New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
CASINO CONTROL ACT 1992 - SECT 47
Direction to apply for licence--persons who have special relationship with casino
47 Direction to apply for licence--persons who have special relationship with
casino
(1) For the purposes of this section, a person is to be considered to have a
special relationship with a casino if-- (a) the person is associated with the
casino operator or is a casino employee, and in the opinion of the NICC has
the power to exercise a significant influence over or with respect to
operations in the casino, or
(b) the person is associated with the
casino operator or is a casino employee, and in the opinion of the NICC it is
in the public interest that the person, by reason of his or her remuneration
or his or her authority in relation to operations in the casino, be licensed
as a special employee, or
(c) the person's employment (whether or not in the
casino and whether or not by the casino operator) involves the exercise of
functions that in the opinion of the NICC have the capacity to significantly
affect, whether directly or indirectly, any operations in the casino.
(2) The
NICC may give a direction in writing to a person who has a special
relationship with a casino directing that the association or employment that
constitutes the special relationship is to be regarded as the exercise by the
person of the functions of a special employee.
(3) The direction is to
require the person to apply for the necessary licence within a specified
period of not less than 7 days.
(3A) A person who is regarded as exercising
the functions of a special employee under this section is not required to hold
a certificate of competency in relation to those functions.
(4) The
association or employment specified in the direction is for the purposes of
this Part to be regarded as the exercise by the person of the functions of a
special employee as soon as-- (a) the period allowed by the direction for the
making of an application for the appropriate licence expires with no
application having been made, or
(b) (if the application is made within that
period) the application is determined.
(5) If this section results in a
person who has a special relationship with a casino contravening section 44
(Special employees to be licensed and hold certificate of competency)-- (a)
the NICC is to give written notice of that fact to the person and the
casino operator or employer concerned, and
(b) the person and the
casino operator or employer are each guilty of an offence if the association
or employment that constitutes the contravention is not terminated within 24
hours (or such longer period as the NICC may allow) after that notice is
given.
: Maximum penalty-- (a) for the casino operator--1,000 penalty units,
or
(b) otherwise--100 penalty units.
(6) The termination of an association
or employment in accordance with this section may be effected despite any
other Act or any law, award or industrial or other agreement, and neither the
Crown nor the NICC incurs any liability because of such a termination.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback