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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Casino Control Amendment Bill 2018
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Casino Control Act 1992 No 15 3
Schedule 2 Amendment of Smoke-free Environment Act 2000 No 69 12
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2018
New South Wales
Casino Control Amendment Bill 2018
Act No , 2018
An Act to amend the Casino Control Act 1992 to make further provision for the regulation and
oversight of operations at the casino and the Barangaroo restricted gaming facility; and for other
purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Casino Control Amendment Bill 2018 [NSW]
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Casino Control Amendment Act 2018.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Page 2
Casino Control Amendment Bill 2018 [NSW]
Schedule 1 Amendment of Casino Control Act 1992 No 15
Schedule 1 Amendment of Casino Control Act 1992 No 15
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
junket--see section 76.
private gaming area means an area in a casino that is approved by the
Authority as a private gaming area.
Responsible Gambling Fund means the Fund established under section 115.
[2] Section 31
Omit the section. Insert instead:
31 Review of casino licence and operator suitability
(1) The Authority must, at intervals not exceeding 5 years, review a casino licence
by investigating and forming an opinion as to whether or not:
(a) the casino operator is a suitable person to continue to give effect to the
casino licence and this Act, and
(b) it is in the public interest that the casino licence should continue in
force.
(2) The Authority is to report its findings and opinion on a review under this
section to the Minister, giving reasons for its opinion, and is to take any action
under this Act that it considers appropriate in light of its findings.
(3) The regulations may postpone or extend the intervals between reviews
required under this section.
Note. See Part 11 of Schedule 4 for the transitional arrangements for reviews under
this section following the substitution of this section by the Casino Control Amendment
Act 2018 (including the arrangements for the first review under this section of the
restricted gaming licence).
[3] Section 36 Definitions
Insert ", not being a contract or a contract of a class that is prescribed by the regulations as
exempt from this definition" after "section 68 (1)" in paragraph (a) of the definition of
controlled contract.
[4] Section 45 Special employees to display identification
Omit "approved by the Authority" from section 45 (1).
Insert instead "issued in compliance with internal controls approved for the casino under
section 124".
[5] Section 46 Application for licence
Omit "fee determined by the Authority" from section 46 (1) (a).
Insert instead "fee prescribed by the regulations".
[6] Section 46 (3A) and (3B)
Insert after section 46 (3):
(3A) The Authority may refer to the Commissioner of Police details of the
applicant, copies of any photographs, finger prints and palm prints taken and
any supporting information that the Authority considers appropriate for
referral to the Commissioner.
Page 3
Casino Control Amendment Bill 2018 [NSW]
Schedule 1 Amendment of Casino Control Act 1992 No 15
(3B) The Commissioner of Police is to inquire into and report to the Authority on
such matters concerning the application as the Authority may request.
[7] Section 52 Determination of applications
Insert "(a suitability assessment)" after "assessment" in section 52 (3).
[8] Section 52 (3A)
Insert after section 52 (3):
(3A) In the case of an application for a licence that will only authorise the exercise
of functions that comprise the carrying on of a security activity (within the
meaning of the Security Industry Act 1997) for which the applicant holds a
licence under that Act:
(a) the Authority is entitled to determine the application on the assumption
that the applicant is a suitable person to hold a licence and that a
suitability assessment is not required, and
(b) accordingly the Authority is not required to investigate or inquire into
the application.
[9] Section 55 Duration of licence
Omit section 55 (c).
[10] Section 55 (e)
Omit "5 years". Insert instead "7 years".
[11] Section 56 Renewal of licence
Omit "fee determined by the Authority" from section 56 (2).
Insert instead "fee prescribed by the regulations".
[12] Section 59 Disciplinary action against licensee
Insert after section 59 (7):
(8) The Authority is not required to give reasons for its decision to take
disciplinary action against a licensee under this section but may give reasons
if it thinks fit.
(9) The Authority is to notify the Commissioner of Police of any disciplinary
action taken against a licensee under this section if the Authority is aware that
the licensee is the holder of a licence under the Security Industry Act 1997.
[13] Section 65
Omit the section. Insert instead:
65 Approval of facilities and equipment for monitoring and surveillance
It is a condition of a casino licence that:
(a) the facilities and equipment provided for persons conducting
monitoring and surveillance of operations in the casino must be to a
standard approved by the Authority, and
(b) the location and orientation of those facilities and equipment must be as
approved by the Authority.
