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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Casino Control Amendment (Barangaroo
Restricted Gaming Facility) Bill 2013
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to amend the Casino Control Act 1992 (the principal Act) to authorise
the conduct of gaming in a restricted gaming facility to be situated at Barangaroo South. The
following restrictions will apply in relation to gaming in the Barangaroo restricted gaming facility:
(a) gaming is not authorised until 15 November 2019,
(b) the playing of poker machines is not authorised,
(c) minimum bet limits will apply,
(d) only persons who, under the conditions of the licence for the facility, are members or guests
of the gaming facility will be authorised to participate in gaming activities.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.
Schedule 1 Amendment of Casino Control Act 1992 No 15
Schedule 1 [2] defines the Barangaroo restricted gaming facility as the premises situated on that
part of Barangaroo South identified as the site of the Barangaroo restricted gaming facility on the
map accompanying the Bill for the proposed Act on its introduction into the Legislative Assembly
(see Schedule 1 [5]) and defined by the Independent Liquor and Gaming Authority (the
b2013-144-35.d25
Casino Control Amendment (Barangaroo Restricted Gaming Facility) Bill 2013 [NSW]
Explanatory note
Authority) under proposed section 19A (see Schedule 1 [17]). The boundaries (ie the area) of the
Barangaroo restricted gaming facility are to be defined by the Authority in the licence for the
facility and may be redefined by the Authority on application by the licence holder. However, the
Authority is to ensure the total gaming area within the Barangaroo restricted gaming facility does
not exceed 20,000 square metres.
Schedule 1 [11] enables a restricted gaming licence to be granted by the Authority to operate the
Barangaroo restricted gaming facility. Only one such licence may be in force at any one time.
Schedule 1 [3] provides that the term casino includes the Barangaroo restricted gaming facility
(which also means that a restricted gaming licence is treated as a type of casino licence for the
purposes of the principal Act). Schedule 1 [1], [4], [9], [10], [16] and [29] are consequential
amendments.
Schedule 1 [6] and [7] ensure that gambling in the Barangaroo restricted gaming facility is lawful
only if it is conducted in accordance with the principal Act (which will include the restrictions
imposed by the proposed Act).
Schedule 1 [8] enables the Minister to give directions to the Authority in relation to the granting
of a restricted gaming licence.
Schedule 1 [12] provides that a person approved by the Minister may apply for a restricted gaming
licence and that the Authority must be satisfied that the approved applicant and each close
associate of the applicant is a suitable person to be concerned in or associated with the
management and operation of the Barangaroo restricted gaming facility.
Schedule 1 [13] and [14] ensure that the Authority may carry out investigations in relation to an
application for a restricted gaming licence.
Schedule 1 [15] makes it clear that a licence under the principal Act is subject to conditions
imposed by the Act (and not just those imposed by the Authority).
Schedule 1 [18] provides that the Authority may only amend the conditions of a restricted gaming
licence with the agreement of the licence holder. Schedule 1 [19] is a consequential amendment
and Schedule 1 [20] makes it clear that licence conditions imposed by the principal Act cannot be
amended by the Authority.
Schedule 1 [21] imposes restrictions on gaming in the Barangaroo restricted gaming facility.
Gaming is not authorised before 15 November 2019 and poker machines are not permitted.
Minimum bet limits will also apply. Only persons who are members or guests of the Barangaroo
restricted gaming facility will be allowed to gamble.
Schedule 1 [22] provides that the regular intervals for the investigation by the Authority of a
restricted gaming licence after it is granted start when gaming is authorised to start in the
Barangaroo restricted gaming facility (ie from 15 November 2019).
Schedule 1 [23] provides that certain facilities and equipment for conducting monitoring and
surveillance operations in the Barangaroo restricted gaming facility must be to a standard
approved by the Authority.
Schedule 1 [24] provides that certain games are taken to have been approved by the Authority in
relation to the Barangaroo restricted gaming facility and Schedule 1 [25] provides that keno
games cannot be approved to be played in the facility.
