Casino Control Act 1982

An Act to provide for the regulation and control of the operation of casinos and for purposes connected therewith

1Short title

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

2Commencement

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

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

s 2 amd 1995 No. 6 s 2 sch

3Object

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

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

(a)ensuring the integrity and fairness of games; and

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

(c)minimising the potential for harm from casino gambling.

s 3 prev s 3 om 3 June 1993 RA s 36

pres s 3 ins 2000 No. 51 s 4

4Definitions

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

s 4 amd 2002 No. 43 s 4

Note—prev s 4(1) contained definitions for this Act. Definitions are now located in schedule—Dictionary.

4AReferences to operation of casino etc.

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.

s 4A (prev s 4(2)) amd 2002 No. 43 s 112 sch 2

renum 2002 No. 43 s 112 sch 2

sub 2016 No. 17 s 72

4BDeclaration for Commonwealth Act

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

s 4B ins 2010 No. 44 s 90

5Exercise of power on conditions

(1)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.

(2)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.

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

s 5 sub 1995 No. 6 s 4

pt 2 hdg sub 1995 No. 6 s 4

13Protection from liability

(1)This section applies to—

(a)an inspector; and

(b)a person acting under the direction of an inspector.

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

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

s 13 sub 1995 No. 6 s 4

14Confidentiality of information

(1)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.

(2)However, the person may disclose confidential information if—

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

(b)the disclosure is otherwise required or permitted by law; or

(c)the chief executive approves the disclosure under this section; or

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

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

(a)an entity prescribed under a regulation; or

(b)an officer, employee or member of the entity; or

(c)a stated department, person or other entity.

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

(a)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

(b)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.

(5)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.

(6)In this section—

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

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

(b)a person making an application under this Act.

s 14 sub 1995 No. 6 s 4

amd 1996 No. 47 s 244 sch 3; 2003 No. 26 s 18 sch

sub 2004 No. 21 s 4

amd 2022 No. 23 s 4

14AApproved evaluators

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

s 14A ins 1999 No. 77 s 160

15Delegations

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

(a)the chief executive; or

(b)an appropriately qualified inspector or an appropriately qualified officer of the department.

(2)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.

(3)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

s 15 sub 1995 No. 6 s 4; 1997 No. 57 s 7

amd 2005 No. 12 s 88 sch

15AChief executive may make guidelines

(1)The chief executive may make guidelines to inform persons about—

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

(b)how the chief executive administers this Act.

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

s 15A ins 2022 No. 23 s 5

16Approval of forms

The chief executive may approve forms under this Act.

s 16 amd 3 June 1993 RA s 39

sub 1995 No. 6 s 4

17Police commissioner to notify changes in criminal history

(1)This section applies if—

(a)the chief executive gives the police commissioner the name of a relevant person for this section; and

(b)the commissioner reasonably suspects a person who is charged with an offence is the relevant person.

(2)The commissioner must notify the chief executive about the change in the person’s criminal history.

(3)The notice must state the following—

(a)the person’s name and address;

(b)the person’s date of birth;

(c)the offence the person is charged with;

(d)particulars of the offence;

(e)the date of the charge.

(4)The chief executive may confirm the suspicions of the police commissioner under subsection (1).

(5)In this section—

relevant person means—

(a)a casino key employee; or

(b)a casino employee; or

(c)a casino operator who is an individual; or

(d)an individual identified by the Minister as being associated or connected with the ownership, administration or management of the operations or business of a casino operator.

s 17 prev s 17 om 1995 No. 6 s 4

pres s 17 ins 2009 No. 41 s 4

amd 2024 No. 10 s 4

18Grant of casino licences

(1)Notwithstanding any other Act or law—

(a)the Governor in Council may, on the recommendation of the Minister, grant casino licences; and

(b)the conduct and playing of games in a casino pursuant to a casino licence, in accordance with this Act and any other applicable Act and the agreement relating to the particular licence, is lawful; and

(c)the use of any gaming equipment or chips in the conduct and playing of games where such games are conducted and played in a casino pursuant to a casino licence is lawful.

(2)The Governor in Council may grant a casino licence on conditions.

s 18 amd 2002 No. 43 s 112 sch 2; 2016 No. 17 s 73

19Agreement to precede grant of casino licence

(1)The Governor in Council shall grant a casino licence pursuant to the Governor in Council’s power to do so under section 18 where—

(a)an agreement that satisfies the requirements of subsection (1A) has been entered into with the approval of the Governor in Council; and

(b)those terms and conditions contained in the agreement and the provisions of this Act and any provisions of the Act ratifying the agreement to be complied with up to the time of the grant of the casino licence have been complied with.

(1A)For subsection (1)(a), the agreement must—

(a)be entered into by the Minister, for and on behalf of the State, and any of the following persons—

(i)the casino licensee;

(ii)another person whom the Governor in Council considers to be an appropriate person to be a party to the agreement with a view to the issue of a casino licence to the casino licensee; and

(b)identify—

(i)the casino to be the subject of the licence; or

(ii)the area in which the casino to be the subject of the licence will be located; and

(c)contain the terms and conditions the Governor in Council thinks appropriate.

