Gaming and Liquor Administration Act 2007

This Act is the Gaming and Liquor Administration Act 2007.

This Act commences on a day or days to be appointed by proclamation.

The objects of this Act are as follows—

to ensure the probity of public officials who are engaged in the administration of the gaming and liquor legislation,

to ensure that the Authority and NICC are accessible and responsive to the needs of all persons and bodies who deal with the Authority,

to promote fair and transparent decision-making under the gaming and liquor legislation,

to require matters under the gaming and liquor legislation to be dealt with and decided in an informal and expeditious manner,

to promote public confidence in—

the Authority’s decision-making and in the conduct of its members and staff, and

the NICC’s decision-making and in the conduct of its Commissioners and staff.

In this Act—

Authority means the Independent Liquor and Gaming Authority constituted under this Act.

casino, casino licence, casino operator, gaming equipment and operations have the same meanings as in the Casino Control Act 1992.

close associate—see section 5.

controlled contract means a contract within the meaning of section 36 of the Casino Control Act 1992.

controlled purchasing operation—see section 33A.

Department means the Department of Enterprise, Investment and Trade.

designated Public Service employee means a Public Service employee who is designated by the Secretary and who is employed to enable the Authority to exercise its functions.

exercise a function includes perform a duty.

function includes a power, authority or duty.

gaming and liquor legislation—see section 4.

gaming or liquor licence means a licence under the gaming and liquor legislation, and gaming and liquor licensee includes a casino operator or a registered club.

inspector means a person appointed under section 20.

key official means any of the following—

a member of the Authority,

a member of the NICC,

the General Counsel of the Authority,

the Secretary,

a designated Public Service employee who is the subject of a written order by the Secretary (or an order by the Authority in force immediately before the substitution of this paragraph by the Gaming and Liquor Administration Amendment Act 2015) that has been served on the employee and is to the effect that the employee is a key official for the purposes of the gaming and liquor legislation,

a Public Service employee (other than a designated Public Service employee) engaged in the administration of the gaming and liquor legislation who is the subject of a current written order by the Secretary that has been served on the employee and is to the effect that the employee is a key official for the purposes of the gaming and liquor legislation,

a member of the staff of the NICC,

a consultant to the Authority who is the subject of a current written order by the Authority that has been served on the consultant and is to the effect that the consultant is a key official for the purposes of the gaming and liquor legislation,

a consultant to the NICC,

the Commissioner of Police or a police officer who holds the position of Police Area Commander or Police District Commander or a higher ranked or graded position but is not referred to in paragraph (g),

a member of the NSW Police Force who is the subject of a current written order by the Commissioner of Police that has been served on the member and is to the effect that the member is a key official for the purposes of the gaming and liquor legislation.

marine authority, for Part 4, Division 5B—see section 33B.

marine improvement notice, for Part 4, Division 5B—see section 33B.

member of the Authority means any person appointed under section 7.

NCAT means the Civil and Administrative Tribunal of New South Wales.

NICC means the New South Wales Independent Casino Commission established under the Casino Control Act 1992.

premises includes—

a building or structure, or

land or a place (whether enclosed or built on or not), or

a vehicle, vessel or aircraft.

records includes plans, specifications, maps, reports, books and other documents (whether in writing, in electronic form or otherwise).

registered club means a club that holds a club licence under the Liquor Act 2007.

relevant person, for Part 4, Division 5B—see section 33B.

relevant purpose, for Part 4, Division 5B—see section 33B.

Secretary means the Secretary of the Department.

Note.

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

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

In this Act—

gaming and liquor legislation means any of the following Acts or specified parts of Acts and the regulations and other instruments made under those Acts or parts—

this Act,

Casino Control Act 1992,

Gaming Machines Act 2001,

Liquor Act 2007,

Registered Clubs Act 1976,

Gaming Machine Tax Act 2001 (Part 4 and Schedule 1).

For the purposes of the gaming and liquor legislation, a person is a close associate of an applicant for, or the holder of, a gaming or liquor licence if the person—

holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the applicant or licensee that is or will be carried on under the authority of the licence, and by virtue of that interest or power is or will be able (in the opinion of the Authority) to exercise a significant influence over or with respect to the management or operation of that business, or

holds or will hold any relevant position, whether in his or her own right or on behalf of any other person, in the business of the applicant or licensee that is or will be carried on under the authority of the licence.

