Western Australia: Casino Control Act 1984 (WA)

Western Australia Casino Control Act 1984 Western Australia Casino Control Act 1984 Contents Part I — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 Part II — Administration 9. Commission's staff for casinos 1 10. Protection from liability 1 11. Chief Casino Officer may delegate 1 13. Disclosure of certain information authorised 1 14. Funds available for administering this Act 1 15. Unclaimed winnings 1 Part III — Casino complex agreement 18. Terms used 1 19. Minister may enter into agreement with respect to construction and establishment of casino complex 1 19A. Notice to be given of proposal to exercise power under s. 19B(1) 1 19B. Close associate of public company may be required to dispose of shares etc. 1 20. Casino gaming licence fees and taxes 1 20A. Late payment of licence fee or tax, penalty for 1 20B. Recovery of, and liability for, licence fees, taxes and penalties 1 Part IV — Casino gaming licence 21. Applications for and grant of casino gaming licences 1 21A. Investigations etc., Commission's powers as to 1 21B. Report etc. under s. 21A, Minister's powers on receiving 1 21C. Termination of casino complex agreement, Minister may revoke licence on 1 21D. Casino gaming licence may be surrendered 1 21E. Suspension or revocation of licence, administrator may be appointed 1 21F. Casino licensee's powers to mortgage, sell, assign etc. its licence, premises etc. 1 Part IVA — Remediation of management and operation of Burswood Casino Division 1 — Preliminary 21G. Purpose of Part 1 21H. Terms used 1 21I. Remediation period 1 Division 2 — Independent Monitor 21J. Appointment 1 21K. Functions 1 21L. Powers 1 21M. Delegation 1 Division 3 — Remediation plans 21N. Approval of remediation plan 1 21O. Independent Monitor may give directions about remediation plan 1 21P. Reports by Independent Monitor 1 21Q. Use of Independent Monitor's reports 1 21R. Publishing Independent Monitor's reports 1 Division 4 — Monitoring powers 21S. Powers to obtain information 1 21T. Independent Monitor may give directions about obtaining information 1 21U. Powers of and on entry 1 21V. Attendance at board meetings 1 21W. Compliance with requirements under s. 21S, 21T or 21U 1 21X. Offences 1 Division 5 — Miscellaneous 21Y. Protection of information 1 21Z. Information sharing 1 21ZA. Cost recovery 1 21ZB. Interest on unpaid amounts 1 21ZC. Recovery of unpaid amounts 1 21ZD. Minister may direct Commission in relation to Burswood Casino and Royal Commission 1 21ZE. Notices and directions under this Part 1 21ZF. Prohibition on Independent Monitor, staff and agents gaming at Burswood Casino 1 21ZG. Use of Department's staff and facilities 1 21ZH. ID cards for Independent Monitor and staff 1 Part V — Control of casino 22. Authorised games, rules of games 1 23. Authorised games, miscellaneous provisions about 1 24. Gaming operations at casino, Commission may direct licensee as to 1 24A. Approved manuals 1 24B. Approved manuals — offences 1 25. Records of gaming operations etc. 1 25A. Junkets and junket operators, regulations about 1 26. Banning people from casinos 1 26A. Ban under s. 26, review of 1 27. Children not permitted in casinos except in some cases 1 27A. Proof of age may be required 1 28. Entry powers to licensed casinos of police and others 1 29. Casino gaming licence may contain conditions about casino staff 1 Part VA — Controlled contracts 29A. Terms used 1 29B. Prerequisites for controlled contracts 1 29C. Commission may require controlled contract to be terminated 1 29D. Effect of termination under s. 29C 1 29E. Parties not to give further effect to terminated contract 1 Part VI — General 30. Fraudulent etc. practices in casinos or gaming operations 1 30A. Suspicious matter reports under AML/CTF Act (Cwlth) 1 31. Forging, personation etc. in casinos 1 32. Suspected offenders may be detained until police attend 1 33. Contravention of directions 1 36. Prosecutions, institution of, evidence in etc. 1 37. Regulations 1 Part 7 — Transitional provisions for Gambling Legislation Amendment Act 2024 38. Term used: commencement day 1 39. Casino Manuals 1 40. Suspicious matter reports under AML/CTF Act (Cwlth) 1 Schedule 2 — Matters in respect of which Governor may make regulations Notes Compilation table 1 Other notes 1 Defined terms Western Australia Casino Control Act 1984 An Act to provide for the establishment of a casino in Western Australia, for licensing the operator of the casino and for the control of gaming operations therein and for matters incidental to or connected therewith. Part I — Preliminary 1. Short title This Act may be cited as the Casino Control Act 1984. 2. Commencement This Act shall come into operation on a day to be fixed by proclamation. 3. Terms used (1) In this Act, unless the contrary intention appears — administrator means administrator appointed under section 21E(1) or (2); authorised game means game declared by the Commission under section 22 to be an authorised game for the purposes of this Act; books includes any register or other record of information and accounts or accounting records, however compiled, recorded or stored, and also any document; casino means area in which games are conducted and played and in which money counting, surveillance, storage and other activities related to the conduct and playing of games are carried on, in accordance with a casino gaming licence granted under section 21; casino complex, subject to any order made under section 21F(1b), means area — (a) in which a casino and an hotel and other amenities or premises are established, or intended to be established, to an international standard; and (b) which is the subject of a casino complex agreement, and includes any casino or hotel or other amenities or premises established in that area; casino complex agreement means agreement entered into by the Minister with a public company under section 19(1); casino employee means person employed or working in a licensed casino whose duties or responsibilities relate to or are in support of the licensed casino, but does not include — (a) casino key employee; or (b) person or member of a class of persons prescribed for the purpose of this paragraph; casino gaming licence means casino gaming licence granted under section 21; casino key employee means person — (a) employed or working in a licensed casino in a managerial capacity or empowered to make decisions, involving the exercise of his discretion, that regulate the operation of a licensed casino; or (b) who the Commission determines in the public interest by reason of his influence, remuneration or function, should be designated as such; casino licensee means holder, or person deemed to be the holder, of a casino gaming licence; CEO means the chief executive officer of the Department; Chief Casino Officer means the Chief Casino Officer appointed within the meaning of section 9(1); Commission means the Gaming and Wagering Commission established under the Gaming and Wagering Commission Act 1987; common gaming house has the meaning attributed by section 41 of the Gaming and Wagering Commission Act 1987; Department means the department of the Public Service assisting the Minister in the administration of this Act; game means — (a) game of chance or pretended game of chance; or (b) game or pretended game which includes a degree of chance, whether or not combined with a skill or degree of skill and whether or not played manually or by means of — (c) any electrical, electronic or mechanical contrivance or machine that is constructed or adapted for use in a game or pretended game referred to in paragraph (a) or (b); or (d) any other instrument of gaming; gaming operations, in relation to a casino, means — (a) the conduct and playing of games in the casino; or (b) the management, supervision or surveillance of the conduct and playing of games in the casino; or (c) money counting, accounting or advertising in relation to the conduct and playing of games in the casino; or (d) the use of storage areas in relation to the