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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 2023
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Casino Control Act 1992 No 15 3
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, , 2023
New South Wales
Casino Control Amendment Bill 2023
Act No , 2023
An Act to amend the Casino Control Act 1992 to clarify that certain actions do not give rise to any
rights to compensation from the Crown; to authorise the Treasurer to enter into a jobs guarantee
agreement with a casino operator; 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 2023 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Casino Control Amendment Act 2023.
2 Commencement
This Act is taken to have commenced, or commences, as follows--
(a) for sections 1 and 2 and Schedule 1[3] and [4]--on 5 September 2022,
(b) otherwise--on the date of assent to this Act.
Page 2
Casino Control Amendment Bill 2023 [NSW]
Schedule 1 Amendment of Casino Control Act 1992 No 15
Schedule 1 Amendment of Casino Control Act 1992 No 15
[1] Section 35 Change in state of affairs of operator
Omit section 35(3). Insert instead--
(3) If a major change involves a person becoming a close associate of a casino
operator, the NICC must not grant approval for the major change unless the
NICC is satisfied--
(a) the person is a suitable person to be associated with the management of
a casino, or
(b) the person holds an exemption under section 42A(2)(a) or would be
eligible for the grant of an exemption under that paragraph.
[2] Section 35(5)(a)
Omit the paragraph. Insert instead--
(a) the NICC must inquire into the change to determine whether the NICC
is satisfied the person--
(i) is a suitable person to be associated with the management of a
casino, or
(ii) holds an exemption under section 42A(2)(a) or would be eligible
for the grant of an exemption under that paragraph, and
[3] Section 156 No compensation payable
Insert ", including an Act that affects or overrides the terms of a commercial agreement
between the Crown and a casino operator or that imposes a tax, duty or levy" after
"following Acts" in section 156(3), definition of regulatory action, paragraph (a).
[4] Section 156(3), definition of "regulatory action"
Insert at the end of paragraph (c)(iii)--
, or
(d) an announcement, statement or other action taken by the Crown in
preparation for, or otherwise in relation to, a matter mentioned in
paragraphs (a)-(c).
[5] Section 157
Insert after section 156--
157 Authorisation of jobs guarantee agreement
(1) The Treasurer may, on behalf of the State, enter into and give effect to an
agreement (a jobs guarantee agreement) with the relevant casino operator that
provides for--
(a) the minimum number of persons to be employed in relation to the casino
without penalties becoming payable, and
(b) the penalties payable for failure to comply with the jobs guarantee
agreement.
(2) To avoid doubt, another person or body may be a party to a jobs guarantee
agreement.
Example of another person or body that may be a party to the jobs guarantee
agreement-- a union representing persons employed at the casino or a close
associate of the casino operator
Page 3
Casino Control Amendment Bill 2023 [NSW]
Schedule 1 Amendment of Casino Control Act 1992 No 15
(3) Without limiting subsection (1), a jobs guarantee agreement may provide for
the following--
(a) a minimum number of persons to be employed in relation to the casino,
(b) the categories of roles in which persons are to be employed in relation
to the casino,
(c) the minimum number, or proportion, of persons employed in each of the
categories,
(d) the ways in which matters under paragraphs (a)-(c) are to be calculated,
(e) the penalties and other amounts payable by the relevant casino operator
or close associate of the relevant casino operator for failure to comply
with the requirement for a minimum number of persons to be employed
at the casino, including how the penalties are to be calculated and when
the penalties are payable,
(f) reports to be provided by the relevant casino operator or a close
associate of the relevant casino operator for the purposes of the jobs
guarantee agreement or to give effect to the jobs guarantee agreement.
(4) This section and a jobs guarantee agreement have effect despite anything to
the contrary--
(a) in this Act or another law, or
(b) at general law, or
(c) in the relevant casino operator's licence or an agreement or another
instrument under this Act or another law.
(5) The Treasurer may, at any time, with the agreement of the relevant casino
operator and any other party to the jobs guarantee agreement, vary the
agreement.
(6) A jobs guarantee agreement, and any variation of the agreement, must be
tabled in each House of Parliament within 10 business days after the
agreement or variation is entered into.
(7) A penalty or other amount payable by the relevant casino operator under a jobs
guarantee agreement is taken to be casino duty payable under Part 8.
(8) Without limiting subsection (7), if a penalty or other amount payable by the
relevant casino operator under a jobs guarantee agreement is not paid in
accordance with the jobs guarantee agreement--
(a) interest is payable on the penalty or other amount as if it were casino
duty that was not paid by the due date, and
(b) the penalty or other amount, and any interest payable on the penalty or
other amount, may be recovered under Part 8 as if it were casino duty
payable under that part.
(9) In this section--
give effect to, a jobs guarantee agreement, includes--
(a) complying with an obligation of the jobs guarantee agreement, and
Page 4
Casino Control Amendment Bill 2023 [NSW]
Schedule 1 Amendment of Casino Control Act 1992 No 15
(b) exercising or enforcing a power or right under the jobs guarantee
agreement.
relevant casino operator means the casino operator who holds the licence for
premises defined as a casino for the time being under section 19.
Page 5
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