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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Gaming and Liquor Administration
Amendment Bill 2015
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are as follows:
(a) to clarify that the Independent Liquor and Gaming Authority (the Authority) does not
employ staff (being precluded by section 47A of the Constitution Act 1902 from doing so)
but that Public Service employees may be employed to enable the Authority to exercise its
functions,
(b) to abolish the position of Chief Executive of the Authority,
(c) to make provision with respect to the Minister's control over the Authority,
(d) to provide for the administrative review of certain decisions of the Authority by the Civil
and Administrative Tribunal of New South Wales (NCAT),
(e) to provide for review by the Authority of decisions made under a delegation given by the
Authority,
(f) to allow the Secretary of the Department of Justice (the Secretary) to make certain
submissions to the Authority and provide that the Authority is to take those submissions
into consideration,
(g) to remove certain functions that the Authority has under the Casino Control Act 1992 and
to make other miscellaneous amendments to that Act.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
b2015-062.d16
Gaming and Liquor Administration Amendment Bill 2015 [NSW]
Explanatory note
Clause 2 provides for the commencement of the proposed Act on a day or days to be appointed
by proclamation.
Schedule 1 Amendment of Gaming and Liquor
Administration Act 2007 No 91
Schedule 1 [1] omits the definition of Chief Executive so as to abolish the position of Chief
Executive of the Authority. Schedule 1 [4], [5], [7]-[9], [24] and [25] make consequential
amendments.
Schedule 1 [2] omits the definition of member of staff and inserts the definition of designated
Public Service employee to clarify that the Authority does not employ staff but that Public Service
employees may be employed to enable the Authority to exercise its functions. Schedule 1 [3], [4],
[10], [12] and [14]-[17] make consequential amendments. Schedule 1 [2] also updates the
definition of Department to refer to the Department of Justice and inserts a definition of NCAT.
Schedule 1 [6] provides that the Authority is subject to Ministerial control, except in relation to
any advice, report or recommendation the Authority gives to the Minister and decisions of the
Authority with respect to the following:
(a) granting, suspending or cancelling gaming or liquor licences,
(b) imposing, varying or revoking conditions of gaming or liquor licences,
(c) taking disciplinary action under the gaming and liquor legislation.
Schedule 1 [13] inserts proposed section 13A to provide for the administrative review of decisions
of the Authority by NCAT, except for decisions that confirm, vary or revoke certain decisions
made by certain Public Service employees acting under a delegation given by the Authority
(delegated decisions). Schedule 1 [22] makes a consequential amendment to ensure that notice of
decisions that can be reviewed by NCAT under proposed section 13A are published on the website
of the Department. It also provides that notice of certain other decisions of the Authority are to be
published on the Department's website.
Schedule 1 [18] amends section 36A to enable the Authority to review delegated decisions.
Schedule 1 [20] limits the persons who can apply for a review of a delegated decision to an
applicant for, or holder of, a gaming or liquor licence, or a person who was required to be notified
of the application the subject of the delegated decision, and who made a submission in respect of
that application. Schedule 1 [11] provides that the Authority cannot delegate its function to review
delegated decisions. Schedule 1 [19] and [21] make consequential amendments.
Schedule 1 [23] provides that the Secretary may make submissions to the Authority in relation to
any application to the Authority under the gaming and liquor legislation and that the Authority
must take any such submission into consideration, including any recommendations contained in
the submission, before determining the application.
Schedule 2 Amendment of Casino Control Act 1992 No 15
Schedule 2 [1] amends the Casino Control Act 1992 to provide that the Authority will no longer
have the functions under that Act of:
(a) inspecting the operations and conduct of gaming in a casino, and
(b) detecting offences committed in or in relation to a casino and prosecuting offences under
the Act.
Those functions will, however, continue to be performed by inspectors appointed by the Secretary
under the Gaming and Liquor Administration Act 2007.
Schedule 2 [2] provides that the Secretary may institute proceedings for an offence against the
Casino Control Act 1992. Schedule 2 [3] makes a consequential amendment.
Page 2
First print
New South Wales
Gaming and Liquor Administration
Amendment Bill 2015
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Gaming and Liquor Administration Act 2007 No 91 3
Schedule 2 Amendment of Casino Control Act 1992 No 15 8
b2015-062.d16
New South Wales
Gaming and Liquor Administration
Amendment Bill 2015
No , 2015
A Bill for
An Act to amend the Gaming and Liquor Administration Act 2007 to make further provision with
respect to the administration of the gaming and liquor legislation and the review of certain
decisions made under that legislation.