conduct and playing of games in the casino; or (e) any other activities incidental to or connected with — (i) the conduct and playing of games in the casino; or (ii) the provision of facilities or services in relation to the conduct and playing of games in the casino; government inspector means a government inspector appointed for the purposes of section 9(1); licensed casino means casino in respect of which a casino gaming licence is, or is deemed to be, in force; management and operation, of a casino, means the organisation, management, control and use of the casino, including — (a) the organisation, management and control of the gaming operations of the casino; and (b) the organisation, management and control of operations (whether of the casino licensee or not) that relate to the gaming operations of the casino; mortgagee means person in whose favour a mortgage, charge or other encumbrance is created under section 21F(1); public company means public company within the meaning of the Corporations Act 2001 of the Commonwealth; public interest means public interest having regard to the creation and maintenance of public confidence and trust in the credibility, integrity and stability of licensed casino gaming operations. (2) In this Act the terms condition, conduct, gaming, gaming equipment, instruments of gaming, machine, possession, token and winnings shall be given the respective meanings assigned to those terms in the Gaming and Wagering Commission Act 1987. (3) A reference in this Act to an officer of the Commission shall be deemed to include a reference to the Chief Casino Officer, any government inspector or other officer appointed pursuant to section 9, and any other authorised officer within the meaning of the Gaming and Wagering Commission Act 1987. (4) This Act and subsidiary legislation under this Act are, for the purposes of the Gaming and Wagering Commission Act 1987, a written law relating to gaming. [Section 3 amended: No. 10 of 1985 s. 23; No. 29 of 1985 s. 8; No. 64 of 1985 s. 2; No. 44 of 1987 s. 11; No. 74 of 1987 s. 12; No. 57 of 1997 s. 28(1); No. 24 of 1998 s. 4; No. 10 of 2001 s. 220; No. 35 of 2003 s. 171(2) and (3); No. 53 of 2024 s. 28.] Part II — Administration [4. Deleted: No. 24 of 1998 s. 5.] [4A‑8. Deleted: No. 74 of 1987 s. 14.] 9. Commission's staff for casinos (1) There shall be appointed under and subject to Part 3 of the Public Sector Management Act 1994 a Chief Casino Officer and such government inspectors and other officers, either full time or part time, as, having regard to the staff and facilities otherwise available to the Commission, are necessary to provide the administrative and other services in relation to casinos required by a casino complex agreement, this Act, the Gaming and Wagering Commission Act 1987 or any other Act. (2) In so far as such matters are not otherwise provided for under the Gaming and Wagering Commission Act 1987 the Commission shall, subject to the approval of the Minister — (a) employ temporary or casual employees; and (b) engage under contracts for services professional or technical or other assistance, for the purposes, and to provide the services, referred to in subsection (1). (3) An officer of the Commission has and may exercise such powers, and shall perform such functions and duties, as are conferred or imposed on him by or under this Act or any other Act or a casino complex agreement. [Section 9 inserted: No. 64 of 1985 s. 3; amended: No. 74 of 1987 s. 15; No. 32 of 1994 s. 3(2); No. 24 of 1998 s. 6(1); No. 35 of 2003 s. 171(3).] 10. Protection from liability (1) An action in tort does not lie against a person for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act or any other written law relating to gaming or a casino complex agreement. (2) If this section provides that an action does not lie against a person for doing anything, the Commission and the Crown are also relieved of any liability that either of them might otherwise have for the doing of the thing by the person. (3) The protection given by this section applies even though the thing done in the performance or purported performance of a function under this Act or any other Act or a casino complex agreement may have been capable of being done whether or not, as the case requires — (a) this Act or any other Act had been enacted; or (b) the casino complex agreement had been entered into. (4) In this section — (a) a reference to the doing of anything includes a reference to the omission to do anything; and (b) a reference to the performance of a function includes a reference to the performance of a duty and the exercise of a power. [Section 10 inserted: No. 24 of 1998 s. 7; amended: No. 32 of 2022 s. 4.] 11. Chief Casino Officer may delegate (1) The Chief Casino Officer may with the approval of the Commission, by instrument in writing, delegate to another officer of the Commission the exercise or performance of any of the powers, functions or duties of the Chief Casino Officer under this Act or any other Act or a casino complex agreement, other than — (a) this power of delegation; or (b) a power or duty of the Commission delegated to the Chief Casino Officer under section 16 of the Gaming and Wagering Commission Act 1987. (2) A delegation may be general or as otherwise provided by the instrument of delegation. [Section 11 inserted: No. 24 of 1998 s. 7; amended: No. 35 of 2003 s. 171(3).] [12. Deleted: No. 24 of 1998 s. 8.] 13. Disclosure of certain information authorised For the purposes of section 20(3) of the Gaming and Wagering Commission Act 1987 — (a) the communication of information concerning the affairs of another person to another regulatory body established, in Australia or elsewhere, in relation to the administration or control of gaming or betting or for law enforcement purposes; or (b) the provision of statistical data relating to the operations of a casino, subject to the agreement of the casino licensee; or (c) compliance with a request by any person, in relation to the affairs of that person relating to gaming, may, when authorised by the Chief Casino Officer or the Commission, be taken to be a function performed in connection with that Act. [Section 13 inserted: No. 74 of 1987 s. 17; amended: No. 57 of 1997 s. 28(2); No. 24 of 1998 s. 9; No. 35 of 2003 s. 171(3).] 14. Funds available for administering this Act (1) The funds available for the administration of this Act consist of — (a) moneys from time to time appropriated by Parliament; and (aa) casino gaming licence fees paid under section 20; and (b) all other moneys lawfully received by, made available to or payable to the Commission or to the Casino Control Committee as constituted prior to the coming into operation of section 4 of the Gaming and Wagering Commission Act 1987. (2) The funds referred to in subsection (1) shall be, as the case requires — (a) credited to the account referred to in section 9(2)(a) of the Gaming and Wagering Commission Act 1987; or (b) paid into and placed to the credit of the account referred to in section 9(2)(b) of that Act. [Section 14 amended: No. 10 of 1985 s. 27; No. 74 of 1987 s. 18; No. 49 of 1996 s. 64; No. 24 of 1998 s. 10; No. 35 of 2003 s. 171(3).] 