(2)The agreement shall have no force or effect unless and until it is ratified by Parliament.

s 19 amd 2016 No. 17 s 74

20Suitability of casino licensee and other persons

(1)Prior to an agreement being entered into, the Minister shall cause to be undertaken such investigations as are necessary to satisfy the Governor in Council or shall require the casino licensee and all persons whether natural persons or not 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 licensee to satisfy the Governor in Council that such casino licensee and such persons as aforesaid are suitable persons to be associated or connected with the management and operations of a hotel-casino complex or casino having regard to the following matters appropriate to them respectively, that is to say—

(a)that each person in question is of good repute, having regard to character, honesty and integrity;

(b)that each person in question is of sound and stable financial background;

(c)in the case of the casino licensee not being a natural person—that it has arranged or, as the circumstances require, has, in an appropriate case, a satisfactory ownership, trust or corporate structure;

(d)that the casino licensee has or is able to obtain or, where constituted by more than 1 person, together have or are able to obtain—

(i)financial resources that are adequate to ensure the financial viability of the hotel-casino complex; and

(ii)the services of persons who have sufficient experience in the management and operation of a hotel-casino complex;

(e)that the casino licensee has or, where constituted by more than 1 person, together have sufficient business ability to establish and maintain or to maintain, as the case may be, a successful hotel-casino complex;

(f)that none of them has any business association with any person, body or association who or that, in the opinion of the Governor in Council after investigation made or caused to be made by the Minister, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial sources;

(g)that each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Minister associated or connected or to be associated or connected with the ownership, administration or management of the operations or business of the casino licensee is a suitable person as or to be such director, partner, trustee, executive officer, secretary or other officer or person in the person’s respective capacity;

(h)such other matters with respect to which the Governor in Council determines the Governor in Council should be satisfied in the particular case.

(2)Nothing contained in subsection (1) operates to require the Minister to cause investigations to be undertaken or to require the casino licensee or other persons referred to in that subsection to satisfy the Governor in Council with respect to any matter where such investigations have been undertaken or the casino licensee or any other person as aforesaid has satisfied the Governor in Council with respect to that matter pursuant to a requirement prior to the commencement of this Act.

(3)If, for an investigation about a person under this section, the Minister asks the police commissioner for a written report about the person’s criminal history, the commissioner must give the report to the Minister.

(4)However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.

s 20 amd 1997 No. 57 s 8; 2024 No. 10 s 5

21Hotel-casino complex owner or State as licensee

(1)A casino licence may be granted to a person only if the person is the owner of the freehold, or the lessee from the State, of the land used for the particular hotel-casino complex.

(2)In this section—

lessee, from the State, includes a person who has entered into an agreement for the grant of a lease from the State.

s 21 amd 1995 No. 6 s 5; 2016 No. 17 s 75; 2022 No. 23 s 6

22Casino licence

(1)A casino licence, in the approved form, must be issued and signed by the Minister.

(2)The licence shall specify—

(a)the date of its issue; and

(b)the name of the casino licensee; and

(c)the real property or other accurate description, or the address, of the site of the hotel-casino complex; and

(d)the boundaries of the casino; and

(e)any conditions of the licence; and

(f)such other particulars as may be prescribed.

(3)If a permitted variation occurs affecting the accuracy of the matters specified in the casino licence, the casino licensee must give the licence to the Minister for endorsement of the variation on the licence.

Maximum penalty—40 penalty units.

(4)If the Minister is given a licence under subsection (3), the Minister must endorse the variation on the licence.

(5)In this section—

permitted variation, of a matter specified in a casino licence, means—

(a)a variation of the matter in accordance with the agreement referred to in section 19; or

(b)for a matter mentioned in subsection (2)(d), if the agreement referred to in section 19 does not provide for variation of the matter—a variation of the matter with the Minister’s agreement.

s 22 amd 1995 No. 6 s 2 sch; 2002 No. 43 ss 111–112 schs 1–2; 2016 No. 17 s 76

23Duration of casino licence

A casino licence remains in force until it is cancelled or surrendered pursuant to this Act.

24Lease of hotel-casino complex or of casino

(1)Subject to this Act, a casino licensee may, subject to the prior approval of the Governor in Council, lease to another person—

(a)the hotel-casino complex; or

(b)the casino.

(2)An application to lease must be made, in the approved form, by the casino licensee to the Minister and must be accompanied by—

(a)a draft of the proposed lease; and

(b)full details of the proposed lessee; and

(c)other particulars prescribed under a regulation.

(3)The Minister may require the casino licensee or the proposed lessee to supply such additional information or documents or other writings as the Minister considers necessary to enable the Minister to make a recommendation to the Governor in Council.

s 24 amd 1995 No. 6 s 2 sch

25Casino management agreement

(1)Subject to this Act, a casino licensee or a lessee under a casino lease may, subject to the prior approval of the Governor in Council, enter into a casino management agreement with another person for the management by that other person of—

(a)the hotel-casino complex; or

(b)the casino.

(2)An application to enter into an agreement must be made, in the approved form, by the casino licensee or the lessee under the casino lease to the Minister and must be accompanied by—

(a)a draft of the proposed agreement; and

(b)full details of the other party to the proposed agreement; and

(c)other particulars prescribed under a regulation.

