1Short title
This Act may be cited as the Casino Control Act 1984.
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Bill homepageThis Act may be cited as the Casino Control Act 1984.
This Act shall come into operation on a day to be fixed by proclamation.
In this Act, unless the contrary intention appears —
administrator means administrator appointed under section 21E(1) or (2);
authorised game means game declared by the Commission under section 22 to be an authorised game for the purposes of this Act;
books includes any register or other record of information and accounts or accounting records, however compiled, recorded or stored, and also any document;
casino means area in which games are conducted and played and in which money counting, surveillance, storage and other activities related to the conduct and playing of games are carried on, in accordance with a casino gaming licence granted under section 21;
casino complex, subject to any order made under section 21F(1b), means area —
in which a casino and an hotel and other amenities or premises are established, or intended to be established, to an international standard; and
which is the subject of a casino complex agreement,
and includes any casino or hotel or other amenities or premises established in that area;
casino complex agreement means agreement entered into by the Minister with a public company under section 19(1);
casino employee means person employed or working in a licensed casino whose duties or responsibilities relate to or are in support of the licensed casino, but does not include —
casino key employee; or
person or member of a class of persons prescribed for the purpose of this paragraph;
casino gaming licence means casino gaming licence granted under section 21;
casino key employee means person —
employed or working in a licensed casino in a managerial capacity or empowered to make decisions, involving the exercise of his discretion, that regulate the operation of a licensed casino; or
who the Commission determines in the public interest by reason of his influence, remuneration or function, should be designated as such;
casino licensee means holder, or person deemed to be the holder, of a casino gaming licence;
CEO means the chief executive officer of the Department;
Chief Casino Officer means the Chief Casino Officer appointed within the meaning of section 9(1);
Commission means the Gaming and Wagering Commission established under the Gaming and Wagering Commission Act 1987;
common gaming house has the meaning attributed by section 41 of the Gaming and Wagering Commission Act 1987;
Department means the department of the Public Service assisting the Minister in the administration of this Act;
game means —
game of chance or pretended game of chance; or
game or pretended game which includes a degree of chance,
whether or not combined with a skill or degree of skill and whether or not played manually or by means of —
any electrical, electronic or mechanical contrivance or machine that is constructed or adapted for use in a game or pretended game referred to in paragraph (a) or (b); or
any other instrument of gaming;
gaming operations, in relation to a casino, means —
the conduct and playing of games in the casino; or
the management, supervision or surveillance of the conduct and playing of games in the casino; or
money counting, accounting or advertising in relation to the conduct and playing of games in the casino; or
the use of storage areas in relation to the conduct and playing of games in the casino; or
any other activities incidental to or connected with —
the conduct and playing of games in the casino; or
the provision of facilities or services in relation to the conduct and playing of games in the casino;
government inspector means a government inspector appointed for the purposes of section 9(1);
licensed casino means casino in respect of which a casino gaming licence is, or is deemed to be, in force;
management and operation, of a casino, means the organisation, management, control and use of the casino, including —
the organisation, management and control of the gaming operations of the casino; and
the organisation, management and control of operations (whether of the casino licensee or not) that relate to the gaming operations of the casino;
mortgagee means person in whose favour a mortgage, charge or other encumbrance is created under section 21F(1);
public company means public company within the meaning of the Corporations Act 2001 of the Commonwealth;
public interest means public interest having regard to the creation and maintenance of public confidence and trust in the credibility, integrity and stability of licensed casino gaming operations.
In this Act the terms condition, conduct, gaming, gaming equipment, instruments of gaming, machine, possession, token and winnings shall be given the respective meanings assigned to those terms in the Gaming and Wagering Commission Act 1987.
A reference in this Act to an officer of the Commission shall be deemed to include a reference to the Chief Casino Officer, any government inspector or other officer appointed pursuant to section 9, and any other authorised officer within the meaning of the Gaming and Wagering Commission Act 1987.
This Act and subsidiary legislation under this Act are, for the purposes of the Gaming and Wagering Commission Act 1987, a written law relating to gaming.
[Section 3 amended: No. 10 of 1985 s. 23; No. 29 of 1985 s. 8; No. 64 of 1985 s. 2; No. 44 of 1987 s. 11; No. 74 of 1987 s. 12; No. 57 of 1997 s. 28(1); No. 24 of 1998 s. 4; No. 10 of 2001 s. 220; No. 35 of 2003 s. 171(2) and (3); No. 53 of 2024 s. 28.]
There shall be appointed under and subject to Part 3 of the Public Sector Management Act 1994 a Chief Casino Officer and such government inspectors and other officers, either full time or part time, as, having regard to the staff and facilities otherwise available to the Commission, are necessary to provide the administrative and other services in relation to casinos required by a casino complex agreement, this Act, the Gaming and Wagering Commission Act 1987 or any other Act.
In so far as such matters are not otherwise provided for under the Gaming and Wagering Commission Act 1987 the Commission shall, subject to the approval of the Minister —
employ temporary or casual employees; and
engage under contracts for services professional or technical or other assistance,
for the purposes, and to provide the services, referred to in subsection (1).
