CASINO ACT 1997 TABLE OF PROVISIONS PART 1--Preliminary 1. Short title 2A. Object 3. Interpretation 4. Close associates PART 2--Licensing of casino Division 1--Grant of licence 5. Grant of licence 6. Casino premises 7. Restriction on number of licences Division 2--Authority conferred by licence 8. Authority conferred by licence Division 3--Term and renewal of licence 9. Term and renewal of licence Division 4--Conditions of licence 10. Conditions of licence Division 5--Transfer of licence 11. Transfer of licence Division 6--Dealings affecting casino licence 12. Dealing with licence and associated business assets 13. Dealings affecting casino business 14. Other transactions under which outsiders may acquire control or influence 14A. Approval or ratification of transactions to which this Division applies Division 7--Surrender of licence 15. Surrender of licence Division 8--Agreement with licensee 16. Approved licensing agreement 17. Casino duty agreement 18. Agreements to be tabled in Parliament PART 3--Applications for grant or transfer of licence Division 1--Eligibility to apply 19. Eligibility of applicants Division 2--Making of applications 20. Applications Division 3--The Authority's recommendation 21. Suitability of applicant for grant, renewal or transfer of the casino licence Division 4--Investigations by the Authority 22. Investigations 23. Investigative powers 24. Results of investigation Division 5--Costs of investigation 25. Costs of investigation Division 6--Governor not bound by Authority's recommendation 26. Governor not bound PART 4--Operation of casino Division 1--Opening hours 27. Opening hours Division 2--Approval of management and staff 28. Classification of offices and positions 29. Obligations of the licensee 30. Applications for approval 31. Decision on application 32. Suspension of approval 33. Revocation of approval Division 3--Provisions of general application to staff 34. Identity cards 35. Staff not to gamble 36. Staff not to accept gratuities 37. Staff to be exempt from Security and Investigation Agents Act 1995 Division 4--Approval and use of systems and equipment 37A. Authorisation of games by the Commissioner 37B. Minimum return to players on gaming machines 38. Approval of management systems etc 39. Operations involving movement of money etc 40. Approval of installation etc of equipment 41. Interference with approved system or equipment Division 4A--Codes of practice 41A. Advertising code of practice 41B. Responsible gambling code of practice 41C. Review and alteration of codes 41D. Codes of practice and alterations to codes disallowable by Parliament Division 5--Prohibited gambling practices 42. Gambling on credit prohibited 42A. Cash facilities withdrawal limit 42B. Certain gaming machine facilities prohibited Division 6--Exclusion of children 43. Exclusion of children Division 7--General power of exclusion 44. Licensee's power to bar 45. Commissioner's power to bar 45A. Commissioner of Police's power to bar 46. Summary exclusion in case of intoxication etc Division 8--General power of direction 47. Directions to licensee Division 9--Consultation with licensee 47A. Requirement for Authority to consult licensee 47B. Requirement for Commissioner to consult licensee PART 5--Financial matters Division 1--Accounts and audit 48. Accounts and audit 49. Licensee to supply authority with copy of audited accounts 50. Duty of auditor Division 2--Casino duty 51. Liability to casino duty 52. Evasion of casino duty Division 3--Recovery of administration costs 52A. Commissioner to recover administration costs PART 6--Supervision Division 1--Commissioner's supervisory responsibility 53. Responsibility of the Commissioner Division 2--Power to obtain information 54. Power to obtain information Division 3--Powers of authorised officers 55. Powers of inspection PART 7--Power to deal with default Division 1--Statutory default 56. Statutory default 57. Effect of criminal proceedings Division 2--Compliance notices 58. Compliance notice Division 3--Expiation notices 59. Expiation notice Division 4--Injunctive remedies 60. Injunctive remedies Division 5--Disciplinary action 61. Disciplinary action 62. Alternative remedy Division 6--Official management 63. Power to appoint manager 64. Powers of manager Division 7--Administrators, controllers and liquidators 64A. Administrators, controllers and liquidators PART 8--Review and appeal 65. Review of decisions 66. Finality of Authority's decisions 66A. Procedure in relation to criminal intelligence 67. Finality of Governor's decisions PART 9--Miscellaneous 68. Reasons for decision 69. Confidentiality of criminal intelligence and other information provided by Commissioner of Police 70. Prohibition of gambling by the Commissioner and authorised officers 71. Annual report 72. Regulations SCHEDULE -Transitional provisions Legislative history CASINO ACT 1997 - LONG TITLE An Act to regulate the licensing and control of the casino at Adelaide; and for other purposes. CASINO ACT 1997 - SECT 1 1--Short title This Act may be cited as the Casino Act 1997. CASINO ACT 1997 - SECT 2A 2A--Object The object of this Act is to provide for the licensing, supervision and control of the Adelaide Casino and, in particular, to ensure-- (a) that the Adelaide Casino is properly managed and operated; and (b) that those involved in the control, management and operation of the Adelaide Casino are suitable persons to exercise their respective functions and responsibilities; and (c) that gambling in the Adelaide Casino is conducted responsibly, fairly and honestly, with due regard to minimising the harm caused by gambling; and (d) that the interest of the State in the taxation of gambling revenue arising from the operation of the Adelaide Casino is properly protected. CASINO ACT 1997 - SECT 3 3--Interpretation (1) In this Act, unless the contrary intention appears-- "approved licensing agreement"--see section 16; "authorised game" means a game of chance, or a game combined of chance and skill, authorised under this Act or the conditions of the casino licence; "authorised officer" means-- (a) the Commissioner; or (b) a member or the secretary of the Authority; or (c) a person authorised by the Commissioner to exercise the powers of an authorised officer under this Act; "Authority" means the Independent Gambling Authority established under the Independent Gambling Authority Act 1995; "casino" means the premises defined in the casino licence as the premises to which the licence relates; "casino duty agreement"--see section 17; "casino licence" means the licence (under this Act or the former Act) to operate the casino; "child" means a person under the age of 18 years; "Commissioner" means the Liquor and Gambling Commissioner; "compliance notice"--see section 58; "criminal intelligence" means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or endanger a person's life or physical safety; "domestic partner" means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; "executive officer" of a body corporate is-- (a) a secretary or public officer of the body corporate; or (b) a person responsible for managing the body corporate's business or any aspect of its business; "former Act" means the Casino Act 1983; "gambling" means the playing of a game for monetary or other stakes and includes making or accepting a wager; "gambling chips" means chips or tokens used or capable of being used as gambling stakes or prizes; "gaming machine" means gaming machine as defined in the Gaming Machines Act 1992; "police officer" means any member of the police force; "spouse"--a person is the spouse of another if they are legally married; "staff member"--see section 28(4); "statutory default"--see section 56; "substantial shareholder" in a body corporate means a person who has a substantial holding in the body corporate as defined in section 9 of the Corporations Act 2001 of the Commonwealth. (2) In this Act, "administrator", "controller" and "liquidator" have (unless the contrary intention appears) the same respective meanings as in the Corporations Act 2001 of the Commonwealth. CASINO ACT 1997 - SECT 4 4--Close associates (1) Two persons are "close associates" if-- (a) one is a spouse, domestic partner, parent, brother, sister or child of the other; or (b) they are members of the same household; or (c) they are in partnership; or (d) they are joint venturers; or (e) one is a body corporate and the other is a director or executive officer of the body corporate; or (f) one is a body corporate (other than a public company whose shares are quoted on a prescribed financial market) and the other is a shareholder in the body corporate; or (g) one is a body corporate whose shares are quoted on a prescribed financial market and the other is a substantial shareholder in the body corporate; or (h) one has a right to participate (otherwise than as a shareholder in a body corporate) in income or profits derived from a business conducted by the other; or (i) one is in a position to exercise control or significant influence over the conduct of the other; or (j) a chain of relationships can be traced between them under any one or more of the above paragraphs. (2) In subsection (1)-- "prescribed financial market" means a prescribed financial market within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth. CASINO ACT 1997 - SECT 5 5--Grant of licence (1) The Governor may grant a casino licence. (2) In the case of the first grant of a casino licence under this section, the grant is to be made to Adelaide Casino Pty Ltd (ACN 082 362 061). (3) Any later grant of a casino licence under this section is to be made, on the recommendation of the Authority, to an applicant for the licence. CASINO ACT 1997 - SECT 6 6--Casino premises (1) In the case of the first grant of a casino licence after the commencement of this Act, the licence may only be granted for premises in respect of which a casino licence is, or was last, in force. (2) After the first grant of a casino licence under this Act, a casino licence may be granted for different premises (to take effect on or after the surrender or termination of an earlier licence) if the Authority, after conducting a public inquiry into the appropriateness of the new site, recommends the grant of the licence for those premises. (3) The Governor may, on the recommendation of the Authority (made without public inquiry), redefine the boundaries of the casino premises, if the new boundaries consist only of an extension or contraction