(3)The Minister may require the casino licensee, the lessee under the lease or the other party to the proposed agreement to supply such additional information or documents or other writings as the Minister considers necessary to enable the Minister to make a recommendation to the Governor in Council.

s 25 amd 1995 No. 6 s 2 sch

26Suitability of lessee under a casino lease, casino operator under a casino management agreement and other persons

(1)Prior to any approval by the Governor in Council of a casino lease or a casino management agreement, the Minister shall cause to be undertaken such investigations as are necessary to satisfy the Governor in Council or shall require the proposed lessee under the lease or the proposed casino operator under the agreement and all persons whether natural persons or not 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 proposed lessee or proposed casino operator to satisfy the Governor in Council that the proposed lessee or proposed casino operator and such persons as aforesaid are suitable persons to be associated or connected with the management and operations of a hotel-casino complex or casino having regard to those matters specified in section 20 with respect to a casino licensee and other persons referred to therein but subject to a reference to a hotel-casino complex being read as a reference to a casino in an applicable case and subject to such other adaptations as are necessary for the purpose of their application to such proposed lessee or proposed casino operator and other persons.

(2)Nothing contained in subsection (1) operates to require the Minister to cause investigations to be undertaken or to require a proposed lessee under a casino lease or a proposed casino operator under a casino management agreement or other persons referred to in that subsection to satisfy the Governor in Council with respect to any matter where such investigations have been undertaken or a proposed lessee or proposed casino operator or any other person as aforesaid has satisfied the Governor in Council with respect to that matter pursuant to a requirement prior to the commencement of this Act.

27Minister to make recommendation

The Minister, upon a consideration of the matters material to the application, shall make a recommendation to the Governor in Council with respect to—

(a)the application by the casino licensee to lease to the proposed lessee the hotel-casino complex or the casino; or

(b)the application by the casino licensee or lessee under a casino lease to enter into a casino management agreement with the other party proposed for the management by that other party of the hotel-casino complex or the casino;

as the case may be.

28Determination by Governor in Council concerning approval

(1)The Governor in Council, upon a consideration of the recommendation of the Minister and such other matters with respect to the application as the Governor in Council thinks fit, may—

(a)approve the application; or

(b)refuse the application; or

(c)defer a determination pending the submission of further information.

(2)Where further information is so submitted, it shall be considered by the Governor in Council together with any further recommendation the Minister may make, and upon such consideration, the Governor in Council may approve or refuse the application.

(3)A determination by the Governor in Council to grant an application or to refuse an application is final and conclusive and shall not be appealed against, reviewed, quashed or in any way called in question in any court on any account whatsoever.

29Variation of casino lease or casino management agreement

(1)If in any case the parties to a casino lease or casino management agreement desire to vary its provisions, they shall make application to the Minister setting out the variations proposed and such other particulars as may be prescribed or as may be required by the Minister.

(2)The Minister shall make a recommendation to the Governor in Council with respect to the application.

(3)The Governor in Council, upon a consideration of the recommendation of the Minister and such other matters with respect to the application as the Governor in Council thinks fit, may—

(a)approve the application; or

(b)refuse the application; or

(c)defer a determination pending the submission of further information;

and the provisions of section 28(2) and (3) shall apply to an application under this section in all respects as they apply to an application referred to in the said section 28.

(4)The parties to the casino lease or casino management agreement may vary the casino lease or casino management agreement only where and to the extent the variation is approved by the Governor in Council.

29ANotice of particular change under casino management agreement

(1)This section applies if, under a casino management agreement, a person who is, or may be, the casino operator under the agreement may, from time to time—

(a)stop being the casino operator; or

(b)become the casino operator.

(2)At least 60 days before the person is to stop being or is to become the casino operator, the relevant person for the casino management agreement must give written notice of the proposed change to the chief executive.

Maximum penalty—100 penalty units.

(3)In this section—

relevant person means—

(a)for a casino management agreement entered into by a casino licensee, or a casino licensee and a lessee under a casino lease—the casino licensee; or

(b)for another casino management agreement—the lessee under a casino lease who entered into the agreement.

s 29A ins 2004 No. 21 s 4A

amd 2024 No. 10 s 6

30Investigations concerning continued suitability of casino licensee etc.

(1)At any time and from time to time—

(a)after an agreement has been entered into under section 19 and while the agreement, or the casino licence in relation to the agreement, is in force; or

(b)after approval by the Governor in Council of a casino lease or casino management agreement under section 28 and while the casino lease or casino management agreement is in force;

the Minister may cause to be undertaken such investigations as are necessary to satisfy the Governor in Council or Minister or may require the casino licensee, lessee under the casino lease or casino operator under the casino management agreement and all persons whether natural persons or not for the time being 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 licensee, lessee or operator to satisfy the Governor in Council or Minister that such licensee, lessee or operator and such persons as aforesaid are suitable persons to be associated or connected with the management and operations of a hotel-casino complex or casino having regard to those matters, appropriate to them respectively, specified in section 20 subject, in the case of a lessee or operator and other associated or connected persons as aforesaid in relation to such lessee or operator, to a reference to a hotel-casino complex being read as a reference to a casino in an applicable case and to such other adaptations as are necessary for the purpose of the application of those matters to such lessee or operator and other persons.

(2)Without limiting the matters the Minister may have regard to in undertaking an investigation under subsection (1), the Minister may have regard to any of the following findings or reports—

(a)the findings of an investigation undertaken by a State authority if the findings relate to an entity mentioned in subsection (1) or an associate of the entity;

(b)the findings of an investigation conducted under a law of a State or the Commonwealth if the findings relate to an entity mentioned in subsection (1) or an associate of the entity;

(c)a report prepared by an external adviser;

(d)a report given to the Minister under section 90S.

(3)For subsection (2), an entity is an associate for another entity if the first entity is an associated entity for the second entity under the Corporations Act, section 50AAA.

(4)If, for an investigation about a person under this section, the Minister asks the police commissioner for a written report about the person’s criminal history, the commissioner must give the report to the Minister.

(5)However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.

(6)In this section—

State authority means—

(a)a State or the Commonwealth; or

(b)an entity established under a law of a State or the Commonwealth; or

(c)another entity that represents a State or the Commonwealth.

s 30 amd 1997 No. 57 s 9; 2002 No. 43 s 112 sch 2; 2016 No. 17 s 77; 2022 No. 23 s 7; 2024 No. 10 s 7

30ADuty to cooperate

(1)This section applies to each of the following entities—

(a)a casino licensee;

(b)a lessee under a casino lease;

(c)a casino operator under a casino management agreement;

(d)a person who is an associate of an entity mentioned in paragraph (a), (b) or (c).

(2)A duty to cooperate is the duty of an entity to—

(a)comply with all reasonable requests made of the entity—

(i)by the Minister, the chief executive or an inspector; and

(ii)for the purpose of the Minister, chief executive or inspector administering this Act; and

(b)do everything necessary to ensure that the management and casino operations of the relevant casino operator are conducted in a manner that is fair and honest.

(3)The entity must comply with the duty to cooperate.

Maximum penalty—160 penalty units.

(4)A person is an associate of an entity mentioned in subsection (1)(a), (b) or (c) if—

(a)the person—

(i)holds a financial interest, or is entitled to exercise a significant power (whether directly or on behalf of another person) in the business of the entity; and

(ii)because of the financial interest or significant power, may exercise significant influence over the management or operation of the business of the entity; or

(b)the person holds a significant position (whether directly or on behalf of another person) in the business of the entity.

(5)To remove any doubt, it is declared that the duty to cooperate does not require an entity to contravene this Act or another law.

(6)In this section—

financial interest, in relation to a business, means—

(a)a share in the capital of the business; or

(b)an entitlement to receive income derived from the business.

significant position, in relation to a business, means the position of director, manager, or another executive position or secretary of the business, however that position is designated.

significant power, in relation to a business, means a power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—

(a)to participate in a directorial, managerial, or executive decision; or

(b)to elect or appoint a person to a significant position for the business.

s 30A ins 2022 No. 23 s 8

30BNotice of particular contraventions and breaches

(1)This section applies to each of the following entities—

(a)a casino licensee;

(b)a lessee under a casino lease;

(c)a casino operator under a casino management agreement;

(d)a person who is an associate of an entity mentioned in paragraph (a), (b) or (c).

(2)Subsection (3) applies if the entity believes—

(a)the entity has contravened—

(i)a provision of this Act; or

(ii)a provision of the agreement Act for the casino licence relevant to the entity; or

(iii)a direction given under this Act to the entity by the Minister or the chief executive; or

(b)the entity has breached any of the following arrangements that apply to the entity—

(i)an agreement mentioned in section 19;

(ii)a casino management agreement;

(iii)a lease, contract, agreement or arrangement approved under section 84(2).

(3)The entity must give the chief executive written notice of the belief as soon as practicable after forming the belief, but no later than 5 days after forming the belief.

Maximum penalty—160 penalty units.

(4)A person is an associate of an entity mentioned in subsection (1)(a), (b) or (c) if—

(a)the person—

(i)holds a financial interest, or is entitled to exercise a significant power (whether directly or on behalf of another person) in the business of the entity; and

(ii)because of the financial interest or significant power, may exercise significant influence over the management or operation of the business of the entity; or

(b)the person holds a significant position (whether directly or on behalf of another person) in the business of the entity.

(5)In this section—

financial interest, in relation to a business, means—

(a)a share in the capital of the business; or

(b)an entitlement to receive income derived from the business.

significant position, in relation to a business, means the position of director, manager, or another executive position or secretary of the business, however that position is designated.

significant power, in relation to a business, means a power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—

(a)to participate in a directorial, managerial, or executive decision; or

(b)to elect or appoint a person to a significant position for the business.

s 30B ins 2022 No. 23 s 8

amd 2024 No. 10 s 8

30CRequiring information from particular entities

(1)This section applies to an entity that may be investigated under section 30(1).