Schedule 1 [26] provides that the power of the Authority to give directions to a casino operator
about the games to be played in a casino does not apply in relation to the Barangaroo restricted
gaming facility.
Schedule 1 [27] provides that the Authority cannot give directions as to the times of operation of
the Barangaroo restricted gaming facility.
Schedule 1 [28] enables the operator of the Barangaroo restricted gaming facility to extend credit
to overseas patrons for certain purposes.
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Casino Control Amendment (Barangaroo Restricted Gaming Facility) Bill 2013 [NSW]
Explanatory note
Schedule 1 [30] provides that the Smoke-free Environment Act 2000 does not apply to the
Barangaroo restricted gaming facility once gaming is authorised in the facility. However the
conditions of the licence for the facility must require the installation, maintenance and operation
of air quality equipment and for the testing of that equipment.
Schedule 1 [31] omits a redundant provision relating to places of public entertainment.
Schedule 1 [32] enables the Minister to direct the Authority to conduct negotiations and enter into
agreements relating to the establishment of the Barangaroo restricted gaming facility.
Schedule 1 [33] provides that the exclusion of Crown liability for certain action taken under the
principal Act in relation to a licence does not apply in relation to a restricted gaming licence.
Schedule 2 Amendment of other Acts
Schedule 2.1 amends the Gaming Machines Act 2001 to provide that the Authority cannot under
that Act authorise the keeping of gaming machines (ie poker machines) on any premises situated
on the site of the Barangaroo restricted gaming facility.
Schedule 2.2 amends the Unlawful Gambling Act 1998 to ensure that the prohibitions under that
Act do not apply to lawful gambling in the Barangaroo restricted gaming facility.
Page 3
First print
New South Wales
Casino Control Amendment (Barangaroo
Restricted Gaming Facility) Bill 2013
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 other Acts 10
b2013-144-35.d25
New South Wales
Casino Control Amendment (Barangaroo
Restricted Gaming Facility) Bill 2013
No , 2013
A Bill for
An Act to amend the Casino Control Act 1992 to provide for the licensing and regulation of a
restricted gaming facility at Barangaroo South; and for other purposes.
Casino Control Amendment (Barangaroo Restricted Gaming Facility) Bill 2013 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Casino Control Amendment (Barangaroo Restricted Gaming 3
Facility) Act 2013. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Casino Control Amendment (Barangaroo Restricted Gaming Facility) Bill 2013 [NSW]
Schedule 1 Amendment of Casino Control Act 1992 No 15
Schedule 1 Amendment of Casino Control Act 1992 No 15 1
[1] Long title 2
Insert "and to provide for the licensing of a restricted gaming facility at Barangaroo South" 3
after "operations". 4
[2] Section 3 Definitions 5
Insert in alphabetical order in section 3 (1): 6
Barangaroo restricted gaming facility means premises: 7
(a) situated or proposed to be situated on that part of Barangaroo (within the 8
meaning of the Barangaroo Delivery Authority Act 2009) identified as 9
the site of the Barangaroo restricted gaming facility on the Barangaroo 10
Restricted Gaming Facility Site Map, and 11
(b) defined for the time being under section 19A. 12
restricted gaming licence means a casino licence relating to the Barangaroo 13
restricted gaming facility. 14
[3] Section 3 (1) 15
Omit the definition of casino. Insert instead: 16
casino means: 17
(a) premises defined as a casino for the time being under section 19, or 18
(b) the Barangaroo restricted gaming facility. 19
[4] Section 3 (1), definition of "casino operator" 20
Insert at the end of the definition: 21
Note. References in this Act to the casino operator include references to the holder of 22
a restricted gaming licence. 23
[5] Section 3 (4)-(7) 24
Insert after section 3 (3): 25
(4) The reference in the definition of Barangaroo restricted gaming facility to the 26
Barangaroo Restricted Gaming Facility Site Map is a reference to a map by 27
that name: 28
(a) as tabled, by or on behalf of the Minister introducing the Bill for the 29