An officer of the Commission has and may exercise such powers, and shall perform such functions and duties, as are conferred or imposed on him by or under this Act or any other Act or a casino complex agreement.
[Section 9 inserted: No. 64 of 1985 s. 3; amended: No. 74 of 1987 s. 15; No. 32 of 1994 s. 3(2); No. 24 of 1998 s. 6(1); No. 35 of 2003 s. 171(3).]
An action in tort does not lie against a person for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act or any other written law relating to gaming or a casino complex agreement.
If this section provides that an action does not lie against a person for doing anything, the Commission and the Crown are also relieved of any liability that either of them might otherwise have for the doing of the thing by the person.
The protection given by this section applies even though the thing done in the performance or purported performance of a function under this Act or any other Act or a casino complex agreement may have been capable of being done whether or not, as the case requires —
this Act or any other Act had been enacted; or
the casino complex agreement had been entered into.
In this section —
a reference to the doing of anything includes a reference to the omission to do anything; and
a reference to the performance of a function includes a reference to the performance of a duty and the exercise of a power.
[Section 10 inserted: No. 24 of 1998 s. 7; amended: No. 32 of 2022 s. 4.]
The Chief Casino Officer may with the approval of the Commission, by instrument in writing, delegate to another officer of the Commission the exercise or performance of any of the powers, functions or duties of the Chief Casino Officer under this Act or any other Act or a casino complex agreement, other than —
this power of delegation; or
a power or duty of the Commission delegated to the Chief Casino Officer under section 16 of the Gaming and Wagering Commission Act 1987.
A delegation may be general or as otherwise provided by the instrument of delegation.
[Section 11 inserted: No. 24 of 1998 s. 7; amended: No. 35 of 2003 s. 171(3).]
[12. Deleted: No. 24 of 1998 s. 8.]
For the purposes of section 20(3) of the Gaming and Wagering Commission Act 1987 —
the communication of information concerning the affairs of another person to another regulatory body established, in Australia or elsewhere, in relation to the administration or control of gaming or betting or for law enforcement purposes; or
the provision of statistical data relating to the operations of a casino, subject to the agreement of the casino licensee; or
compliance with a request by any person, in relation to the affairs of that person relating to gaming,
may, when authorised by the Chief Casino Officer or the Commission, be taken to be a function performed in connection with that Act.
[Section 13 inserted: No. 74 of 1987 s. 17; amended: No. 57 of 1997 s. 28(2); No. 24 of 1998 s. 9; No. 35 of 2003 s. 171(3).]
The funds available for the administration of this Act consist of —
moneys from time to time appropriated by Parliament; and
casino gaming licence fees paid under section 20; and
all other moneys lawfully received by, made available to or payable to the Commission or to the Casino Control Committee as constituted prior to the coming into operation of section 4 of the Gaming and Wagering Commission Act 1987.
The funds referred to in subsection (1) shall be, as the case requires —
credited to the account referred to in section 9(2)(a) of the Gaming and Wagering Commission Act 1987; or
paid into and placed to the credit of the account referred to in section 9(2)(b) of that Act.
[Section 14 amended: No. 10 of 1985 s. 27; No. 74 of 1987 s. 18; No. 49 of 1996 s. 64; No. 24 of 1998 s. 10; No. 35 of 2003 s. 171(3).]
If any winnings —
greater than the prescribed amount; or
in a form other than money and with a value greater than the prescribed amount,
are payable from the conduct and playing of gaming operations at a licensed casino and are not claimed within 12 months after the right to be paid them first arises (unclaimed winnings), the casino licensee shall notify the Commission in writing, when directed by the Commission to do so, of —
details of the unclaimed winnings; and
the name and address, if known, of the person entitled to be paid the unclaimed winnings (the winner); and
details of any steps taken by the casino licensee to find and contact the winner.
On being notified of unclaimed winnings under subsection (1), the Commission may give directions to the casino licensee to take specified steps, or specified additional steps, to find and contact the winner.
If, on the expiry of 2 months —
after the Commission is notified under subsection (1); or
if directions are given under subsection (2), after those directions are given,
the unclaimed winnings have not been claimed —
the right of the winner to be paid those winnings is extinguished; and
subject to subsection (4), the unclaimed winnings shall be dealt with under section 109C of the Gaming and Wagering Commission Act 1987.
The Commission may give directions to the casino licensee as to the disposal of any unclaimed winnings where —
the right of the winner to be paid the winnings has been extinguished under subsection (3); and
the winnings are in a form other than money,
and any proceeds of that disposal shall be taken to be unclaimed winnings to be dealt with under section 109C of the Gaming and Wagering Commission Act 1987.
It is a condition of a casino gaming licence that the casino licensee complies with any direction given to the casino licensee under this section.
In this section —
unclaimed winnings includes any stake hazarded or bet placed that is repayable with the unclaimed winnings.
[Section 15 inserted: No. 24 of 1998 s. 11(1); amended: No. 35 of 2003 s. 171(3).]
[16. Deleted: No. 74 of 1987 s. 19.]
[17. Deleted: No. 98 of 1985 s. 3.]
