Casino Control Act 2006

This Act is the Casino Control Act 2006.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘influential person, for a corporation—see section 9.’ means that the term ‘influential person’ is defined in that section.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Despite any other territory law but subject to this Act and the Casino (Electronic Gaming) Act 2017, it is lawful—

for the casino licensee or a casino employee to conduct an authorised game in the casino; and

for a person to play an authorised game in the casino; and

for a person to use approved gaming equipment or chips in the conduct and playing of an authorised game in the casino.

The casino is not a public or private nuisance only because it is used as a gaming house.

This section does not allow an action to be brought in a court to recover—

an amount won in the course of gaming in the casino; or

an amount, or a cheque or other instrument, given in payment of an amount mentioned in paragraph (a); or

an amount wagered in the course of gaming in the casino, that was lent in the knowledge that it was to be applied in that way.

Note An action may be brought against the casino licensee to recover an amount won at gaming in the casino or the amount of a cheque given by the casino licensee in payment of an amount won that was later dishonoured (see s 116 (3)).

Part 2 Casino administration

Division 2.1 Definitions and important concepts

For this Act, an individual is an eligible person if—

the individual is an adult; and

there is not a disqualifying ground for the individual.

Each of the following is a disqualifying ground for an individual:

the individual has been convicted, or found guilty, in the last 5 years, whether in the ACT or elsewhere, of an offence—

involving fraud or dishonesty; or

against a law about gaming;

the individual has been convicted, or found guilty, in Australia in the last 5 years of an offence punishable by imprisonment for at least 1 year;

the individual has been convicted, or found guilty, outside Australia in the last 5 years of an offence that, if it had been committed in the ACT, would have been punishable by imprisonment for at least 1 year;

the individual is, or at any time in the last 5 years has been, bankrupt or personally insolvent;

Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

at any time in the last 5 years the individual was involved in the management of a corporation when—

the corporation became the subject of a winding-up order; or

a controller or administrator was appointed;

at any time in the last 12 months the individual had—

an application for a casino employee licence refused, on the basis that the individual provided false or misleading information, in the application; or

a casino employee licence cancelled under part 4.

Despite subsection (2), the Minister or the commission may decide that an individual is an eligible person if satisfied that—

the operation of the casino would not be adversely affected if the Minister or the commission decided that the individual is an eligible person; and

it is otherwise in the public interest that the individual be treated as an eligible person.

For this Act, a corporation is an eligible person if—

each executive officer and influential person of the corporation is an eligible person; and

the corporation is not the subject of a winding-up order, and has not been the subject of a winding-up order in the last 3 years; and

a controller or administrator has not been appointed for the corporation in the last 3 years.

Despite subsection (1), the Minister or the commission may decide that a corporation is an eligible person if satisfied that—

the operation of the casino would not be adversely affected if the Minister or the commission decided that the individual is an eligible person; and

it is otherwise in the public interest that the corporation be treated as an eligible person.

In this Act:

influential person, for a corporation—

means any of the following:

an executive officer of the corporation;

a related corporation;

an executive officer of a related corporation;

an influential owner of the corporation; and

includes a person who, though not mentioned in paragraph (a), can exercise as much influence over the conduct of the corporation as someone mentioned in that paragraph.

In this section:

influential owner, of a corporation, means a person who, whether directly or through intermediary corporate ownership or nominees—

can control at least 5% of the votes at an annual general meeting of the corporation; or

can control the appointment of a director of the corporation.

related corporation means a related body corporate under the Corporations Act.

In this Act:

owner, of the casino, means a person who, alone or jointly with others, is the lessee of land where the casino, or part of the casino, is located.

A reference to the owner of the casino is a reference to all such people.

Division 2.2 Ownership of casino

A person may be an owner of the casino only if the person—

is an eligible person; and

can carry out the person’s obligations as an owner of the casino under this Act.

An owner of the casino may apply in writing to the Minister for approval to sell or otherwise dispose of the owner’s interest in the lease of the casino, or part of the interest, to someone else.

On application under section 12, the Minister must approve, or refuse to approve, the sale or other disposal of an owner’s interest in the lease of the casino, or part of the interest, to the proposed owner.

In deciding whether to approve the sale or other disposal, the Minister must consider any recommendation—

made by the commission about the sale or disposal; and

made by a casino advisory panel about the sale or disposal, including whether the sale or disposal is in the public interest.

The Minister must not approve the sale or other disposal unless satisfied that—

the proposed owner is an eligible person; and

if the change of ownership would require a control agreement to be in force under section 19—on transfer of ownership, the proposed owner will become a party to a control agreement.