Gaming and Liquor Administration Amendment Bill 2015 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Gaming and Liquor Administration Amendment Act 2015. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
Page 2
Gaming and Liquor Administration Amendment Bill 2015 [NSW]
Schedule 1 Amendment of Gaming and Liquor Administration Act 2007 No 91
Schedule 1 Amendment of Gaming and Liquor 1
Administration Act 2007 No 91 2
[1] Section 3 Definitions 3
Omit the definition of Chief Executive from section 3 (1). 4
[2] Section 3 (1), definitions of "Department" and "member of staff" 5
Omit the definitions. Insert in alphabetical order: 6
Department means the Department of Justice. 7
designated Public Service employee means a Public Service employee who is 8
designated by the Secretary and who is employed to enable the Authority to 9
exercise its functions. 10
NCAT means the Civil and Administrative Tribunal of New South Wales. 11
[3] Section 3 (1), definition of "key official" 12
Omit paragraph (d). Insert instead: 13
(d) a designated Public Service employee who is the subject of a written 14
order by the Secretary (or an order by the Authority in force 15
immediately before the substitution of this paragraph by the Gaming 16
and Liquor Administration Amendment Act 2015) that has been served 17
on the employee and is to the effect that the employee is a key official 18
for the purposes of the gaming and liquor legislation, 19
[4] Section 3 (1), definition of "key official" 20
Omit "(other than a member of staff or the Chief Executive)" from paragraph (d1). 21
Insert instead "(other than a designated Public Service employee)". 22
[5] Section 3 (1), definition of "member of the Authority" 23
Omit "the Chief Executive and". 24
[6] Section 6 Constitution of Authority 25
Omit section 6 (3) (including the note). Insert instead: 26
(3) The Authority is, in the exercise of its functions, subject to the control and 27
direction of the Minister, except in relation to the following: 28
(a) the contents of any advice, report or recommendation given to the 29
Minister, 30
(b) decisions in relation to: 31
(i) the granting, suspension or cancellation of a gaming or liquor 32
licence, or 33
(ii) the imposition, variation or revocation of conditions of a gaming 34
or liquor licence, or 35
(iii) the taking of disciplinary action under the gaming and liquor 36
legislation. 37
(4) Subsection (3) (b) is subject to any provision to the contrary in the gaming and 38
liquor legislation. 39
Page 3
Gaming and Liquor Administration Amendment Bill 2015 [NSW]
Schedule 1 Amendment of Gaming and Liquor Administration Act 2007 No 91
[7] Section 7 Members of Authority 1
Omit section 7 (1). Insert instead: 2
(1) The Authority consists of such number of members as are appointed by the 3
Governor on the recommendation of the Minister. 4
[8] Section 7 (2)-(4) 5
Omit "(other than the Chief Executive)" wherever occurring. 6
[9] Section 8 Chief Executive to manage the Authority 7
Omit the section. 8
[10] Section 9 General functions of Authority 9
Omit "Section 59 of the Government Sector Employment Act 2013 provides that the persons 10
so employed (or whose services the Authority makes use of) may be referred to as officers 11
or employees, or members of staff, of the Authority." from the note to section 9 (2). 12
[11] Section 13 Delegation of Authority's functions 13
Omit section 13 (2). Insert instead: 14
(2) The Authority cannot, however, delegate its functions under: 15
(a) section 36A in respect of a review of a delegated decision, or 16
(b) sections 18, 19, 22, 23, 28 and 59 of the Casino Control Act 1992. 17
[12] Sections 13 (3) (paragraph (a1) of definition of "authorised person or body") 18
and 37 (c) 19
Omit "member of staff" wherever occurring. 20
Insert instead "designated Public Service employee". 21
[13] Section 13A 22
Insert after section 13: 23
13A Review by NCAT of certain decisions of Authority 24
(1) A relevant person who is aggrieved by a decision of the Authority in relation 25
to an application made under a provision of the gaming and liquor legislation 26
prescribed by the regulations for the purposes of this section (a prescribed 27
application) may apply to NCAT for an administrative review under the 28
Administrative Decisions Review Act 1997 of that decision. 29
(2) An administrative review under this section is by way of rehearing rather than 30
a new hearing. 31
(3) An application for administrative review made under subsection (1) must: 32
(a) be made within 28 days of notice of the decision being published on the 33
website of the Department, and 34
(b) be accompanied by the fee prescribed by the regulations. 35
Note. Section 36C requires notice of the decision to be published on the Department's 36
website. 37
(4) Subsection (1) does not apply in relation to a decision of the Authority that 38
confirms, varies or revokes a decision made by a designated Public Service 39
employee or other Public Service employee acting under a delegation given by 40
the Authority. 41
Page 4
Gaming and Liquor Administration Amendment Bill 2015 [NSW]
Schedule 1 Amendment of Gaming and Liquor Administration Act 2007 No 91
(5) In this section, relevant person in relation to a prescribed application means: 1
(a) the applicant, or 2
(b) a person: 3
(i) who was required to be notified of the prescribed application, and 4
(ii) who made a submission to the Authority or the Secretary in 5