of the previous boundaries. CASINO ACT 1997 - SECT 7 7--Restriction on number of licences There is not to be more than one casino licence in force under this Act at the same time. CASINO ACT 1997 - SECT 8 8--Authority conferred by licence (1) Despite any other law of the State, but subject to this Act-- (a) the licensee may operate the casino in accordance with the conditions of the licence; and (b) a person may participate in an authorised game conducted at the casino. (2) The operation of the casino in accordance with the licence does not, in itself, constitute a public or private nuisance. CASINO ACT 1997 - SECT 9 9--Term and renewal of licence (1) The licence is to be granted for a term fixed under the approved licensing agreement. (2) If before the end of a term for which the licence has been granted or renewed, the parties to the approved licensing agreement renegotiate the agreement, and the agreement as renegotiated is approved by the Authority, the Governor may renew the licence for a term fixed under the renegotiated agreement. (3) However, the licensee is to have no entitlement to, or legitimate expectation of, renewal. CASINO ACT 1997 - SECT 10 10--Conditions of licence (1) The conditions of the licence consist of-- (a) the conditions fixed by this Act; and (b) the conditions ("supplementary licence conditions") fixed by or in accordance with the approved licensing agreement. (2) Subject to the approved licensing agreement, the Governor may, on the recommendation of the Authority, vary supplementary licence conditions. CASINO ACT 1997 - SECT 11 11--Transfer of licence (1) The Governor may, on the recommendation of the Authority, approve the transfer of the casino licence. (2) On a transfer of the licence-- (a) the transferee succeeds to all the rights and obligations of the transferor under the approved licensing agreement and the casino duty agreement; and (b) the approved licensing agreement and the casino duty agreement govern the conditions of the licence in the same way and to the same extent as before the transfer. CASINO ACT 1997 - SECT 12 12--Dealing with licence and associated business assets The licensee cannot mortgage, charge or encumber any of the following assets without the approval of the Authority-- (a) the casino licence; or (b) business assets associated with the operation of the casino (including incidental assets such as the facilities for providing food and refreshments for casino patrons). CASINO ACT 1997 - SECT 13 13--Dealings affecting casino business (1) The licensee must not enter into a transaction under which the licensee disposes of, or grants an interest in, the business conducted under the casino licence to someone else without the approval of the Authority. (2) The following are (for example) transactions under which the licensee grants an interest in the business conducted under the casino licence-- (a) a partnership agreement that relates to business conducted or to be conducted under the licence; (b) an agreement or arrangement under which a person participates in proceeds or profits of business conducted or to be conducted under the licence; (c) an agreement or arrangement under which the licensee remunerates another by reference to proceeds or profits of the business or any aspect of the business. (3) However, this section does not invalidate an agreement or arrangement made subject to a condition precedent under which it is not to take effect until approved by the Authority. CASINO ACT 1997 - SECT 14 14--Other transactions under which outsiders may acquire control or influence (1) This section applies to a transaction if it is a transaction (other than one for which the Authority's approval is required under this Division) under which a person or a group of persons who are close associates of each other attain a position of control or significant influence over the licensee. (2) Within 14 days after the licensee becomes aware of a transaction to which this section applies, the licensee must-- (a) inform the Commissioner and the Authority of the transaction; and (b) provide any information about the transaction that is available to the licensee. Maximum penalty: $60 000. (3) If the licensee is a party to a transaction to which this section applies, and the transaction takes effect before the Authority approves it, the licensee is liable to disciplinary action. (4) If a transaction to which this section applies has not been approved or ratified by the Authority, the Authority may, after allowing the parties to the transaction a reasonable opportunity to be heard, make orders of one or more of the following kinds: (a) an order avoiding the transaction; (b) an order requiring a person who has acquired an interest under the transaction to dispose of that interest within a specified time; (c) an order terminating a contractual or other relationship under which control or influence might be exercised over the licensee; (d) an order preventing or regulating the exercise of power or influence acquired as a result of the transaction; (e) an order (which may include an order for restitution) dealing with any consequential or ancillary issues. (5) A person adversely affected by an order under subsection (4) may, within 1 month after the date of the order or a longer period allowed by the Supreme Court, appeal to the Supreme Court against the order. (6) On an appeal, the Supreme Court may-- (a) confirm, vary or revoke the Authority's order and, if the order is revoked, make any order that should have been made in the first place; and (b) make incidental and ancillary orders. (7) The Supreme Court may, if satisfied on application by the Authority that there is good reason to do so, register an order of the Authority in the Court and, on registration, the order may be enforced as a judgment of the Court. CASINO ACT 1997 - SECT 14A 14A--Approval or ratification of transactions to which this Division applies (1) An application for the Authority's approval or ratification of a transaction to which this Division applies-- (a) must be made to the Authority by the parties to the transaction in the form required by the Authority; and (b) must be supported by the information required by the Authority. (2) If a transaction to which this Division applies results or might result in the acquisition by a person other than the licensee of power to conduct, or to control or exercise significant influence over the conduct of, the casino business, the Authority-- (a) must assess the suitability of that person to exercise that power and, in doing so, must apply (to the extent they are applicable) the same criteria as apply to assessing the suitability of a prospective licensee; and (b) must not approve or ratify the transaction unless satisfied that the person is a suitable person to exercise the relevant power. (3) An application for the Authority's approval or ratification of a transaction to which this Division applies may be withdrawn by a party to the transaction at any time before the application is determined. CASINO ACT 1997 - SECT 15 15--Surrender of licence (1) The licensee may, with the approval of the Authority, surrender the casino licence. (2) The surrender of the casino licence does not affect liabilities incurred by the licensee before the surrender takes effect. CASINO ACT 1997 - SECT 16 16--Approved licensing agreement (1) There is to be an agreement (the "approved licensing agreement) between the licensee and the Minister about-- (a) the operation of the casino; and (b) the term of the licence; and (c) the conditions of the licence; and (d) the performance of the licensee's responsibilities under the licence or this Act. (2) The agreement may deal with other subjects relevant to the casino. (3) The agreement-- (a) is to be entered into with a prospective licensee before the licence is granted or with a licensee before renewal of the licence; and (b) must be consistent with the provisions of this Act; and (c) has no effect unless approved by the Authority. (4) If the agreement so provides, specified provisions of the agreement become conditions of the casino licence. (4a) The agreement binds the licensee, the Minister, the Authority and the Commissioner and, if the agreement so provides, any other person who consents to be bound by the agreement. (5) The agreement may be varied by a later agreement between the parties but such a variation must be consistent with the provisions of this Act and has no effect unless approved by the Authority. (6) The agreement may contain an assurance, on terms and conditions fixed in the agreement, that the exclusiveness of the licensee's right to operate a casino in this State will not be impugned during a period set out in the agreement. (7) Despite the above provisions for approval of the agreement or a variation of the agreement by the Authority, an assurance under subsection (6) or a variation of the terms and conditions of such an assurance is not subject to approval by the Authority. CASINO ACT 1997 - SECT 17 17--Casino duty agreement (1) There is to be an agreement (the "casino duty agreement") between the licensee and the Treasurer-- (a) fixing the amount, or basis of calculation, of casino duty; and (b) providing for the payment of casino duty; and (c) dealing with interest and penalties to be paid for late payment or non-payment of casino duty. (2) The agreement is to be entered into with a prospective licensee before the licence is granted or with a licensee before renewal of the licence. (3) The agreement may be varied by a later agreement between the parties. (4) The casino duty agreement or an agreement for variation of the casino duty agreement operates as a deed--despite the absence of the formalities of execution and delivery. (5) The casino duty agreement does not attract stamp duty. (6) Before entering into a casino duty agreement, the Treasurer may require the licensee or prospective licensee to give security for compliance with its obligations under the agreement. CASINO ACT 1997 - SECT 18 18--Agreements to be tabled in Parliament (1) The Minister must, within 12 sitting days after the Authority approves-- (a) an agreement entered into by the Minister with a view to the agreement becoming an approved licensing agreement under this Division; or (b) an agreement for the variation of an approved licensing agreement, have copies of the agreement laid before both Houses of Parliament. (2) The Treasurer must, within 12 sitting days after entering into a casino