15. Unclaimed winnings (1) If any winnings — (a) greater than the prescribed amount; or (b) in a form other than money and with a value greater than the prescribed amount, are payable from the conduct and playing of gaming operations at a licensed casino and are not claimed within 12 months after the right to be paid them first arises (unclaimed winnings), the casino licensee shall notify the Commission in writing, when directed by the Commission to do so, of — (c) details of the unclaimed winnings; and (d) the name and address, if known, of the person entitled to be paid the unclaimed winnings (the winner); and (e) details of any steps taken by the casino licensee to find and contact the winner. (2) On being notified of unclaimed winnings under subsection (1), the Commission may give directions to the casino licensee to take specified steps, or specified additional steps, to find and contact the winner. (3) If, on the expiry of 2 months — (a) after the Commission is notified under subsection (1); or (b) if directions are given under subsection (2), after those directions are given, the unclaimed winnings have not been claimed — (c) the right of the winner to be paid those winnings is extinguished; and (d) subject to subsection (4), the unclaimed winnings shall be dealt with under section 109C of the Gaming and Wagering Commission Act 1987. (4) The Commission may give directions to the casino licensee as to the disposal of any unclaimed winnings where — (a) the right of the winner to be paid the winnings has been extinguished under subsection (3); and (b) the winnings are in a form other than money, and any proceeds of that disposal shall be taken to be unclaimed winnings to be dealt with under section 109C of the Gaming and Wagering Commission Act 1987. (5) It is a condition of a casino gaming licence that the casino licensee complies with any direction given to the casino licensee under this section. (6) In this section — unclaimed winnings includes any stake hazarded or bet placed that is repayable with the unclaimed winnings. [Section 15 inserted: No. 24 of 1998 s. 11(1); amended: No. 35 of 2003 s. 171(3).] [16. Deleted: No. 74 of 1987 s. 19.] [17. Deleted: No. 98 of 1985 s. 3.] Part III — Casino complex agreement [Heading amended: No. 10 of 1985 s. 28.] 18. Terms used (1) For the purposes of this Part, a person is a close associate of a public company with which the Minister has entered into, or is proposing to enter into, a casino complex agreement if the person — (a) holds any relevant financial interest in, or is entitled to exercise any relevant power with respect to, the public company, whether in the person's own right or on behalf of any other person, and by virtue of that interest or power is or will be able, in the opinion of the Commission, to exercise a significant influence over or with respect to the organization and conduct of the gaming operations of the licensed casino with which the casino complex agreement is concerned; or (b) holds any relevant position, whether in the person's own right or on behalf of any other person, in the public company. (2) In this section — relevant financial interest means — (a) any share in the capital of the public company; or (b) any entitlement to receive any income derived from the public company; relevant position means the position of director, manager or other executive position or secretary, however that position is designated; relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others — (a) to participate in any directorial, managerial or executive decision; or (b) to elect or appoint any person to any relevant position. [Section 18 inserted: No. 24 of 1998 s. 12.] 19. Minister may enter into agreement with respect to construction and establishment of casino complex (1) Subject to this section, the Minister acting for and on behalf of the State and its instrumentalities may enter into an agreement with a public company, whether acting on its own behalf or as a trustee or in any other capacity, with respect to the construction and establishment of a new casino complex in the State, and may in such an agreement undertake not to approve under section 21(3) during a period specified in that agreement of an application for a casino gaming licence made by a person other than a party to that agreement. (1a) The Commission shall, before the Minister enters into a casino complex agreement with a public company, carry out such investigations as it considers necessary or desirable for the purposes of that casino complex agreement and for the purposes of satisfying itself that the public company, and each close associate of the public company, is a suitable person to be concerned in or associated with the organization and conduct of the gaming operations of a licensed casino. (2) Without limiting the matters that may be investigated by the Commission under subsection (1a), investigations made under that subsection shall include such investigations as the Commission considers necessary or desirable to inform itself of — (a) the reputation and financial status of the public company and each close associate of the public company, and the financial status or proposed financial status and the structure of any trust or proposed trust of which the public company, or a close associate of the public company, is or may become the promoter or founder or trustee; and (b) the reputation, financial status, and capacity to be concerned in or associated with the organization and conduct of the gaming operations of a licensed casino, of — (i) each natural person; and (ii) each director or other member of the governing body of, and each principal officer of, a body corporate, intended by the public company, or believed by the Commission, to be concerned in or associated with the organization and conduct of the gaming operations of the licensed casino with which the casino complex agreement is concerned; and (c) such other matters as may be prescribed. (2a) The public company and the natural persons, directors or other members of a governing body, and principal officers, referred to in subsection (2) shall provide the Commission with such information and books — (a) as the Commission requires for the purposes of an investigation carried out under that subsection; and (b) as they are able to provide. (2b) After having informed itself of the matters referred to in subsection (2), the Commission shall submit a report on those matters and on any other matters it considers relevant, together with its recommendations thereon, to the Minister. (3) A casino complex agreement is not enforceable by any party thereto unless and until it has been ratified by an Act, and no action or other proceedings may be brought in relation to a casino complex agreement until it has been so ratified. (4) A casino complex agreement shall not confer the right on any party thereto, or on a person referred to therein, to conduct games at the premises of the casino to which the casino complex agreement relates until a casino gaming licence is granted to that party and then only in accordance with the casino gaming licence. (5) A casino complex agreement may be amended or terminated in accordance with its provisions. [Section 19 amended: No. 10 of 1985 s. 29; No. 74 of 1987 s. 20; No. 24 of 1998 s. 13.] 19A. Notice to be given of proposal to exercise power under s. 19B(1) (1) If the Minister is of the opinion that the power conferred on the Minister under section 19B(1) should be exercised in respect of a person, the Minister shall cause to be served on the person and on any other person who is considered by the Minister to be likely to be affected by the exercise of that power a notice in writing — (a) specifying the reasons for the Minister's opinion and that the Minister proposes to exercise the power; and (b) requiring each person served with the notice to show cause in writing within a period of 14 days after the date of that service why that power should not be exercised. (2) A person served with a notice under subsection (1) may, within the period referred to in that subsection, serve on the Minister submissions in writing showing cause why the power conferred on the Minister under section 19B(1) should not be exercised. (3) After receiving and considering any submissions served under subsection (2) within the period referred to in subsection (1) or, if no submission is so served, within a period of 21 days after having caused the relevant notice, or the later or last of the relevant notices, as the case requires, to be served under subsection (1), the Minister may exercise the power conferred on the Minister under section 19B(1). [Section 19A inserted: No. 24 of 1998 s. 14.] 