A reference in the gaming and liquor legislation to a close associate of a person includes a reference to a former close associate of the person.

In this section—

relevant financial interest, in relation to a business, means—

any share in the capital of the business, or

any entitlement to receive any income derived from the business, or to receive any other financial benefit or financial advantage from the carrying on of the business, whether the entitlement arises at law or in equity or otherwise, or

any entitlement to receive any rent, profit or other income in connection with the use or occupation of premises on which the business of the club is or is to be carried on (such as, for example, an entitlement of the owner of the premises of a registered club to receive rent as lessor of the premises).

relevant position means—

the position of director, manager or secretary, or

any other position, however designated, if it is an executive position.

relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—

to participate in any directorial, managerial or executive decision, or

to elect or appoint any person to any relevant position.

For the purposes of this section, a financial institution is not a close associate by reason only of having a relevant financial interest in relation to a business.

For the purposes of this section, a Presiding Officer (within the meaning of the Parliamentary Precincts Act 1997) is not, in the case of a licence under the Liquor Act 2007, a close associate of an applicant for a licence or the holder of a licence that relates to premises within the Parliamentary precincts.

This section does not apply to the Casino Control Act 1992 and the regulations made under that Act.

There is constituted by this Act a corporation with the corporate name of the Independent Liquor and Gaming Authority.

The Authority is a NSW Government agency.

The Authority is, in the exercise of its functions, subject to the control and direction of the Minister, except in relation to the following—

the contents of any advice, report or recommendation given to the Minister,

decisions in relation to—

the granting, suspension or cancellation of a gaming or liquor licence, or

the imposition, variation or revocation of conditions of a gaming or liquor licence, or

the taking of disciplinary action under the gaming and liquor legislation.

(Repealed)

The Authority consists of—

the following members appointed by the Governor on the recommendation of the Minister—

a Chairperson,

a Deputy Chairperson,

other members, and

any assistant members appointed by the Minister under section 8A.

The Minister must, when making recommendations to the Governor—

only recommend persons who are on the recommended members list, and

consider the terms of existing members to try to ensure the staged replacement of members, and

try to ensure the Authority has members who together have expertise or experience in each of the following—

the responsible operation of licensed venues or music festivals,

law enforcement, including in relation to financial crime,

accounting or corporate governance,

harm minimisation.

Schedule 1 has effect in relation to the members and procedures of the Authority.

When a vacancy in the office of a member of the Authority occurs, the Minister must establish a selection panel to prepare and give the Minister a list (a recommended members list) that includes—

persons recommended for appointment to the vacant office, and

recommendations about the terms of office for persons included on the recommended members list.

The Minister may establish the selection panel before the vacancy occurs.

The selection panel must ensure the number of persons included in the recommended members list given to the Minister is not less than the number of persons required to fill the vacancy.

The selection panel must ensure the recommended members list comprises the following persons—

at least 1 person who is—

a Judge or former Judge, or

a lawyer of at least 7 years standing with experience in administrative law,

other persons, each of whom has expertise or experience in—

the responsible operation of licensed venues or music festivals, or

law enforcement, including in relation to financial crime, or

accounting or corporate governance, or

harm minimisation.

The Minister may, by written instrument, appoint additional temporary members (assistant members) to the Authority.

The functions of an assistant member are any or all of the following, as stated in the assistant member’s instrument of appointment—

to assist the Authority in the exercise of its functions generally,

to assist a specific investigation or inquiry,

to exercise any other functions under this Act.

The Authority has the functions conferred or imposed on it by or under—

the gaming and liquor legislation, or

any other legislation.

The Authority may employ staff to assist the Authority to exercise its functions.

The Authority may, without limiting subsection (2)—

arrange for police officers to be made available to perform services for the Authority, and

arrange for the use of the services of any staff or facilities of a Public Service agency or a public or local authority, and

engage such consultants as it requires to exercise its functions.

The Authority may establish committees to assist it in connection with the exercise of any of its functions.

A committee of the Authority need not include a member of the Authority.

The procedure for the calling of meetings of a committee and for the conduct of business at those meetings is to be as determined by the Authority or (subject to any determination of the Authority) by the committee.