(2)The Minister or chief executive may, by written notice (an information requirement) given to the entity, require the entity to—

(a)give the Minister or chief executive stated information; or

(b)enable the Minister or chief executive to examine a document, take extracts from a document or copy a document.

(3)However, subsection (2) is limited to information or documents the Minister or chief executive reasonably requires to administer this Act.

(4)An entity given an information requirement must comply with the requirement, as stated in the requirement.

Maximum penalty—160 penalty units.

(5)An entity is not excused from complying with an information requirement on the ground that the information is the subject of legal professional privilege.

(6)Information does not cease to be the subject of legal professional privilege only because it is given to the Minister or chief executive in accordance with an information requirement.

s 30C ins 2022 No. 23 s 8

30DGiving false or misleading information to the Minister or chief executive

(1)This section applies to each of the following entities—

(a)a casino licensee;

(b)a lessee under a casino lease;

(c)a casino operator under a casino management agreement;

(d)another entity given an information requirement under section 30C(2).

(2)The entity must not, in relation to the administration of this Act, give the Minister or chief executive information the entity knows, or ought reasonably to know, is false or misleading in a material particular.

Maximum penalty—160 penalty units.

(3)Subsection (2) does not apply to an entity if the entity, when giving information in a document—

(a)tells the Minister or chief executive, to the best of the entity’s ability, how the document is false or misleading; and

(b)if the entity has, or can reasonably obtain, the correct information—gives the correct information.

(4)To remove any doubt, it is declared that subsection (2) applies to information regardless of whether or not the information was given in response to the exercise of a power under this Act.

(5)This section does not apply to information to which section 107(b) or (c) or 110(f) apply.

Note—

Offences about giving false or misleading information in relation to information mentioned in subsection (5) are provided for in the provisions mentioned in that subsection.

s 30D ins 2022 No. 23 s 8

31Disciplinary action

(1)A ground for taking disciplinary action against a casino entity arises if any of the following happens—

(a)the entity contravenes a provision of this Act;

(b)the entity is convicted of an indictable offence punishable by imprisonment for 12 months or more regardless of whether—

(i)the offence is also punishable by a fine, in addition to or as an alternative to the punishment by imprisonment; or

(ii)the conviction is recorded;

(c)the entity contravenes a condition of the relevant casino licence the entity is required to comply with;

(d)the entity fails to comply with any term or condition of the agreement as referred to in section 19 pursuant to which the relevant casino licence was granted, which term or condition is binding on the entity;

(e)the entity or any director, partner, trustee, executive officer, secretary or other officer or person determined by the Minister associated or connected with the ownership, administration or management of the entity’s operations or business is not or ceases to be at any time whilst the relevant casino licence is in force a suitable person to be so associated or connected as aforesaid having regard to those matters specified in section 20 or 26 applicable to the person;

(f)because of an investigation carried out or a review carried out under part 9, division 3B, the Governor in Council or Minister is not satisfied that—

(i)the entity is a suitable person to be associated or connected with the management and operations of a hotel-casino complex or casino; or

(ii)a person, associated or connected with the ownership, administration or management of the operations or business of the entity is a suitable person to be associated or connected with the management and operations of a hotel-casino complex or casino;

(g)the entity fails to comply with a written direction given to the entity by the Minister or chief executive under this Act and—

(i)the entity is required under this Act to comply with the direction; and

(ii)the Minister believes the failure to comply with direction may jeopardise the integrity of the operation of the casino or adversely affect the interests of the public;

(h)the entity is required under this Act to give information to the Minister, the chief executive or an inspector and gives information that is, to the entity’s knowledge, false or incorrect;

(i)the entity fails to discharge financial commitments, becomes bankrupt or compounds with creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy or is the subject of a winding up, either voluntarily or pursuant to court order, appointment of a liquidator, appointment of a receiver or receiver and manager or is placed under official management and an official manager appointed pursuant to the provisions of the Corporations Act or corresponding legislation of the Commonwealth or of any other State or of any Territory.

(2)Also, a ground for taking disciplinary action against a casino licensee arises if the land used for the hotel-casino complex ceases to be held by the licensee in freehold or under a lease from the State, other than because of an assignment referred to in section 32.

(3)If the Minister believes a ground has arisen for taking disciplinary action against a casino entity and the initiating incident is likely to be sufficiently addressed only by taking disciplinary action against the entity, the Minister must—

(a)give a show cause notice to the casino entity and to each other casino entity for the same casino licence; and

(b)give a copy of the show cause notice to any other person who, in the Minister’s opinion, has an interest in the casino licence.

(4)However, if the Minister is satisfied the initiating incident may be sufficiently addressed by a letter of censure, the Minister may give the casino entity a letter of censure censuring the entity for the incident without taking further action under this section.

(5)A show cause notice for taking disciplinary action against a casino entity is a written notice that—

(a)states each of the grounds giving rise to the disciplinary action; and

(b)describes the initiating incident for the disciplinary action; and

(c)states that the entity must show cause as to why the disciplinary action should not be taken (a response); and

(d)states that the response must be made in writing and given to the Minister; and

(e)states the last day, not earlier than 21 days after the notice is given to the entity, by which a response may be given to the Minister (a response period).

