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)
in relation to controlled contracts, training and licensing requirements for special
employees, the making and notification of exclusion orders, liability following
removal of a person from a casino, penalty notices and other miscellaneous matters.

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
Division 2 of Part 3 of the principal Act requires a casino operator to give notice to
the Casino, Liquor and Gaming Control Authority (the Authority) when it enters
into, or varies, a controlled contract. Such contracts may be terminated by the

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Casino Control Amendment Bill 2010
Explanatory note
Authority in certain circumstances. Schedule 1 [1] substitutes the definition of
controlled contract so that it covers only contracts relating to the supply or servicing
of gaming equipment and contracts that are materially significant to the integrity of
the operation of the casino. Schedule 1 [1], [2] and [3] make consequential
amendments.

Schedule 1 [5] amends the requirements relating to the licensing of special
employees. Currently, a special employee must be licensed and must carry out his or
her functions in accordance with the authority conferred by the licence and the
conditions of the licence. The amendment maintains the requirement for special
employees to be licensed but also requires special employees to hold a certificate of
competency for the functions that the special employee exercises. Schedule 1 [15]
provides that certificates of competency are to be issued by a casino operator. These
certificates may be issued to a person only if the person has completed training in
those functions and in responsible practices for the conduct of gaming (being training
provided by the casino operator) or if the person has already completed appropriate
training or has appropriate qualifications. Any such training or qualifications on the
basis of which a certificate of competency is issued must comply with any standards
or other requirements set by the Authority from time to time. A casino operator is
also required to maintain records of training provided and certificates of competency
issued. Schedule 1 [4] and [6]-[14] make consequential amendments.

Schedule 1 [16] and [23] make provision for certain types of devices or things that
fall within the definition of gaming equipment (but are not an intrinsic element of
gaming) to be excluded from the licence condition that requires all gaming
equipment to be approved under the principal Act before being used in accordance
with the approval.

Schedule 1 [17]-[20] make minor amendments to the licence conditions relating to
the conduct of gaming to reflect changes in the way poker is now dealt and changes
to the making of wagers.

Schedule 1 [21] makes it clear that the licence condition preventing casino
employees or agents from inducing people to enter the casino or take part in gaming
in the casino applies only in relation to persons outside the casino (the regulations
contain a provision prohibiting certain gambling inducements in relation to persons
inside the casino).

Schedule 1 [24] amends the definition of junket so that it includes an arrangement
involving a person, or a group of people, who is introduced to a casino operator by a
promoter who receives a commission based on the turnover of play in the casino
attributable to the persons introduced by the promoter (or otherwise calculated by
reference to such play).

Schedule 1 [26] requires the Commissioner of Police to notify the relevant
authorities in other States and Territories when an order is made (at the direction of
the Commissioner) excluding a person from a casino. The Commissioner is also to
provide the relevant authorities with the name of the person subject to the exclusion

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Casino Control Amendment Bill 2010
Explanatory note
order and, where practicable, a photograph of that person and notify the relevant
authorities when an order is revoked. Schedule 1 [25] makes a consequential
amendment.

Schedule 1 [27] requires the Commissioner of Police to give a direction that a person
be excluded from a casino if the person is subject to exclusion from another casino
following the making of a similar direction under a corresponding law of another
State or a Territory.

Schedule 1 [28] and [29] provide certain protections from civil and criminal liability
in relation to the exclusion of persons from a casino.

Schedule 1 [33] provides that the amount of a penalty prescribed for a penalty notice
offence must not exceed the maximum amount of penalty which could be imposed
for the offence by a court.

Schedule 1 [32] makes a consequential amendment.

Schedule 1 [22], [30] and [31] make statute law revision amendments.

Schedule 1 [34] enables the making of regulations of a savings or transitional nature
consequent on the enactment of the proposed Act.

Schedule 1 [35] inserts savings and transitional provisions.

Schedule 2 Amendment of Casino Control
Regulation 2009
Schedule 2 [1] and [2] make consequential amendments.

Schedule 2 [3] and [4] make law revision amendments.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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