Queensland: Casino Control Act 1982 (Qld)

Casino Control Act 1982 An Act to provide for the regulation and control of the operation of casinos and for purposes connected therewith Part 1 Preliminary 1 Short title This Act may be cited as the Casino Control Act 1982. 2 Commencement (1) This section and section 1 shall commence on the day on which this Act is assented to. (2) Except as provided in subsection (1), this Act shall commence on a day appointed by proclamation. 3 Object (1) The object of this Act is to ensure that, on balance, the State and the community as a whole benefit from casino gambling. (2) The balance is achieved by allowing casino gambling subject to a system of regulation and control designed to protect players and the community through— (a) ensuring the integrity and fairness of games; and (b) ensuring the probity of those involved in the conduct of casino gambling; and (c) minimising the potential for harm from casino gambling. 4 Definitions The dictionary in the schedule defines particular words used in this Act. 4A References to operation of casino etc. A reference in this Act to the operation of a casino, or to a similar expression, is a reference to casino operations in respect of the casino. 4B Declaration for Commonwealth Act A casino licence is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth). 5 Exercise of power on conditions (1) This section applies to the Minister, the chief executive or an inspector (an authorised person) when the authorised person has the power to allow someone else to do something. (2) The authorised person may allow the other person to do the thing on conditions the authorised person considers appropriate. Example— If a casino operator may sell liquor at a gaming table only if the chief executive approves the sale, the chief executive may approve the sale of liquor during certain hours and at certain gaming tables. (3) This section applies whether or not the section mentioning the authorised person's power states the power may be exercised on conditions. Part 2 Administration 6 [Repealed] 7 [Repealed] 8 [Repealed] 9 [Repealed] 10 [Repealed] 11 [Repealed] 12 [Repealed] 13 Protection from liability (1) This section applies to— (a) an inspector; and (b) a person acting under the direction of an inspector. (2) A person does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. (3) If subsection (2) prevents a civil liability attaching to a person, the liability attaches instead to the State. 14 Confidentiality of information (1) A person who is, or was, an inspector or an officer of the department must not disclose confidential information gained by the person in performing functions under this Act. Maximum penalty—200 penalty units or 2 years imprisonment. (2) However, the person may disclose confidential information if— (a) the disclosure is for a purpose under this Act or a gaming Act; or (b) the disclosure is otherwise required or permitted by law; or (c) the chief executive approves the disclosure under this section; or (d) the disclosure is to an external adviser for the purpose of the adviser exercising the adviser's function. (3) The chief executive may approve a disclosure of confidential information to— (a) an entity prescribed under a regulation; or (b) an officer, employee or member of the entity; or (c) a stated department, person or other entity. (4) Before giving an approval for subsection (3)(c), the chief executive must— (a) give written notice of the proposed approval to each person whom the chief executive considers is likely to be affected adversely by the disclosure; and (b) give the person the opportunity to make a submission about the proposed approval within the period, of at least 14 days, stated in the notice. (5) If confidential information is disclosed to an entity or person under an approval given by the chief executive, the entity or person, and any employee or other person under the control of the entity or person, are taken to be persons to whom subsection (1) applies and to have gained the information in performing functions under this Act. (6) In this section— confidential information means information, other than information that is publicly available, about— (a) a person's personal affairs, business affairs or reputation, character, criminal history, current financial position or financial background; or (b) a person making an application under this Act. 14A Approved evaluators The Governor in Council may, under a regulation, declare an entity to be an approved evaluator for evaluating gaming equipment. 15 Delegations (1) The Minister may delegate the Minister's powers under this Act to— (a) the chief executive; or (b) an appropriately qualified inspector or an appropriately qualified officer of the department. (2) The chief executive may delegate the chief executive's powers under this Act to an appropriately qualified inspector or an appropriately qualified officer of the department. (3) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power. Example of standing— a person's classification level in the public service 15A Chief executive may make guidelines (1) The chief executive may make guidelines to inform persons about— (a) the attitude the chief executive is likely to adopt on a particular matter; or (b) how the chief executive administers this Act. (2) The chief executive must publish the guidelines on the department's website. 16 Approval of forms The chief executive may approve forms under this Act. 17 Police commissioner to notify changes in criminal history (1) This section applies if— (a) the chief executive gives the police commissioner the name of a relevant person for this section; and (b) the commissioner reasonably suspects a person who is charged with an offence is the relevant person. (2) The commissioner must notify the chief executive about the change in the person's criminal history. (3) The notice must state the following— (a) the person's name and address; (b) the person's date of birth; (c) the offence the person is charged with; (d) particulars of the offence; (e) the date of the charge. (4) The chief executive may confirm the suspicions of the police commissioner under subsection (1). (5) In this section— relevant person means— (a) a casino key employee; or (b) a casino employee; or (c) a casino operator who is an individual; or (d) an individual identified by the Minister as being associated or connected with the ownership, administration or management of the operations or business of a casino operator. Part 3 Casino licences 18 Grant of casino licences (1) Notwithstanding any other Act or law— (a) the Governor in Council may, on the recommendation of the Minister, grant casino licences; and (b) the conduct and playing of games in a casino pursuant to a casino licence, in accordance with this Act and any other applicable Act and the agreement relating to the particular licence, is lawful; and (c) the use of any gaming equipment or chips in the conduct and playing of games where such games are conducted and played in a casino pursuant to a casino licence is lawful. (2) The Governor in Council may grant a casino licence on conditions. 