(6)A person given a copy of a show cause notice under subsection (3)(b) may make a written submission to the Minister about the matters stated in the notice before the end of the response period for the notice.

(7)If the Minister gives a casino entity a show cause notice, the Minister—

(a)must consider—

(i)all responses to the notice made before the end of the response period; and

(ii)if the Minister gives a person a copy of the notice under subsection (3)(b)—all submissions for the notice properly made under subsection (6); and

(b)may consider a response or submission mentioned in paragraph (a) that the Minister received after the end of the response period for the relevant show cause notice.

(7A)The show cause process for taking disciplinary action against a casino entity for an initiating incident concludes if—

(a)the Minister finishes considering—

(i)the responses and submissions the Minister must consider under subsection (7)(a); and

(ii)the responses and submissions the Minister did consider under subsection (7)(b); or

(b)the Minister has not received any responses or submissions the Minister must consider under subsection (7)(a) and the Minister did not consider any other responses or submissions under subsection (7)(b).

(8)If, at the conclusion of the show cause process, the Minister considers taking disciplinary action against a casino entity for the relevant initiating incident is not warranted, the Minister must take no further disciplinary action against the entity for the incident.

(9)If, at the conclusion of the show cause process, the Minister considers taking disciplinary action against a casino entity for the relevant initiating incident is warranted, the Minister must decide to—

(a)take 1 or more of the following actions—

(i)give a letter of censure to the entity censuring the entity in relation to any matter connected with the incident;

(ii)give the entity a written direction the Minister considers appropriate to ensure any matter connected with the incident is rectified within the period stated in the direction;

(iii)direct the entity to pay to the State a pecuniary penalty of not more than $5m before a stated date; or

(b)recommend the Governor in Council take 1 or more of the following actions—

(i)the relevant casino licence be cancelled or suspended;

(ii)the casino lease or casino management agreement for the relevant casino licence be suspended or terminated;

(iii)the entity pay to the State a pecuniary penalty of not more than $100m;

(iv)a special manager be appointed for the entity.

(10)If the Minister makes a recommendation to the Governor in Council under subsection (9)(b), the Minister must give the Governor in Council—

(a)a copy of each show cause notice relevant to the recommendation; and

(b)all responses and submissions, relevant to the recommendation, that the Minister considered under subsection (7).

(11)If the Minister makes a recommendation to the Governor in Council under subsection (9)(b) and gives the Governor in Council the documents required under subsection (10), the Governor in Council must consider the recommendation and the documents.

(12)After considering a recommendation about taking disciplinary action against a casino entity for an initiating incident, and the documents required to be considered under subsection (11), the Governor in Council must decide to—

(a)take no further disciplinary action against the entity for the incident; or

(b)take 1 or more of the following actions—

(i)cause a letter of censure to be given to the entity censuring the entity in relation to any matter connected with the incident;

(ii)give, or cause to be given, to the entity a written direction that the Governor in Council considers appropriate to ensure that any matter connected with the incident is rectified within a period stated in the direction;

(iii)unless a receiver and manager has been appointed pursuant to section 32, appoint an administrator subject to the terms and conditions decided by the Governor in Council;

(iv)order the entity to pay to the State a pecuniary penalty of not more than $100m before a stated date;

(v)take action under subsection (15), if the Governor in Council is satisfied of the circumstances mentioned in that subsection for the relevant casino licence, casino lease or casino management agreement;

(vi)appoint a special manager for the entity.

(13)A letter of censure issued under this section—

(a)becomes a permanent part of the records of the department about a casino entity; and

(b)may be published on the department’s website.

(14)An administrator appointed by the Governor in Council pursuant to subsection (12)(b)(iii) shall—

(a)assume full control of and responsibility for the business of the casino licensee in respect of the hotel-casino complex for the casino;

(b)conduct or cause to be conducted casino operations in accordance with this Act.

(14A)The appointment as administrator shall be determined by the appointment of a receiver and manager or an assignment of the casino licence pursuant to section 32.

(15)Notwithstanding any other provision of this Act, the Governor in Council, if the Governor in Council considers in the Governor in Council’s absolute discretion that the circumstances are so extraordinary that it is imperative in the public interest to do so, may cancel the casino licence or suspend it for such period as the Governor in Council thinks fit or direct the suspension or termination of the casino lease or casino management agreement.

(16)A decision by the Governor in Council to cancel or suspend a casino licence—

(a)shall be effective on and from a date and time of day determined by the Governor in Council; and

(b)in the case of suspension of a casino licence—shall be for such period as the Governor in Council thinks fit; and

(c)shall be notified in writing by the Minister to the casino licensee and, where there is also a lessee or casino operator as aforesaid, to such lessee or casino operator.

(16A)Subsections (16B) and (16C) apply if—

(a)the Governor in Council decides under subsection (12) to take any of the following disciplinary action against a casino entity—

(i)suspend or cancel a casino licence;

(ii)direct the suspension or termination of a casino lease;

(iii)direct the suspension or termination of a casino management agreement; and

(b)a special manager is appointed for the casino entity.