Page 4
Casino Control Amendment Bill 2018 [NSW]
Schedule 1 Amendment of Casino Control Act 1992 No 15
[14] Section 66 Approval of games and rules for games
Omit "Authority's website" from section 66 (1A).
Insert instead "casino's website".
[15] Section 67 Directions as to games to be available in casino
Omit the section.
[16] Section 70 Conduct of gaming
Insert after section 70 (1):
(1A) A casino operator is permitted to provide complimentary chip purchase
vouchers to a person who is a patron of a private gaming area, a participant in
a premium player arrangement or junket, or a patron of the Barangaroo
restricted gaming facility, and the following provisions apply in respect of any
such complimentary chip purchase voucher:
(a) chips may be issued for gaming in the casino that are paid for by means
of a complimentary chip purchase voucher,
(b) wagers may be placed in the casino by means of a complimentary chip
purchase voucher (not just by means of chips paid for by means of a
complimentary chip purchase voucher).
[17] Section 70 (2)
Insert "(other than chips issued for use in a tournament or for training purposes)" after
"chips" where firstly occurring.
[18] Section 70 (2) (c)
Insert "(other than complimentary chip purchase vouchers)" after "chip purchase
vouchers".
[19] Section 70 (2) (c1)
Insert after section 70 (2) (c):
(c1) a complimentary chip purchase voucher must not be wholly or partly
redeemed for money or a cheque,
[20] Section 71 Times of operation of casino
Omit the section.
[21] Section 72 Assistance to patrons
Omit section 72 (1) (c). Insert instead:
(c) a summary of the game rules in respect of a game played in the casino
is provided to a casino patron on request, being a summary that is not
misleading and includes a statement indicating that it is only a summary
of the game rules, and
[22] Section 72 (1) (d)
Insert "(with such a sign not being required at an electronic gaming terminal if the terminal
display indicates the permissible minimum and maximum wagers for the game concerned)"
after "game played there".
Page 5
Casino Control Amendment Bill 2018 [NSW]
Schedule 1 Amendment of Casino Control Act 1992 No 15
[23] Section 72 (1) (e)
Omit the paragraph. Insert instead:
(e) any change to a minimum wager to a higher minimum wager in respect
of a game at a table or location does not apply for at least 20 minutes to
a player who is playing at the table or location at the time of the change.
[24] Section 74 Credit prohibited
Insert "(or by means of a complimentary chip purchase voucher as permitted by
section 70)" after "chips" in section 74 (1) (a).
[25] Section 74 (1) (c)
Insert "(other than a debit card transaction with a person who is a participant in a premium
player arrangement or junket)" after "debit card".
[26] Section 74 (1) (d)
Omit "or".
[27] Section 74 (1) (e)
Omit the paragraph.
[28] Section 74 (5)
Omit "the holder of a restricted gaming licence".
Insert instead "a casino operator (or an agent of the operator or a casino employee)".
[29] Section 74 (5) (b)
Omit "within the meaning of section 76".
[30] Section 75 Cheques and deposit accounts
Insert in alphabetical order in section 75 (1):
related casino operator means a casino operator in another State or Territory
that is related (within the meaning of the Corporations Act 2001 of the
Commonwealth) to a casino operator under this Act.
[31] Section 75 (2)
Omit "A casino operator may establish for a person a deposit account".
Insert instead "A person may establish with a casino operator a deposit account".
[32] Section 75 (3)
Omit the subsection. Insert instead:
(3) A casino operator may debit to a deposit account established with the casino
operator or with a related casino operator an amount to the value of chip
purchase vouchers issued to, money paid to or a cheque made payable to the
account holder by the casino operator, but not so as to cause the account to be
overdrawn at any time.
[33] Section 75 (6) (a)
Omit the paragraph.
Page 6
Casino Control Amendment Bill 2018 [NSW]
Schedule 1 Amendment of Casino Control Act 1992 No 15
[34] Section 76 Junkets and inducements
Omit "In this section" from section 76 (3). Insert instead "In this Act".
[35] Section 79 Exclusion of persons from casino
Omit "by order given to a person verbally or in writing" from section 79 (1).
Insert instead "by order in writing (an exclusion order) given to a person".
[36] Section 79 (2)
Omit the subsection.