duty agreement or an agreement for the variation of a casino duty agreement, have copies of the agreement laid before both Houses of Parliament. CASINO ACT 1997 - SECT 19 19--Eligibility of applicants An applicant for the grant or transfer of the casino licence must be a body corporate. CASINO ACT 1997 - SECT 20 20--Applications (1) Applications for the grant, renewal or transfer of the casino licence are to be made to the Authority. (2) An application-- (a) must be in the form required by the Authority; and (b) in the case of an application for the transfer of the licence--must be made jointly by the proposed transferor and transferee; and (c) must be supported by the information required by the Authority. (3) If a change of circumstances occurs after an application is made but before it is determined, the applicant must immediately give the Authority full details of the change. Maximum penalty: $10 000. (4) An applicant for a licence may withdraw the application at any time and, in the case of an application for the transfer of a licence, either party to the application may withdraw the application at any time. CASINO ACT 1997 - SECT 21 21--Suitability of applicant for grant, renewal or transfer of the casino licence (1) The Authority must not recommend the grant or renewal of the casino licence unless satisfied that the applicant is a suitable person to operate the casino. (2) If the Authority is satisfied that two or more applicants would be suitable persons to operate the casino, the Authority may recommend to the Governor that a choice be made between those applicants (but a recommendation need not be delayed until the Authority has assessed all applications). (3) The Authority must not recommend the transfer of the casino licence unless satisfied that the applicant that is the proposed transferee is a suitable person to operate the casino. (4) In assessing the suitability of an applicant, the Authority may have regard to-- (a) the applicant's corporate structure; and (b) the extent of the applicant's financial resources and whether they are suitable and adequate to ensure the financial stability of the casino; and (c) the applicant's financial background; and (d) the extent of the applicant's business acumen and experience and, in particular, whether the applicant's business experience would suggest that it could operate the casino successfully; and (e) the applicant's reputation; and (f) the character, reputation, and financial background of the applicant's close associates; and (g) any representations made by the Minister; and (h) any other matters the Authority thinks fit. (5) In considering an application for a casino licence (other than an application for the first grant of a licence after the commencement of this Act), the Authority may have regard to-- (a) the nature and standard of the casino and the facilities to be provided in, or in conjunction with, the casino; and (b) the likely impact of the casino on tourism, employment and economic development in the region in which the casino is (or is to be) located. CASINO ACT 1997 - SECT 22 22--Investigations (1) The Authority must carry out the investigations and make the inquiries it considers necessary to enable it to make an appropriate recommendation on an application under this Part. (2) The Authority must keep under review the continued suitability of the licensee and the licensee's close associates, and carry out the investigations it considers necessary for that purpose. (3) The Authority may obtain from the Commissioner of Police such reports on persons as it considers necessary for the purposes of investigations and must, for the purposes of an investigation into an application under this Part, obtain from the Commissioner of Police a report on anyone whose suitability to be concerned in or associated with the management and operation of the casino is to be assessed by the Authority. CASINO ACT 1997 - SECT 23 23--Investigative powers (1) The Authority may, by notice in writing-- (a) require any person to provide to the best of the person's knowledge and belief, information, verified by statutory declaration, on matters relevant to the investigation that are specified in the notice; or (b) require any person to appear before the Authority for examination on matters relevant to the investigation; or (c) require any person to produce to the Authority, within a period stated in the notice, documents or other material relevant to the investigation. (2) The Authority may also require any person whose suitability to be concerned in or associated with the management and operation of the casino is under investigation to submit to the taking of photographs, finger prints and palm prints. (3) A person is guilty of an offence if the person-- (a) fails to comply with a requirement made by the Authority under this section; or (b) having appeared for examination before the Authority, refuses or fails to take an oath, or to answer a question to the best of the person's knowledge and belief, when required to do so by the Authority. Maximum penalty: $10 000. (4) The powers conferred by this section are in addition to those conferred in the Independent Gambling Authority Act 1995. CASINO ACT 1997 - SECT 24 24--Results of investigation (1) If the Authority carries out an investigation under this Part, the Authority must notify the following persons of the results of the investigation: (a) the Minister; (b) in the case of an investigation in connection with an application--the applicant; (c) in the case of an investigation in connection with review of the continued suitability of the licensee or the licensee's close associates--the licensee. (2) The Authority is not obliged to give reasons to an applicant for a recommendation that the application should be granted or rejected. CASINO ACT 1997 - SECT 25 25--Costs of investigation (1) If the Authority carries out an investigation under this Part, the Authority must require-- (a) in the case of an investigation in connection with an application--the applicant; or (b) in the case of an investigation in connection with review of the continued suitability of the licensee or the licensee's close associates--the licensee, to meet the cost of the investigation. (2) The Authority may require the applicant or licensee to make specified payments towards the costs of the investigation before the investigation begins and during the course of the investigation. (3) If a payment is not made by an applicant as required by the Authority, the Authority may discontinue the investigation. (4) At the end of the investigation, the Authority must certify the cost of the investigation and any unpaid balance of that cost may be recovered from the applicant or licensee as a debt due to the State. (5) In proceedings for recovery of the cost (or the balance of the cost) of an investigation, the Authority's certificate is to be regarded as conclusive evidence of that cost. CASINO ACT 1997 - SECT 26 26--Governor not bound The Governor is not bound to act in accordance with the Authority's recommendation. CASINO ACT 1997 - SECT 27 27--Opening hours (1) The hours of opening for business are to be as fixed by or under the conditions of the licence. (2) However, it is a condition of the licence that the casino is not to be open for business on Good Friday or Christmas Day. CASINO ACT 1997 - SECT 28 28--Classification of offices and positions (1) A "sensitive position" is any of following offices or positions-- (a) the position occupied by-- (i) a director, secretary, officer or other person who exercises or is in a position to exercise control or substantial influence over the licensee in the conduct of its affairs; or (ii) an employee of the licensee; or (iii) a person employed or engaged (either by the licensee or someone else) to work at the casino; (except a position classified as non-sensitive by the Authority); or (b) any other position associated with the operation of the casino that is designated by the Authority as a sensitive position. (2) A "position of responsibility" is a sensitive position classified by the Authority as a position of responsibility. (3) Positions of responsibility are divided into classes as determined by the Authority. (4) "Staff member is a general description applicable to both sensitive positions and positions classified by the Authority as non-sensitive. CASINO ACT 1997 - SECT 29 29--Obligations of the licensee (1) The licensee must not permit a person to occupy or work in a sensitive position unless the person is approved under this Division as a suitable person to work in sensitive positions. Maximum penalty: $20 000. (2) The licensee must not permit a person to occupy or work in a position of responsibility unless the person is approved under this Division as a suitable person to work in a position of responsibility of the relevant class. Maximum penalty: $20 000. (3) If a person ceases to occupy a sensitive position or a position of responsibility, the licensee must within 14 days give the Commissioner written notice-- (a) identifying the person and the position; and (b) stating the date when the person ceased to occupy the position; and (c) stating why the person ceased to occupy the position. Maximum penalty: $5 000. (4) The Authority may exempt the licensee from compliance with this section to an extent specified in the instrument of exemption. (5) This section does not apply-- (a) in respect of a person who occupied the relevant position at the commencement of this Act; or (ab) in respect of an administrator, controller or liquidator of the licensee who has assumed control over the casino business or a person acting on the authority of such a person; or (b) in circumstances covered by an exemption. CASINO ACT 1997 - SECT 30 30--Applications for approval (1) The licensee may apply to the Commissioner for approval of a person as a suitable person to work in-- (a) sensitive positions; or (b) positions of responsibility of a particular class or particular classes. (2) The application must be accompanied by the information and materials required under the regulations and by the Commissioner. (3) The Commissioner may require the person for whom the approval is sought to submit to the taking of photographs, finger prints and palm prints. (4) The Commissioner must give the Commissioner of Police a copy of all applications made under this section and must allow the Commissioner of Police a reasonable opportunity to make representations on the