(16B)Before the suspension, cancellation or termination takes effect, the Governor in Council may, on the recommendation of the Minister, take the following action by giving written notice of the action to the casino entity—

(a)change the day the suspension, cancellation or termination takes effect;

(b)if the Governor in Council is satisfied the suspension, cancellation or termination is no longer required because of the remediation of the management and operations of the entity—rescind the suspension, cancellation or termination to stop it taking effect.

(16C)Before making a recommendation mentioned in subsection (16B), the Minister must—

(a)consult the special manager about the proposed recommendation; and

(b)have regard to the implementation of the casino entity’s plan for the remediation of the management and operations of the entity.

(17)If a casino licence, casino lease or casino management agreement is suspended under this section, the Governor in Council, after first considering a recommendation by the Minister relating to the matter, may at any time cancel the balance of the period of suspension still to run or reduce the period of suspension still to run by a period stipulated by the Governor in Council.

(18)A suspension of a casino licence shall, while it remains in force, have the same effect as a cancellation of such licence without prejudice to any penal or other liability actually incurred by the casino licensee, a lessee under a casino lease or a casino operator under a casino management agreement or to the exercise of the powers of the Minister, the chief executive or any inspector under this Act.

(19)The Governor in Council’s direction referred to in subsection (15) shall be given in writing to the parties to the lease or agreement and shall specify a date on which the lease or agreement is suspended or terminated under this Act if not sooner terminated.

(20)The lease or agreement, if not sooner terminated by the parties thereto, is suspended or terminated by force of this Act on the date specified in the direction in that behalf.

(21)The suspension or termination of the lease or agreement by force of this Act does not affect the rights and obligations of the parties thereto up to the time of such suspension or termination.

(22)No liability for breach of the lease or agreement attaches to any party thereto by reason only of its termination by force of this Act.

(22A)In fixing the amount of a pecuniary penalty to be imposed on a casino entity under this section the Governor in Council or Minister—

(a)must consider the following matters—

(i)the nature and extent of the initiating incident;

(ii)whether the initiating incident undermines the objects of this Act;

(iii)any loss or damage caused to the State or the public by the initiating incident;

(iv)whether any disciplinary action has been taken against the entity before;

(v)the seriousness of the grounds for taking the disciplinary action; and

(b)may consider any other matter the Governor in Council or Minister considers relevant.

(22B)The amount of a pecuniary penalty imposed on a casino entity under this section is a debt payable by the entity to the State.

(22C)To remove any doubt, it is declared that the cancellation or suspension of a casino licence, or suspension or termination of a casino lease or casino management agreement, does not relieve a casino entity of an obligation to pay a pecuniary penalty imposed under this section.

(23)A decision by the Governor in Council made under this section is final and conclusive and shall not be appealed against, reviewed, quashed or in any way called in question in any court on any account whatsoever.

(24)This section applies despite the Corporations Act.

(24A)In this section—

casino entity means—

(a)a casino licensee;

(b)the lessee under a casino lease;

(c)the casino operator under a casino management agreement.

initiating incident, in relation to disciplinary action, means the act or omission that forms the basis of the grounds for taking the disciplinary action.

s 31 amd 1995 No. 6 s 2 sch; 2001 No. 45 s 29 schs 2–3; 2002 No. 43 s 112 sch 2; 2003 No. 26 s 18 sch; 2004 No. 21 ss 4B, 123 sch; 2016 No. 17 s 78; 2022 No. 23 s 9; 2024 No. 10 s 9

31ACosts for disciplinary action

(1)This section applies if any of the following disciplinary action is taken against a casino entity under section 31—

(a)a letter of censure is issued to the entity under section 31(9)(a)(i) or (12)(b)(i) censuring the entity;

(b)the entity is given a direction under section 31(9)(a)(ii) or (12)(b)(ii);

(c)an administrator is appointed under section 31(12)(b)(iii);

(d)the casino licence for the entity is cancelled or suspended under section 31(15);

(e)the casino lease, or casino management agreement, for the entity is directed to be suspended or terminated under section 31(15);

(f)a pecuniary penalty is imposed under section 31(9)(a)(iii) or (12)(b)(iv);

(g)the Governor in Council decides, under section 31(12)(b)(vi), to appoint a special manager for the entity.

(2)The chief executive may recover from the casino entity the reasonable costs and expenses incurred by the department in assisting the Minister or Governor in Council doing any of the following tasks as a debt payable by the entity to the State—

(a)preparing for and taking the disciplinary action against the entity, including, for example—

(i)investigating whether a ground for the disciplinary action arose under section 31(1); or

(ii)obtaining legal advice about a matter relating to the disciplinary action; or

(iii)engaging a suitably qualified person to advise on a matter relating to the disciplinary action;

(b)considering responses and submissions made under section 31 as part of a show cause process;

(c)considering responses and submissions made about a recommendation of the Minister under section 31.

(3)Before recovering the reasonable costs and expenses from a casino entity under subsection (2), the chief executive must give the entity a written notice stating—

(a)the amount of the costs and expenses; and

(b)how the amount was calculated; and

(c)when the amount must be paid to the chief executive.