[37] Section 79 (3)
Omit the subsection. Insert instead:
(3) The Authority or a casino operator must give an exclusion order to a person on
the person's voluntary application to the Authority or casino operator and the
following provisions apply in respect of a voluntary application for an
exclusion order:
(a) the application must be in writing and the person's signature on it must
be witnessed in a manner determined by the Authority,
(b) a voluntary application can relate to either or both casinos,
(c) a voluntary application relating to both casinos can be made to the
Authority or to either casino operator,
(d) a voluntary application relating to both casinos that is made to a casino
operator is to be notified by the casino operator to the other casino
operator without delay and is to be dealt with by the casino operators as
if made to each of them.
[38] Section 79 (4) and (4A)
Omit "a written order is given to a person under this section" wherever occurring.
Insert instead "an exclusion order is given to a person".
[39] Section 81 Commissioner of Police may direct that person be excluded from casino
and casino precinct
Omit section 81 (1). Insert instead:
(1) The Commissioner of Police may direct that a person be given an exclusion
order by giving a direction to both casino operators to give the person or cause
the person to be given an exclusion order and it is a condition of each casino
licence that the casino operator must comply with the direction.
Note. Such a direction must be given to both casino operators so that the person will
be banned from both casinos.
[40] Section 81 (4)
Omit section 81 (4) and (5). Insert instead:
(4) The regulations may declare the whole or a specified part of specified
premises that form part of or are in the immediate vicinity of the building or
complex of which a casino forms part to be the casino precinct for the
purposes of this section and this section then has effect as if the casino precinct
formed part of the casino.
Page 7
Casino Control Amendment Bill 2018 [NSW]
Schedule 1 Amendment of Casino Control Act 1992 No 15
[41] Section 82 Duration and revocation of exclusion orders
Insert after section 82 (3):
(3A) The following requirements apply to the revocation of an exclusion order
given on the voluntary application of a person under section 79 (3):
(a) the order cannot be revoked except on the written application of the
person,
(b) the person cannot apply for revocation of the order within 6 months (or
such other period as may be prescribed by the regulations) after the
order was given.
[42] Section 83 List of excluded persons
Omit section 83 (2). Insert instead:
(2) It is a condition of a casino licence that the casino operator must on request by
the Authority or an inspector provide the Authority or the inspector, as soon as
practicable after the request is made, with a copy of the list referred to in
subsection (1) that bears the date of the day on which the request is made.
[43] Section 85 Removal of excluded person from casino
Insert after section 85 (5):
(6) This section does not authorise or require a person to be removed from or
prevented from entering any part of the casino precinct (declared by the
regulations under section 81) unless that part of the casino precinct is under the
control or management of the casino operator.
(7) A person to whom this section applies must, as soon as practicable after it
becomes known to the person that a person the subject of an exclusion order
that extends to the casino precinct is in any part of the casino precinct that is
not under the control or management of the casino operator, notify a police
officer of that fact.
Maximum penalty: 20 penalty units.
[44] Section 86A
Insert after section 86:
86A Wagering by minors and excluded persons prohibited
(1) A person is prohibited from making any wager in a casino if the person is a
minor or is the subject of an exclusion order for the casino.
(2) A person is not entitled to any winnings from a successful wager in a casino
that the person is prohibited from making by this section and those winnings
are forfeited to the casino operator by operation of this section. The winnings
from a wager do not include the amount wagered.
(3) A casino operator must pay the amount of any winnings forfeited to the casino
operator by operation of this section into the Responsible Gambling Fund
within 3 months after the winnings are forfeited.
Maximum penalty: 50 penalty units.
(4) For the purposes of this section, winnings includes any prize (whether
monetary or non-monetary) and winnings in the form of credits on gaming
machines or electronic gaming tables. The amount of any non-monetary prize
is the monetary value of the non-monetary prize.
Page 8
Casino Control Amendment Bill 2018 [NSW]
Schedule 1 Amendment of Casino Control Act 1992 No 15
[45] Section 89A Application of Smoke-free Environment Act 2000
Omit section 89A (1). Insert instead:
(1) The Smoke-free Environment Act 2000 does not apply to or in respect of:
(a) the Barangaroo restricted gaming facility, or
(b) a private gaming area within a casino that is approved by the Authority
for the time being as a private gaming area in which that Act is not to
apply.
[46] Section 89A (2)
Omit "restricted gaming licence". Insert instead "casino licence".
[47] Section 89A (2) (a)
Insert "and in any private gaming areas of a casino where the Smoke-free Environment Act
2000 does not apply" after "restricted gaming facility".
