New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act and any Act that amends this Act.
(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done, or omitted to be done, before the date of its publication.
Section 37, as in force immediately before the substitution of that section by the Casino Control Amendment Act 1995 , continues to apply in respect of a contract or variation of contract the details of which were notified to the Authority under that section before the substitution of that section.
(1) An amendment made by the Casino Control Amendment (Cheques) Act 1996 does not apply to a cheque accepted by the casino operator before the commencement of the amendment, except as provided by subclause (2).
(2) Section 75 (5A) extends to apply in respect of a cheque accepted by the casino operator before the commencement of that subsection, but only so as to authorise the redemption of a cheque by means of an electronic funds transfer made after that commencement.
Section 55 (e) as amended by the Casino Control Amendment Act 1997 extends to a licence in force under Part 4 of this Act immediately before the commencement of the amendment.
Section 66, as amended by the Casino Control Amendment Act 2000 , extends to rules of a game approved under section 23 of the Public Lotteries Act 1996 before the commencement of that amendment.
Section 70, as amended by the Casino Control Amendment Act 2000 , extends to a casino licence granted before the commencement of that amendment.
Section 87, as in force immediately before its amendment by the Casino Control Amendment Act 2000 , continues to apply to acts or omissions that took place before the commencement of those amendments.
In this Part--
"appointed day" means the day appointed under section 2 of the 2001 amending
Act for the commencement of the provision in which that expression occurs.
"former DCS officer" means a person who, immediately before the appointed day,
held a former DCS position, but does not include a person who was then merely
acting in that position.
"former DCS position" means a position within the Department of Gaming and
Racing that is taken to have been abolished as referred to in clause 9 (1).
"new CCA position" means a position within the organisational structure of the
Authority that is taken to have been created as referred to in clause 9 (1).
"the 2001 amending Act" means the Casino Control Amendment Act 2001 .
"transferred officer" means a former DCS officer who holds a new CCA position.
(1) On the appointed day, the following positions within the Department of Gaming and Racing are taken to have been abolished and corresponding positions are taken to have been created within the organisational structure of the Authority--(a) Director of Casino Surveillance (1 position),(b) Secretary to the Director of Casino Surveillance (1 position),(c) Executive Assistant to the Director of Casino Surveillance (1 position),(d) Legal Officer (1 position),(e) Licensing Supervisor (1 position),(f) Licensing Investigator (1 position),(g) Manager Audit (1 position),(h) Audit Supervisor (1 position),(i) Manager Inspector (1 position),(j) Supervising Inspector (5 positions),(k) Inspector (15 positions).
(2) The grade and position description for each position so created are to be the same as the grade and position description for the corresponding position within the Department of Gaming and Racing were immediately before the appointed day.
(3) Until varied according to law, the conditions of employment (including conditions as to remuneration) applicable to a new CCA position held by a transferred officer are to be the same as the conditions of employment that, immediately before the appointed day, were applicable to the corresponding former DCS position.
(4) Despite subclause (3), the conditions of employment applicable to a new CCA position held by a transferred officer are subject to the same variations applying to Public Service positions generally as would have applied to the position had it remained a Public Service position.
(1) On the appointed day, each person who, immediately before that day, held a former DCS position (otherwise than on an acting basis) is taken to be the holder of the corresponding new CCA position.
(2) Schedule 2, and any provision of the regulations of the kind referred to in clause 8 of Schedule 2, do not apply to a transferred officer while the holder of a new CCA position.
(3) In his or her capacity as a member of staff of the Authority, a transferred officer is under the control and direction of the Chief Executive of the Authority.
(4) An appeal by a transferred officer who is the holder of a new CCA position does not lie to the Government and Related Employees Appeals Tribunal concerning a promotional matter unless it relates to an appointment to some other new CCA position.
(1) A transferred officer who is the holder of a new CCA position may, at any time after the appointed day, apply for a Public Service position as if the officer were still a public servant.
(2) A transferred officer who is the holder of a new CCA position, and who applies for a Public Service position or is appointed to or employed in a Public Service position, is, for the purposes of the Public Sector Management Act 1988 , the Government and Related Employees Appeal Tribunal Act 1980 and the Industrial Relations Act 1996 taken to be a public servant in relation to the application, appointment or employment.
(1) The office of Director of Casino Surveillance is abolished.
(2) Any act or omission of the Director of Casino Surveillance that occurred before the appointed day is taken to be an act or omission of the Authority.