Casino Control Amendment (Barangaroo Restricted Gaming Facility) 30
Act 2013, in the Legislative Assembly on the day that the Bill was 31
introduced (the original map), and 32
(b) as amended or replaced from time to time by a map declared by 33
proclamation to amend or replace the original map. 34
(5) However, the site of the Barangaroo restricted gaming facility must remain in 35
the area identified as Barangaroo South on the original map. 36
(6) The Barangaroo Restricted Gaming Facility Site Map is to be kept and made 37
available for public access in accordance with arrangements approved by the 38
Minister. 39
(7) For the purposes of this Act, the Barangaroo Restricted Gaming Facility Site 40
Map may be in, and may be kept and made available in, electronic or paper 41
form, or both. 42
Note. The map is to be made available on the official NSW legislation website in 43
connection with this Act. 44
Page 3
Casino Control Amendment (Barangaroo Restricted Gaming Facility) Bill 2013 [NSW]
Schedule 1 Amendment of Casino Control Act 1992 No 15
[6] Section 4 Gaming in licensed casino declared lawful 1
Insert "but subject to this Act" after "any other Act or law" in section 4 (1). 2
[7] Section 4 (2) 3
Insert "and in accordance with this Act" after "the casino operator". 4
[8] Section 5A 5
Insert after section 5: 6
5A Ministerial directions relating to licensing of Barangaroo restricted gaming 7
facility 8
(1) The Minister may give directions to the Authority in relation to the granting of 9
a restricted gaming licence, including directions relating to the terms and 10
conditions of the licence and the boundaries of the Barangaroo restricted 11
gaming facility. 12
(2) A direction under this section must be in writing and made publicly available 13
on the Authority's website. 14
(3) The Authority must exercise its functions in relation to a restricted gaming 15
licence in accordance with any directions of the Minister under this section. 16
(4) This section does not apply in relation to the functions of the Authority under 17
section 13A. 18
[9] Part 2, heading 19
Insert "and Barangaroo restricted gaming facility" after "casino". 20
[10] Section 6 Only one casino and one restricted gaming facility 21
Omit "Only". Insert instead "Subject to subsection (2), only". 22
[11] Section 6 (2) and (3) 23
Insert at the end of section 6: 24
(2) A restricted gaming licence may be granted under this Act to operate the 25
Barangaroo restricted gaming facility. Only one restricted gaming licence may 26
be in force under this Act at any one time. 27
Note. The Barangaroo restricted gaming facility is treated as a casino for the purposes 28
of this Act (see the definition of casino). Except where otherwise specifically provided, 29
the provisions of this Act that relate to a casino or a casino licence also apply in relation 30
to the Barangaroo restricted gaming facility and a restricted gaming licence. 31
(3) Sections 7-12 do not apply in relation to an application for a restricted gaming 32
licence. 33
[12] Sections 13 and 13A 34
Insert after section 12: 35
13 Application for restricted gaming licence 36
(1) A person who is approved by the Minister in writing (the approved applicant) 37
may apply to the Authority for a restricted gaming licence to operate the 38
Barangaroo restricted gaming facility. 39
(2) An application for a restricted gaming licence must comply with the following 40
requirements (except to the extent that the Minister otherwise determines): 41
(a) it must be made in a form approved by the Authority, 42
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Casino Control Amendment (Barangaroo Restricted Gaming Facility) Bill 2013 [NSW]
Schedule 1 Amendment of Casino Control Act 1992 No 15
(b) it must contain or be accompanied by such information as the 1
application form requires and such additional information as the 2
Authority may request, 3
(c) it must be verified by statutory declaration. 4
13A Restricted gaming licence--suitability of applicant and close associates of 5
applicant 6
(1) The Authority must not grant an application for a restricted gaming licence 7
unless it is satisfied that the approved applicant, and each close associate of the 8
