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CASINO CONTROL ACT 1992 - SCHEDULE 1

SCHEDULE 1 – Constitution and procedure of NICC

Section 139(5)

Part 1 - General

1 Definition

In this Schedule--

"Commissioner" includes an Assistant Commissioner.

Part 2 - Constitution

2 Terms of office of Commissioners

(1) A Commissioner, other than an Assistant Commissioner, holds office for the period, not more than 4 years, stated in the Commissioner's instrument of appointment.
(2) An Assistant Commissioner holds office for the period, not more than 2 years, stated in the Commissioner's instrument of appointment.
(3) A Commissioner is eligible, if otherwise qualified, for re-appointment but not for more than 2 consecutive terms.

3 Part-time appointments

(1) The Chief Commissioner holds office on a full-time basis.
(2) A Commissioner, other than the Chief Commissioner, may hold office on a full-time or part-time basis.

4 Remuneration

(1) A Commissioner is entitled to be paid--
(a) remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975 , and
(b) allowances, decided by the Minister, to reimburse the Commissioner for expenses the Commissioner may incur.
Example of expenses that may be incurred--: travel or accommodation
(2) A Commissioner who is a Judge is not, while receiving salary or allowance as a Judge, entitled to remuneration under this Act.

5 Appointment of Judge as Commissioner not to affect tenure

(1) The appointment of a person who is the holder of a judicial office as a Commissioner or the deputy of a Commissioner, or service by a person who is the holder of a judicial office as a Commissioner or the deputy of a Commissioner, does not affect--
(a) the person's tenure of the judicial office, or
(b) the person's rank, title, status, precedence, salary, allowances or other rights or privileges as the holder of the judicial office.
(2) For all purposes the person's service as a Commissioner or the deputy of a Commissioner is taken to be service as the holder of the judicial office.
(3) In this clause--

"judicial office" means an office of Judge.

6 Deputies

(1) The Minister may, from time to time--
(a) appoint an appropriately qualified person to be the deputy of the Commissioner, and
(b) revoke the appointment of a person as the Commissioner's deputy.
(2) In the absence of a Commissioner, the Commissioner's deputy may, if available, act in the place of the Commissioner.
(3) While acting in the place of a Commissioner, a person has all the functions of the Commissioner and is taken to be a Commissioner.
(4) For the purposes of this clause, a vacancy in the office of a Commissioner is taken to be an absence of the Commissioner.
(5) In this clause--

"appropriately qualified" , for a person to be appointed to be the deputy of the Commissioner, means a person who would be qualified for appointment to the office the Commissioner holds.

7 Vacancy in office of Commissioner

(1) The office of a Commissioner becomes vacant if the Commissioner--
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the Minister, or
(d) for a Commissioner other than an Assistant Commissioner--is removed from office by the Governor under this clause, or
(e) for an Assistant Commissioner--is removed from office by the Minister under this clause, or
(f) is absent from 3 consecutive meetings of the NICC of which reasonable notice has been given to the Commissioner personally or by post, except on leave granted by the Minister or unless the Commissioner is excused by the Minister for having been absent from the meetings, or
(g) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the Commissioner's creditors or makes an assignment of the Commissioner's remuneration for the creditors' benefit, or
(h) becomes a mentally incapacitated person, or
(i) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.
(2) The Governor may remove a Commissioner, other than an Assistant Commissioner, from office at any time.
(3) The Minister may remove an Assistant Commissioner from office at any time.

8 Filling of vacancy in office of Commissioner

If the office of a Commissioner, other than an Assistant Commissioner, becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.

Note--: See Part 9A, Division 3 for how a vacancy in the office of Commissioner is to be filled.