application. (5) The Commissioner of Police must make available to the Commissioner information about criminal convictions and other information to which the Commissioner of Police has access relevant to whether the application should be granted. CASINO ACT 1997 - SECT 31 31--Decision on application (1) The Commissioner may grant or refuse an application for approval under this Division. (2) The Commissioner must give written notice to the licensee and the person for whom approval was sought of the Commissioner's decision on the application. CASINO ACT 1997 - SECT 32 32--Suspension of approval (1) If the person to whom an approval relates is charged with an offence involving dishonesty or punishable by imprisonment, the Commissioner may, by written notice to the licensee and the approved person, suspend the approval. (2) While the approval is under suspension, the person is not to be regarded as a person approved under this Division to work in a position of responsibility or a sensitive position (as the case requires). (3) The Commissioner may revoke a suspension at any time. CASINO ACT 1997 - SECT 33 33--Revocation of approval (1) The Commissioner may, by written notice to the licensee and the approved person, revoke the approval. (2) Before the Commissioner revokes an approval, the Commissioner must, by written notices, invite the licensee and the approved person to make representations to the Commissioner within a specified time and must consider any representations made in response to the invitations. CASINO ACT 1997 - SECT 34 34--Identity cards (1) A staff member, while on duty at the casino, must wear an identification card in a form and manner approved by the Commissioner. Maximum penalty: $2 500. (2) On ceasing to be a staff member, the former staff member must surrender the identity card to the Commissioner. Maximum penalty: $2 500. (3) The Commissioner may, by instrument in writing, exempt a person or class of persons from compliance with this section. CASINO ACT 1997 - SECT 35 35--Staff not to gamble A staff member must not operate any machine or participate in any game in the casino except to the extent necessary for the proper performance of the member's duties. Maximum penalty: $10 000. CASINO ACT 1997 - SECT 36 36--Staff not to accept gratuities (1) A staff member must not, in relation to his or her work, accept a gift or gratuity from any person. Maximum penalty: $20 000. (2) However, a staff member does not commit an offence by accepting a gift or gratuity if-- (a) it is a staff gratuity paid by the licensee or another employer on a basis approved by the Commissioner; or (b) it is of a kind, or given in circumstances, approved by the Commissioner. CASINO ACT 1997 - SECT 37 37--Staff to be exempt from ""Security and Investigation Agents Act 1995 A person is, in relation to the performance of functions and duties as a staff member, exempt from the Security and Investigation Agents Act 1995. CASINO ACT 1997 - SECT 37A 37A--Authorisation of games by the Commissioner (1) In determining an application for authorisation of a game to be played in the casino, the Commissioner must have regard to any guidelines issued by the Authority to the Commissioner for the purpose of assessing whether a game is likely to lead to an exacerbation of problem gambling. (2) If the Commissioner is of the opinion that the game the subject of the application is likely to lead to an exacerbation of problem gambling, the Commissioner must refuse to authorise the game. CASINO ACT 1997 - SECT 37B 37B--Minimum return to players on gaming machines It is a condition of the casino licence that the licensee will not, after the commencement of this section, install a gaming machine on the premises of the casino, or install a game to be played on a gaming machine in the casino, unless the machine, or the game, returns winnings to players at a rate that is not less than 87.5 per cent of the total amount of all bets made on the machine. CASINO ACT 1997 - SECT 38 38--Approval of management systems etc (1) It is a condition of the casino licence that-- (a) systems and procedures for conducting authorised games; and (b) systems and procedures for surveillance and security; and (c) systems and procedures for internal management and control; and (d) systems and procedures for handling, dealing with and accounting for money and gambling chips; and (e) other systems and procedures that the Authority determines to be subject to this section, must be approved by the Commissioner. (2) It is a condition of the casino licence that the licensee must ensure that the licensee's operations under the casino licence conform with the approved systems and procedures. CASINO ACT 1997 - SECT 39 39--Operations involving movement of money etc (1) It is a condition of the casino licence that the licensee must comply with directions given by the Commissioner or an authorised officer about the movement or counting of money or gambling chips in the casino. (2) It is a condition of the casino licence that the licensee must comply with instructions given by the Commissioner to facilitate the scrutiny by authorised officers of operations involving the movement or counting of money or gambling chips in the casino. CASINO ACT 1997 - SECT 40 40--Approval of installation etc of equipment (1) It is a condition of the casino licence that the licensee must not permit the installation or use of-- (a) equipment for gambling; or (b) equipment for surveillance or security; or (c) equipment of any other kind or for any other purpose notified by the Authority to the licensee, unless it has been approved by the Commissioner. (2) It is a condition of the casino licence that the licensee must comply with any instructions of the Commissioner about the use of any such equipment. (3) It is a condition of the casino licence that the Commissioner may, personally or through the agency of an authorised officer, assume control of any such equipment at any time. (4) It is a condition of the casino licence that the licensee must not permit the removal of any such equipment except with the approval of the Commissioner. CASINO ACT 1997 - SECT 41 41--Interference with approved system or equipment (1) A person must not interfere with an approved system or equipment with the intention of gaining a benefit for himself, herself or another. Maximum penalty: $10 000. (2) A person who, in the casino, has possession of a device designed, adapted or intended to be used for the purpose of interfering with the proper operation of an approved system or equipment is guilty of an offence. Maximum penalty: $10 000. (3) A person who, in the casino, uses a computer, calculator or other device that assists in projecting the outcome of an authorised game is guilty of an offence. Maximum penalty: $10 000. (4) A person other than a staff member authorised by the licensee to do so must not remove cash or gambling chips from gaming equipment. Maximum penalty: $10 000. CASINO ACT 1997 - SECT 41A 41A--Advertising code of practice It is a condition of the casino licence-- (a) that the licensee must adopt a code of practice on advertising approved by the Authority; and (b) that the licensee must ensure that advertising by the licensee conforms with the code of practice approved under this section. CASINO ACT 1997 - SECT 41B 41B--Responsible gambling code of practice It is a condition of the casino licence-- (a) that the licensee must adopt a code of practice approved by the Authority dealing with-- (i) the display of signs, and the provision of information, at the casino relating to responsible gambling and the availability of services to address problems associated with gambling; and (ii) the provision of training to staff relating to responsible gambling and the services available to address problems associated with gambling; and (iii) any other matters designed to reduce the incidence of problem gambling determined by the Authority; and (b) that the licensee must ensure that operations under the licence conform with the code of practice approved under this section. CASINO ACT 1997 - SECT 41C 41C--Review and alteration of codes (1) The Authority must, in consultation with the casino licensee, review the codes of practice referred to in this Division at least every 5 years. (2) The Authority must seek and consider written submissions from the public when reviewing a code of practice under subsection (1). (3) The Authority may, by written notice to the licensee, require a code of practice referred to in this Division to be altered as set out in the notice. (4) Before the Authority makes a requirement under subsection (3), the Authority must, unless it considers it contrary to the public interest to do so-- (a) give written notice to the licensee of the proposed requirement; and (b) consider any representations made by the licensee about the proposed requirement within 28 days after the notice is given or a longer period allowed in the notice. (5) It is a condition of a casino licence that the licensee must ensure that all alterations required to be made under subsection (3) are made in accordance with the notice given under that subsection. CASINO ACT 1997 - SECT 41D 41D--Codes of practice and alterations to codes disallowable by Parliament (1) On approving a code of practice under this Act or requiring an alteration to be made to a code in accordance with this Act, the Authority must forward a copy of the code or alteration to the Minister. (2) The Minister must cause a copy of the code or alteration to be laid before both Houses of Parliament as soon as practicable after receiving it. (3) Sections 10 and 10A of the Subordinate Legislation Act 1978 apply to a code, or an alteration to a code, laid before Parliament under this section as if it were a regulation within the meaning of the Act. (4) A code of practice or alteration to a code of practice may provide for the whole or any part of the instrument to come into operation on the day on which it is adopted by the licensee or on a later day, or days, specified in the instrument. CASINO ACT 1997 - SECT 42 42--Gambling on credit prohibited (1) It is a condition of the casino licence that the licensee must not, in connection with gambling at the casino-- (a) accept a wager unless the gambler places the wager by putting down cash or gambling chips at the time the wager is made; or (b) lend money, gambling chips or anything that might be converted into money or gambling chips; or (ba) allow a person to use