New South Wales Repealed Acts

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This legislation has been repealed.

MISCELLANEOUS ACTS (CASINO, LIQUOR AND GAMING) AMENDMENT ACT 2007 - SCHEDULE 1

SCHEDULE 1 – Amendment of Casino Control Act 1992

(Section 3)

[1] Long title

Omit "to constitute the Casino Control Authority;".

[2] Section 1 Name of Act

Insert at the end of the section:

Note: This Act is part of the gaming and liquor legislation for the purposes of the Casino, Liquor and Gaming Control Authority Act 2007 . That Act contains administrative and other relevant provisions that apply in relation to this Act (including investigation and enforcement powers and provisions relating to the probity of officials).

[3] Section 3 Definitions

Omit the definitions of "Authority", "close associate", "inspector" and "key official" from section 3 (1).
Insert instead:

"Authority" means the Casino, Liquor and Gaming Control Authority constituted under the Casino, Liquor and Gaming Control Authority Act 2007 .
"close associate" means a close associate within the meaning of the Casino, Liquor and Gaming Control Authority Act 2007 .
"inspector" means an inspector within the meaning of the Casino, Liquor and Gaming Control Authority Act 2007 .
"key official" means a key official within the meaning of the Casino, Liquor and Gaming Control Authority Act 2007 .

[4] Section 3 (1), definition of "member of staff"

Insert in alphabetical order:

"member of staff" means a member of staff within the meaning of the Casino, Liquor and Gaming Control Authority Act 2007 .

[5] Section 8 Gaming machines in casino

Omit section 8 (5). Insert instead:

(5) In this section, "gaming machine" means any device the Minister determines to be a gaming machine for the purposes of this section.

[6] Section 13 Meaning of "close associate"

Omit the section.

[7] Section 76A Regulation of promotional prizes and player reward schemes

Omit the section.

[8] Section 89 Application of Liquor Act 2007

Omit " Liquor Act 1982 " wherever occurring.
Insert instead " Liquor Act 2007 ".

[9] Part 7 Casino surveillance

Omit the Part.

[10] Part 10, heading

Omit " Administration ".
Insert instead " Additional functions of Authority and administrative matters ".

[11] Sections 133-139, 144-148, 151-153, 157, 161, 164 and 165

Omit the sections.

[12] Section 140 Objects of Authority under this Act

Insert "under this Act" after "Authority".

[13] Section 141 Functions of Authority under this Act

Omit section 141 (1) and (1A). Insert instead:

(1) The Authority has such functions as are necessary or convenient to enable it to achieve its objects under this Act.

[14] Section 141 (2)

Omit "general functions". Insert instead "functions under subsection (1)".

[15] Section 141 (2) (i)

Omit the paragraph.

[16] Section 141 (4)

Insert "under this Act" after "functions".

[17] Section 143 Authority may hold inquiries

Insert "under this Act" after "functions" in section 143 (1).

[18] Section 149 Information gathering for law enforcement purposes

Omit "section 148 (Secrecy)" from section 149 (5).
Insert instead "section 17 of the Casino, Liquor and Gaming Control Authority Act 2007 ".

[19] Section 150 Bribery

Omit section 150 (3). Insert instead:

(3) This section applies to or in respect of a key official only to the extent to which the key official is exercising functions under this Act or in connection with the administration of this Act.

[20] Section 154 Matters to be included in Authority's annual report

Insert "under this Act" after "licence" in section 154 (c).

[21] Section 154 (g)

Insert "under this Act" after "Authority".

[22] Section 158 Disclosure of spent convictions

Omit section 158 (2).

[23] Schedule 1 Provisions relating to the members and procedure of the Authority

Omit the Schedule.

[24] Schedule 2 Provisions concerning staff of the Authority

Omit the Schedule.

[25] Schedule 3 Matters for regulations

Insert "under this Act" after "conducted" in clause 14.

[26] Schedule 4 Savings and transitional provisions

Insert at the end of clause 1 (1):

Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007 , to the extent that it amends this Act

[27] Schedule 4, Part 8

Insert after Part 7:

Part 8 - Provisions consequent on enactment of Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007

23 Definitions 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).
24 Abolition of Casino Control Authority The Casino Control Authority is abolished on the relevant repeal date.
25 Transfer of assets, rights and liabilities
(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.
26 Members of Casino Control Authority
(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.
27 Transfer of staff and abolition of Casino Control Authority Division
(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.
28 References to Casino Control Authority 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.



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