manager of a casino appointed under this section. (7) The following provisions have effect in respect of the net earnings of a casino while operations in the casino are being conducted by a manager under this section— (a) no payment of net earnings is to be made to the holder of the suspended, cancelled or surrendered licence (the former operator) without the prior approval of the NICC, (b) the former operator is entitled to a fair rate of return out of net earnings (if any) on any property of the former operator retained by the manager, (c) the NICC may in its discretion direct that all or any part of net earnings (other than that to which the former operator is entitled under paragraph (b)) is to be paid into the Consolidated Fund, with any balance to be paid to the former operator. Part 3 Supervision and control of casino operators and close associates Division 1 Directions, investigations etc 29 Directions to operator (1) The NICC may give a casino operator a written direction that relates to the conduct, supervision or control of operations in the casino. (2) It is a condition of a casino licence that the casino operator must comply with such a direction as soon as it takes effect. (3) The direction takes effect when the direction is given to the casino operator or on a later date specified in the direction. (4) The power conferred by this section includes a power to give a direction to a casino operator to adopt, vary, cease or refrain from any practice in respect of the conduct of casino operations. (5) A direction under this section is not to be inconsistent with this Act or the conditions of the casino licence. 30 General investigations (1) The NICC is to investigate a casino from time to time and at any time that the NICC thinks it desirable or when directed to do so by the Minister. (2) The investigation may relate to (but is not limited to) any of the following matters— (a) the casino and operations in the casino, (b) the casino operator or a person who, in the opinion of the NICC, is an associate of the casino operator, (c) a person or persons who in the opinion of the NICC could affect the exercise of functions in or in relation to the casino, (d) a person or persons who, in the opinion of the NICC, could be in a position to exercise direct or indirect control over the casino operator, or an associate of the casino operator, in relation to functions in or in relation to the casino. (3) The NICC may make a report to the Minister on the results of such an investigation if it thinks it desirable to do so and must make such a report if the investigation was made at the direction of the Minister. (4) The NICC is to take whatever action under this Act it considers appropriate in the light of the results of an investigation. 31 Review of casino licence and operator suitability (1) The NICC must, at intervals not exceeding 5 years, review a casino licence by investigating and forming an opinion as to whether or not— (a) the casino operator is a suitable person to continue to give effect to the casino licence and this Act, and (b) it is in the public interest that the casino licence should continue in force. (1A) A review is to be carried out— (a) by way of an inquiry held under section 143, and (b) into each casino operator concurrently. (1B) The reasonable costs incurred in relation to a review are to be paid by the casino operators, with each casino operator to pay the proportion of the costs decided by the NICC, having regard to the effort involved in investigating each operator and the findings of the review. (1C) The NICC may require a casino operator to pay an amount towards the reasonable costs of the review before the review starts and during the period in which the review is held. (1D) If the amount paid by a casino operator under subsection (1C) is more than the amount calculated under subsection (1B) at the end of the review to be payable by the operator, the NICC must refund the excess amount to the operator. (2) The NICC is to report its findings and opinion on a review under this section to the Minister, giving reasons for its opinion, and is to take any action under this Act that it considers appropriate in light of its findings. (3) The regulations may postpone or extend the intervals between reviews required under this section. Note— See Part 11 of Schedule 4 for the transitional arrangements for reviews under this section following the substitution of this section by the Casino Control Amendment Act 2018 (including the arrangements for the first review under this section of the restricted gaming licence). 32 Operator and associates may be required to provide information (1) The NICC may, by notice in writing, require a casino operator or a person who, in the opinion of the NICC, is directly or indirectly associated with the operator— (a) to provide the NICC or a key official, in accordance with directions in the notice, with such information relevant to the operator or that association or to the casino, or with such prescribed information, as is specified in the notice, or (b) to produce to the NICC or a key official, in accordance with directions in the notice, such records relevant to the operator or that association or to the casino, or to prescribed matters, as are specified in the notice and to permit examination of those records, the taking of extracts from them and the making of copies of them, or (c) to attend before the NICC or a key official for examination in relation to any matters relevant to the operator or that association or to the casino, or to prescribed matters, and to answer questions relating to those matters. (2) A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person. (3) If records are produced under this section, the NICC or key official to whom they are produced may retain possession of the records for such period as may reasonably be necessary to permit examination of the records, the taking of extracts from them and the making of copies of them. (4) At any reasonable times during the period for which records are retained, the NICC or key official must permit inspection of the records by a person who would be entitled to inspect them if they were not in the possession of the NICC or key official. 