Any person who, immediately before the appointed day, was an inspector appointed under section 106 is taken to have been appointed under that section by the Authority.
(1) Costs incurred by the Director, as referred to in sections 16, 35A and 51 as in force immediately before the appointed day, remain payable to the Authority despite the amendments made to those sections by the 2001 amending Act.
(2) A certificate in respect of any such costs may be issued under section 166 (d) on or after the appointed day, and any such certificate issued before the appointed day continues to have effect, despite the amendment of that paragraph by the 2001 amending Act.
Section 52, as amended by the 2001 amending Act, extends to applications made before the appointed day, and applies to any such application despite its having been referred to the Director under section 50, as in force immediately before the appointed day.
(1) Any exclusion order made by the Director under section 79 before the appointed day is taken to have been made by the Authority.
(2) Sections 80 and 81, as amended by the 2001 amending Act, extend to any exclusion order made before the appointed day.
Section 136, as amended by the 2001 amending Act, extends to any person who holds a position to which he or she was appointed before the appointed day.
(1) Section 143A, as inserted by the 2001 amending Act, applies only to inquiries commenced on or after the appointed day.
(2) Section 143B, as inserted by the 2001 amending Act, extends to inquiries commenced before the appointed day.
(3) Section 143C, as inserted by the 2001 amending Act, extends to information obtained by the Authority before the appointed day.
Despite section 147 (3), as amended by the 2001 amending Act, an exemption under that subsection may not be granted in respect of a former Director of Casino Surveillance.
Section 148, as amended by the 2001 amending Act, extends to any information acquired by a person before the appointed day.
(1) Any proceedings instituted before the appointed day by the Director, as referred to in section 168 (4) (a), are taken to have been instituted by the Authority or (if the Authority so directs) by such other person as may be specified in that direction.
(2) For the purposes of section 168 (4) (c), a person specified in such a direction is taken to be acting with the written authority of the Authority.
The Responsible Gambling Fund referred to in section 115 (4) (as amended by Schedule 2 [4[#93] to the Gaming Machines Amendment Act 2005 ) is a continuation of the Casino Community Benefit Fund operating under that section immediately before the commencement of that Schedule.
In this Part--
"amending Act" means the Miscellaneous Acts (Casino, Liquor and Gaming)
Amendment Act 2007 .
"assets" means any legal or equitable estate or interest (whether present or
future and whether vested or contingent) in real or personal property of any
description (including money, securities and choses in action).
"document" means any Act (other than this Act) or statutory instrument, or any
other instrument, or any other contract or agreement.
"instrument" means an instrument (other than this Act) that creates, modifies
or extinguishes rights or liabilities (or would do so if lodged, filed or
registered in accordance with any law), and includes any judgment, order or
process of a court.
"liabilities" means any liabilities, debts or obligations (whether present or
future and whether vested or contingent).
"new Authority" means the Casino, Liquor and Gaming Control Authority.
"relevant repeal date" means the day on which section 133 of this Act is
repealed by Schedule 1 to the amending Act.
"rights" means any rights, powers, privileges or immunities (whether present
or future and whether vested or contingent).
The Casino Control Authority is abolished on the relevant repeal date.
(1) The assets, rights and liabilities of the Casino Control Authority are, on the relevant repeal date, transferred to the new Authority.
(2) The following provisions have effect in relation to the transfer of the assets, rights and liabilities of the Casino Control Authority--(a) the assets vest in the new Authority without the need for any conveyance, transfer, assignment or assurance,(b) the rights and liabilities become the rights and liabilities of the new Authority,(c) all proceedings commenced before the transfer by or against the Casino Control Authority and pending immediately before the transfer are taken to be proceedings pending by or against the new Authority,(d) any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the Casino Control Authority is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the new Authority.
(3) The operation of this clause is not to be regarded--(a) as a breach of contract or confidence or otherwise as a civil wrong, or(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or(d) as an event of default under any contract or other instrument.
(4) No attornment to the new Authority by a lessee from the Casino Control Authority is required.
(1) A person who, immediately before the relevant repeal date, held office as a member of the Casino Control Authority, ceases to hold that office on that date.
(2) A person who ceases to hold office as such a member is not entitled to any remuneration or compensation because of the loss of that office.
(1) The group of staff employed in the Casino Control Authority Division of the Government Service are removed from that Division and added to the Department of the Arts, Sport and Recreation.