19 Agreement to precede grant of casino licence (1) The Governor in Council shall grant a casino licence pursuant to the Governor in Council's power to do so under section 18 where— (a) an agreement that satisfies the requirements of subsection (1A) has been entered into with the approval of the Governor in Council; and (b) those terms and conditions contained in the agreement and the provisions of this Act and any provisions of the Act ratifying the agreement to be complied with up to the time of the grant of the casino licence have been complied with. (1A) For subsection (1)(a), the agreement must— (a) be entered into by the Minister, for and on behalf of the State, and any of the following persons— (i) the casino licensee; (ii) another person whom the Governor in Council considers to be an appropriate person to be a party to the agreement with a view to the issue of a casino licence to the casino licensee; and (b) identify— (i) the casino to be the subject of the licence; or (ii) the area in which the casino to be the subject of the licence will be located; and (c) contain the terms and conditions the Governor in Council thinks appropriate. (2) The agreement shall have no force or effect unless and until it is ratified by Parliament. 20 Suitability of casino licensee and other persons (1) Prior to an agreement being entered into, the Minister shall cause to be undertaken such investigations as are necessary to satisfy the Governor in Council or shall require the casino licensee and all persons whether natural persons or not associated or connected or to be associated or connected, in the opinion of the Minister, with the ownership, administration or management of the operations or business of the casino licensee to satisfy the Governor in Council that such casino licensee and such persons as aforesaid are suitable persons to be associated or connected with the management and operations of a hotel-casino complex or casino having regard to the following matters appropriate to them respectively, that is to say— (a) that each person in question is of good repute, having regard to character, honesty and integrity; (b) that each person in question is of sound and stable financial background; (c) in the case of the casino licensee not being a natural person—that it has arranged or, as the circumstances require, has, in an appropriate case, a satisfactory ownership, trust or corporate structure; (d) that the casino licensee has or is able to obtain or, where constituted by more than 1 person, together have or are able to obtain— (i) financial resources that are adequate to ensure the financial viability of the hotel-casino complex; and (ii) the services of persons who have sufficient experience in the management and operation of a hotel-casino complex; (e) that the casino licensee has or, where constituted by more than 1 person, together have sufficient business ability to establish and maintain or to maintain, as the case may be, a successful hotel-casino complex; (f) that none of them has any business association with any person, body or association who or that, in the opinion of the Governor in Council after investigation made or caused to be made by the Minister, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial sources; (g) that each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Minister associated or connected or to be associated or connected with the ownership, administration or management of the operations or business of the casino licensee is a suitable person as or to be such director, partner, trustee, executive officer, secretary or other officer or person in the person's respective capacity; (h) such other matters with respect to which the Governor in Council determines the Governor in Council should be satisfied in the particular case. (2) Nothing contained in subsection (1) operates to require the Minister to cause investigations to be undertaken or to require the casino licensee or other persons referred to in that subsection to satisfy the Governor in Council with respect to any matter where such investigations have been undertaken or the casino licensee or any other person as aforesaid has satisfied the Governor in Council with respect to that matter pursuant to a requirement prior to the commencement of this Act. (3) If, for an investigation about a person under this section, the Minister asks the police commissioner for a written report about the person's criminal history, the commissioner must give the report to the Minister. (4) However, the report is required to contain only criminal history in the commissioner's possession or to which the commissioner has access. 21 Hotel-casino complex owner or State as licensee (1) A casino licence may be granted to a person only if the person is the owner of the freehold, or the lessee from the State, of the land used for the particular hotel-casino complex. (2) In this section— lessee, from the State, includes a person who has entered into an agreement for the grant of a lease from the State. 22 Casino licence (1) A casino licence, in the approved form, must be issued and signed by the Minister. (2) The licence shall specify— (a) the date of its issue; and (b) the name of the casino licensee; and (c) the real property or other accurate description, or the address, of the site of the hotel-casino complex; and (d) the boundaries of the casino; and (e) any conditions of the licence; and (f) such other particulars as may be prescribed. (3) If a permitted variation occurs affecting the accuracy of the matters specified in the casino licence, the casino licensee must give the licence to the Minister for endorsement of the variation on the licence. Maximum penalty—40 penalty units. (4) If the Minister is given a licence under subsection (3), the Minister must endorse the variation on the licence. (5) In this section— permitted variation, of a matter specified in a casino licence, means— (a) a variation of the matter in accordance with the agreement referred to in section 19; or (b) for a matter mentioned in subsection (2)(d), if the agreement referred to in section 19 does not provide for variation of the matter—a variation of the matter with the Minister's agreement. 23 Duration of casino licence A casino licence remains in force until it is cancelled or surrendered pursuant to this Act. 24 Lease of hotel-casino complex or of casino (1) Subject to this Act, a casino licensee may, subject to the prior approval of the Governor in Council, lease to another person— (a) the hotel-casino complex; or (b) the casino. (2) An application to lease must be made, in the approved form, by the casino licensee to the Minister and must be accompanied by— (a) a draft of the proposed lease; and (b) full details of the proposed lessee; and (c) other particulars prescribed under a regulation. (3) The Minister may require the casino licensee or the proposed lessee to supply such additional information or documents or other writings as the Minister considers necessary to enable the Minister to make a recommendation to the Governor in Council. 