Authorised games, miscellaneous provisions about
23 Authorised games, miscellaneous provisions about
Notwithstanding sections 41 and 42 of the Gaming and Wagering Commission Act 1987 —
casino premises to which a relevant casino gaming licence relates shall where —
that licence is not contravened; and
the games conducted or played are authorised games conducted and played in accordance with the approved rules; and
the games are organized, managed and conducted by the casino licensee, or the manager or operator referred to in a casino complex agreement to which the casino licensee is a party, or by persons acting as the employees or agents of the casino licensee or that manager or operator, and the relevant casino complex agreement is not contravened; and
this Act is not otherwise contravened by the licensee or that manager or operator,
be taken not to be premises open, kept or used as a common gaming house; and
on the casino premises the playing of an authorised game in accordance with the approved rules, or the use of any gaming equipment or instruments of gaming within the meaning of that Act (not being poker machines capable of manual operation) or the conduct of any lottery comprising or necessary to the conduct of an authorised game, shall be taken not to be prohibited and, except in so far as subsection (2) applies, is not unlawful.
Subject to subsection (2a), where a person —
who is a member of the Commission or the Chief Casino Officer, a government inspector or other officer appointed under section 9(1); or
who is a casino key employee or casino employee; or
in respect of whom a prohibition or direction under section 26 is in force,
participates as a player in any game in the casino, the person commits an offence.
Penalty for this subsection: a fine of $50 000.
Subsection (2) does not apply to prohibit a person referred to in that subsection from participating as a player in any game in the casino if the person is required to do so in order to exercise or perform a power, function, or duty conferred or imposed on the person by or under this Act, any other Act, or a casino complex agreement.
If a court convicts a person of an offence under subsection (2), the court shall, on the application of the prosecutor and in addition to any other penalty imposed under that subsection, order the forfeiture to the Crown of any winnings paid to the person as a result of the commission of the offence.
A licensed casino shall not be deemed to be a nuisance, public or private, by reason only that it is used as a casino.
A person shall not be entitled, except as against a casino licensee, to bring legal proceedings to recover —
money won at gaming in a licensed casino; or
money on a cheque or other instrument given in payment of money so won; or
a loan of money with which to play a game in a licensed casino,
that could not be brought if this Act had not been enacted.
[Section 23 amended: No. 10 of 1985 s. 33; No. 74 of 1987 s. 27; No. 57 of 1997 s. 28(3) and (4); No. 24 of 1998 s. 18; No. 35 of 2003 s. 171(3); No. 84 of 2004 s. 80; No. 53 of 2024 s. 41.]
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