approved applicant, is a suitable person to be concerned in or associated with 9
the management and operation of the Barangaroo restricted gaming facility. 10
(2) For that purpose, the Authority is to consider whether: 11
(a) each of those persons is of good repute, having regard to character, 12
honesty and integrity, and 13
(b) each of those persons is of sound and stable financial background, and 14
(c) if the approved applicant is not a natural person, it has or has arranged 15
a satisfactory ownership, trust or corporate structure, and 16
(d) the approved applicant has or is able to obtain financial resources that 17
are both suitable and adequate for ensuring the financial viability of the 18
Barangaroo restricted gaming facility, and 19
(e) the approved applicant has or is able to obtain the services of persons 20
who have sufficient experience in the management and operation of a 21
casino or similar gaming facility, and 22
(f) the approved applicant has sufficient business ability to maintain a 23
successful gaming facility, and 24
(g) any of those persons has any business association with any person, body 25
or association who, in the opinion of the Authority, is not of good repute 26
having regard to character, honesty and integrity or has undesirable or 27
unsatisfactory financial sources, and 28
(h) each director, partner, trustee, executive officer and secretary and any 29
other officer or person determined by the Authority to be associated or 30
connected with the ownership, administration or management of the 31
operations or business of the approved applicant or a close associate of 32
the approved applicant is a suitable person to act in that capacity. 33
(3) The following is to be taken into account by the Authority for the purposes of 34
this section: 35
(a) any information relevant to the application that has been provided to or 36
received by the Authority in the course of any investigation or inquiry 37
in relation to the suitability of the approved applicant or close associate 38
of the approved applicant and any findings made in relation to any such 39
investigation or inquiry, 40
(b) the fact that gaming is not authorised in the Barangaroo restricted 41
gaming facility before 15 November 2019. 42
[13] Sections 14 (1) and (4), 15 (1), 16 (1) and 17 (1) 43
Insert "or restricted gaming licence" after "casino licence" wherever occurring. 44
[14] Section 14 Investigation of applications 45
Insert "or the Barangaroo restricted gaming facility (as the case requires)" after "a casino" 46
in section 14 (2) (a). 47
Page 5
Casino Control Amendment (Barangaroo Restricted Gaming Facility) Bill 2013 [NSW]
Schedule 1 Amendment of Casino Control Act 1992 No 15
[15] Section 18 Determination of applications 1
Insert after section 18 (4): 2
(5) A licence is also subject to conditions imposed by this Act. 3
[16] Section 19 Authority to define casino premises 4
Insert after section 19 (3): 5
(4) This section does not apply in relation to the Barangaroo restricted gaming 6
facility. 7
[17] Section 19A 8
Insert after section 19: 9
19A Boundaries of Barangaroo restricted gaming facility 10
(1) The boundaries of the Barangaroo restricted gaming facility are to be defined 11
initially by being specified in the restricted gaming licence for the facility. 12
(2) The boundaries of the Barangaroo restricted gaming facility may be redefined 13
by the Authority but only on application made at any time by the holder of the 14
restricted gaming licence. 15
(3) In defining or redefining the boundaries of the Barangaroo restricted gaming 16
facility, the Authority is: 17
(a) to have regard only to matters of public health and safety and matters 18
that relate to the integrity of gaming in the facility in accordance with 19
this Act, and 20
(b) to ensure that the total gaming area within the Barangaroo restricted 21
gaming facility does not exceed 20,000 square metres. 22
[18] Section 22 Conditions of casino licence 23
Insert after section 22 (2): 24
(2A) In the case of a restricted gaming licence, the conditions of the licence may be 25
amended only with the agreement of the holder of the licence. 26
[19] Section 22 (4) 27
Omit "The Authority". Insert instead "Subject to subsection (2A), the Authority". 28
