New South Wales Consolidated Acts

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CASINO CONTROL ACT 1992


- As at 21 November 2023 
- Act 15 of 1992 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   3A.     Meaning of "close associate"
   4.      Gaming in licensed casino declared lawful
   4A.     Primary objects of Act
   4B.     Obligations in relation to assessment of suitability
           5, 5A. (Repealed)

   PART 2 - LICENSING OF CASINO AND BARANGAROO RESTRICTED GAMING FACILITY

   6.      Restriction on number of casino licences
   7.      Ministerial directions as to requirements for casino
   8.      Gaming machines in casino
   9.      NICC may invite expressions of interest
   10.     Application for casino licence
   11.     Matters to be considered in determining applications
   12.     Suitability of applicant and close associates of applicant
   13.     Application for restricted gaming licence
   13A.    Restricted gaming licence--suitability of applicant and close associates of applicant
   14.     Investigation of applications
   15.     NICC may require further information etc
   16.     Cost of investigations to be paid by applicant
   17.     Updating of applications
   18.     Determination of applications
   19.     NICC to define casino premises
   19A.    Boundaries of Barangaroo restricted gaming facility
   20.     Duration of casino licence
   21.     No proprietary right in casino licence
   22.     Conditions of casino licence
   22A.    Restrictions on gaming in Barangaroo restricted gaming facility
   22B.    Only members and guests permitted to participate in gaming at Barangaroo restricted gaming facility
   22C.    Casino operators to cooperate with NICC
   23.     Disciplinary action against casino operator
   24.     Rectification order as alternative to disciplinary action
   25.     Effect of suspension of licence
   26.     Recovery of pecuniary penalty
   26A.    Enforceable undertakings
   27.     Surrender of licence
   28.     Appointment of a manager if licence suspended, cancelled or surrendered

   PART 3 - SUPERVISION AND CONTROL OF CASINO OPERATORS AND CLOSE ASSOCIATES

           Division 1 - Directions, investigations etc

   29.     Directions to operator
   30.     General investigations
   31.     Review of casino licence and operator suitability
   32.     Operator and associates may be required to provide information
   33.     Failure to provide information etc is an offence and punishable as contempt
   34.     Injunctions to prevent contraventions etc
   35.     Change in state of affairs of operator
   35A.    Cost of investigations into certain major changes

           Division 2 - Contracts

   36.     Definitions
   37.     Requirements for controlled contracts
   37A.    Interim approval of controlled contract
   37B.    Revocation of interim approval of controlled contract
   38.     Requirement may be extended to associates of casino operator
   39.     Notice to show cause why controlled contract should not be terminated
   40.     Effect of termination
   41.     Offence--giving effect to terminated contract
   42.     Parties to contracts may be required to provide information

           Division 3 - Close associates

   42A.    Requirement for approval of close associate
   42B.    Application for approval of close associate
   42C.    Interim approval of close associate
   42D.    Decision about application for approval of close associate
   42E.    Conditions of close associate approvals
   42F.    Substantial changes in state of affairs of associates
   42G.    Cost of investigations or inquiries
   42H.    Disciplinary action against close associate
   42I.    Duration of close associate approval
   42J.    Notice to show cause
   42K.    Requirement for exempt close associate to notify NICC of change in circumstances
   42L.    Revocation of exemption of close associate

   PART 4 - LICENSING OF CASINO EMPLOYEES

   43.     Definitions
   44.     Special employees to be licensed and hold certificate of competency
   45.     Special employees to display identification
   46.     Application for licence
   47.     Direction to apply for licence--persons who have special relationship with casino
   48.     Updating of application for licence
   49.     NICC may require further information
   50.     NICC to investigate applications
   51.     Cost of investigations to be paid by applicant
   52.     Determination of applications
   53.     Conditions of licence
   54.     Provisional licences
   55.     Duration of licence
   56.     Renewal of licence
   57.     (Repealed)
   58.     Loss etc of licence
   59.     Disciplinary action against licensee
   60.     Effect etc of suspension
   61.     Termination of employment on suspension or cancellation of licence
   62.     Information relating to licensees to be provided
   63.     Change in state of affairs of licensee
   64.     Training courses and certificates of competency for employees and certain close associates
   64A.    Staff training facilities and employment program

   PART 5 - CASINO OPERATIONS

   65.     Approval of facilities and equipment for monitoring and surveillance
   66.     Approval of games and rules for games
   67.     (Repealed)
   68.     Approval of gaming equipment
   69.     Unsatisfactory gaming equipment
   70.     Conduct of gaming
   70A.    Advertising in relation to gaming machines
   71.     Visibility of gaming machines and gaming-related signs
   72.     Assistance to patrons
   72A.    Provision of problem gambling counselling services
   73.     Operation of security equipment etc
   74.     Credit prohibited
   75.     Cheques and deposit accounts
   76.     Inducements
   76A.    Promotional prizes
   76B.    Prohibition on junkets and inducements
   77.     Right of entry to casino
   78.     Police powers of entry to casino
   79.     Exclusion of persons from casino
   80.     Review of exclusion order
   81.     Commissioner of Police may direct that person be excluded from casino and casino precinct
   81A.    Direction to be made in relation to exclusion orders in other States and Territories
   82.     Duration and revocation of exclusion orders
   83.     List of excluded persons
   84.     Excluded person not to enter casino
   84A.    Casino operator to take all reasonable steps to prevent excluded person entering casino
   85.     Removal of excluded person from casino
   85A.    Protection from liability--exclusion of persons from casino
   86.     Gambling in casino by certain persons prohibited
   86A.    Wagering by minors and excluded persons prohibited
   87.     Cheating
   88.     Detention of suspected person
   89.     Application of Liquor Act 2007
   89A.    Application of Smoke-free Environment Act 2000
   90.     Unclaimed winnings

