Queensland Numbered Acts Queensland Numbered ActsPart 9 —
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90J Casino operator to give access to electronic systems(1) This section applies in relation to an electronic system used by a casino operator to—(a) monitor or store information relating to player cards or player accounts; or(b) monitor the conduct of gambling; or(c) monitor the financial operations of the casino, including revenue, turnover and profits; or(d) monitor the operation of gaming machines and other gaming equipment; or(e) monitor the operation of junket agreements; or(f) facilitate the calculation of taxes or levies payable under this Act.(2) The casino operator must give the chief executive full access to the system in a way that allows the chief executive to access the information in the system—(a) in real time or as close to real time as is practicable; and(b) independently of the casino operator.Penalty—Maximum penalty—160 penalty units.(3) To enable the chief executive to obtain access in the way mentioned in subsection (2), the chief executive may give the casino operator a written direction to do, or stop doing, a stated thing by a stated time.(4) The casino operator must comply with a direction under subsection (3) unless the casino operator has a reasonable excuse.Penalty—Maximum penalty—100 penalty units.(5) To remove any doubt, it is declared that information obtained because of access given by the casino operator under this section is admissible in evidence in a proceeding against the casino operator for an offence.
90K Definition for division In this division—
"casino entity" , for a casino licence, means an entity who is—(a) the casino licensee; or(b) a lessee under a casino lease for the casino; or(c) a casino operator for the casino under a casino management agreement.
90L Conduct of reviews(1) At any time, the chief executive may cause a review to be carried out under this division about a matter relating to a casino licence.(2) The chief executive must cause full reviews for each casino licence to be carried out under this division at intervals of not more than 5 years.(3) However, a regulation may postpone the time by which a full review for a casino licence must be carried out to a day not more than 7 years after the last full review was completed for the licence.(4) A single review may relate to 2 or more casino licences.(5) In this section—
"full review" means a review complying with section 90N.
90M Appointment of reviewer(1) The chief executive must appoint an appropriately qualified person to carry out a review.(2) The instrument of appointment must include—(a) the matters that the reviewer must inquire into; and(b) the due day for completing the review and giving a report to the Minister and the chief executive.(3) The reviewer is subject to the directions of the chief executive in relation to the conduct of the review, including any directions about the matters mentioned in subsection (2)(a) and (b).
90N Full reviews(1) For a full review required under section 90L, the matters that the reviewer is directed to inquire into under section 90M must include—(a) the management and operation of the casino, including matters relating to corporate governance; and(b) the suitability of each casino entity for the licence to be associated or connected with the management and operation of a hotel-casino complex or casino; and(c) the compliance of each casino entity for the licence with—(i) this Act; and(ii) the agreement Act for the casino; and(iii) the casino agreement for the casino; and(d) whether it is in the public interest that the casino licence remain in force; and(e) whether it is in the public interest that any casino management agreement or casino lease, for the casino or the hotel-casino complex, remain in force.(2) An inquiry under subsection (1)(a) may include an inquiry about—(a) the oversight of the casino’s operation, or influence on the casino’s operation, of the board of—(i) a corporation that is a casino entity; or(ii) a holding company of a corporation that is a casino entity; or(b) the influence of a casino entity’s organisational culture on the risk management and governance of the casino’s operation; or(c) a casino entity’s systems and procedures to assure the compliance mentioned in subsection (1)(c).(3) An inquiry under subsection (1)(b) about the suitability of a casino operator must include an inquiry about the compliance of the casino operator and its employees and agents with any relevant code of conduct in effect under section 126A.
90O Powers etc. of reviewer(1) In the conduct of a review, the reviewer—(a) has the ordinary commission powers; and(b) also has the special commission powers if—(i) the reviewer is a Supreme Court judge or an Australian lawyer of at least 7 years standing; and(ii) the reviewer’s appointment states that the reviewer has the special commission powers.(2) For the purpose of the conferral and exercise of the commission powers under subsection (1), the Commissions of Inquiry Act 1950 applies—(a) as if a reference in that Act to a commission were a reference to a review; and(b) as if a reference in that Act to a commissioner or chairperson were a reference to a reviewer; and(c) with all necessary changes and any changes prescribed by regulation.(3) If the reviewer is an inspector, the reviewer may exercise a power under part 9, division 2 for the purpose of the review.(4) In this section—
"commission powers" means the powers, rights, privileges, protection and jurisdiction of a commission of inquiry under the Commissions of Inquiry Act 1950 .
"ordinary commission powers" means the commission powers other than the special commission powers.
"special commission powers" means the commission powers given under the Commissions of Inquiry Act 1950 only to a commission whose chairperson is a judge of the Supreme Court.
90P Legal professional privilege(1) For the Commissions of Inquiry Act 1950 , section 14(1)(b), it is not a reasonable excuse for a witness to refuse to produce a document or other thing because it contains information that is the subject of legal professional privilege.(2) Without limiting the Commissions of Inquiry Act 1950 , section 14(1A), a person attending before a reviewer is not entitled to do a thing mentioned in section 14(1A)(a) to (c) on the ground of legal professional privilege.(3) Information does not cease to be the subject of legal professional privilege only because it is given to the reviewer under this division.(4) A reference in this section to a provision of the Commissions of Inquiry Act 1950 is a reference to the provision as applied under section 90O of this Act.
90Q Review proceedings in public or private A proceeding conducted by a reviewer may be held in public or in private.
90R Casino entities must pay costs of review(1) The casino entities for the casino licence, or each of the casino licences, to which a review relates are liable for the costs of conducting the review.(2) The chief executive may give a notice to a casino entity (a
"payment notice" )—(a) requiring payment of—(i) the costs, or part of the costs, that have been incurred or are expected to be incurred in the conduct of a review; or(ii) an instalment of costs mentioned in subparagraph (i); and(b) stating the day, not earlier than 30 days after the notice is given, by which the amount must be paid.(3) In deciding the proportion of the costs that each of the casino entities should be required to pay, the chief executive may have regard to the extent the costs were incurred in relation to the casino entity or casino licence.(4) A payment notice may be given before, during or after a review is conducted.(5) A casino entity must comply with a payment notice.(6) An amount that a casino entity is required to pay under a payment notice is a debt payable by the casino entity to the State.(7) If a casino entity pays an amount under this section for costs that are expected to be incurred, and the amount incurred is less than the amount paid, the chief executive must refund the excess amount to the casino entity.
90S Review report(1) The reviewer for a review must prepare a report on the review and give the report to the Minister and the chief executive.(2) The chief executive may publish the report, or part of the report or a redacted version of the report, to the public if the chief executive considers it appropriate.(3) The chief executive must withhold from publishing in the report anything the chief executive is satisfied—(a) is information about an individual’s personal affairs; or(b) is commercial in confidence; or(c) is information the publication of which would be against the public interest.