[20] Section 22 (6) 29
Insert after section 22 (5): 30
(6) This section does not apply to licence conditions imposed by this Act. 31
[21] Sections 22A and 22B 32
Insert after section 22: 33
22A Restrictions on gaming in Barangaroo restricted gaming facility 34
Note. Conducting or participating in gaming that is declared under this section not to 35
be lawful is an offence under the Unlawful Gambling Act 1998. 36
(1) Gaming not lawful before 15 November 2019 37
The conduct or playing of any game in the Barangaroo restricted gaming 38
facility is not lawful before 15 November 2019. 39
Page 6
Casino Control Amendment (Barangaroo Restricted Gaming Facility) Bill 2013 [NSW]
Schedule 1 Amendment of Casino Control Act 1992 No 15
(2) Poker machines not lawful 1
The playing of poker machines is not lawful in the Barangaroo restricted 2
gaming facility. 3
(3) For the purposes of subsection (2), a poker machine is a device that is 4
designed: 5
(a) for the playing of a game, and 6
(b) for paying out money or tokens or for registering a right to an amount 7
of money or money's worth to be paid. 8
(4) However, a poker machine does not include a device that: 9
(a) is designed for the playing of a partly or fully electronic version of a 10
game ordinarily played at a table, and 11
(b) is able to be played by more than one player at the one time, and 12
(c) is equipped with more than one player terminal. 13
Note. Under section 66 it is a condition of a casino licence that the casino operator 14
must not permit a game to be conducted or played in a casino (which includes the 15
Barangaroo restricted gaming facility) unless the game is approved by the Authority. 16
(5) Low limit gaming not lawful in Barangaroo restricted gaming facility 17
The playing of any game in the Barangaroo restricted gaming facility is not 18
lawful if the amount placed for any single bet or wager on that game is less 19
than the minimum bet limit for that game. 20
(6) The minimum bet limit is: 21
(a) in the case of baccarat, blackjack or roulette (whether played at a table 22
or by way of an electronic device): 23
(i) $30 for baccarat, $20 for blackjack and $25 for roulette, or 24
(ii) such higher amount as may be determined by the Authority in 25
accordance with the licence for the Barangaroo restricted gaming 26
facility, or 27
Note. In the case of roulette, the minimum bet limit is the minimum total of all 28
the bets placed by a player per spin. 29
(b) in the case of any other game--the amount determined by the Authority 30
in accordance with the licence for the Barangaroo restricted gaming 31
facility. 32
(7) Any determination by the Authority under subsection (6) must be made 33
publicly available on the Authority's website. 34
22B Only members and guests permitted to participate in gaming at Barangaroo 35
restricted gaming facility 36
It is a condition of a restricted gaming licence that only persons who, in 37
accordance with the conditions of the licence, are members or guests of the 38
Barangaroo restricted gaming facility are authorised by the licence to 39
participate in any gaming in the facility. 40
[22] Section 31 Regular investigation of operator's suitability etc 41
Insert after section 31 (2): 42
(3) If a restricted gaming licence is granted before 15 November 2019, the licence 43
is, for the purposes of this section, taken to have been granted on that date. 44
Page 7
Casino Control Amendment (Barangaroo Restricted Gaming Facility) Bill 2013 [NSW]
Schedule 1 Amendment of Casino Control Act 1992 No 15
[23] Section 65 Casino layout to be as approved by Authority 1
Insert after section 65 (3): 2
(4) This section does not apply in relation to the Barangaroo restricted gaming 3
facility. 4
(5) However, it is a condition of a restricted gaming licence that: 5
(a) the facilities and equipment provided for persons conducting 6
monitoring operations and surveillance operations in the Barangaroo 7
restricted gaming facility must be to a standard approved by the 8
Authority, and 9
(b) the location and orientation of those facilities and equipment must be as 10
approved by the Authority. 11
[24] Section 66 Approval of games and rules for games 12
Insert after section 66 (3): 13