25 Casino management agreement (1) Subject to this Act, a casino licensee or a lessee under a casino lease may, subject to the prior approval of the Governor in Council, enter into a casino management agreement with another person for the management by that other person of— (a) the hotel-casino complex; or (b) the casino. (2) An application to enter into an agreement must be made, in the approved form, by the casino licensee or the lessee under the casino lease to the Minister and must be accompanied by— (a) a draft of the proposed agreement; and (b) full details of the other party to the proposed agreement; and (c) other particulars prescribed under a regulation. (3) The Minister may require the casino licensee, the lessee under the lease or the other party to the proposed agreement to supply such additional information or documents or other writings as the Minister considers necessary to enable the Minister to make a recommendation to the Governor in Council. 26 Suitability of lessee under a casino lease, casino operator under a casino management agreement and other persons (1) Prior to any approval by the Governor in Council of a casino lease or a casino management agreement, the Minister shall cause to be undertaken such investigations as are necessary to satisfy the Governor in Council or shall require the proposed lessee under the lease or the proposed casino operator under the agreement and all persons whether natural persons or not associated or connected or to be associated or connected, in the opinion of the Minister, with the ownership, administration or management of the operations or business of the proposed lessee or proposed casino operator to satisfy the Governor in Council that the proposed lessee or proposed casino operator and such persons as aforesaid are suitable persons to be associated or connected with the management and operations of a hotel-casino complex or casino having regard to those matters specified in section 20 with respect to a casino licensee and other persons referred to therein but subject to a reference to a hotel-casino complex being read as a reference to a casino in an applicable case and subject to such other adaptations as are necessary for the purpose of their application to such proposed lessee or proposed casino operator and other persons. (2) Nothing contained in subsection (1) operates to require the Minister to cause investigations to be undertaken or to require a proposed lessee under a casino lease or a proposed casino operator under a casino management agreement or other persons referred to in that subsection to satisfy the Governor in Council with respect to any matter where such investigations have been undertaken or a proposed lessee or proposed casino operator or any other person as aforesaid has satisfied the Governor in Council with respect to that matter pursuant to a requirement prior to the commencement of this Act. 27 Minister to make recommendation The Minister, upon a consideration of the matters material to the application, shall make a recommendation to the Governor in Council with respect to— (a) the application by the casino licensee to lease to the proposed lessee the hotel-casino complex or the casino; or (b) the application by the casino licensee or lessee under a casino lease to enter into a casino management agreement with the other party proposed for the management by that other party of the hotel-casino complex or the casino; as the case may be. 28 Determination by Governor in Council concerning approval (1) The Governor in Council, upon a consideration of the recommendation of the Minister and such other matters with respect to the application as the Governor in Council thinks fit, may— (a) approve the application; or (b) refuse the application; or (c) defer a determination pending the submission of further information. (2) Where further information is so submitted, it shall be considered by the Governor in Council together with any further recommendation the Minister may make, and upon such consideration, the Governor in Council may approve or refuse the application. (3) A determination by the Governor in Council to grant an application or to refuse an application is final and conclusive and shall not be appealed against, reviewed, quashed or in any way called in question in any court on any account whatsoever. 29 Variation of casino lease or casino management agreement (1) If in any case the parties to a casino lease or casino management agreement desire to vary its provisions, they shall make application to the Minister setting out the variations proposed and such other particulars as may be prescribed or as may be required by the Minister. (2) The Minister shall make a recommendation to the Governor in Council with respect to the application. (3) The Governor in Council, upon a consideration of the recommendation of the Minister and such other matters with respect to the application as the Governor in Council thinks fit, may— (a) approve the application; or (b) refuse the application; or (c) defer a determination pending the submission of further information; and the provisions of section 28(2) and (3) shall apply to an application under this section in all respects as they apply to an application referred to in the said section 28. (4) The parties to the casino lease or casino management agreement may vary the casino lease or casino management agreement only where and to the extent the variation is approved by the Governor in Council. 29A Notice of particular change under casino management agreement (1) This section applies if, under a casino management agreement, a person who is, or may be, the casino operator under the agreement may, from time to time— (a) stop being the casino operator; or (b) become the casino operator. (2) At least 60 days before the person is to stop being or is to become the casino operator, the relevant person for the casino management agreement must give written notice of the proposed change to the chief executive. Maximum penalty—100 penalty units. (3) In this section— relevant person means— (a) for a casino management agreement entered into by a casino licensee, or a casino licensee and a lessee under a casino lease—the casino licensee; or (b) for another casino management agreement—the lessee under a casino lease who entered into the agreement. 30 Investigations concerning continued suitability of casino licensee etc. (1) At any time and from time to time— (a) after an agreement has been entered into under section 19 and while the agreement, or the casino licence in relation to the agreement, is in force; or (b) after approval by the Governor in Council of a casino lease or casino management agreement under section 28 and while the casino lease or casino management agreement is in force; the Minister may cause to be undertaken such investigations as are necessary to satisfy the Governor in Council or Minister or may require the casino licensee, lessee under the casino lease or casino operator under the casino management agreement and all persons whether natural persons or not for the time being associated or connected or to be associated or connected, in the opinion of the Minister, with the ownership, administration or management of the operations or business of the licensee, lessee or operator to satisfy the Governor in Council or Minister that such licensee, lessee or operator and such persons as aforesaid are suitable persons to be associated or connected with the management and operations of a hotel-casino complex or casino having regard to those matters, appropriate to them respectively, specified in section 20 subject, in the case of a lessee or operator and other associated or connected persons as aforesaid in relation to such lessee or operator, to a reference to a hotel-casino