33 Failure to provide information etc is an offence and punishable as contempt (1) A person who fails without reasonable excuse to comply with a requirement of a notice under section 32 is guilty of an offence. Maximum penalty— (a) for an individual—100 penalty units, or (b) for a corporation—1,000 penalty units. (2) A person is not excused from complying with a notice under section 32 on the ground that compliance might tend to incriminate the person. (3) If the person claims in writing to the NICC, before complying with the notice, that compliance might tend to incriminate the person, information provided in compliance with the notice is not admissible in criminal proceedings against the person except proceedings for the offence of providing false or misleading information in purported compliance with the notice. (4) If the NICC is satisfied that a person has, without reasonable excuse, failed to comply with a requirement of a notice under section 32, the NICC may certify the failure to the Supreme Court. (5) The Supreme Court may then inquire into the case and— (a) order the person to comply with the requirement within a period specified by the Court, or (b) if the Court is satisfied that the person failed, without reasonable excuse, to comply with the requirement—punish the person as if the person were in contempt of the Court and, if it thinks fit, also make an order under paragraph (a). 34 Injunctions to prevent contraventions etc (1) If the Supreme Court is satisfied on the application of the NICC that a relevant person has engaged or is proposing to engage in conduct that constitutes or would constitute— (a) a contravention of a provision of this Act or of a condition of the casino licence, or (b) attempting to contravene such a provision, or (c) aiding, abetting, counselling or procuring a person to contravene such a provision, or (d) inducing, or attempting to induce, whether by threats or promises or otherwise, a person to contravene such a provision, (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision, or (f) conspiring with others to contravene such a provision, the Court may grant an injunction in such terms as the Court determines to be appropriate. (2) If in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of the application. (3) The Court may rescind or vary an injunction granted under this section. (4) The power of the Court to grant an injunction restraining a person from engaging in conduct may be exercised— (a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind, and (b) whether or not the person has previously engaged in conduct of that kind, and (c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind. (5) The power of the Court to grant an injunction requiring a person to do an act or thing may be exercised— (a) whether or not it appears to the Court that the person intends to fail again, or to continue to fail, to do that act or thing, and (b) whether or not the person has previously failed to do that act or thing, and (c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person fails to do that act or thing. (6) When the NICC makes an application to the Court for the grant of an injunction under this section, the Court is not to require the NICC or any other person, as a condition of granting an interim injunction, to give any undertakings as to damages. (7) In this section— relevant person means the following— (a) a casino operator, (b) a close associate of a casino operator, (c) another person who is the subject of a provision of this Act or a condition of a casino licence, including a person who is proposing to become a close associate of a casino operator. 35 Change in state of affairs of operator (1) In this section— major change in the state of affairs existing in relation to a casino operator means— (a) any change in that state of affairs which results in a person becoming a close associate of the casino operator, or (b) any other change in that state of affairs which is of a class or description prescribed as major for the purposes of this section. minor change in the state of affairs existing in relation to a casino operator means any change in that state of affairs that is prescribed as a minor change for the purposes of this section. (2) It is a condition of a casino licence that the casino operator must— (a) ensure a major change in the state of affairs existing in relation to the casino operator that is within the operator's power to prevent does not occur other than with the prior written approval of the NICC, and (b) notify the NICC in writing of the likelihood of any major change in the state of affairs existing in relation to the operator to which paragraph (a) does not apply as soon as practicable after the operator becomes aware of the likelihood of the change, and (c) notify the NICC in writing of any major change in the state of affairs existing in relation to the operator to which paragraphs (a) and (b) do not apply within 3 days after becoming aware that the change has occurred, and (d) notify the NICC in writing of any minor change in the state of affairs existing in relation to the operator within 14 days after becoming aware that the change has occurred. (2A) For subsection (2)(a), if the major change in the state of affairs can be prevented by a holding company of the casino operator, the major change is taken to be within the operator's power to prevent. (3) If a major change involves a person becoming a close associate of a casino operator, the NICC must not grant approval for the major change unless the NICC is satisfied— (a) the person is a suitable person to be associated with the management of a casino, or (b) the person holds an exemption under section 42A(2)(a) or would be eligible for the grant of an exemption under that paragraph. (4) Sections 14, 15, 17 and 18 apply to and in respect of an application for approval under this section in the same way that they apply to and in respect of an application for a licence. (5) If a major change is proposed or has occurred involving a person becoming a close associate of a casino operator and the approval of the NICC to the change is not required— (a) the NICC must inquire into the change to determine whether the NICC is satisfied the person— (i) is a suitable person to be associated with the management of a casino, or (ii) holds an exemption under section 42A(2)(a) or would be eligible for the grant of an exemption under that paragraph, and (b) if it is not so satisfied, is to take such action as it considers appropriate. 