Casino Control Act 1982

This Act may be cited as the Casino Control Act 1982.

This section and section 1 shall commence on the day on which this Act is assented to.

Except as provided in subsection (1), this Act shall commence on a day appointed by proclamation.

The object of this Act is to ensure that, on balance, the State and the community as a whole benefit from casino gambling.

The balance is achieved by allowing casino gambling subject to a system of regulation and control designed to protect players and the community through—

ensuring the integrity and fairness of games; and

ensuring the probity of those involved in the conduct of casino gambling; and

minimising the potential for harm from casino gambling.

The dictionary in the schedule defines particular words used in this Act.

A reference in this Act to the operation of a casino, or to a similar expression, is a reference to casino operations in respect of the casino.

A casino licence is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).

This section applies to the Minister, the chief executive or an inspector (an authorised person) when the authorised person has the power to allow someone else to do something.

The authorised person may allow the other person to do the thing on conditions the authorised person considers appropriate.

Example—If a casino operator may sell liquor at a gaming table only if the chief executive approves the sale, the chief executive may approve the sale of liquor during certain hours and at certain gaming tables.

This section applies whether or not the section mentioning the authorised person’s power states the power may be exercised on conditions.

This section applies to—

an inspector; and

a person acting under the direction of an inspector.

A person does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.

If subsection (2) prevents a civil liability attaching to a person, the liability attaches instead to the State.

A person who is, or was, an inspector or an officer of the department must not disclose confidential information gained by the person in performing functions under this Act.Maximum penalty—200 penalty units or 2 years imprisonment.

However, the person may disclose confidential information if—

the disclosure is for a purpose under this Act or a gaming Act; or

the disclosure is otherwise required or permitted by law; or

the chief executive approves the disclosure under this section; or

the disclosure is to an external adviser for the purpose of the adviser exercising the adviser’s function.

The chief executive may approve a disclosure of confidential information to—

an entity prescribed under a regulation; or

an officer, employee or member of the entity; or

a stated department, person or other entity.

Before giving an approval for subsection (3)(c), the chief executive must—

give written notice of the proposed approval to each person whom the chief executive considers is likely to be affected adversely by the disclosure; and

give the person the opportunity to make a submission about the proposed approval within the period, of at least 14 days, stated in the notice.

If confidential information is disclosed to an entity or person under an approval given by the chief executive, the entity or person, and any employee or other person under the control of the entity or person, are taken to be persons to whom subsection (1) applies and to have gained the information in performing functions under this Act.

In this section—confidential information means information, other than information that is publicly available, about—

a person’s personal affairs, business affairs or reputation, character, criminal history, current financial position or financial background; or

a person making an application under this Act.

The Governor in Council may, under a regulation, declare an entity to be an approved evaluator for evaluating gaming equipment.

The Minister may delegate the Minister’s powers under this Act to—

the chief executive; or

an appropriately qualified inspector or an appropriately qualified officer of the department.

The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified inspector or an appropriately qualified officer of the department.

In this section—appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.Example of standing—a person’s classification level in the public service

The chief executive may make guidelines to inform persons about—

the attitude the chief executive is likely to adopt on a particular matter; or

how the chief executive administers this Act.

The chief executive must publish the guidelines on the department’s website.