9 Disclosure of pecuniary interests

(1) This clause applies if--
(a) a Commissioner has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the NICC, and
(b) the interest appears to raise a conflict with the proper performance of the Commissioner's duties in relation to the consideration of the matter.
(2) The Commissioner must, as soon as possible after the relevant facts have come to the Commissioner's knowledge, disclose the nature of the interest at a meeting of the NICC.
(3) A disclosure by a Commissioner at a meeting of the NICC of any of the following is a sufficient disclosure of the nature of the interest in any matter relating to the company or other body or to the person that may arise after the date of the disclosure and that is required to be disclosed under subclause (2)--
(a) the Commissioner is a member, or is in the employment, of a specified company or other body,
(b) the Commissioner is a partner, or is in the employment, of a specified person,
(c) the Commissioner has some other specified interest relating to a specified company or other body or to a specified person.
(4) Particulars of a disclosure made under this clause must be recorded by the NICC in a book kept for the purpose and that book must be open at all reasonable hours for inspection by a person on payment of the fee decided by the NICC.
(5) After a Commissioner has disclosed the nature of an interest in a matter, the Commissioner must not, unless the Minister or the NICC otherwise decides--
(a) be present during any deliberation of the NICC in relation to the matter, or
(b) take part in a decision of the NICC in relation to the matter.
(6) For the purposes of the making of a decision by the NICC under subclause (5), a Commissioner who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not--
(a) be present during any deliberation of the NICC for the purpose of making the decision, or
(b) take part in the making by the NICC of the decision.
(7) A contravention of this clause does not invalidate a decision of the NICC.
(8) This clause applies to a member of a committee of the NICC and the committee in the same way as it applies to a Commissioner and the NICC.

10 Government Sector Employment Act 2013 does not apply to Commissioners

The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a Commissioner.

11 Effect of certain other Acts

(1) This clause applies if by or under any Act provision is made--
(a) requiring a person who is the holder of a stated office to devote the whole of the person's time to the duties of the office, or
(b) prohibiting the person from engaging in employment outside the duties of the office.
(2) The provision does not operate to disqualify the person from--
(a) holding the office and also the office of a Commissioner, or
(b) accepting and retaining remuneration payable to the person under this Act as a Commissioner.

12 Personal liability

A matter or thing done or omitted to be done by any of the following does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this Act, subject a Commissioner or a person acting under the direction of the NICC personally to any action, liability, claim or demand--

(a) the NICC,
(b) a Commissioner,
(c) a person acting under the direction of the NICC.

Part 3 - Procedure

13 General procedure

The procedure for the calling of meetings of the NICC and for the conduct of business at those meetings is, subject to this Act and the regulations, to be decided by the NICC.

14 Quorum

The quorum for a meeting of the NICC is a majority of the Commissioners for the time being.

15 Presiding member

(1) The Chief Commissioner or, in the absence of the Chief Commissioner, a person elected by the Commissioners who are present at a meeting of the NICC, is to preside at a meeting of the NICC.
(2) The presiding Commissioner has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.

16 Voting

A decision supported by a majority of the votes cast at a meeting of the NICC at which a quorum is present is the decision of the NICC.

17 Transaction of business outside meetings or by telephone etc

(1) The NICC may, if it thinks fit, transact any of its business by the circulation of papers among all the Commissioners for the time being, and a resolution in writing approved in writing by a majority of those Commissioners is taken to be a decision of the NICC made at a meeting of the NICC.
(2) The NICC may, if it thinks fit, transact any of its business at a meeting at which Commissioners, or some Commissioners, participate by telephone or other electronic means, but only if any Commissioner who speaks on a matter before the meeting can be heard by the other Commissioners.
(3) For the purposes of the approval of a resolution under subclause (2) or a meeting held under subclause (2), the Chief Commissioner and each other Commissioner have the same voting rights as they have at an ordinary meeting of the NICC.
(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the NICC.
(5) Papers may be circulated among the Commissioners for the purposes of subclause (1) by electronic means.

18 First meeting

The Chief Commissioner may call the first meeting of the NICC in the way the Chief Commissioner thinks appropriate.

Part 4 - Miscellaneous

19 Proof of certain matters not required

In legal proceedings, proof is not required, until evidence is given to the contrary, of--

(a) the constitution of the NICC, or
(b) a resolution of the NICC, or
(c) the appointment of, or holding of office by, a Commissioner of the NICC, or
(d) the presence or nature of a quorum at a meeting of the NICC.



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