   PART 6 - MINORS

   91.     Definitions
   92.     Part applies only during hours of operation of casino
   93.     Minors not to enter casino
   94.     Minors in casino--offences by casino operator
   95.     Entry of minors to be prevented
   96.     Proof of age may be required
   97.     Minors using false evidence of age
   98.     Notices to be displayed
   99.     Minors not to be detained
   100.    Evidence
   101.    Apprentices and trainees permitted entry to casino

   PART 7 - (Repealed)
   None

   PART 8 - CASINO DUTY AND LEVIES

   114.    Casino duty
   115.    Responsible gambling levy and fund
   115A.   Casino supervisory levy
   115AB.  Casino Supervisory Fund
   115B.   Payments under Gaming Machines Act 2001 to Responsible Gambling Fund
   115C.   Calculating duty and levies
   116.    Agreements and determinations
   117.    Examples of ways in which duty or levy can be fixed
   118.    Agreements and determinations to be tabled in Parliament
   119.    Interest on overdue amounts
   120.    Casino operator liable for duty etc
   121.    Recovery of duty etc
   122.    Effect of suspension of licence
   123.    Offences relating to revenue

   PART 9 - CASINO ACCOUNTING AND INTERNAL CONTROLS

   124.    Approved system of controls and procedures to be implemented
   125.    Access to casino operator's systems
   126.    Access to bank accounts
   127.    Accounts to be kept
   128.    Statement of accounts
   129.    Books etc to be kept on casino premises
   130.    Audit
   130A.   Reporting to AUSTRAC
   131.    Submission of reports
   131A.   Compliance auditor
   132.    Part may be extended to associates of casino operator

   PART 9A - NSW INDEPENDENT CASINO COMMISSION

           Division 1 - Constitution and management of NICC

   133.    Constitution of NICC
   134.    Status of NICC
   135.    Ministerial control

           Division 2 - Functions of NICC

   136.    NICC's functions
   137.    Delegation of NICC's functions
   137A.   Advisory committee about harm minimisation measures
   138.    Other committees

           Division 3 - Membership of NICC

   139.    Membership and appointment
   139A.   Selection panel for appointment of Commissioners

           Division 4 - Assistant Commissioners

   139B.   Appointment of Assistant Commissioners

           Division 5 - Police records etc

   139C.   Arrangements for supply of Police records
   139D.   Disclosure of spent convictions

           Division 6 - Annual report

   139E.   Annual reports
   139EA.  Preparation of report of operations
   139F.   Nature of report of operations
   139G.   Letter of submission
   139H.   Submission of annual report to appropriate Minister
   139I.   Presentation of annual report to Parliament
   139J.   Public availability of annual reports
   139L.   Application for extension of time

           Division 7 - Miscellaneous

   139M.   Seal

   PART 10 - ADDITIONAL FUNCTIONS OF NICC AND ADMINISTRATIVE MATTERS

   140.    Objects of NICC under this Act
   141.    Functions of NICC under this Act
   142.    NICC may conduct negotiations and enter into agreements
   143.    NICC may hold inquiries
   143A.   Attendance of witnesses
   143B.   Restriction on publication of information
   143C.   Referral of information to Commissioner of Police
           144-148. (Repealed)
   149.    Information gathering for law enforcement purposes
   150.    Bribery
           151-154. (Repealed)

   PART 11 - GENERAL

   155.    Appeals
   156.    No compensation payable
   157.    (Repealed)
   158.    Disclosure of spent convictions
   159.    Destruction of finger prints etc
   160.    Records not kept in writing
   161.    (Repealed)
   162.    Forgery etc
   163.    Conduct in casino
   164.    Simulated gaming allowed for certain purposes
   165.    (Repealed)
   166.    Evidence
   166A.   Delegation by Secretary
   167.    Liability of directors etc for offences by corporation--offences attracting executive liability
   167A.   Liability of directors etc for offences by corporation--accessory to the commission of the offences
   168.    Prosecution for offences
   168A.   Penalty notices
   169.    Forfeiture of offending articles
   169A.   Remedial orders
   169B.   Review of Act
   170.    Regulations
   170A.   Implementation of Independent Review of The Star Pty Ltd by Adam Bell SC
   171.    Savings and transitional provisions
           SCHEDULE 1
           Schedule 2 (Repealed)
           SCHEDULE 3
           SCHEDULE 4


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