complex being read as a reference to a casino in an applicable case and to such other adaptations as are necessary for the purpose of the application of those matters to such lessee or operator and other persons. (2) Without limiting the matters the Minister may have regard to in undertaking an investigation under subsection (1), the Minister may have regard to any of the following findings or reports— (a) the findings of an investigation undertaken by a State authority if the findings relate to an entity mentioned in subsection (1) or an associate of the entity; (b) the findings of an investigation conducted under a law of a State or the Commonwealth if the findings relate to an entity mentioned in subsection (1) or an associate of the entity; (c) a report prepared by an external adviser; (d) a report given to the Minister under section 90S. (3) For subsection (2), an entity is an associate for another entity if the first entity is an associated entity for the second entity under the Corporations Act, section 50AAA. (4) If, for an investigation about a person under this section, the Minister asks the police commissioner for a written report about the person's criminal history, the commissioner must give the report to the Minister. (5) However, the report is required to contain only criminal history in the commissioner's possession or to which the commissioner has access. (6) In this section— State authority means— (a) a State or the Commonwealth; or (b) an entity established under a law of a State or the Commonwealth; or (c) another entity that represents a State or the Commonwealth. 30A Duty to cooperate (1) This section applies to each of the following entities— (a) a casino licensee; (b) a lessee under a casino lease; (c) a casino operator under a casino management agreement; (d) a person who is an associate of an entity mentioned in paragraph (a), (b) or (c). (2) A duty to cooperate is the duty of an entity to— (a) comply with all reasonable requests made of the entity— (i) by the Minister, the chief executive or an inspector; and (ii) for the purpose of the Minister, chief executive or inspector administering this Act; and (b) do everything necessary to ensure that the management and casino operations of the relevant casino operator are conducted in a manner that is fair and honest. (3) The entity must comply with the duty to cooperate. Maximum penalty—160 penalty units. (4) A person is an associate of an entity mentioned in subsection (1)(a), (b) or (c) if— (a) the person— (i) holds a financial interest, or is entitled to exercise a significant power (whether directly or on behalf of another person) in the business of the entity; and (ii) because of the financial interest or significant power, may exercise significant influence over the management or operation of the business of the entity; or (b) the person holds a significant position (whether directly or on behalf of another person) in the business of the entity. (5) To remove any doubt, it is declared that the duty to cooperate does not require an entity to contravene this Act or another law. (6) In this section— 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. significant position, in relation to a business, means the position of director, manager, or another executive position or secretary of the business, however that position is designated. significant power, in relation to a business, means a 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 significant position for the business. 30B Notice of particular contraventions and breaches (1) This section applies to each of the following entities— (a) a casino licensee; (b) a lessee under a casino lease; (c) a casino operator under a casino management agreement; (d) a person who is an associate of an entity mentioned in paragraph (a), (b) or (c). (2) Subsection (3) applies if the entity believes— (a) the entity has contravened— (i) a provision of this Act; or (ii) a provision of the agreement Act for the casino licence relevant to the entity; or (iii) a direction given under this Act to the entity by the Minister or the chief executive; or (b) the entity has breached any of the following arrangements that apply to the entity— (i) an agreement mentioned in section 19; (ii) a casino management agreement; (iii) a lease, contract, agreement or arrangement approved under section 84(2). (3) The entity must give the chief executive written notice of the belief as soon as practicable after forming the belief, but no later than 5 days after forming the belief. Maximum penalty—160 penalty units. (4) A person is an associate of an entity mentioned in subsection (1)(a), (b) or (c) if— (a) the person— (i) holds a financial interest, or is entitled to exercise a significant power (whether directly or on behalf of another person) in the business of the entity; and (ii) because of the financial interest or significant power, may exercise significant influence over the management or operation of the business of the entity; or (b) the person holds a significant position (whether directly or on behalf of another person) in the business of the entity. (5) In this section— 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. significant position, in relation to a business, means the position of director, manager, or another executive position or secretary of the business, however that position is designated. significant power, in relation to a business, means a 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 significant position for the business. 30C Requiring information from particular entities (1) This section applies to an entity that may be investigated under section 30(1). (2) The Minister or chief executive may, by written notice (an information requirement) given to the entity, require the entity to— (a) give the Minister or chief executive stated information; or (b) enable the Minister or chief executive to examine a document, take extracts from a document or copy a document. (3) However, subsection (2) is limited to information or documents the Minister or chief executive reasonably requires to administer this Act. (4) An entity given an information requirement must comply with the requirement, as stated in the requirement. Maximum penalty—160 penalty units. (5) An entity is not excused from complying with an information requirement on the ground that the information is the subject of legal professional privilege. (6) Information does not cease to be the subject of legal professional privilege only because it is given to the Minister or chief executive in accordance with an information requirement. 30D Giving false or misleading information to the Minister or chief executive (1) This section applies to each of the following entities— (a) a casino licensee; (b) a lessee under a casino lease; (c) a casino operator under a casino management agreement; (d) another entity given an information requirement under section 30C(2). (2) The entity must not, in relation to the administration of this Act, give the Minister or chief executive information the entity knows, or ought reasonably to know, is false or misleading in a material particular. Maximum penalty—160 penalty units. (3) Subsection (2) does not apply to an entity if the entity, when giving information in a document— (a) tells the Minister or chief executive, to the best of the entity's ability, how the document is false or misleading; and (b) if the entity has, or can reasonably obtain, the correct information—gives the correct information. (4) To remove any doubt, it is declared that subsection (2) applies to information regardless of whether or not the information was given in response to the exercise of a power under this Act. (5) This section does not apply to information to which section 107(b) or (c) or 110(f) apply. Note— Offences about giving false or misleading information in relation to information mentioned in subsection (5) are provided for in the provisions mentioned in that subsection. 