19B. Close associate of public company may be required to dispose of shares etc. (1) If the Minister determines, on the advice of the Commission, that a person that is a close associate of a public company — (a) with which the Minister has entered into a casino complex agreement; or (b) that is a casino licensee, is not, or is no longer, a suitable person to be concerned in or associated with the gaming operations of a licensed casino, the Minister may cause to be served on the person a notice in writing requiring the person to dispose of any shares, units or other interest, as specified in the notice and within the period so specified, by virtue of which the person is a close associate of the public company. (2) A person served with a notice under subsection (1) shall comply with the notice. Penalty for this subsection: a fine of $100 000. (3) A report of a determination by the Minister under subsection (1) shall be included in the annual report submitted by the accountable authority of the Commission under Part 5 of the Financial Management Act 2006. [Section 19B inserted: No. 24 of 1998 s. 14; amended: No. 77 of 2006 Sch. 1 cl. 20; No. 53 of 2024 s. 41.] 20. Casino gaming licence fees and taxes (1) A public company entering into a casino complex agreement with the Minister shall undertake in the casino complex agreement to pay, on becoming a casino licensee — (a) to the Commission a casino gaming licence fee in an amount; and (b) to the Treasurer a tax at a rate, specified in the casino complex agreement at times specified therein. (2) A casino complex agreement may provide — (a) for the joint review by the Minister and any other party to the casino complex agreement at intervals specified in the casino complex agreement of the amount of the casino gaming licence fee, and of the rate of the tax, referred to in subsection (1); or (b) in lieu of a review referred to in paragraph (a), for a variation in the amount or rate referred to in paragraph (a) in accordance with the casino complex agreement. [Section 20 inserted: No. 10 of 1985 s. 30; amended: No. 74 of 1987 s. 20.] 20A. Late payment of licence fee or tax, penalty for (1) There shall be charged and become due and payable forthwith to — (a) the Commission on the amount of any casino gaming licence fee; or (b) the Treasurer on the amount of any tax, referred to in section 20 remaining unpaid after the day on which it becomes due and payable a daily penalty at the rate of 20% per annum. (2) The Commission may, for any reason it thinks sufficient, remit any penalty or part thereof payable on the amount of any casino gaming licence fee under this section. (3) The Treasurer may, for any reason he thinks sufficient, remit any penalty or part thereof payable on the amount of any tax under this section. [Section 20A inserted: No. 10 of 1985 s. 30; amended: No. 74 of 1987 s. 20.] 20B. Recovery of, and liability for, licence fees, taxes and penalties (1) Casino gaming licence fees — (a) specified in a casino complex agreement; or (b) imposed as a consequence of a review or variation to which section 20(2) refers, and any penalty calculated pursuant to section 20A in respect of such a fee, shall be deemed to be payable to the Commission. (2) A casino tax — (a) at the rate specified in a casino complex agreement; or (b) imposed as a consequence of a review or variation to which section 20(2) refers, and any penalty calculated pursuant to section 20A in respect of such a tax, shall be payable to the Treasurer. (3) The casino licensee, or where the circumstances require an administrator appointed under section 21E, is liable for all casino gaming licence fees, taxes and penalties due and payable under this Act or the relevant casino complex agreement. (4) In any court of competent jurisdiction there may be recovered — (a) by the Commission, any casino gaming licence fee or penalty in respect of that fee; or (b) by the Treasurer, any casino tax or penalty in respect of that tax, which remains unpaid, as being a debt due. (5) Where an amount is payable under this section, but by reason of a failure to keep or to produce or furnish to the Commission or other proper person any books or things required under this Act, or to take or permit to be taken any other step which is required or permitted to be taken, or by reason of the books or things kept, produced or furnished being materially incomplete or inaccurate, the Commission or that other person is unable to ascertain the amount properly payable, the Commission may estimate the amount payable and (without prejudice to the recovery of the full amount payable or to the making of a further estimate under this subsection) the amount estimated shall be recoverable as an amount properly payable and not paid unless in any action relating thereto the person liable proves the amount properly payable and that amount is less than the amount estimated. (6) For the purpose of any action in a court of competent jurisdiction to recover an amount under this section as a debt due a certificate signed by a member of the Commission stating the circumstances and provision under which the amount became payable and certifying the amount alleged or, where subsection (5) applies, estimated to be payable and that the amount has not been paid is evidence that the amount so specified is payable in accordance with this Act and has not been paid. [Section 20B inserted: No. 10 of 1985 s. 30; amended: No. 29 of 1985 s. 10; No. 74 of 1987 s. 21.] Part IV — Casino gaming licence 21. Applications for and grant of casino gaming licences (1) A public company which is a party to a casino complex agreement and wishes to obtain a casino gaming licence in respect of the relevant casino (in this section called the applicant) may lodge with the Commission its application for that casino gaming licence, together with — (a) an application fee of $5 000 or such other amount as is prescribed; and (b) such information relating to — (i) that application; and (ii) the question whether or not the applicant has complied with the preliminary requirements, as is prescribed and as the Commission requires; and (c) if the Commission so requires, the consent in writing of any person who is — (i) believed by the Commission; or (ii) known to the applicant, to be associated with the applicant in some way to the obtaining by the Commission of such information concerning the background of that person as the Commission requires. (2) On receiving an application made under subsection (1), the Commission shall — (a) carry out such investigations as it considers necessary or desirable to inform itself whether or not the applicant has complied with the preliminary requirements; and (b) submit a copy of that application, together with its opinion on whether or not the applicant has complied with the preliminary requirements, to the Minister. (3) On receiving a copy of an application and the opinion of the Commission submitted to him under subsection (2) or resubmitted to him under subsection (4)(b), the Minister shall — (a) subject to an undertaking referred to in section 19(1) and if the applicant has complied with the preliminary requirements, approve of that application subject to such conditions as are set out in the casino complex agreement and to such additional conditions, if any, as are agreed between the Minister and the applicant; or (b) if the applicant has not complied with the preliminary requirements but will in the opinion of the Minister be able to comply with them within such period as the Minister considers reasonable, defer consideration of that application for that period; or (c) if the applicant has not complied with the preliminary requirements and will not in the opinion of the Minister be able to comply with them within such period as the Minister considers reasonable, refuse to consider that application, and shall advise the Commission accordingly. (4) On being advised by the Minister under subsection (3), the Commission shall — (a) if the Minister approves of the application concerned, grant to the applicant the casino gaming licence concerned, subject to the same conditions as those to which that approval is subject, and specify those conditions in that casino gaming licence; or (b) if