a credit card or charge card for the purpose of paying for gambling or in circumstances where the licensee could reasonably be expected to know that the use of the card is for that purpose; or (c) extend any other form of credit; or (d) release or discharge a gambling debt without the Authority's approval. (2) However, the above condition does not prevent the licensee or another person from extending credit for gambling on terms and conditions approved by the Authority. CASINO ACT 1997 - SECT 42A 42A--Cash facilities withdrawal limit (1) It is a condition of the casino licence that the licensee must not, on or after the prescribed day, provide, or allow another person to provide, cash facilities on the premises of the casino that allow a person to obtain by means of those facilities, in any one transaction, on any one debit or credit card, an amount of cash that exceeds-- (a) the sum of $200; or (b) if some other sum is prescribed by the regulations for the purposes of this section--that sum. (2) It is a condition of the casino licence that the licensee must not, on or after the prescribed day, provide, or allow another person to provide, cash facilities on the premises of the casino that allow a person to obtain cash by means of those facilities more than once, on any one debit or credit card, on any one day. (3) In this section-- "cash facility" means-- (a) an automatic teller machine; or (b) an EFTPOS facility; or (c) any other facility, prescribed by the regulations, that enables a person to gain access to his or her funds or to credit; "prescribed day" means-- (a) for the purposes of subsection (1)--the day falling 3 months after the commencement of this section; (b) for the purposes of subsection (2)--a day fixed by proclamation. CASINO ACT 1997 - SECT 42B 42B--Certain gaming machine facilities prohibited (1) It is a condition of the casino licence that the licensee must not provide any gaming machine in the casino that is capable of being operated by means other than the insertion of a coin in the machine or in any linked device. (2) The Governor may, by regulation, grant an exemption from subsection (1) for a specified period for the purposes of the conduct of a trial of a system designed to monitor or limit levels of gambling through the operation of gaming machines otherwise than by the insertion of coins. (3) Regulations made for the purposes of subsection (2) may make provision for the recording and reporting of data in connection with the trial. (4) A regulation under subsection (2) cannot come into operation until the time has passed during which the regulation may be disallowed by resolution of either House of Parliament. (5) The Minister must, within 3 months after expiry of an exemption under subsection (2), cause a report to be laid before both Houses of Parliament about the conduct and results of the trial. (6) It is a condition of the casino licence that the licensee must not, on or after the prescribed day, provide any gaming machine in the casino that is fitted with a device or mechanism designed to allow the playing of a number of successive games by an automatic process. (7) In this section-- "prescribed day" means the day falling 3 months from the commencement of subsection (6). CASINO ACT 1997 - SECT 43 43--Exclusion of children (1) A child who enters the casino is guilty of an offence. Maximum penalty: $500. (2) Any amount won by a child by gambling at the casino is forfeited to the Crown. (3) If a child enters the casino, the licensee and the staff member who is responsible for supervising entry to the casino are each guilty of an offence. Maximum penalty: In the case of the licensee--$10 000. In the case of a staff member--$2 000. (4) It is a defence to a charge of an offence against subsection (3) to prove that procedures for exclusion of children approved by the Authority were being properly enforced at the time the child entered the casino. (5) An authorised person who suspects on reasonable grounds that a person who is in the casino or about to enter the casino may be a child may require the person to produce evidence of age to the authorised person's satisfaction. (6) A person who-- (a) fails without reasonable excuse to comply with a requirement under subsection (5); or (b) makes a false statement, or produces false evidence, in response to such a requirement, is guilty of an offence. Maximum penalty: $2 000. (7) An authorised person who suspects on reasonable grounds that a person who is in the casino is a child-- (a) may require the person to leave the casino; and (b) if the person fails to comply with that requirement--exercise reasonable force to remove the person from the casino. (8) In this section, an "authorised person" is-- (a) an agent or employee of the licensee; or (b) a police officer. CASINO ACT 1997 - SECT 44 44--Licensee's power to bar (1) The licensee may, by written order, bar a person (the "excluded person) from the casino for a period specified in the order. (2) The order must-- (a) state the grounds on which the order is made; and (b) set out the rights of the excluded person to have the order reviewed under this section; and (c) must be given to the person against whom it is made personally or by sending it by post addressed to the person at the last known postal address. (3) An order may be made under this section on any reasonable ground. Examples-- An order might be made on any one or more of the following grounds: * The excluded person is placing his or her own welfare, or the welfare of dependants, at risk through gambling. * The excluded person has damaged or misused equipment in the casino used for gambling. * The excluded person has committed, is committing or is about to commit an offence. (4) The order may be made for a period of up to 3 months unless the order is made by agreement with the excluded person, in which case it may be made, in accordance with the agreement, for any stated period or for an unlimited period. (5) If the excluded person applies to the Commissioner within 14 days of the order for a review of the order the Commissioner must review the order and may confirm, vary or revoke the order. (6) An excluded person who enters or remains in the casino while an order remains in force under this section is guilty of an offence. Maximum penalty: $2 500. (7) If an excluded person is allowed to enter or remain in the casino while an order remains in force under this section, the licensee is guilty of an offence. Maximum penalty: $10 000. (8) An agent or employee of the licensee or a police officer may exercise reasonable force-- (a) to prevent a person from entering the casino contrary to an order under this section; or (b) to remove a person who is in the casino contrary to an order under this section. (9) The licensee or the Commissioner may at any time revoke an order under this section. (10) The licensee must retain copies of all orders made under this section. CASINO ACT 1997 - SECT 45 45--Commissioner's power to bar (1) The Commissioner may, by written order, bar a person (the "excluded person") from the casino for a period specified in the order or for an unlimited period. (2) The Commissioner may make an order under this section-- (a) on the application of the person against whom the order is to be made; or (b) on the application of a dependant or other person who appears to have a legitimate interest in the welfare of the person against whom the order is to be made; or (c) on review of an order made by the licensee barring the person against whom the order is to be made from the casino; or (d) on the Commissioner's own initiative. (3) The order must-- (a) state the grounds on which the order is made; and (b) set out the rights of the excluded person to have the order reviewed; and (c) must be given to the person against whom it is made personally or by sending it by post addressed to the person at the last known postal address. (4) An order may be made under this section on any reasonable ground and, in particular, on the ground that the excluded person is placing his or her own welfare, or the welfare of dependants, at risk through gambling. (5) An excluded person who enters or remains in the casino while an order remains in force under this section is guilty of an offence. Maximum penalty: $2 500. (6) If an excluded person is allowed to enter or remain in the casino while an order remains in force under this section, the licensee is guilty of an offence. Maximum penalty: $10 000. (7) An agent or employee of the licensee or a police officer may exercise reasonable force-- (a) to prevent a person from entering the casino contrary to an order under this section; or (b) to remove a person who is in the casino contrary to an order under this section. (8) The Commissioner may at any time revoke an order under this section. (9) The Commissioner must retain copies of all orders made under this section. CASINO ACT 1997 - SECT 45A 45A--Commissioner of Police's power to bar (1) The Commissioner of Police may, by written order, bar a person (the "excluded person") from the casino for a period specified in the order or for an unlimited period on any reasonable ground. (2) The order must-- (a) subject to subsection (3), state the grounds on which the order is made; and (b) set out the rights of the excluded person to have the order reviewed by the Authority; and (c) be given to the person against whom it is made personally or by sending it by post addressed to the person at the last known postal address. (3) If a person is barred from the casino by order under this section because of information that is classified by the Commissioner of Police as criminal intelligence, the order need only state that it would be contrary to the public interest if the person were not so barred. (4) If a person has been barred from the casino by order under this section, the licensee must, within 14 days of the service of the order, be provided with-- (a) a copy of the order; and (b) information that identifies the person, (but a failure to comply with this subsection does not affect the operation of the order). (5) An excluded person who enters or remains in the casino while an order remains in force under this section is guilty of an offence. Maximum penalty: $2 500. (6) If an excluded person is allowed to enter or remain in the casino while an order remains in force under this section, the licensee is guilty of an offence. Maximum penalty: $10 000. (7) An agent or employee of the licensee