Casino Control Regulation 2019

This Regulation is the Casino Control Regulation 2019.

This Regulation commences on 1 September 2019 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Casino Control Regulation 2009 which is repealed on 1 September 2019 by section 10(2) of the Subordinate Legislation Act 1989.

In this Regulation—

advertisement relating to gaming machines has the same meaning as in the Act, section 70A.

approved player information brochure—see clause 17(2).

casino advertising means advertising that is directly related to the operation of a casino, including a sign, but does not include an advertisement relating to gaming machines.

casino environs means premises the subject of an order under section 89(3) of the Act.

deposit account, for a patron, means a deposit account established by the patron with a casino operator, as referred to in the Act, section 75(2).

deposit limit, for Part 4A, Division 4—see clause 31I.

gaming limit, for Part 4A, Division 4—see clause 31I.

liquor has the same meaning as it has in the Liquor Act 2007.

Liquor & Gaming NSW means the part of the Department of Enterprise, Investment and Trade known as Liquor & Gaming NSW.

net loss limit, for Part 4A, Division 4—see clause 31I.

player card means a card issued by a casino operator to a patron to use for gaming at the casino, as referred to in the Act, section 71A.

promoter of a junket means a person who organises, promotes or conducts a junket, but does not include a casino operator or a casino employee.

representative of a promoter means a person who is authorised by a promoter to act on the promoter’s behalf in the organisation, promotion or conduct of a junket.

table game does not include an electronic table game.

the Act means the Casino Control Act 1992.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

Notes included in this Regulation do not form part of this Regulation.

For the purposes of paragraph (b) of the definition of major change in section 35(1) of the Act, a change in the state of affairs existing in relation to a casino operator that is described in Schedule 1 is prescribed as a major change.

For the purposes of the definition of minor change in section 35(1) of the Act, a change in the state of affairs existing in relation to a casino operator that is described in Schedule 2 is prescribed as a minor change.

For the purposes of section 43(2) of the Act, a person employed or working in a casino in a capacity relating to—

the movement of money about the casino, or

the exchange of money in the casino, or

the counting of money in the casino, or

the supervision of that movement, exchange or counting of money,

is exempt from being a special employee if the money concerned relates only to the sale of food or drink, or of souvenirs or similar merchandise, in the casino.

However, subclause (1) does not operate to exempt from being a special employee an employee who is at any time responsible (whether in an acting capacity or otherwise) for the supervision and management of the sale or supply of liquor in the casino.

For the purposes of section 43(2) of the Act, a person employed or working in a casino in any of the following capacities is exempt from being a special employee—

as a promoter of a junket,

as a representative of such a promoter,

as a person providing a cash collection, delivery and handling service to the casino under a contract or as an employee of such a person.

For the purposes of section 63 of the Act—

a change in the state of affairs existing in relation to a holder of a licence that is described in Column 1 of Schedule 3 is prescribed, and

the particulars that are specified in Column 2 of Schedule 3 opposite a change described in Column 1 of that Schedule are prescribed particulars in relation to that change.

For the purposes of section 46(1)(a) of the Act, the prescribed fee to accompany an application for a licence under Part 4 of the Act is the relevant fee specified in Schedule 7.

For the purposes of section 56(2) of the Act, the prescribed fee to accompany an application for a renewal of a licence under Part 4 of the Act is the relevant fee specified in Schedule 7.

For section 42A(3)(a) of the Act, the NICC must have regard to the degree of control or influence the close associate is or will be able to, in the NICC’s opinion, exercise over the casino operator’s business.

For the Act, section 42F(4), definition of substantial change, the following changes in a close associate’s state of affairs are prescribed as substantial—

the refusal by a relevant regulator of an application made by the close associate for a licence or other authorisation,

the suspension or cancellation by a relevant regulator of a licence or other authorisation held by the close associate,

the taking of disciplinary action by a relevant regulator in relation to the close associate,

the commencement, discontinuation, settlement or finalisation of civil proceedings in relation to the close associate, other than matters that are not reasonably likely to affect whether the close associate is a suitable person to be concerned in or associated with the management and operation of a casino, having regard to the matters specified in the Act, section 42D(3),

Example—

Civil proceedings involving industrial relations or workers compensation matters may not be reasonably likely to affect whether the close associate is a suitable person.

the commencement, discontinuation or finalisation of criminal proceedings in relation to the close associate,

the commencement, discontinuation or finalisation of an inquiry, investigation, examination or similar process, in relation to the close associate, by a law enforcement agency within the meaning of the Act, section 149,

the commencement, discontinuation or finalisation of an investigation or similar process by the casino operator in relation to the conduct of the close associate,

any other change that may affect whether the close associate is a suitable person to be concerned in or associated with the management and operation of a casino, having regard to the matters specified in the Act, section 42D(3).

In this clause—

relevant regulator means the following—

the NICC,

the Authority,

a casino, gaming, wagering or liquor regulator in another jurisdiction, including a jurisdiction outside of Australia.

The NICC must, as soon as practicable after receiving notice in accordance with section 37(1) of the Act of details of a proposed controlled contract, provide the casino operator with an identifying serial number for the proposed contract.

For the purposes of section 37(1) of the Act, the prescribed fee is the relevant fee specified in Schedule 7.