the Minister defers consideration of the application concerned for a period, resubmit that application, together with its opinion on whether or not the applicant has complied with the preliminary requirements, to him at the conclusion of the period; or (c) if the Minister refuses to approve of the application concerned, refuse to grant that application, and shall advise the applicant accordingly. (4a) Subject to subsection (4b), the Commission may with the approval of the Minister by notice published in the Gazette — (a) fix the area to which a casino gaming licence relates; or (b) alter an area fixed under this subsection. (4b) The Commission shall not, without the consent of the relevant casino licensee, reduce under subsection (4a) the area to which a casino gaming licence relates. (4c) Without limiting subsection (4a), the area to which a casino gaming licence relates may be fixed or altered under that subsection for specified purposes relating to the conduct and playing of one or more specified authorised games in one or more specified areas of the relevant casino complex. (5) A casino gaming licence remains in force until it is suspended or revoked under section 21B(3) or 21C or surrendered under section 21D. (6) In this section — preliminary requirements means those provisions of the relevant casino complex agreement with which the applicant is required by that casino complex agreement to comply before a casino gaming licence can be granted to the applicant in respect of the casino concerned; specified, in relation to a notice under subsection (4a), means specified in the notice. [Section 21 inserted: No. 10 of 1985 s. 31; amended: No. 29 of 1985 s. 11; No. 44 of 1987 s. 12; No. 74 of 1987 s. 22; No. 24 of 1998 s. 15.] 21A. Investigations etc., Commission's powers as to (1) The Commission, and any member or officer of the Commission as though he were an authorised officer concerned under the Gaming and Wagering Commission Act 1987 with the supervision of permitted gaming and the enforcement of that Act, has and may exercise in relation to — (a) any party to, or any manager or other person, trust, premises or property the subject of, a casino complex agreement; and (b) any thing that the Commission or that member or officer has reasonable cause to believe relates to, or may be likely to affect, a person or matter referred to in paragraph (a); and (c) the organization, management, operation and use of a casino complex including the gaming operations and related accounting, audit and security procedures in, and amenities or facilities ancillary to, the casino comprised in the casino complex, like powers to those conferred on the Commission or an authorised officer, as the case may be, under the Gaming and Wagering Commission Act 1987 in relation to gaming or betting under that Act, and persons, premises or things relating to gaming or betting. (2) Without prejudice to the generality of subsection (1), the Commission or a member, or an officer of the Commission, may in particular — (a) by notice in writing or, if the urgent or otherwise special nature of the circumstances makes it necessary, by notice given orally, require any casino key employee or casino employee, or any other person associated with operations in the casino complex or its management or who has in his possession or under his control any gaming equipment, instruments of gaming, or books related to the operation of a casino complex or otherwise relevant to the administration of this Act to — (i) produce for inspection on behalf of the Commission any such gaming equipment, instruments of gaming or books; and (ii) attend before the Commission, or that officer, at a specified time and place and then and there to answer any questions, or provide information, with respect to any such gaming equipment or instruments of gaming, any such books or any entries therein, or operations in or in relation to the casino complex or gaming; and (b) enter, and remain in, any part of a casino complex, scrutinize and inquire into any gaming or betting conducted there, and inspect, or require to be examined and tested on behalf of the Commission, any gaming equipment, instruments of gaming, or books, and take notes in relation thereto or copies of or extracts from any such books, require the withdrawal from use of unsatisfactory gaming equipment or the destruction of unsatisfactory instruments of gaming, and, where he deems it necessary, search for, seize and retain potential evidence for production in possible subsequent proceedings in accordance with section 31 of the Gaming and Wagering Commission Act 1987; and (c) receive, investigate and deal with complaints from casino patrons with respect to any aspect of the operations of a casino, and advise any patron of the result of the complaint; and (d) exercise any other prescribed function, and a requirement made pursuant to this section shall for the purposes of the Gaming and Wagering Commission Act 1987 be deemed to be a requirement of the Commission and shall be enforceable as though made in relation to permitted gaming. (3) Where a member of the Police Force or other person acts in aid of an officer authorised under subsection (2) and at the request of that officer, he is deemed whilst so acting also to have, and to be authorised to exercise, the powers conferred by subsection (2). (4) Where the Commission thinks fit, the Commission may report to the Minister and make recommendations as to any action that the Commission considers should be taken under section 21B. (5) Where it appears to the Minister that it is in the public interest that an inquiry be carried out into the affairs, or into particular affairs, of a casino or related matters the Minister may, in writing, direct the Commission to arrange the inquiry and a report on the findings of the inquiry. (6) Related matters that may be made the subject of an inquiry include — (a) gaming or betting, whether in the casino or elsewhere; and (b) suspected corruption; and (c) the persons concerned in the management or operation of the casino complex, and their relationship with other persons, or a class of persons which includes other persons, who, in the opinion of the Minister, are associated with them or could affect or be in a position to exercise direct or indirect control over the carrying out of any function in, or in relation to, the casino; and (d) whether or not it is in the public interest that a casino licence, or a casino complex agreement, remain in force. (7) A direction given under subsection (5) — (a) shall specify the affairs or matters to be the subject of the inquiry; and (b) may require the inquiry to be carried out by a person appointed by the Minister. (8) Where the Commission is directed under subsection (5) to arrange for an inquiry, the Commission shall cause to be published in the Gazette a notice — (a) specifying the affairs or matters concerned; and (b) stating the name of the person carrying out the inquiry. (9) For the purposes of an inquiry carried out at the direction of the Minister under subsection (5), the person carrying out the inquiry has the powers of a Royal Commission and the chairman of a Royal Commission, whether under the Royal Commissions Act 1968 or otherwise, and the provisions of that Act have effect as if they were enacted in this Act with any necessary changes and in terms made applicable to the inquiry by that person. [Section 21A inserted: No. 74 of 1987 s. 23; amended: No. 73 of 1994 s. 4; No. 24 of 1998 s. 16; No. 35 of 2003 s. 171(3).] 