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CASINO CONTROL AND OTHER LEGISLATION AMENDMENT ACT 2022 - SECT 29

Insertion of new ss 91AA–91AC

29 Insertion of new ss 91AA–91AC

Part 9 , after section 91
insert—

91AA Direction to appoint external adviser
(1) The Minister may, by written notice given to any of the following entities (each a
"casino entity" ), direct the entity to engage a suitably qualified person as an external adviser by a stated date—
(a) a casino licensee;
(b) a lessee under a casino lease;
(c) a casino operator under a casino management agreement.
(2) The functions of an external adviser are to investigate and report to the Minister on any of the following matters as required by the Minister under the terms of the adviser’s appointment—
(a) a matter related to the operation of a casino;
(b) the conduct of a casino entity;
(c) the suitability of a casino entity to be associated or connected with the management and operations of a hotel-casino complex or casino;
(d) the suitability of a person, who the Minister believes is associated or connected with the ownership, administration or management of the operations or business of a casino entity, to be associated or connected with the management and operations of a hotel-casino complex or casino;
(e) another matter relating to a casino entity and the administration of this Act.
(3) The person engaged as an external adviser must be approved by the Minister for the engagement.
(4) The terms and conditions of an external adviser’s engagement must be approved by the Minister.
(5) A casino entity given a direction under subsection (1) is liable for all costs and expenses associated with engaging an external adviser and the adviser exercising the adviser’s functions.
(6) A casino entity given a direction under subsection (1) must comply with the direction.
Penalty—
Maximum penalty—160 penalty units.
(7) A casino entity must, if asked by the external adviser engaged by the entity, give the adviser all information the adviser reasonably requires to perform the adviser’s functions.
Penalty—
Maximum penalty—160 penalty units.
(8) A casino entity is not excused from complying with a request for information made under subsection (7) on the ground that the information is the subject of legal professional privilege.
(9) Information does not cease to be the subject of legal professional privilege only because it is given to an external adviser in accordance with a request made under subsection (7).
91AB Power to require verification of information
(1) This section applies if, under this Act, a person must give information or a document to the Minister, the chief executive or an inspector.
(2) The Minister, chief executive or inspector may—
(a) require the information be given on oath; or
(b) require the information or document to be verified by statutory declaration.
(3) When making a requirement under subsection (2), the Minister, chief executive or inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.
(4) For subsection (2)(a), the Minister, chief executive, inspector or other person appointed by the Minister may administer an oath.
(5) If a requirement is made of the person under subsection (2), the person must comply with the requirement, unless the person has a reasonable excuse.
Penalty—
Maximum penalty for subsection (5)—160 penalty units.
91AC Remediation plan
(1) The Minister may, by written notice given to a casino entity
(a) direct the entity to prepare a plan for the remediation of the management and operations of the entity (a
"remediation plan" ); and
(b) require the remediation plan to provide for particular matters; and
(c) require the remediation plan to be submitted to the Minister for approval by a stated day.
(2) The Minister may approve the remediation plan being prepared and approved in stages.
(3) The Minister may approve a remediation plan for a casino entity only if satisfied that implementation of the plan is likely to achieve the remediation of the management and operations of the entity.
(4) If a casino entity has an approved remediation plan, the Minister may, by written notice given to the entity, direct the entity to amend the plan by the day and in the way stated in the notice.
(5) The Minister may approve an amended remediation plan for a casino entity only if satisfied that implementation of the amended plan is likely to achieve the remediation of the management and operations of the entity.
(6) If a casino operator has an approved remediation plan, the plan, including any amendment of the plan, is taken to form part of the operator’s approved control system.
(7) If there is any inconsistency between an approved remediation plan for a casino operator and an approved control system for the operator, the remediation plan prevails to the extent of the inconsistency.
(8) If given a direction under subsection (1) or (4), the casino entity must comply with the direction.
Penalty—
Maximum penalty—400 penalty units.
(9) If a casino entity has an approved remediation plan, the entity must not contravene the plan.
Penalty—
Maximum penalty—400 penalty units.
(10) A casino entity must not change the entity’s approved remediation plan other than under a direction or approval of the Minister.
Penalty—
Maximum penalty—400 penalty units.
(11) In this section—

"casino entity" means—
(a) a casino licensee; or
(b) the lessee under a casino lease; or
(c) the casino operator under a casino management agreement.



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