(2) If a person who was a member of staff of the Casino Control Authority Division immediately before the commencement of this clause was entitled, as such a member, to an allowance that would not otherwise be payable to the person as a member of staff of the Department of the Arts, Sport and Recreation, the allowance continues to be payable to the person as a member of staff of the Department until such time as the entitlement is terminated in accordance with the terms under which the allowance was initially provided.
(3) The removal of the group of staff from the Casino Control Authority Division and its addition to the Department of the Arts, Sport and Recreation is taken to have been done under section 104 of the Public Sector Employment and Management Act 2002 . Accordingly, this clause does not affect the power conferred by that Act to remove the group of staff concerned from that Department and add it to another Division of the Government Service.
(4) The Casino Control Authority Division is abolished as a Division of the Government Service.
A reference in any other Act, in any instrument made under any Act or in any document of any kind to the Casino Control Authority is to be read as (or as including) a reference to the new Authority.
Section 31, as amended by the Casino Control Amendment Act 2009 , extends to a casino licence in force immediately before the commencement of that amendment.
Section 55 (e), as amended by the Casino Control Amendment Act 2009 , extends to a licence in force under Part 4 of this Act immediately before the commencement of that amendment.
An approval in force under section 65 immediately before the amendment to that section by the Casino Control Amendment Act 2009 is, on the commencement of that amendment, taken to be an approval in force under that section as so amended.
An order in force under section 66 immediately before the amendment to that section by the Casino Control Amendment Act 2009 is, on the commencement of that amendment, taken to be an order in force under that section as so amended.
In this Part--
"amending Act" means the Casino Control Amendment Act 2010 .
The substitution of the definition of
"controlled contract" by the amending Act does not apply in respect of a
contract entered into before the substitution of that definition.
A person who is the holder of a licence (an
"existing licence" ) under Part 4 of this Act immediately before the
commencement of section 44 (as substituted by the amending Act) is deemed to
have been issued on that commencement with--
(a) a licence under that Part (as amended by the amending Act), and
(b) a certificate of competency for the functions of a special employee that the person was authorised to exercise under the existing licence.
(1) Section 85 (4) and (5) (as inserted by the amending Act) do not apply to liability for loss that a person suffers as a result of a failure that occurs before the commencement of those subsections.
(2) Section 85A (as inserted by the amending Act) does not apply to liability for loss that a person suffers as a result of a failure that occurs before the commencement of that section.
In this Part--
"amending Act" means the Casino Control Amendment Act 2018 .
The following requirements apply to the first review of a casino licence under section 31 as substituted by the amending Act--
(a) the first review of a restricted gaming licence is to be conducted within 3 years after gaming commences under the restricted gaming licence,
(b) the first review of a casino licence that is not a restricted gaming licence is to be conducted concurrently with the first review of a restricted gaming licence (even if the first review of a restricted gaming licence occurs more than 5 years after section 31 is substituted by the amending Act).
The amendment made by the amending Act to section 55 (e) extends to a licence that is in force when the amendment commences.
In this Part--
"Amendment Act" means the Casino Legislation Amendment Act 2022 .
(1) This clause applies if, after the commencement of the Amendment Act, Schedule 1[21[#93], the NICC decides to take disciplinary action in relation to a casino licence, whether the grounds for the disciplinary action occurred before or after the commencement.
(2) The NICC may take disciplinary action under section 23(1) of this Act, as amended by the Amendment Act.
(3) This clause does not apply to disciplinary action taken against a close associate of a casino operator if the grounds for disciplinary action occurred before the commencement.
(1) Despite Part 9A, the Minister, may by written instrument, appoint a person who was a member of the Authority immediately before the commencement of this clause as the Chief Commissioner or another Commissioner of the NICC.
(2) A person appointed under subclause (1) as the Chief Commissioner or another Commissioner holds office--(a) for the remainder of the term of office that applied to the person's appointment as a member of the Authority, unless the appointment is sooner revoked under this Act, and(b) subject to the other terms of the person's appointment as a member of the Authority.
(1) This clause applies if, before the commencement of the Amendment Act, Schedule 1[96[#93], regulatory action was taken against a casino operator.
(2) Section 156, as in force on and from the commencement, applies in relation to the regulatory action as if it had been taken after the commencement.
(3) In this clause--
"regulatory action" has the same meaning as in section 156(3).
(1) This clause applies if--(a) immediately before the commencement of the Amendment Act, an approval granted by the Authority, including an approval of a close associate or a controlled contract, was in force, and(b) after the commencement an approval of that type may be granted by the NICC.
(2) From the commencement, the approval continues, subject to the same terms and conditions, as if it had been granted by the NICC.