21B. Report etc. under s. 21A, Minister's powers on receiving (1) On receiving a report and recommendations made under section 21A(4) or as a result of an inquiry carried out pursuant to a direction given under section 21A(5), the Minister shall, if he is of the opinion that he should exercise any of the powers conferred on him by subsection (3) in respect of the licensed casino concerned, cause to be served on the casino licensee of that licensed casino and on any other person who is considered by the Minister to be likely to be affected by the exercise of that power a notice in writing — (a) specifying the reasons for his opinion and which of those powers he proposes to exercise; and (b) requiring that casino licensee and any other such person to show cause in writing within a period of 14 days after the date of that service why the power specified in that notice should not be exercised. (2) A person on whom a notice has been served under subsection (1) shall within the period of 14 days after the date of that service serve on the Minister a submission in writing showing cause why the power specified in that notice should not be exercised. (3) After receiving and considering each submission served on him under subsection (2) within the period referred to in that subsection or, if no submission is so served, within a period of 21 days after having caused the relevant notice, or the later or last of the relevant notices, as the case requires, to be served under subsection (1), the Minister may, subject to subsection (4) and if he considers it in the public interest to do so — (aa) serve a letter of censure on the casino licensee concerned; or (a) with the prior approval of the Governor, suspend for such period as he thinks fit, or revoke, the casino gaming licence of the casino licensee concerned; or (b) serve notice of termination on the parties to any agreement (other than a casino complex agreement) relating to the management or operation of the casino complex concerned or any part thereof, including the premises of the licensed casino concerned, to which agreement the casino licensee concerned is a party, whereupon that agreement is by force of this subsection terminated; or (c) with the prior approval of the Governor, order the casino licensee concerned to pay a monetary penalty fixed by the Minister but not exceeding $100 million. (4) The Minister shall not exercise a power conferred on him by subsection (3) unless that power was specified in the relevant notice served under subsection (1). (5) The Minister may recover a penalty imposed under subsection (3)(c) in a court of competent jurisdiction as a debt due by the casino licensee concerned to the Crown. (6) A certificate signed by the Minister specifying the amount of a penalty imposed under subsection (3)(c) and that the amount has not been paid is evidence that the amount so specified is payable in accordance with this Act and has not been paid. [Section 21B inserted: No. 10 of 1985 s. 31; amended: No. 74 of 1987 s. 24; No. 24 of 1998 s. 17; No. 32 of 2022 s. 5.] 21C. Termination of casino complex agreement, Minister may revoke licence on When a casino complex agreement is terminated, the Minister may, with the prior approval of the Governor, revoke any casino gaming licence granted to a party to the casino complex agreement. [Section 21C inserted: No. 10 of 1985 s. 31.] 21D. Casino gaming licence may be surrendered (1) A casino licensee may apply in writing to the Commission to surrender its casino gaming licence. (2) An application made under subsection (1) shall set out in detail the grounds on which it is made. (3) After considering an application made under subsection (1) and the grounds on which it is made, the Commission may — (a) if it is satisfied that there are circumstances existing in which the continued operation of the licensed casino to which that application relates is neither in the best interests of the applicant nor in the public interest, grant that application; or (b) refuse that application. [Section 21D inserted: No. 10 of 1985 s. 31; amended: No. 74 of 1987 s. 25.] 21E. Suspension or revocation of licence, administrator may be appointed (1) Subject to this section, when a casino gaming licence held by a party to a casino complex agreement is — (a) under section 21B(3)(a) suspended for a period of not less than 90 days, the Minister shall within a period of 7 days of the day of receipt by him of a request from the specified person; or (b) under section 21B(3)(a) or 21C revoked, the Minister shall within a period of 7 days of the day of that revocation, appoint a person nominated by the specified person and approved by the Commission to be the administrator of the casino concerned. (2) Subject to this section, the Minister may on the recommendation of the Commission and shall if the specified person so requests terminate the appointment of an administrator appointed under this section and shall, if he does so and the specified person so requests, appoint on the recommendation of the Commission another person nominated by the specified person to be the administrator of the casino concerned in lieu of the administrator whose appointment is terminated. (3) An administrator shall operate the licensed casino concerned as the agent of the specified person or as otherwise provided in — (a) the relevant mortgage, charge or other encumbrance; or (b) any other relevant agreement approved by the Minister. (4) An administrator shall while he holds office as such be deemed to be the holder of a casino gaming licence in respect of the premises of the casino concerned subject to — (a) the same conditions (with any necessary modifications) as those to which the casino gaming licence suspended or revoked under section 21B(3)(a) or 21C is or was subject; and (b) any other conditions imposed by the Minister from time to time on the recommendation of the Commission. (5) The Commission may at the request of the specified person approve a person for the purpose of subsection (1) or (2) in advance of his appointment under that subsection. (6) Subject to subsection (3), an administrator — (a) may exercise any of the powers, and shall perform all the functions and duties, and has all the obligations, conferred or imposed on a casino licensee by or under this Act or any other Act and any relevant casino complex agreement; and (b) has, subject to paragraph (a), all the powers necessary or desirable for the efficient operation of the licensed casino concerned; and (c) ceases to hold office when — (i) his appointment is terminated under subsection (2); or (ii) in the case of the suspension of a casino gaming licence under section 21B(3)(a), that suspension ends. (7) In this section — specified person means — (a) a mortgagee or, if there is more than one mortgagee, the mortgagee having priority over the other mortgagee or mortgagees; or (b) if there is at the relevant time no mortgagee, a person specified for the purposes of this definition in an agreement approved by the Minister; or (c) if there is at the relevant time neither a mortgagee nor a person specified within the meaning of paragraph (b), the owner of the casino complex concerned. [Section 21E inserted: No. 10 of 1985 s. 31; amended: No. 29 of 1985 s. 12; No. 74 of 1987 s. 25.] 21F. Casino licensee's powers to mortgage, sell, assign etc. its licence, premises etc. (1) A casino licensee may create a mortgage, charge or other encumbrance over — (a) its casino gaming licence; or (b) the whole or any part of the premises of the casino complex concerned, including the premises of the licensed casino to which its casino gaming licence relates; or (c) its rights and benefits under the relevant casino complex agreement, with the prior consent of, and in favour of a person approved by, the Minister on the recommendation of the Commission and not otherwise. (1a) A casino licensee shall not dispose of any part of the relevant casino complex to another person unless the other person is approved by the Minister on the recommendation of the Commission. (1b) The Minister may, on the disposition of part of a casino complex to a person approved under subsection (1a) — (a) release the relevant casino licensee from its obligations under the relevant casino complex agreement in respect of that part; and (b) by order declare that — (i) the relevant casino complex agreement does not apply to that part; and (ii) that part ceases to form part of the casino complex, which order has effect according to its tenor. (1c) An order made under subsection (1b) is subsidiary legislation within the meaning of the Interpretation Act 1984. (2) A casino licensee shall not assign its casino gaming licence or any rights, benefits or obligations under the relevant casino complex agreement to another person unless the other person is approved by the Minister on the recommendation of the Commission. (3) An administrator shall not assign any rights, benefits or obligations under the relevant casino complex agreement, if any, to another person unless the other person is approved by the Minister on the recommendation of the Commission. (4) If a mortgagee wishes to enforce his security under a mortgage, charge or other encumbrance — (a) any receiver appointed thereunder shall be; and (b) the casino gaming licence concerned and any rights, benefits or obligations under a casino complex agreement shall be assigned only to, a person approved by the Minister on the recommendation of the Commission. (5) The Minister may at the request of a mortgagee approve a receiver for the purpose of subsection (4)(a) in advance of his appointment under the relevant mortgage, charge or other encumbrance. (6) The Minister may refuse to approve a person (in this subsection called the proposed assignee) for the purpose of subsection (2), (3) or (4)(b) until — (a) the proposed assignee enters into an agreement with the Minister; and, additionally or alternatively, (b) another person with whom the Minister considers that he should enter into an agreement in connection with the assignment of a casino gaming licence to the proposed assignee (in this subsection called the proposed assignment) enters into such an agreement with the Minister, containing such terms and conditions with respect to the proposed assignment and the proposed assignee as the Minister approves on the recommendation of the Commission. (7) A mortgage, charge or other encumbrance or any disposition or any assignment referred to in this section or any sale or lease made by the mortgagee or assignor or administrator shall be invalid unless approved beforehand by the Minister on the recommendation of the Commission. (8) In this section — dispose of includes dispose of any estate or interest by sale, assignment, transfer, lease or licence; receiver means receiver or receiver and manager, according to the nature of the appointment concerned. [Section 21F inserted: No. 10 of 1985 s. 31; amended: No. 44 of 1987 s. 13; No. 74 of 1987 s. 25.] Part IVA — Remediation of management and operation of Burswood Casino [Heading inserted: No. 32 of 2022 s. 6.] Division 1 — Preliminary [Heading inserted: No. 32 of 2022 s. 6.] 21G. Purpose of Part (1) The primary purpose of this Part is to provide a legislative framework for the remediation of the management and operation of the Burswood Casino outlined in the final report of the Perth Casino Royal Commission. (2) The framework includes that — (a) there be monitoring of and reporting on the remediation by an independent monitor; and (b) the reporting inform the Commission's advice to the Minister, and the Minister's decision, as to whether any action should be taken under section 21B in relation to the Burswood Casino. [Section 21G inserted: No. 32 of 2022 s. 6.] 21H. Terms used (1) In this Part — Burswood Casino has the meaning given in the Burswood Island Agreement clause 2; Burswood Casino licensee means the holder of the casino gaming licence for the Burswood Casino; Burswood Island Agreement means Agreement as defined in the Casino (Burswood Island) Agreement Act 1985 section 3; final report of the Perth Casino Royal Commission means the report of the Perth Casino Royal Commission dated 4 March 2022; Independent Monitor means the person holding the office of Independent Monitor under section 21J; management and operation of the Burswood Casino means the organisation, management, control and use of the Burswood Casino, including — (a) the organisation, management and control of the gaming operations of the Burswood Casino; and (b) the organisation, management and control of operations (whether of the Burswood Casino licensee or not) that relate to the gaming operations of the Burswood Casino; member of the Independent Monitor's staff means a person whose services are made available under section 21ZG(1); Perth Casino Royal Commission means the Royal Commission to inquire into and report on the affairs of the Crown Casino Perth and related matters established by commission dated 5 March 2021 and published in the Gazette on 12 March 2021; relevant person, in relation to the Burswood Casino licensee, means — (a) a person responsible for the management and operation of the Burswood Casino; and (b) a person concerned in or associated with the management and operation of the Burswood Casino, including a casino key employee or casino employee; and (c) an Approved Company as defined in the Burswood Island Agreement clause 2; and (d) a close associate (as defined in section 18) of the Burswood Casino licensee; and (e) a related body corporate (as defined in the Corporations Act 2001 (Commonwealth) section 9) of the Burswood Casino licensee or of a person referred to in paragraph (a), (b), (c) or (d); remediation period has the meaning given in section 21I; remediation plan means the plan for the remediation of the management and operation of the Burswood Casino approved by the Independent Monitor under section 21N and, where relevant, includes a stage of the plan so approved; specified, in relation to an instrument, direction, notice or other document under this Part, means specified in that document. (2) In this Part, a reference to a claim of confidence or privilege in relation to information is a reference to a claim that — (a) the information is subject to a duty of confidence or secrecy; or (b) the information is the subject of legal professional privilege; or (c) disclosure of the information might tend to incriminate the person making the claim or make them liable to a penalty. [Section 21H inserted: No. 32 of 2022 s. 6; amended: No. 53 of 2024 s. 29.] 21I. Remediation period (1) The remediation period is — (a) the 2‑year period commencing on the day on which the Casino Legislation Amendment (Burswood Casino) Act 2022 section 6 comes into operation; or (b) that period as extended under subsection (2). (2) The Minister may extend the remediation period, whether or not it has expired and as many times as the Minister considers is necessary. (3) Notice of extension of the remediation period must be — (a) given to the Burswood Casino licensee; and (b) published on the Department's website. [Section 21I inserted: No. 32 of 2022 s. 6.] Division 2 — Independent Monitor [Heading inserted: No. 32 of 2022 s. 6.] 21J. Appointment (1) An office called the Independent Monitor is established. (2) The Minister may appoint an individual to the office. (3) The Independent Monitor holds office on the terms and conditions of appointment determined by the Minister. (4) The Independent Monitor is entitled to the remuneration determined by the Minister on the recommendation of the Public Sector Commissioner. (5) The Independent Monitor holds office for the term specified in the instrument of appointment and is eligible for reappointment. (6) The Independent Monitor may resign from office by notice in writing given to the Minister. [Section 21J inserted: No. 32 of 2022 s. 6.] 21K. Functions (1) The functions of the Independent Monitor are — (a) to consult on and advise in relation to the content and preparation of a plan for the remediation of the management and operation of the Burswood Casino; (b) to assess and approve a proposed remediation plan and amendments to the remediation plan; (c) to monitor and report on progress in the preparation and approval of the remediation plan and amendments to it; (d) to monitor and report on the suitability and efficacy of the remediation plan; (e) to monitor and report on the implementation of the remediation plan; (f) to monitor and report on the efficacy of the remediation of the management and operation of the Burswood Casino; (g) the other functions of the Independent Monitor under this Part; (h) any other function of the Independent Monitor specified in the Independent Monitor's instrument of appointment. (2) A function specified under subsection (1)(h) cannot be inconsistent with this Part. [Section 21K inserted: No. 32 of 2022 s. 6.] 