For the purposes of this Part, a person is a close associate of a public company with which the Minister has entered into, or is proposing to enter into, a casino complex agreement if the person —
holds any relevant financial interest in, or is entitled to exercise any relevant power with respect to, the public company, whether in the person’s own right or on behalf of any other person, and by virtue of that interest or power is or will be able, in the opinion of the Commission, to exercise a significant influence over or with respect to the organization and conduct of the gaming operations of the licensed casino with which the casino complex agreement is concerned; or
holds any relevant position, whether in the person’s own right or on behalf of any other person, in the public company.
In this section —
relevant financial interest means —
any share in the capital of the public company; or
any entitlement to receive any income derived from the public company;
relevant position means the position of director, manager or other executive position or secretary, however that position is designated;
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.
[Section 18 inserted: No. 24 of 1998 s. 12.]
Subject to this section, the Minister acting for and on behalf of the State and its instrumentalities may enter into an agreement with a public company, whether acting on its own behalf or as a trustee or in any other capacity, with respect to the construction and establishment of a new casino complex in the State, and may in such an agreement undertake not to approve under section 21(3) during a period specified in that agreement of an application for a casino gaming licence made by a person other than a party to that agreement.
The Commission shall, before the Minister enters into a casino complex agreement with a public company, carry out such investigations as it considers necessary or desirable for the purposes of that casino complex agreement and for the purposes of satisfying itself that the public company, and each close associate of the public company, is a suitable person to be concerned in or associated with the organization and conduct of the gaming operations of a licensed casino.
Without limiting the matters that may be investigated by the Commission under subsection (1a), investigations made under that subsection shall include such investigations as the Commission considers necessary or desirable to inform itself of —
the reputation and financial status of the public company and each close associate of the public company, and the financial status or proposed financial status and the structure of any trust or proposed trust of which the public company, or a close associate of the public company, is or may become the promoter or founder or trustee; and
the reputation, financial status, and capacity to be concerned in or associated with the organization and conduct of the gaming operations of a licensed casino, of —
each natural person; and
each director or other member of the governing body of, and each principal officer of, a body corporate,
intended by the public company, or believed by the Commission, to be concerned in or associated with the organization and conduct of the gaming operations of the licensed casino with which the casino complex agreement is concerned; and
such other matters as may be prescribed.
The public company and the natural persons, directors or other members of a governing body, and principal officers, referred to in subsection (2) shall provide the Commission with such information and books —
as the Commission requires for the purposes of an investigation carried out under that subsection; and
as they are able to provide.
After having informed itself of the matters referred to in subsection (2), the Commission shall submit a report on those matters and on any other matters it considers relevant, together with its recommendations thereon, to the Minister.
A casino complex agreement is not enforceable by any party thereto unless and until it has been ratified by an Act, and no action or other proceedings may be brought in relation to a casino complex agreement until it has been so ratified.
A casino complex agreement shall not confer the right on any party thereto, or on a person referred to therein, to conduct games at the premises of the casino to which the casino complex agreement relates until a casino gaming licence is granted to that party and then only in accordance with the casino gaming licence.
A casino complex agreement may be amended or terminated in accordance with its provisions.
[Section 19 amended: No. 10 of 1985 s. 29; No. 74 of 1987 s. 20; No. 24 of 1998 s. 13.]
If the Minister is of the opinion that the power conferred on the Minister under section 19B(1) should be exercised in respect of a person, the Minister shall cause to be served on the person and on any other person who is considered by the Minister to be likely to be affected by the exercise of that power a notice in writing —
specifying the reasons for the Minister’s opinion and that the Minister proposes to exercise the power; and
requiring each person served with the notice to show cause in writing within a period of 14 days after the date of that service why that power should not be exercised.
A person served with a notice under subsection (1) may, within the period referred to in that subsection, serve on the Minister submissions in writing showing cause why the power conferred on the Minister under section 19B(1) should not be exercised.
After receiving and considering any submissions served under subsection (2) within the period referred to in subsection (1) or, if no submission is so served, within a period of 21 days after having caused the relevant notice, or the later or last of the relevant notices, as the case requires, to be served under subsection (1), the Minister may exercise the power conferred on the Minister under section 19B(1).
[Section 19A inserted: No. 24 of 1998 s. 14.]
19B. Close associate of public company may be required to dispose of shares etc.
If the Minister determines, on the advice of the Commission, that a person that is a close associate of a public company —
with which the Minister has entered into a casino complex agreement; or
that is a casino licensee,
is not, or is no longer, a suitable person to be concerned in or associated with the gaming operations of a licensed casino, the Minister may cause to be served on the person a notice in writing requiring the person to dispose of any shares, units or other interest, as specified in the notice and within the period so specified, by virtue of which the person is a close associate of the public company.
A person served with a notice under subsection (1) shall comply with the notice.
Penalty for this subsection: a fine of $100 000.
A report of a determination by the Minister under subsection (1) shall be included in the annual report submitted by the accountable authority of the Commission under Part 5 of the Financial Management Act 2006.
[Section 19B inserted: No. 24 of 1998 s. 14; amended: No. 77 of 2006 Sch. 1 cl. 20; No. 53 of 2024 s. 41.]
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