35A Cost of investigations into certain major changes (1) This section applies to a major change referred to in section 35 that is proposed or has occurred. (2) The reasonable costs incurred by the NICC in— (a) investigating and inquiring into an application for an approval under section 35 in relation to a major change to which this section applies, or (b) inquiring into a major change to which this section applies, where such an approval is not required, are payable to the Secretary, unless the NICC determines otherwise in a particular case. (3) The costs are so payable— (a) by the casino operator, except in so far as paragraph (b) applies, or (b) by the person who would become or has become a close associate of the casino operator, to the extent that the NICC is of the opinion that the casino operator is not responsible for the major change. (4) The costs may include— (a) travel, whether within or outside the State, and (b) expenses involved in engaging external legal, financial or other expert advice or assistance. (5) In the case of an application for approval under section 35, the NICC may require part or full payment in advance of the amount of costs it estimates will be payable to the Secretary by the applicant and may refuse to deal with the application until the required payment is made. (6) It is a condition of a casino licence that any amount payable under this section by the holder of the licence is paid. Division 2 Contracts 36 Definitions In this Division— contract includes any kind of agreement or arrangement. controlled contract means— (a) a contract that relates to the supply or servicing of gaming equipment that has been approved by the NICC under section 68 (1), not being a contract or a contract of a class that is prescribed by the regulations as exempt from this definition, or (a1) a contract for the engagement of a compliance auditor for a casino, or (b) a contract, or class of contracts, that, in the opinion of the NICC, is materially significant to the integrity of the operation of a casino and that the NICC declares, by notice in writing to the casino operator, to be a controlled contract. 37 Requirements for controlled contracts (1) A casino operator must not enter into or become a party to a controlled contract, or the variation of a controlled contract, relating to the casino until the operator has given the NICC written notice (contract notice) of the details of the proposed contract or variation of contract and the investigation time that the NICC is allowed by this section has elapsed. The contract notice must be accompanied by the prescribed fee. Maximum penalty—500 penalty units. (2) The NICC may object to the proposed contract or variation of contract by notice in writing given to the casino operator during the investigation time that the NICC is allowed by this section, in which case the casino operator must not enter into or become a party to the contract or variation of contract. (3) The purpose of an investigation under this section is to assess the suitability of all parties proposing to enter into the controlled contract, or the variation of a controlled contract, with the casino operator, including whether there are any financial, criminal or other issues of concern with any of the parties. (4) The investigation must be completed within 12 weeks after the contract notice was given to the NICC. (5) A casino operator must, if the casino operator becomes aware of a change in a party to a controlled contract with the casino operator that would or may affect the suitability of the party, advise the NICC by written notice of the change. Maximum penalty—500 penalty units. (6) It is a condition of a casino licence that the casino operator must comply with this section but a failure to comply with this section does not affect the validity of any contract or variation of contract. 37A Interim approval of controlled contract (1) While the NICC is considering a contract notice given by a casino operator in relation to approval to enter into or become a party to a controlled contract, or the variation of a controlled contract, the NICC may issue the casino operator with an interim approval of the controlled contract or variation. (2) An interim approval— (a) stays in force until a decision about the contract notice has been finally decided, unless earlier revoked by the NICC under section 37B(2), and (b) is not to be taken as an indication the NICC will give approval for the casino operator to enter into or become a party to a controlled contract, or the variation of the controlled contract. 37B Revocation of interim approval of controlled contract (1) This section applies if, after the NICC issues a casino operator with an interim approval of a controlled contract or a variation of a controlled contract, the NICC— (a) objects to the proposed contract or variation, and (b) proposes to revoke the interim approval. (2) The NICC may, by written notice given to each of the parties to the proposed contract or variation— (a) advise the parties that the NICC proposes to revoke the interim approval, and (b) invite the parties to provide written submissions to the NICC within the period specified in the notice, not less than 14 days after the day the notice is given to the parties, about why the interim approval should not be revoked. (3) After considering any written submissions made under subsection (2)(b), the NICC must decide— (a) to revoke the interim approval, or (b) not to revoke the interim approval. (4) As soon as practicable after making its decision under subsection (3), the NICC must give written notice of the decision to each of the parties to the proposed contract or variation. (5) If the NICC's decision is to revoke the interim approval, the notice may include a requirement that— (a) the casino operator must not enter into, or