21L. Powers The Independent Monitor has all of the powers necessary to perform their functions. [Section 21L inserted: No. 32 of 2022 s. 6.] 21M. Delegation (1) The Independent Monitor may delegate to a member of the Independent Monitor's staff any power or duty of the Independent Monitor under another provision of this Part. (2) The delegation must be in writing signed by the Independent Monitor. (3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. (4) A person exercising or performing a power or duty that has been delegated to the person under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown. (5) Nothing in this section limits the ability of the Independent Monitor to perform a function through an officer or agent. [Section 21M inserted: No. 32 of 2022 s. 6.] Division 3 — Remediation plans [Heading inserted: No. 32 of 2022 s. 6.] 21N. Approval of remediation plan (1) The Independent Monitor may approve a proposed remediation plan submitted to the Independent Monitor by the Burswood Casino licensee if satisfied that implementation of the plan is likely to achieve, or assist in achieving, the remediation of the management and operation of the Burswood Casino outlined in the final report of the Perth Casino Royal Commission. (2) The remediation plan may be prepared and approved in stages. (3) The Independent Monitor may approve amendments to the remediation plan that are submitted to the Independent Monitor by the Burswood Casino licensee if satisfied as described in subsection (1) in relation to the plan as it would be amended. (4) Once approved, the Independent Monitor must give copies of the remediation plan and any amendments to the Minister and the Commission. [Section 21N inserted: No. 32 of 2022 s. 6.] 21O. Independent Monitor may give directions about remediation plan (1) The Independent Monitor may give directions to the Burswood Casino licensee relating to the performance of the Independent Monitor's functions under section 21K(1)(a) and (b). Note for this subsection: Section 33(1) requires that the licensee comply with the direction. (2) Without limiting subsection (1), the Independent Monitor may, in a direction, do 1 or more of the following — (a) require the Burswood Casino licensee to submit to the Independent Monitor a proposed remediation plan or an amendment to the remediation plan; (b) require that the plan or amendment cover specified matters, including in a specified way; (c) require that the plan or amendment be submitted on or before a specified day. [Section 21O inserted: No. 32 of 2022 s. 6.] 21P. Reports by Independent Monitor (1) During the remediation period the Independent Monitor must give an interim report to the Minister and the Commission — (a) at least every 3 months; and (b) as requested by the Minister. (2) An interim report must, where relevant, cover — (a) progress in the preparation and approval of the remediation plan; and (b) the suitability and efficacy of the remediation plan; and (c) implementation of the remediation plan; and (d) the efficacy of the remediation of the management and operation of the Burswood Casino; and (e) the number and nature of directions given under section 21O or 21T; and (f) the extent of cooperation with the Independent Monitor, in the performance of the Independent Monitor's functions, by the Burswood Casino licensee and any other relevant person; and (g) any other related matter the Minister requests be covered by the report; and (h) any other matter that the Independent Monitor considers relevant. (3) At the end of the remediation period the Independent Monitor must give a final report to the Minister and the Commission. (4) The final report must cover — (a) the suitability and efficacy of the remediation plan over the course of the remediation period; and (b) implementation of the remediation plan; and (c) the efficacy of the remediation of the management and operation of the Burswood Casino; and (d) the number and nature of directions given under section 21O or 21T; and (e) the extent of cooperation with the Independent Monitor, in the performance of the Independent Monitor's functions, by the Burswood Casino licensee and any other relevant person; and (f) any other related matter the Minister requests be covered by the report; and (g) any other matter that the Independent Monitor considers relevant. [Section 21P inserted: No. 32 of 2022 s. 6.] 21Q. Use of Independent Monitor's reports (1) On receiving a report of the Independent Monitor under section 21P, the Commission may, and must on receiving the final report, report to the Minister and make recommendations as to any action that the Commission considers should be taken under section 21B. (2) In making a report and recommendations to the Minister under subsection (1), the Commission is not limited to the matters covered by the Independent Monitor's report or bound by any opinion in it. (3) A report and recommendations made under subsection (1) are, for the purposes of section 21B, taken to be a report and recommendations made under section 21A(4). (4) Nothing in this section or Part prevents the Commission from using information in a report under section 21P for the performance of its other functions under this Act or any other written law relating to gaming. [Section 21Q inserted: No. 32 of 2022 s. 6.] 21R. Publishing Independent Monitor's reports (1) The Minister may direct that a report of the Independent Monitor under section 21P be published on the Department's website. (2) A report that includes information in respect of which there is a claim, in good faith, of confidence or privilege must not be published under this section unless the information is redacted. [Section 21R inserted: No. 32 of 2022 s. 6.] Division 4 — Monitoring powers [Heading inserted: No. 32 of 2022 s. 6.] 21S. Powers to obtain information (1) In this section — relevant information means information that, in the Independent Monitor's opinion, is or is likely to be relevant to the performance of the Independent Monitor's functions; relevant record means a record that, in the Independent Monitor's opinion, is or is likely to include relevant information (however compiled, recorded or stored). (2) For the purposes of the performance of the Independent Monitor's functions, the Independent Monitor may require the Burswood Casino licensee or any other relevant person, by notice given to the person, to do 1 or more of the following — (a) give the Independent Monitor a statement signed by the person or, if the person is a body corporate, by an officer of the body corporate, containing the specified relevant information; (b) give to the Independent Monitor the specified relevant records; (c) procure, and give to the Independent Monitor, a report prepared by an independent person on a specified matter relating to the management and operation of the Burswood Casino. (3) A notice under subsection (2) must specify the time and manner for giving the information, records or report. (4) A person given a notice under subsection (2) must comply with it. [Section 21S inserted: No. 32 of 2022 s. 6.] 21T. Independent Monitor may give directions about obtaining information (1) If a person given a notice under section 21S(2) does not comply with the notice, the Independent Monitor may give the person a direction requiring them to comply with the notice within a specified time. Note for this subsection: Section 33(1) requires that the person comply with the direction. (2) The Independent Monitor may give the direction despite any claim of confidence or privilege. Note for this subsection: See section 21W(1) in relation to legal professional privilege. (3) The direction may modify a requirement in the notice, including by