[48] Section 89A (2) (b) and (3)
Omit "for Health" wherever occurring.
[49] Section 90
Insert after section 89A:
90 Unclaimed winnings
(1) A casino operator must pay the amount of any unclaimed winnings from
games played in the casino into the Responsible Gambling Fund within
3 months after the winnings become unclaimed winnings.
Maximum penalty: 50 penalty units.
(2) Winnings become unclaimed winnings if they are not claimed within
12 months after a win. Unclaimed winnings are not subject to any deduction
for the amount wagered.
(3) For the purposes of this section, winnings includes any prize (whether
monetary or non-monetary) and winnings in the form of credits on gaming
machines or electronic gaming tables. The amount of any non-monetary prize
is the monetary value of the non-monetary prize.
[50] Section 94 Minors in casino--offences by casino operator
Omit section 94 (2). Insert instead:
(2) If a minor is in a casino, the casino operator is guilty of an offence unless the
minor is immediately removed from the casino.
Maximum penalty: 50 penalty units.
(2A) If a minor is removed from the casino by an agent or employee of the casino
operator, the casino operator must notify the Authority of the removal within
24 hours after the minor is removed.
Maximum penalty: 50 penalty units.
[51] Section 94 (3)
Omit "under this section". Insert instead "under subsection (1) or (2)".
Page 9
Casino Control Amendment Bill 2018 [NSW]
Schedule 1 Amendment of Casino Control Act 1992 No 15
[52] Section 115 Responsible gambling levy and fund
Insert after section 115 (8):
(9) Amounts paid into the Fund under section 86A (Wagering by minors and
excluded persons prohibited) or 90 (Unclaimed winnings) are to be applied
under this section in the same way as levies paid into the Fund under this
section, and for that purpose a trust deed under this section applies to any such
amounts as if they were levies paid into the Fund (but not so as to reduce the
levies payable under this section).
[53] Section 119 Interest on overdue amounts
Insert after section 119 (5):
(6) If an amount required to be paid into the Responsible Gambling Fund under
section 86A (Wagering by minors and excluded persons prohibited) or 90
(Unclaimed winnings) is not paid into the Fund by the date required for
payment, interest is payable under this section as if the amount were
responsible gambling levy not paid by the due date.
[54] Section 124 Approved system of controls and procedures to be implemented
Omit section 124 (1). Insert instead:
(1) It is a condition of a casino licence that the casino operator is to conduct
operations in the casino in accordance with a system of internal controls and
administrative and accounting procedures for the casino that have been
approved of in writing by the Authority.
[55] Section 124 (4)
Omit the subsection. Insert instead:
(4) A casino operator must not contravene a requirement of an internal control or
administrative or accounting procedure that is approved for the time being
under this section for the casino.
Maximum penalty: 200 penalty units.
[56] Schedule 4 Savings and transitional provisions
Insert after Part 10:
Part 11 Provisions consequent on enactment of Casino
Control Amendment Act 2018
37 Definition
In this Part:
amending Act means the Casino Control Amendment Act 2018.
38 Review of casino licence and operator suitability
The following requirements apply to the first review of a casino licence under
section 31 as substituted by the amending Act:
(a) the first review of a restricted gaming licence is to be conducted within
3 years after gaming commences under the restricted gaming licence,
(b) the first review of a casino licence that is not a restricted gaming licence
is to be conducted concurrently with the first review of a restricted
gaming licence (even if the first review of a restricted gaming licence
Page 10
Casino Control Amendment Bill 2018 [NSW]
Schedule 1 Amendment of Casino Control Act 1992 No 15
occurs more than 5 years after section 31 is substituted by the amending
Act).
39 Duration of special employee licences
The amendment made by the amending Act to section 55 (e) extends to a
licence that is in force when the amendment commences.
Page 11
Casino Control Amendment Bill 2018 [NSW]
Schedule 2 Amendment of Smoke-free Environment Act 2000 No 69
Schedule 2 Amendment of Smoke-free Environment Act 2000
No 69
[1] Section 4 Definitions
Omit the definition of exempt area.
[2] Section 6 Smoke-free areas--enclosed public places
Omit section 6 (3).
[3] Part 3 Exempt areas
Omit the Part.
[4] Schedule 1 Examples of places that are smoke-free if they are enclosed public places
Omit "a casino private gaming area or".
Page 12
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