31 Disciplinary action (1) A ground for taking disciplinary action against a casino entity arises if any of the following happens— (a) the entity contravenes a provision of this Act; (b) the entity is convicted of an indictable offence punishable by imprisonment for 12 months or more regardless of whether— (i) the offence is also punishable by a fine, in addition to or as an alternative to the punishment by imprisonment; or (ii) the conviction is recorded; (c) the entity contravenes a condition of the relevant casino licence the entity is required to comply with; (d) the entity fails to comply with any term or condition of the agreement as referred to in section 19 pursuant to which the relevant casino licence was granted, which term or condition is binding on the entity; (e) the entity or any director, partner, trustee, executive officer, secretary or other officer or person determined by the Minister associated or connected with the ownership, administration or management of the entity's operations or business is not or ceases to be at any time whilst the relevant casino licence is in force a suitable person to be so associated or connected as aforesaid having regard to those matters specified in section 20 or 26 applicable to the person; (f) because of an investigation carried out or a review carried out under part 9, division 3B, the Governor in Council or Minister is not satisfied that— (i) the entity is a suitable person to be associated or connected with the management and operations of a hotel-casino complex or casino; or (ii) a person, associated or connected with the ownership, administration or management of the operations or business of the entity is a suitable person to be associated or connected with the management and operations of a hotel-casino complex or casino; (g) the entity fails to comply with a written direction given to the entity by the Minister or chief executive under this Act and— (i) the entity is required under this Act to comply with the direction; and (ii) the Minister believes the failure to comply with direction may jeopardise the integrity of the operation of the casino or adversely affect the interests of the public; (h) the entity is required under this Act to give information to the Minister, the chief executive or an inspector and gives information that is, to the entity's knowledge, false or incorrect; (i) the entity fails to discharge financial commitments, becomes bankrupt or compounds with creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy or is the subject of a winding up, either voluntarily or pursuant to court order, appointment of a liquidator, appointment of a receiver or receiver and manager or is placed under official management and an official manager appointed pursuant to the provisions of the Corporations Act or corresponding legislation of the Commonwealth or of any other State or of any Territory. (2) Also, a ground for taking disciplinary action against a casino licensee arises if the land used for the hotel-casino complex ceases to be held by the licensee in freehold or under a lease from the State, other than because of an assignment referred to in section 32. (3) If the Minister believes a ground has arisen for taking disciplinary action against a casino entity and the initiating incident is likely to be sufficiently addressed only by taking disciplinary action against the entity, the Minister must— (a) give a show cause notice to the casino entity and to each other casino entity for the same casino licence; and (b) give a copy of the show cause notice to any other person who, in the Minister's opinion, has an interest in the casino licence. (4) However, if the Minister is satisfied the initiating incident may be sufficiently addressed by a letter of censure, the Minister may give the casino entity a letter of censure censuring the entity for the incident without taking further action under this section. (5) A show cause notice for taking disciplinary action against a casino entity is a written notice that— (a) states each of the grounds giving rise to the disciplinary action; and (b) describes the initiating incident for the disciplinary action; and (c) states that the entity must show cause as to why the disciplinary action should not be taken (a response); and (d) states that the response must be made in writing and given to the Minister; and (e) states the last day, not earlier than 21 days after the notice is given to the entity, by which a response may be given to the Minister (a response period). (6) A person given a copy of a show cause notice under subsection (3)(b) may make a written submission to the Minister about the matters stated in the notice before the end of the response period for the notice. (7) If the Minister gives a casino entity a show cause notice, the Minister— (a) must consider— (i) all responses to the notice made before the end of the response period; and (ii) if the Minister gives a person a copy of the notice under subsection (3)(b)—all submissions for the notice properly made under subsection (6); and (b) may consider a response or submission mentioned in paragraph (a) that the Minister received after the end of the response period for the relevant show cause notice. (7A) The show cause process for taking disciplinary action against a casino entity for an initiating incident concludes if— (a) the Minister finishes considering— (i) the responses and submissions the Minister must consider under subsection (7)(a); and (ii) the responses and submissions the Minister did consider under subsection (7)(b); or (b) the Minister has not received any responses or submissions the Minister must consider under subsection (7)(a) and the Minister did not consider any other responses or submissions under subsection (7)(b). (8) If, at the conclusion of the show cause process, the Minister considers taking disciplinary action against a casino entity for the relevant initiating incident is not warranted, the Minister must take no further disciplinary action against the entity for the incident. (9) If, at the conclusion of the show cause process, the Minister considers taking disciplinary action against a casino entity for the relevant initiating incident is warranted, the Minister must decide to— (a) take 1 or more of the following actions— (i) give a letter of censure to the entity censuring the entity in relation to any matter connected with the incident; (ii) give the entity a written direction the Minister considers appropriate to ensure any matter connected with the incident is rectified within the period stated in the direction; (iii) direct the entity to pay to the State a pecuniary penalty of not more than $5m before a stated