Casino Control Regulation 1999

This regulation may be cited as the Casino Control Regulation 1999.

This regulation commences on 1 July 1999.

In this regulation—

advanced evaluation, of gaming equipment, means evaluation of any of the following things relating to the equipment—

communications protocols;

monitoring systems;

random number generators.

basic evaluation, of gaming equipment, means evaluation of any of the following things relating to the equipment—

artwork;

cabinet design;

documentation, including for example, operational manuals.

casino principal means—

a casino licensee; or

a lessee under a casino lease; or

a proposed lessee; or

a casino operator under a casino management agreement; or

a proposed casino operator.

entity means a body corporate, partnership, trustee, association, firm or business.

intermediate evaluation, of gaming equipment, means evaluation of any of the following things relating to the equipment—

hardware, other than hardware subject to basic evaluation;

software, other than software subject to advanced evaluation;

the mathematical treatise of the derivation of the theoretical return to a player.

investigated person means a person of whom the Minister may make requirements under section 6.

linked jackpot equipment means any meter, payout display, linking equipment, computer equipment, programming or other device (other than a gaming machine) forming, or capable of forming, part of a progressive jackpot link arrangement.

progressive jackpot link arrangement means an arrangement under which 2 or more gaming machines are linked to a device recording a winning result or other event resulting in an amount, part of an amount, or something else, being won by a player.

progressive jackpot meter means a device for recording and displaying an amount that, if won by a player, would be—

payable to the player by a casino operator as a jackpot; or

credited to the credit meter of the player’s gaming machine.

promoter’s representative means a person performing, for the promoter, the duties of the promoter under a junket agreement.

proposed casino operator means a person with whom a casino licensee, or a lessee under a casino lease, proposes to enter into a casino management agreement under section 25 of the Act.

proposed lessee means a person to whom a casino licensee proposes to lease the casino licensee’s hotel-casino complex or casino under section 24 of the Act.

rule means a rule made under the Casino Control Act 1982, section 63.

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tournament means a tournament based on the playing of a game provided for in the rule.

For the Act, schedule, definition casino employee, paragraph (b), the following are the classes or categories of persons—

persons serving, dispensing or mixing intoxicating liquor or looking after the contents of a cellar in which intoxicating liquor is stored;

persons waiting upon tables to serve food or drinks;

persons employed in cleaning work;

persons employed on building maintenance work, including carpenters, painters, plumbers, electrical workers, fitters, and other maintenance tradespersons, and their assistants;

persons employed as entertainers or as entertainment support staff including directors, producers, musicians, stage hands, maintenance workers and all others associated with the entertainment.

The entities prescribed for section 14(3)(a) of the Act are in schedule 1.

The Minister may make requirements under this section of any of the following persons, to assist in undertaking investigations to satisfy the Governor in Council that the person is a suitable person to be associated or connected with the management and operations of a hotel-casino complex or casino—

for section 20 of the Act—a casino licensee or associated person;

for section 26 of the Act—a proposed lessee under a casino lease, proposed casino operator or associated person;

for section 30 of the Act—a casino licensee, lessee under a casino lease, casino operator or associated person.

The Minister may require an investigated person to give to the Minister—

if the investigated person is an individual—the information and other items mentioned in section 7; and

if the investigated person is an entity—the information and other items mentioned in section 10.

If the investigated person is a trustee of a trust estate, the Minister may make a requirement of the person under either or both of sections 7 and 10, and if the Minister does so—

any requirement under section 7 relates to the person as an individual; and

any requirement under section 10 relates to the person as trustee, or to the trust estate, or both, as the Minister considers appropriate.

This section does not restrict the Minister in taking any other action the Minister considers appropriate to fulfil the Minister’s duty under section 20, 26 or 30 of the Act.

In this section—

associated person, for a casino principal, means a person associated or connected, or to be associated or connected, in the opinion of the Minister, with the ownership, administration or management of the operations or business of the casino principal.

The Minister may require an investigated person who is an individual to give to the Minister any or all of the following—

information regarding some or all of the matters mentioned in schedule 2;

an authority under section 12;

a recent photograph of the individual.

If the Minister does not require an individual to provide information regarding any of the matters mentioned in schedule 2, part B, the Minister may require the individual to give to the Minister a certificate under section 9.

A request made of an individual under this section to give to the Minister information about another person is a request to do so to the best of the individual’s knowledge.

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The Minister may, under section 7(2), require an investigated person who is an individual to give to the Minister a certificate—

signed by an accountant; and

containing the accountant’s name and address; and

stating that the accountant—

has examined the individual’s financial affairs; and

is of the opinion that the individual is of sound and stable financial background.

In this section—

accountant means—

a member of the Institute of Chartered Accountants in Australia who holds a current certificate of public practice issued by the institute; or

a member of the Australian Society of Certified Practising Accountants who holds a current public practice certificate issued by the society; or

a member of the Institute of Public Accountants who holds a current public practice certificate issued by the institute; or

a person approved by the chief executive as having the necessary experience or qualifications to certify a certificate of financial stability.

The Minister may require an investigated person that is an entity to give to the Minister any or all of the following—

information regarding some or all of the matters set out in schedule 3;

an authority under section 12;

copies of any documents that relate to the entity lodged in the offices of the National Companies and Securities Commission, the Australian Securities Commission or any other similar body in a country other than Australia;

copies of any trust deed or partnership agreement that relates to the entity;

copies of the entity’s audited and published financial statements;

copies of any related body corporate’s audited and published financial statements.

In this section—

related body corporate has the meaning given by the Corporations Act, section 9.

In deciding the requirements to make of an investigated person under section 7 or 10, the Minister is to consider, but is not limited to, the nature and level of involvement proposed for the person in the management and operations of the hotel-casino complex or casino.

The Minister may require an investigated person to give the Minister an authority that authorises the addressee of the authority to release documents to—

an inspector; or

a member of the police service.

In subsection (1)—

documents means all, or specified, records, correspondence and other documents, in the possession of or under the control of the addressee, that relate to the investigated person.