respect of the prescribed application. 6
[14] Section 14 Persons engaged in administration of gaming and liquor legislation to be 7
of highest integrity 8
Omit section 14 (1) (b)-(b2). Insert instead: 9
(b) designated Public Service employee nominated by the Secretary in 10
writing (or designated by the Authority in writing before the 11
substitution of this paragraph by the Gaming and Liquor Administration 12
Amendment Act 2015) for the purposes of this section, 13
(b1) inspector, 14
[15] Section 14 (3) (b)-(d) 15
Omit the paragraphs. Insert instead: 16
(b) the Authority--in the case of the position of consultant to the Authority, 17
or 18
(c) the Secretary--in the case of the position of designated Public Service 19
employee or inspector. 20
[16] Section 14 (12) and (13) 21
Omit the subsections. Insert instead: 22
(12) In the case of the position of consultant to the Authority, the Authority may 23
waive the operation of subsection (10) in a particular case. 24
(13) In the case of the position of designated Public Service employee or inspector, 25
the Secretary may waive the operation of subsection (10) in a particular case. 26
[17] Section 16 Restrictions relating to key officials and former key officials 27
Omit paragraphs (a) and (a1) from the definition of appropriate authority in section 16 (4). 28
Insert instead: 29
(a) in the case of a designated Public Service employee or other Public 30
Service employee, or former designated Public Service employee or 31
other former Public Service employee--the Secretary, or 32
[18] Section 36A Review by Authority of certain decisions 33
Insert at the end of paragraph (c) of the definition of reviewable decision in section 36A (1): 34
, or 35
(d) a decision of a designated Public Service employee, or other Public 36
Service employee, acting under a delegation given by the Authority in 37
respect of an application made under a provision of the gaming and 38
liquor legislation prescribed by the regulations for the purposes of this 39
section (delegated decision). 40
[19] Section 36A (2) 41
Omit "Any". Insert instead "Subject to subsection (2A), any". 42
Page 5
Gaming and Liquor Administration Amendment Bill 2015 [NSW]
Schedule 1 Amendment of Gaming and Liquor Administration Act 2007 No 91
[20] Section 36A (2A) 1
Insert after section 36A (2): 2
(2A) An application for a review of a delegated decision may only be made by: 3
(a) an applicant for, or the holder of, a gaming or liquor licence, or 4
(b) a person: 5
(i) who was required to be notified of the application the subject of 6
the delegated decision, and 7
(ii) who made a submission to the Authority or the Secretary in 8
respect of that application. 9
[21] Section 36A (3) 10
Omit "of the Secretary". 11
[22] Section 36C Notice of certain decisions required to be published on relevant website 12
Omit section 36C (1) and (2). Insert instead: 13
(1) This section applies to: 14
(a) any decision by the Authority or the Secretary under the gaming and 15
liquor legislation prescribed by the regulations for the purposes of this 16
section, and 17
(b) any decision by the Authority in relation to an application made under 18
a provision of the gaming and liquor legislation prescribed by the 19
regulations for the purposes of section 13A. 20
(2) As soon as practicable after a decision to which this section applies is made, 21
notice of the decision is to be published on the website of the Department. 22
[23] Section 37A 23
Insert after section 37: 24
37A Submissions to Authority by Secretary 25
(1) The Secretary may make a submission to the Authority in relation to any 26
application made to the Authority under the gaming and liquor legislation. 27
(2) If any such submission is made to the Authority, the Authority is to take the 28
submission into consideration, including any recommendations contained in 29
the submission, before determining the application. 30
[24] Section 41 31
Omit the section. Insert instead: 32
41 Seal of Authority 33
The seal of the Authority is to be kept by the Chairperson of the Authority and 34
may be affixed to a document only: 35
(a) in the presence of the Chairperson of the Authority or a designated 36
Public Service employee authorised in that behalf by the Chairperson, 37
and 38
(b) with an attestation by the signature of the Chairperson of the Authority 39
or that designated Public Service employee of the fact of the affixing of 40
the seal. 41
Page 6
Gaming and Liquor Administration Amendment Bill 2015 [NSW]
Schedule 1 Amendment of Gaming and Liquor Administration Act 2007 No 91
[25] Schedule 1 Provisions relating to the members and procedure of the Authority 1
Omit "other than the Chief Executive" from the definition of appointed member in clause 1. 2
Page 7
Gaming and Liquor Administration Amendment Bill 2015 [NSW]
Schedule 2 Amendment of Casino Control Act 1992 No 15
Schedule 2 Amendment of Casino Control Act 1992 No 15 1
[1] Section 141 Functions of Authority under this Act 2
Omit section 141 (2) (j) and (k). 3
[2] Section 168 Prosecution for offences 4
Insert at the end of section 168 (4) (c): 5
, or 6
(d) the Secretary of the Department of Justice or a person acting with the 7
written authority of the Secretary, given generally or in relation to the 8
particular case. 9
[3] Section 168 (5) 10
Omit "or the Authority". 11
Insert instead ", the Authority or the Secretary of the Department of Justice". 12
Page 8
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