date; or (b) recommend the Governor in Council take 1 or more of the following actions— (i) the relevant casino licence be cancelled or suspended; (ii) the casino lease or casino management agreement for the relevant casino licence be suspended or terminated; (iii) the entity pay to the State a pecuniary penalty of not more than $100m; (iv) a special manager be appointed for the entity. (10) If the Minister makes a recommendation to the Governor in Council under subsection (9)(b), the Minister must give the Governor in Council— (a) a copy of each show cause notice relevant to the recommendation; and (b) all responses and submissions, relevant to the recommendation, that the Minister considered under subsection (7). (11) If the Minister makes a recommendation to the Governor in Council under subsection (9)(b) and gives the Governor in Council the documents required under subsection (10), the Governor in Council must consider the recommendation and the documents. (12) After considering a recommendation about taking disciplinary action against a casino entity for an initiating incident, and the documents required to be considered under subsection (11), the Governor in Council must decide to— (a) take no further disciplinary action against the entity for the incident; or (b) take 1 or more of the following actions— (i) cause a letter of censure to be given to the entity censuring the entity in relation to any matter connected with the incident; (ii) give, or cause to be given, to the entity a written direction that the Governor in Council considers appropriate to ensure that any matter connected with the incident is rectified within a period stated in the direction; (iii) unless a receiver and manager has been appointed pursuant to section 32, appoint an administrator subject to the terms and conditions decided by the Governor in Council; (iv) order the entity to pay to the State a pecuniary penalty of not more than $100m before a stated date; (v) take action under subsection (15), if the Governor in Council is satisfied of the circumstances mentioned in that subsection for the relevant casino licence, casino lease or casino management agreement; (vi) appoint a special manager for the entity. (13) A letter of censure issued under this section— (a) becomes a permanent part of the records of the department about a casino entity; and (b) may be published on the department's website. (14) An administrator appointed by the Governor in Council pursuant to subsection (12)(b)(iii) shall— (a) assume full control of and responsibility for the business of the casino licensee in respect of the hotel-casino complex for the casino; (b) conduct or cause to be conducted casino operations in accordance with this Act. (14A) The appointment as administrator shall be determined by the appointment of a receiver and manager or an assignment of the casino licence pursuant to section 32. (15) Notwithstanding any other provision of this Act, the Governor in Council, if the Governor in Council considers in the Governor in Council's absolute discretion that the circumstances are so extraordinary that it is imperative in the public interest to do so, may cancel the casino licence or suspend it for such period as the Governor in Council thinks fit or direct the suspension or termination of the casino lease or casino management agreement. (16) A decision by the Governor in Council to cancel or suspend a casino licence— (a) shall be effective on and from a date and time of day determined by the Governor in Council; and (b) in the case of suspension of a casino licence—shall be for such period as the Governor in Council thinks fit; and (c) shall be notified in writing by the Minister to the casino licensee and, where there is also a lessee or casino operator as aforesaid, to such lessee or casino operator. (16A) Subsections (16B) and (16C) apply if— (a) the Governor in Council decides under subsection (12) to take any of the following disciplinary action against a casino entity— (i) suspend or cancel a casino licence; (ii) direct the suspension or termination of a casino lease; (iii) direct the suspension or termination of a casino management agreement; and (b) a special manager is appointed for the casino entity. (16B) Before the suspension, cancellation or termination takes effect, the Governor in Council may, on the recommendation of the Minister, take the following action by giving written notice of the action to the casino entity— (a) change the day the suspension, cancellation or termination takes effect; (b) if the Governor in Council is satisfied the suspension, cancellation or termination is no longer required because of the remediation of the management and operations of the entity—rescind the suspension, cancellation or termination to stop it taking effect. (16C) Before making a recommendation mentioned in subsection (16B), the Minister must— (a) consult the special manager about the proposed recommendation; and (b) have regard to the implementation of the casino entity's plan for the remediation of the management and operations of the entity. (17) If a casino licence, casino lease or casino management agreement is suspended under this section, the Governor in Council, after first considering a recommendation by the Minister relating to the matter, may at any time cancel the balance of the period of suspension still to run or reduce the period of suspension still to run by a period stipulated by the Governor in Council. (18) A suspension of a casino licence shall, while it remains in force, have the same effect as a cancellation of such licence without prejudice to any penal or other liability actually incurred by the casino licensee, a lessee under a casino lease or a casino operator under a casino management agreement or to the exercise of the powers of the Minister, the chief executive or any inspector under this Act. (19) The Governor in Council's direction referred to in subsection (15) shall be given in writing to the parties to the lease or agreement and shall specify a date on which the lease or agreement is suspended or terminated under this Act if not sooner terminated. (20) The lease or agreement, if not sooner terminated by the parties thereto, is suspended or terminated by force of this Act on the date specified in the direction in that behalf. (21) The suspension or termination of the lease or agreement by force of this Act does not affect the rights and obligations of the parties thereto up to the time of such suspension or termination. (22) No liability for breach of the lease or agreement attaches to any party thereto by reason only of its termination by force of this Act. (22A) In fixing the amount of a pecuniary penalty to be imposed on a casino entity under this section the Governor in Council or Minister— (a) must consider the following matters— (i) the nature and extent of the initiating incident; (ii) whether the initiating incident undermines the objects of this Act; (iii) any loss or damage caused to the State or the public by the initiating incident; (iv) whether any disciplinary action has been taken against the entity before; (v) the seriousness of the grounds for taking the disciplinary action; and (b) may consider any other matter the Governor in Council or Minister considers relevant. (22B) The amount of a pecuniary penalty imposed on a casino entity under this section is a debt payable by the entity to the State. (22C) To remove any doubt, it is declared that the cancellation or suspension of a casino licence, or suspension or termination of a casino lease or casino management agreement, does not relieve a casino entity of an obligation to pay a pecuniary penalty imposed under this section. (23) A decision by the Governor in Council made under this section is final and conclusive and shall not be appealed against, reviewed, quashed or in any way called in question in any court on any account whatsoever. (24) This section applies despite the Corporations Act. (24A) In this section— casino entity means— (a) a casino licensee; (b) the lessee under a casino lease; (c) the casino operator under a casino management agreement. initiating incident, in relation to disciplinary action, means the act or omission that forms the basis of the grounds for taking the disciplinary action. 