or a police officer may exercise reasonable force-- (a) to prevent a person from entering the casino contrary to an order under this section; or (b) to remove a person who is in the casino contrary to an order under this section. (8) The Commissioner of Police may at any time revoke an order under this section. (9) The Commissioner of Police may not delegate his or her power under this section except to a Deputy Commissioner or Assistant Commissioner of Police. (10) A delegation under this section-- (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the Commissioner of Police to act in any matter; and (d) is revocable at will by the Commissioner of Police. CASINO ACT 1997 - SECT 46 46--Summary exclusion in case of intoxication etc An agent or employee of the licensee or a police officer may exercise reasonable force to prevent a person entering the casino, or to remove a person from the casino, if the person-- (a) is behaving in an abusive, offensive or disorderly manner; or (b) appears to be intoxicated. CASINO ACT 1997 - SECT 47 47--Directions to licensee (1) The Authority may, by written notice, give directions to the licensee about the management, supervision and control of any aspect of the operation of the casino. (2) The licensee must ensure that all directions given under this section are diligently observed and carried out. CASINO ACT 1997 - SECT 47A 47A--Requirement for Authority to consult licensee (1) This section applies to any of the following powers of the Authority under this Part: (a) the power to give a direction or instruction; (b) the power of classification or designation in relation to officers or staff of the licensee; (c) the power to determine systems and procedures for which the Commissioner's approval will be required; (d) the power to notify the licensee of equipment for which the Commissioner's approval will be required. (2) Before the Authority exercises a power to which this section applies the Authority must, unless the Authority considers it contrary to the public interest to do so-- (a) give written notice to the licensee of the proposed exercise of power; and (b) consider any representations made by the licensee about the proposed exercise of power within 14 days after the notice is given or a longer period allowed in the notice. CASINO ACT 1997 - SECT 47B 47B--Requirement for Commissioner to consult licensee (1) This section applies to any of the following powers of the Commissioner under this Part: (a) the power to give a direction or instruction; (b) the power to approve the basis on which staff gifts or gratuities may be accepted. (2) Before the Commissioner exercises a power to which this section applies the Commissioner must, unless the Commissioner considers it contrary to the public interest to do so-- (a) give written notice to the licensee of the proposed exercise of power; and (b) consider any representations made by the licensee about the proposed exercise of power within 14 days after the notice is given or a longer period allowed in the notice. CASINO ACT 1997 - SECT 48 48--Accounts and audit (1) The licensee must keep proper financial accounts in relation to the operation of the casino. Maximum penalty: $50 000. (2) The accounts-- (a) must be kept in a form approved by the Authority; and (b) must be segregated from accounts relevant to other business carried on by the licensee. (3) The licensee must have the accounts periodically audited as required under the conditions of the licence by a registered company auditor. CASINO ACT 1997 - SECT 49 49--Licensee to supply authority with copy of audited accounts (1) As soon as practicable after the audit of accounts that the licensee is required to keep under this Division is completed, the licensee must give the Authority a copy of the audited accounts. Maximum penalty: $10 000. (2) As soon as practicable after the audit of accounts that the licensee is required to keep under the Corporations Act 2001 of the Commonwealth is completed the licensee must give the Authority a copy of the audited accounts. Maximum penalty: $10 000. CASINO ACT 1997 - SECT 50 50--Duty of auditor (1) The auditor of accounts that the licensee is required to keep either under this Division or the Corporations Act 2001 of the Commonwealth must-- (a) notify the Authority of any suspected irregularity in the accounts or in the licensee's financial affairs; and (b) must, on the written request of the Authority, provide the Authority with information specified in the request (in a manner and form specified in the request) about the accounts or the licensee's financial affairs. Maximum penalty: $10 000. (2) A communication under subsection (1) is absolutely privileged. (3) The Authority must, subject to the following exceptions, keep information obtained under this section confidential. Exceptions-- 1 The Authority may divulge information obtained under this section to the Minister or the Commissioner. 2 The Authority may divulge information obtained under this section as otherwise authorised by law. CASINO ACT 1997 - SECT 51 51--Liability to casino duty (1) The licensee must pay casino duty (and interest and penalties for late payment or non-payment of casino duty) in accordance with the casino duty agreement. (2) In the absence of an agreement between the licensee and the Treasurer, the licensee must pay casino duty (and interest and penalties for late payment or non-payment of casino duty) on a basis fixed under the regulations. (3) The Treasurer must pay duty (and interest and penalties) received from the licensee into the Consolidated Account. (4) Casino duty (and interest and penalties) may be recovered as a debt due to the State. CASINO ACT 1997 - SECT 52 52--Evasion of casino duty (1) The licensee must not-- (a) attempt to evade the payment of casino duty; or (b) make a false or misleading statement or return relevant to amount of casino duty payable knowing it to be false or misleading. Maximum penalty: $100 000. (2) If the licensee contravenes subsection (1), the Treasurer may, within 4 years after the liability for duty arose, make an estimate of the duty that should have been paid and make a reassessment of duty on the basis of the estimate. (3) Duty may be recovered on the basis of the reassessment as a debt. CASINO ACT 1997 - SECT 52A 52A--Commissioner to recover administration costs (1) The Commissioner must, not less than 1 month before the commencement of each financial year, notify the licensee in writing of the amount fixed by the Minister as the recoverable administration costs for that financial year. (2) If, during the course of the financial year, the Minister varies the amount fixed as the recoverable administration costs for the financial year, the Commissioner must notify the licensee in writing of the variation, specifying the amount fixed as the revised recoverable administration costs for that financial year. (3) Subject to subsection (4), the licensee must, in each month of the financial year, pay to the Commissioner one-twelfth of the amount of the recoverable administration costs for that financial year. (4) If a notice is given to the licensee under subsection (2), the licensee must, in each month of the financial year following that notice, pay to the Commissioner an amount equal to the revised recoverable administration costs specified in the notice less the total of the payments that have fallen due under this section in the financial year, divided by the number of payments yet to fall due under this section in the financial year. (5) If the whole or a part of an amount payable by the licensee is not paid to the Commissioner as required, the amount unpaid may be recovered from the licensee as a debt due to the State. (6) In proceedings for recovery of an amount unpaid, the Commissioner's certificate is to be regarded as conclusive evidence of the recoverable administration costs or revised recoverable administration costs for the period specified in the certificate. (7) In this section-- "administration costs" means the costs of administering this Act arising out of, or in connection with, the carrying out of the Commissioner's administrative and regulatory functions in respect of the licensee. CASINO ACT 1997 - SECT 53 53--Responsibility of the Commissioner The Commissioner is responsible to the Authority to ensure that the operations of the casino are subject to constant scrutiny. CASINO ACT 1997 - SECT 54 54--Power to obtain information It is a condition of the casino licence that the licensee must, on the written request of the Commissioner or the Authority, provide information within the time specified in the request about-- (a) any matter relevant to the operation of the casino specified in the request; or (b) any aspect of the licensee's financial affairs specified in the request. CASINO ACT 1997 - SECT 55 55--Powers of inspection (1) An authorised officer may at any time enter and remain in the casino to ascertain whether-- (a) the operation of the casino is being properly supervised and managed; or (b) the provisions of this Act and the conditions of the licence are being complied with. (2) A staff member must, at the request of an authorised officer, facilitate an examination by the officer of-- (a) systems, procedures or equipment used for gambling, surveillance or security; or (b) accounts or records relating to the operation of the casino. Maximum penalty: $25 000. (3) A person must not obstruct an authorised officer in the exercise of powers under this section. Maximum penalty: $25 000. (4) If an authorised officer becomes aware of an irregularity, deficiency or statutory default in the supervision or management of the casino or in the accounts or records relating to the casino, the officer must make a written report on the irregularity, deficiency or default to the Commissioner and to the Authority. CASINO ACT 1997 - SECT 56 56--Statutory default A "statutory default" occurs if-- (a) the licensee contravenes or fails to comply with a provision of this Act or a condition of the licence; or (b) the licensee becomes liable to disciplinary action under this Act on some other basis; or (c) an event occurs, or circumstances come to light, that show the licensee to be an unsuitable person to continue to hold the licence. CASINO ACT 1997 - SECT 57 57--Effect of criminal proceedings (1) The Authority may exercise its powers under this Part in relation to a statutory default whether or not criminal proceedings have been, or are to be, taken