(3A) The following games are taken to be approved by the Authority by order under 14
this section in relation to the Barangaroo restricted gaming facility: 15
(a) baccarat, 16
(b) blackjack, 17
(c) roulette. 18
(3B) The Authority may, by order in writing, approve the rules for those games that 19
are taken to be approved by the Authority under subsection (3A). 20
[25] Section 66 (4A) 21
Insert after section 66 (4): 22
(4A) Keno games cannot be approved in relation to the Barangaroo restricted 23
gaming facility. 24
[26] Section 67 Directions as to games in casino to be available 25
Insert after section 67 (4): 26
(5) This section does not apply in relation to the Barangaroo restricted gaming 27
facility. 28
[27] Section 71 Times of operation of casino 29
Insert after section 71 (3): 30
(4) This section does not apply in relation to the Barangaroo restricted gaming 31
facility. 32
[28] Section 74 Credit prohibited 33
Insert after section 74 (4): 34
(5) Despite any other provision of this section, the holder of a restricted gaming 35
licence may, in the case of a person who is not ordinarily resident in Australia, 36
extend any form of credit to the person to enable the person to participate in: 37
(a) a premium player arrangement, or 38
(b) a junket within the meaning of section 76 that is approved by the 39
Authority. 40
Page 8
Casino Control Amendment (Barangaroo Restricted Gaming Facility) Bill 2013 [NSW]
Schedule 1 Amendment of Casino Control Act 1992 No 15
[29] Section 89 Application of Liquor Act 2007 1
Omit "the casino" from section 89 (2). Insert instead "a casino". 2
[30] Section 89A 3
Insert after section 89: 4
89A Application of Smoke-free Environment Act 2000 5
(1) The Smoke-free Environment Act 2000 does not apply to or in respect of the 6
Barangaroo restricted gaming facility on and from 15 November 2019. 7
(2) However, the conditions imposed by the Authority on a restricted gaming 8
licence must: 9
(a) require air quality equipment that is of an international best practice 10
standard to be installed, maintained and operated in the Barangaroo 11
restricted gaming facility, and 12
(b) provide for an independent person appointed by the holder of the 13
licence to test the equipment on a quarterly basis and to report annually 14
to the Minister for Health on the result of those tests. 15
(3) The Minister for Health is to cause each annual report under subsection (2) (b) 16
to be tabled in both Houses of Parliament as soon as practicable after receiving 17
the report. 18
[31] Section 90 Casino a place of public entertainment for purposes of Environmental 19
Planning and Assessment Act 1979 20
Omit the section. 21
[32] Section 142 Authority may conduct negotiations and enter into agreements 22
Insert "or at the direction" after "approval" in section 142 (1). 23
[33] Section 156 No right to compensation for cancellation etc 24
Insert at the end of the section: 25
(2) This section does not apply to or in respect of a restricted gaming licence. 26
Page 9
Casino Control Amendment (Barangaroo Restricted Gaming Facility) Bill 2013 [NSW]
Schedule 2 Amendment of other Acts
Schedule 2 Amendment of other Acts 1
2.1 Gaming Machines Act 2001 No 127 2
Section 56A 3
Insert after section 56: 4
56A Gaming machines cannot be authorised on certain premises situated at 5
Barangaroo 6
(1) The Authority cannot authorise under this Act the keeping of gaming 7
machines on any premises situated on the site referred to in paragraph (a) of 8
the definition of Barangaroo restricted gaming facility in section 3 (1) of the 9
Casino Control Act 1992. 10
(2) Subsection (1) only has effect during the period in which a restricted gaming 11
licence under the Casino Control Act 1992 is in force. 12
(3) Any authorisation under this Act to keep gaming machines on premises 13
referred to in subsection (1) and in force immediately before the granting of a 14
restricted gaming licence under the Casino Control Act 1992 is cancelled 15
when the licence is granted. 16
2.2 Unlawful Gambling Act 1998 No 113 17
Section 7 Lawful forms of gambling 18
Omit section 7 (e). Insert instead: 19
(e) gambling that is declared lawful under the Casino Control Act 1992, 20
Page 10
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