31A Costs for disciplinary action (1) This section applies if any of the following disciplinary action is taken against a casino entity under section 31— (a) a letter of censure is issued to the entity under section 31(9)(a)(i) or (12)(b)(i) censuring the entity; (b) the entity is given a direction under section 31(9)(a)(ii) or (12)(b)(ii); (c) an administrator is appointed under section 31(12)(b)(iii); (d) the casino licence for the entity is cancelled or suspended under section 31(15); (e) the casino lease, or casino management agreement, for the entity is directed to be suspended or terminated under section 31(15); (f) a pecuniary penalty is imposed under section 31(9)(a)(iii) or (12)(b)(iv); (g) the Governor in Council decides, under section 31(12)(b)(vi), to appoint a special manager for the entity. (2) The chief executive may recover from the casino entity the reasonable costs and expenses incurred by the department in assisting the Minister or Governor in Council doing any of the following tasks as a debt payable by the entity to the State— (a) preparing for and taking the disciplinary action against the entity, including, for example— (i) investigating whether a ground for the disciplinary action arose under section 31(1); or (ii) obtaining legal advice about a matter relating to the disciplinary action; or (iii) engaging a suitably qualified person to advise on a matter relating to the disciplinary action; (b) considering responses and submissions made under section 31 as part of a show cause process; (c) considering responses and submissions made about a recommendation of the Minister under section 31. (3) Before recovering the reasonable costs and expenses from a casino entity under subsection (2), the chief executive must give the entity a written notice stating— (a) the amount of the costs and expenses; and (b) how the amount was calculated; and (c) when the amount must be paid to the chief executive. (4) If the casino entity does not comply with the written notice given to the entity under subsection (3) within the period required by the notice, the Minister may recommend to the Governor in Council that— (a) for a notice given to a casino licensee—the casino licence be suspended or cancelled; or (b) for a notice given to a lessee under a casino lease—the casino lease be terminated; or (c) for a notice given to a casino operator under a casino management agreement—the agreement be terminated. (5) However, if the Minister proposes to make a recommendation about a casino entity under subsection (4), the Minister must first give the entity written notice stating— (a) the proposed recommendation; and (b) the entity may make a submission to the Minister as to why the Minister should not make the proposed recommendation; and (c) the date by which the entity must make a submission mentioned in paragraph (b). (6) The Minister must consider all submissions properly made about the proposed recommendation under subsection (5) and decide to either— (a) take no further action about the recommendation; or (b) make the recommendation to the Governor in Council. (7) The Governor in Council may, after considering the recommendation and all submissions properly made to the Minister about the recommendation, decide to— (a) take no further action about the matter; or (b) take action under section 31(15) as if the recommendation made by the Minister were a recommendation about taking disciplinary action against a casino entity under section 31. (8) For taking the action mentioned in subsection (7)(b)— (a) the casino entity not complying with the written notice given to the entity under subsection (3) is taken to be circumstances so extraordinary that it is imperative in the public interest to take the action; and (b) section 31(16) to (22), (22C) and (23) applies to taking the action. (9) However, if the action taken under section 31(15) is the suspension of a casino licence, the suspension ends if the casino entity pays to the chief executive the costs and expenses as stated in the written notice given to the entity under subsection (3). (10) In this section— casino entity means any of the following— (a) a casino licensee; (b) a lessee under a casino lease; (c) a casino operator under a casino management agreement. 32 Mortgage and assignment of casino licence etc. (1) A casino licensee shall not mortgage, charge or otherwise encumber— (a) the casino licence; or (b) the hotel-casino complex to which the casino licence relates; or (c) the rights and benefits under the agreement in question as referred to in section 19; save with the prior consent of the Minister so to do to a person approved by the Minister (the mortgagee). (2) Where the mortgagee wishes to enforce the mortgagee's security under the mortgage, charge or other encumbrance pursuant to the mortgagee's rights thereunder— (a) the casino licence and the rights, benefits and obligations under the relevant agreement shall be assigned only to a person approved by the Governor in Council; and (b) any receiver and manager appointed shall be a person approved by the Governor in Council; having regard to the provisions of subsection (5). (2A) For the purpose of giving effect to the provisions of subsection (5), the name of a proposed receiver and manager may be submitted to the Minister at any time. (3) As a condition precedent to the approval by the Governor in Council referred to in subsection (2)(a), the Governor in Council may require that a further agreement in writing be entered into between— (a) the Minister for and on behalf of the State and the proposed assignee; or (b) the Minister for and on behalf of the State and some other person whom the Governor in Council considers to be the appropriate person to be a party to the agreement with a view to the assignment of the casino licence to the proposed assignee; containing such terms and conditions with respect to the assignment and the proposed assignee as the Governor in Council thinks fit. (4) Any such further agreement shall have no force or effect unless and until it is ratified by Parliament. (5) Prior to any approval by the Governor in Council pursuant to subsection (2), the Minister shall cause to be undertaken such investigations as are necessary to satisfy the Governor in Council or shall require the proposed person and all persons whether natural persons or not associated or connected or to be