for the default and even though a penalty may have been already imposed for the default. (2) However-- (a) if the licensee expiates a statutory default under this Part, no further action may be taken for that default; and (b) the Authority must, in imposing a fine, take into account any fine that has already been imposed in criminal proceedings. CASINO ACT 1997 - SECT 58 58--Compliance notice (1) If a statutory default occurs, the Authority may give written notice to the licensee (a "compliance notice") specifying the default and requiring the licensee to take specified action, within a period specified in the notice, to remedy the default or to ensure against repetition of the default. (2) If the licensee fails to take the specified action within the time allowed in the notice, the licensee is guilty of an offence. Maximum penalty: $100 000. CASINO ACT 1997 - SECT 59 59--Expiation notice (1) If a statutory default occurs, the Authority may give written notice to the licensee (an "expiation notice") specifying the default and informing the licensee that disciplinary action may be avoided by payment of a specified sum not exceeding $10 000 within a period specified in the notice. (2) If the specified amount is paid in accordance with the notice, no disciplinary action may be taken under this Act for the default nor may criminal proceedings be taken for the default. CASINO ACT 1997 - SECT 60 60--Injunctive remedies (1) If a statutory default occurs or there are reasonable grounds to suspect that a statutory default may occur or be attempted, the Supreme Court may, on application by the Minister or the Authority, grant an injunction to prevent the statutory default or to prevent recurrence of the statutory default. (2) The injunction may be granted on terms the Court considers appropriate. (3) An injunction may be granted under this section whether or not-- (a) there has been some previous statutory default of the same or a similar nature; or (b) there is imminent danger of substantial damage to any person. (4) No undertaking as to damages can be required of the Minister or the Authority in proceedings under this section. CASINO ACT 1997 - SECT 61 61--Disciplinary action (1) If a statutory default occurs, the Authority may give written notice to the licensee-- (a) specifying the default; and (b) requiring the licensee to show cause, within a period specified in the notice (which must be at least 14 days), why disciplinary action should not be taken against the licensee. (2) The Authority must allow the licensee a reasonable opportunity to make submissions orally or in writing to the Authority. (3) After considering the submissions (if any) made by the licensee, the Authority may, by order, take disciplinary action as follows-- (a) the Authority may censure the licensee; (b) the Authority may impose a fine of up to $100 000 on the licensee; (c) the Authority may vary the conditions of the licence (irrespective of any provision of the approved licensing agreement excluding or limiting the power of variation of the conditions of the licence); (d) the Authority may suspend the licence for a specified or unlimited period; (e) the Authority may cancel the licence. (4) Disciplinary action takes effect on the date of service of the order on the licensee or on a later date specified in the order. (5) If the Authority suspends the licence, the Authority may, at any time, terminate the suspension. (6) A fine imposed under this section may be recovered as a debt due to the State. CASINO ACT 1997 - SECT 62 62--Alternative remedy The Authority may, instead of taking disciplinary action, issue a compliance notice. CASINO ACT 1997 - SECT 63 63--Power to appoint manager (1) If the casino licence-- (a) is suspended, cancelled or surrendered; or (b) expires and is not renewed, the Minister may, on the recommendation of the Authority, appoint an official manager of the business conducted under the licence. (2) If the licensee-- (a) becomes insolvent within the meaning of Part 7.10 of the Corporations Act 2001 of the Commonwealth; or (b) goes into liquidation, the Minister may, on the recommendation of the Authority, appoint an official manager of the business conducted under the licence. (3) An appointment under subsection (1) or (2) may be terminated at any time by the Minister. (4) The approved licensing agreement may contain provisions governing the basis on which the Minister's powers are to be exercised under this section. CASINO ACT 1997 - SECT 64 64--Powers of manager (1) The official manager-- (a) is to assume control of the business conducted under the licence (or former licence); and (b) is entitled to possession and control of property of the licensee (or former licensee) used for the purposes of the business conducted under the licence; and (c) is, while the appointment continues in force, taken to be the holder of a licence on conditions determined by the Authority. (2) Any proceeds of the business while under official management are to be applied as follows-- (a) first, a reasonable rental for the licensee's (or former licensee's) property is to be paid out of the proceeds to the licensee (or former licensee) while the property remains in the official manager's possession; and (b) secondly, the proceeds are to be applied towards the costs of official management (including the official manager's remuneration); and (c) thirdly, any remaining balance is to be paid into the Consolidated Account. (3) However, the approved licensing agreement may operate to exclude or modify the provisions of subsection (2). (4) The regulations may confer powers and impose duties on official managers and regulate official management in other ways. CASINO ACT 1997 - SECT 64A 64A--Administrators, controllers and liquidators (1) If an administrator, controller or liquidator of the licensee assumes control over the casino business for a period (the "period of administration") that person-- (a) stands in the position of the licensee for the period of administration; and (b) is liable for the casino duty and other liabilities to the Crown accruing during the period of administration; and (c) is subject to this Act, and liable to direction and control under this Act, in the same way as if the person were the licensee; and (d) if charged with an offence against this Act, is entitled to a defence on proof that the offence was not committed intentionally and did not arise from the defendant's failure to take reasonable care to avoid the commission of the offence. (2) For the purposes of subsection (1), an administrator, controller or liquidator will only be regarded as being in control of the casino business if in control of all or substantially all of the business assets associated with the operation of the casino. CASINO ACT 1997 - SECT 65 65--Review of decisions (1) A person aggrieved by a decision of the Commissioner under this Act may, within 30 days after receiving notice of the decision, apply to the Authority for a review of the decision. (2) A person aggrieved by a decision of the Commissioner of Police to bar the person from the casino by order under section 45A may, within 14 days after being given a copy of the order, apply to the Authority for a review of the decision. (3) On an application under this section, the Authority may confirm, vary, revoke or reverse the decision under review. (4) In this section-- "decision" of the Commissioner includes, for example, the refusal of an application or the revocation of an approval. CASINO ACT 1997 - SECT 66 66--Finality of Authority's decisions (1) A decision of the Authority under this Act is final and without appeal subject however to the following qualifications: (a) an appeal lies to the Supreme Court against a decision to take disciplinary action against a licensee; and (b) an appeal lies, with the permission of the Supreme Court, against a decision of the Authority on a question of law. (2) An appeal must be commenced, or the application for permission to appeal made, within 1 month after the decision to which the appeal relates. CASINO ACT 1997 - SECT 66A 66A--Procedure in relation to criminal intelligence (1) In any proceedings under this Part to be determined by the Authority, the Authority must maintain the confidentiality of information classified by the Commissioner of Police as criminal intelligence. (2) In any proceedings under this Part to be determined by the Supreme Court, the Commissioner of Police may apply to the Court for a determination that information classified by the Commissioner of Police as criminal intelligence is criminal intelligence. (3) The Supreme Court must maintain the confidentiality of information that is the subject of an application under subsection (2). (4) If, on an application under subsection (2), the Supreme Court proposes to determine that the information is not criminal intelligence, the applicant must be informed of the proposed determination and given the opportunity to withdraw the information from the proceedings. (5) If the Supreme Court determines that the information is criminal intelligence or the information is withdrawn, the Court must continue to maintain the confidentiality of the information. (6) The confidentiality of information is maintained only if-- (a) the information is not used except for the purposes of the proceedings; and (b) the information is not disclosed to any parties to the proceedings or their representatives (other than the Commissioner of Police and representatives of the Commissioner of Police) or to any member of the public; and (c) evidence and submissions about the information are received and heard in private in the absence of any parties to the proceedings and their representatives (other than the Commissioner of Police and representatives of the Commissioner of Police) and are not disclosed to any member of the public; and (d) the information is not disclosed in any reasons for decision. (7) The Authority or the Supreme Court may take any steps it considers appropriate to maintain the confidentiality of the information. (8) The duties imposed by this section on the Supreme Court apply to any court dealing with information that has been determined to be criminal intelligence or with the question of whether information classified by the Commissioner of Police as criminal intelligence is criminal intelligence. CASINO ACT 1997 - SECT 67 67--Finality of Governor's decisions A decision by the Governor under this Act is not subject to review or appeal in