associated or connected, in the opinion of the Minister, with the ownership, administration or management of the operations or business of the proposed person to satisfy the Governor in Council that such proposed person and such persons as aforesaid are suitable persons to be associated or connected with the management and operations of a hotel-casino complex or casino having regard to the matters appropriate to them respectively that are set out in section 20(1)(a) to (g), subject to such adaptations of those paragraphs as are necessary for the purpose of their application to such proposed person and other persons as aforesaid, and having regard to such other matters with respect to which the Governor in Council determines the Governor in Council should be satisfied in the particular case. (5A) A reference in subsection (5) to a proposed person is a reference to a proposed assignee or a proposed receiver and manager, as the case requires. (6) Upon a casino licence being assigned, the assignee is the casino licensee in respect of the casino licence in question, and the Minister shall cause the licence to be amended to show the name of the assignee, the date of the assignment and such other particulars as may be prescribed, and the licence shall be made available to the Minister for the purpose of amendment accordingly. (7) A decision by the Governor in Council to approve or not to approve of a person pursuant to subsection (2) is final and conclusive and shall not be appealed against, reviewed, quashed or in any way called in question in any court on any account whatsoever. 33 Surrender of casino licence (1) The Governor in Council, subject to this section, may accept the surrender of a casino licence. (2) Application for acceptance of surrender shall be made in writing by the casino licensee to the Minister and shall set out in detail the grounds on which it is made. (3) Upon a consideration of the application and the grounds on which it is made, the Minister shall make a recommendation to the Governor in Council to accept or not to accept the surrender. (4) The Governor in Council may decide to accept the surrender or not to accept it after taking into consideration the recommendation of the Minister, but the Governor in Council shall not accept the surrender unless the Governor in Council is satisfied that there are circumstances existing in which the continued operation of the casino is not in the best interest of the casino licensee or of the public. Part 4 Licensing of employees of casinos Division 1 Preliminary 34 Unlicensed persons not to be casino key employees or casino employees (1) A person shall not work as or be a casino key employee or a casino employee unless— (a) in the case of a casino key employee—the person is the holder of a casino key employee licence and in the case of a casino employee the person is the holder of a casino employee licence; and (b) the person is 18 years or more; and (c) the person is employed in the type of work specified in the licence. Maximum penalty—200 penalty units. (2) A person shall not employ or cause or suffer to be employed in a casino as a casino key employee or a casino employee any person— (a) who in the case of employment as a casino key employee is not the holder of a casino key employee licence and in the case of employment as a casino employee is not the holder of a casino employee licence; or (b) who is under 18 years; or (c) unless the person employs or causes or suffers to be employed that person in the type of work specified in the casino key employee licence or the casino employee licence of which that person is the holder. Maximum penalty—400 penalty units. (3) A person shall not allocate or cause or suffer to be allocated to a casino key employee or a casino employee any type of work in a casino that is a type of work other than the type of work specified in the licence of that employee. Maximum penalty—400 penalty units. Division 2 Obtaining casino key employee and casino employee licences 35 Application for licence (1) An application for a casino key employee licence or a casino employee licence must— (a) be in the approved form; and (b) be accompanied by the fee prescribed under a regulation; and (c) specify from the prescribed list the type of work proposed to be performed by the applicant as a licensee; and (d) contain or be accompanied by the prescribed information and particulars with respect to the applicant; and (e) be accompanied by such other records, reports, documents and writings relating to the applicant as may be prescribed; and (f) be forwarded to or lodged with the chief executive; and (g) be accompanied by a certificate in the approved form certifying that the applicant has successfully completed a training course or is otherwise qualified by experience, stated in the certificate, appropriate to the type of work specified under paragraph (c). (1A) However, where such a training course has not been completed at the time of the making of the application and the successful completion of the training course is to be relied on by the applicant, the application may be supported by a certificate as aforesaid forwarded to the chief executive upon the successful completion of the training course provided the certificate is so forwarded within the time prescribed for the forwarding of a supporting certificate in the circumstances or, if a time is not prescribed, within a time approved by the chief executive. 35A Further information or documents to support application (1) The chief executive may, by written notice given to the applicant, require the applicant to give the chief executive further information or a document about the application within the reasonable time stated in the notice. (2) The requirement must relate to information or a document that is necessary and reasonable to help the chief executive decide the application. 36 Requirement to apply for casino key employee licence in certain cases (1) If the chief executive reasonably believes a person is a casino key employee for a casino operator and is not the holder of a casino key employee licence, the chief executive must, by written notice given to the person, require the person to apply for a casino key employee licence within 7 days after receiving the notice. (1A) The person must comply with the requirement within 7 days after receiving the notice, unless the person has a reasonable excuse. Maximum penalty—200 penalty units. (2) The chief executive must cause a copy of the notice to be served on the casino operator in question. (3) Where the person required pursuant to subsection (1) to apply for a casino key employee licence fails to do so within the time stipulated in that subsection, the chief executive must cause a notification in writing of such failure to be served on the casino operator in question, and the casino operator shall on such notification being served on the casino operator terminate the association or employment of that person with the casino notwithstanding the provisions of any other Act or law or of any industrial award or agreement. Maximum penalty—400 penalty units. (4) If the chief executive refuses to grant a casino key employee licence applied for under this section— (a) the applicant shall on receipt of notification of such refusal cease to be associated with or an employee of t