any court. CASINO ACT 1997 - SECT 68 68--Reasons for decision (1) The Governor is not bound to give reasons for a decision under this Act. (2) The Authority is not bound to give reasons for a decision under this Act. Exception-- The Authority must, at the request of a person affected by a decision, give reasons for a decision if an appeal lies against the decision as of right, or with permission, to the Supreme Court. (3) The Commissioner is not bound to give reasons for a decision under this Act. Exceptions-- 1 The Commissioner must, at the request of a person whom the Commissioner has barred from the casino, give reasons for doing so. 2 The Commissioner must, at the request of the Authority, give reasons to the Authority for a decision of the Commissioner under this Act. CASINO ACT 1997 - SECT 69 69--Confidentiality of criminal intelligence and other information provided by Commissioner of Police (1) Information provided by the Commissioner of Police under this Act to the Authority or the Commissioner may not be disclosed to any person other than the Minister, a court or a person to whom the Commissioner of Police authorises its disclosure, if the Commissioner of Police asks for the information to be kept confidential on the ground that its disclosure might create a risk of loss, harm or undue distress. (2) Information that is classified by the Commissioner of Police as criminal intelligence for the purposes of this Act may not be disclosed to any person other than the Authority, the Commissioner, the Minister, a court or a person to whom the Commissioner of Police authorises its disclosure. (3) The Commissioner of Police may not delegate the function of classifying information as criminal intelligence for the purposes of this Act except to a Deputy Commissioner or Assistant Commissioner of Police. (4) A delegation under this section-- (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the Commissioner of Police to act in any matter; and (d) is revocable at will by the Commissioner of Police. CASINO ACT 1997 - SECT 70 70--Prohibition of gambling by the Commissioner and authorised officers (1) The Commissioner must not engage in gambling at the casino. Maximum penalty: $10 000. (2) An authorised officer must not engage in gambling at the casino. Maximum penalty: $10 000. CASINO ACT 1997 - SECT 71 71--Annual report (1) The Commissioner must, on or before 30 September in each year, prepare and present to the Authority a report on the administration of this Act during the preceding financial year. (2) The Authority must, on or before 31 October in each year, prepare and present to the Minister a report on its activities in relation to the casino during the preceding financial year. (3) The report must include-- (a) details of any statutory default occurring during the course of the relevant financial year; and (b) details of any disciplinary action taken by the Authority; and (c) the Commissioner's report on the administration of this Act together with any observations on that report that the Authority considers appropriate. (4) The Minister must, within 12 sitting days after receiving the Authority's report, have copies of the report laid before both Houses of Parliament. CASINO ACT 1997 - SECT 72 72--Regulations (1) The Governor may make regulations for the purposes of this Act. (2) A regulation may impose a penalty not exceeding $2 000 for contravention of, or failure to comply with, a provision of a regulation. CASINO ACT 1997 - SCHEDULE Schedule--Transitional provisions 1--Interpretation In this Schedule-- date of transition means the day on which the licence first granted under this Act comes into force; former licence means the licence in force under the former Act immediately before the commencement of this Act. 3--Transitional provision (1) The former licence continues in force under the former Act until the date of transition. (2) The former Act continues to apply, to the exclusion of this Act, to the former licence and the operation of the casino under that licence until the date of transition. (3) On the date of transition, the former licence is cancelled. CASINO ACT 1997 - NOTES Legislative history Notes * Amendments of this version that are uncommenced are not incorporated into the text. * Please note--References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. * Earlier versions of this Act (historical versions) are listed at the end of the legislative history. * For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation repealed by principal Act The Casino Act 1997 repealed the following: Casino Act 1983 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 1997 31 Casino Act 1997 19.6.1997 11.9.1997 (Gazette 11.9.1997 p703) except Pts 5 & 7 and s 71--19.6.1999 (s 7(5) Acts Interpretation Act 1915) 1999 47 Casino (Licence) Amendment Act 1999 12.8.1999 12.8.1999 2001 18 Statutes Amendment (Gambling Regulation) Act 2001 31.5.2001 Pt 3 (ss 11--15 & 17--19)--1.10.2001 (Gazette 13.9.2001 p4116); Pt 3 (s 16)--1.6.2002 (Gazette 30.5.2002 p1996) 2002 34 Statutes Amendment (Corporations--Financial Services Reform) Act 2002 28.11.2002 Pt 5 (ss 10--14)--1.8.2003 (Gazette 10.7.2003 p2913) 2006 17 Statutes Amendment (New Rules of Civil Procedure) Act 2006 6.7.2006 Pt 13 (ss 50 & 51)--4.9.2006 (Gazette 17.8.2006 p2831) 2006 43 Statutes Amendment (Domestic Partners) Act 2006 14.12.2006 Pt 12 (ss 38 & 39)--1.6.2007 (Gazette 26.4.2007 p1352) 2007 45 Statutes Amendment (Investigation and Regulation of Gambling Licensees) Act 2007 1.11.2007 Pt 3 (ss 9--12) & Sch 1 (cl 2)--1.11.2007 2008 48 Statutes Amendment (Power to Bar) Act 2008 4.12.2008 Pt 3 (ss 12--16)--1.3.2009 (Gazette 26.2.2009 p765) except new s 66A(6) (as inserted by s 15)--4.12.2010 (s 7(5) Acts Interpretation Act 1915) 2010 28 Gaming Machines (Miscellaneous) Amendment Act 2010 9.12.2010 Sch 1 (cl 1)--1.1.2011 (Gazette 16.12.2010 p5695) 2012 19 Statutes Amendment (Criminal Intelligence) Act 2012 24.5.2012 Pt 2 (ss 4 & 5)--uncommenced Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002 1.8.2003 Pt 1 s 2 omitted under Legislation Revision and Publication Act 2002 1.8.2003 s 2A inserted by 47/1999 s 2 12.8.1999 amended by 18/2001 s 11 1.10.2001 s 3 s 3(1) s 3 redesignated as s 3(1) by 47/1999 s 3 12.8.1999 authorised game substituted by 18/2001 s 12(a) 1.10.2001 Authority substituted by 18/2001 s 12(b) 1.10.2001 Commissioner amended by 18/2001 s 12(c) 1.10.2001 criminal intelligence inserted by 48/2008 s 12 1.3.2009 domestic partner inserted by 43/2006 s 38(1) 1.6.2007 gaming machine inserted by 18/2001 s 12(d) 1.10.2001 spouse inserted by 43/2006 s 38(2) 1.6.2007 substantial shareholder substituted by 34/2002 s 10(a) 1.8.2003 s 3(2) inserted by 47/1999 s 3 12.8.1999 amended by 34/2002 s 10(b) 1.8.2003 s 4 s 4(1) s 4 amended and redesignated as s 4(1) by 34/2002 s 11(a)--(c) 1.8.2003 amended by 43/2006 s 39 1.6.2007 s 4(2) inserted by 34/2002 s 11(c) 1.8.2003 Pt 2 s 5 substituted by 47/1999 s 4 12.8.1999 s 14 substituted by 47/1999 s 5 12.8.1999 s 14A inserted by 47/1999 s 5 12.8.1999 s 16 s 16(4a) inserted by 47/1999 s 6 12.8.1999 Pt 3 s 20 s 20(2) (d) deleted by 47/1999 s 7(a) 12.8.1999 s 20(4) substituted by 47/1999 s 7(b) 12.8.1999 s 20(5) deleted by 47/1999 s 7(b) 12.8.1999 s 22 s 22(2) substituted by 45/2007 s 9 1.11.2007 s 22(3) inserted by 45/2007 s 9 1.11.2007 s 23 s 23(4) amended by 18/2001 s 13 1.10.2001 s 24 s 24(1) s 24 redesignated as s 24(1) by 47/1999 s 8 12.8.1999 substituted by 45/2007 s 10 1.11.2007 s 24(2) inserted by 47/1999 s 8 12.8.1999 s 25 s 25(1) substituted by 45/2007 s 11(1) 1.11.2007 s 25(2) amended by 45/2007 s 11(2) 1.11.2007 s 25(3) amended by 45/2007 s 11(3) 1.11.2007 s 25(4) amended by 45/2007 s 11(4) 1.11.2007 Pt 4 Pt 4 Div 2 s 29 s 29(3) amended by 47/1999 s 9(a) 12.8.1999 s 29(5) amended by 47/1999 s 9(b) 12.8.1999 Pt 4 Div 4 ss 37A and 37B inserted by 18/2001 s 14 1.10.2001 s 38 s 38(1) amended by 47/1999 s 10 12.8.1999 amended by 18/2001 s 15 1.10.2001 Pt 4 Div 4A inserted by 18/2001 s 16 1.6.2002 s 41C s 41C(1) amended by 28/2010 Sch 1 cl 1(1) 1.1.2011 s 41C(4) amended by 28/2010 Sch 1 cl 1(2) 1.1.2011 Pt 4 Div 5 heading amended by 18/2001 s 17 1.10.2001 s 42 s 42(1) amended by 18/2001 s 18 1.10.2001 ss 42A and 42B inserted by 18/2001 s 19 1.10.2001 Pt 4 Div 7 s 45A inserted by 48/2008 s 13 1.3.2009 Pt 4 Div 9 inserted by 47/1999 s 11 12.8.1999 Pt 5 Pt 5 Div 1 s 49 s 49(2) amended by 34/2002 s 12 1.8.2003 s 50 s 50(1) amended by 34/2002 s 13 1.8.2003 Pt 5 Div 3 inserted by 45/2007 s 12 1.11.2007 Pt 7 s 56 amended by 47/1999 s 12 12.8.1999 s 63 s 63(2) substituted by 47/1999 s 13 12.8.1999 amended by 34/2002 s 14 1.8.2003 s 63(3) substituted by 47/1999 s 13 12.8.1999 s 63(4) inserted by 47/1999 s 13 12.8.1999 s 64 s 64(1) amended by 47/1999 s 14(a) 12.8.1999 s 64(2) amended by 47/1999 s 14(b) 12.8.1999 Pt 7 Div 7 inserted by 47/1999 s 15 12.8.1999 Pt 8 s 65 s 65(2) substituted by 48/2008 s 14(1) 1.3.2009 s 65(4) inserted by 48/2008 s 14(2) 1.3.2009 s 66 s 66(1) amended by 17/2006 s 50(1) 4.9.2006 s 66(2) amended by 17/2006 s 50(2) 4.9.2006 s 66A inserted by 48/2008 s 15 1.3.2009 except s 66A(6)--4.12.2010 Pt 9 s 68 s 68(2) amended by 17/2006 s 51 4.9.2006 s 69 substituted by 48/2008 s 16 1.3.2009 Sch cl 2 omitted under Legislation Revision and Publication Act 2002 1.8.2003 Transitional etc provisions associated with Act or amendments Statutes Amendment (Investigation and Regulation of Gambling Licensees) Act 2007, Sch 1--Transitional provisions 2--Casino Act--Recovery of administration costs incurred in 2007/2008 Section 52A of the Casino Act 1997 (as inserted by this Act) is to apply to the financial year 1 July 2007 to 30 June 2008 subject to the following modifications: (a) a reference to the financial year is to be read as a reference to the period commencing on the day on which this Act comes into operation and ending on 30 June 2008; (b) subsection (1) is to be read as though it required the notice to be provided not less than 1 month after the commencement of this Act; (c) subsection (3) is to be read as though it required the licensee, in each month of the financial year, to pay to the Commissioner an amount equal to the recoverable administration costs for the financial year divided by the number of months in the financial year following the notice under subsection (1). Historical versions Reprint No 1--12.8.1999 Reprint No 2--1.10.2001 Reprint No 3--1.6.2002 Reprint No 4--1.8.2003 4.9.2006 1.6.2007 1.11.2007 1.3.2009 4.12.2010