(4)If the casino entity does not comply with the written notice given to the entity under subsection (3) within the period required by the notice, the Minister may recommend to the Governor in Council that—

(a)for a notice given to a casino licensee—the casino licence be suspended or cancelled; or

(b)for a notice given to a lessee under a casino lease—the casino lease be terminated; or

(c)for a notice given to a casino operator under a casino management agreement—the agreement be terminated.

(5)However, if the Minister proposes to make a recommendation about a casino entity under subsection (4), the Minister must first give the entity written notice stating—

(a)the proposed recommendation; and

(b)the entity may make a submission to the Minister as to why the Minister should not make the proposed recommendation; and

(c)the date by which the entity must make a submission mentioned in paragraph (b).

(6)The Minister must consider all submissions properly made about the proposed recommendation under subsection (5) and decide to either—

(a)take no further action about the recommendation; or

(b)make the recommendation to the Governor in Council.

(7)The Governor in Council may, after considering the recommendation and all submissions properly made to the Minister about the recommendation, decide to—

(a)take no further action about the matter; or

(b)take action under section 31(15) as if the recommendation made by the Minister were a recommendation about taking disciplinary action against a casino entity under section 31.

(8)For taking the action mentioned in subsection (7)(b)—

(a)the casino entity not complying with the written notice given to the entity under subsection (3) is taken to be circumstances so extraordinary that it is imperative in the public interest to take the action; and

(b)section 31(16) to (22), (22C) and (23) applies to taking the action.

(9)However, if the action taken under section 31(15) is the suspension of a casino licence, the suspension ends if the casino entity pays to the chief executive the costs and expenses as stated in the written notice given to the entity under subsection (3).

(10)In this section—

casino entity means any of the following—

(a)a casino licensee;

(b)a lessee under a casino lease;

(c)a casino operator under a casino management agreement.

s 31A ins 2022 No. 23 s 10

32Mortgage and assignment of casino licence etc.

(1)A casino licensee shall not mortgage, charge or otherwise encumber—

(a)the casino licence; or

(b)the hotel-casino complex to which the casino licence relates; or

(c)the rights and benefits under the agreement in question as referred to in section 19;

save with the prior consent of the Minister so to do to a person approved by the Minister (the mortgagee).

(2)Where the mortgagee wishes to enforce the mortgagee’s security under the mortgage, charge or other encumbrance pursuant to the mortgagee’s rights thereunder—

(a)the casino licence and the rights, benefits and obligations under the relevant agreement shall be assigned only to a person approved by the Governor in Council; and

(b)any receiver and manager appointed shall be a person approved by the Governor in Council;

having regard to the provisions of subsection (5).

(2A)For the purpose of giving effect to the provisions of subsection (5), the name of a proposed receiver and manager may be submitted to the Minister at any time.

(3)As a condition precedent to the approval by the Governor in Council referred to in subsection (2)(a), the Governor in Council may require that a further agreement in writing be entered into between—

(a)the Minister for and on behalf of the State and the proposed assignee; or

(b)the Minister for and on behalf of the State and some other person whom the Governor in Council considers to be the appropriate person to be a party to the agreement with a view to the assignment of the casino licence to the proposed assignee;

containing such terms and conditions with respect to the assignment and the proposed assignee as the Governor in Council thinks fit.

(4)Any such further agreement shall have no force or effect unless and until it is ratified by Parliament.

(5)Prior to any approval by the Governor in Council pursuant to subsection (2), the Minister shall cause to be undertaken such investigations as are necessary to satisfy the Governor in Council or shall require the proposed person and all persons whether natural persons or not 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 proposed person to satisfy the Governor in Council that such proposed person and such persons as aforesaid are suitable persons to be associated or connected with the management and operations of a hotel-casino complex or casino having regard to the matters appropriate to them respectively that are set out in section 20(1)(a) to (g), subject to such adaptations of those paragraphs as are necessary for the purpose of their application to such proposed person and other persons as aforesaid, and having regard to such other matters with respect to which the Governor in Council determines the Governor in Council should be satisfied in the particular case.

(5A)A reference in subsection (5) to a proposed person is a reference to a proposed assignee or a proposed receiver and manager, as the case requires.

(6)Upon a casino licence being assigned, the assignee is the casino licensee in respect of the casino licence in question, and the Minister shall cause the licence to be amended to show the name of the assignee, the date of the assignment and such other particulars as may be prescribed, and the licence shall be made available to the Minister for the purpose of amendment accordingly.

(7)A decision by the Governor in Council to approve or not to approve of a person pursuant to subsection (2) is final and conclusive and shall not be appealed against, reviewed, quashed or in any way called in question in any court on any account whatsoever.

s 32 amd 2002 No. 43 s 112 sch 2

33Surrender of casino licence

(1)The Governor in Council, subject to this section, may accept the surrender of a casino licence.

(2)Application for acceptance of surrender shall be made in writing by the casino licensee to the Minister and shall set out in detail the grounds on which it is made.

(3)Upon a consideration of the application and the grounds on which it is made, the Minister shall make a recommendation to the Governor in Council to accept or not to accept the surrender.

(4)The Governor in Council may decide to accept the surrender or not to accept it after taking into consideration the recommendation of the Minister, but the Governor in Council shall not accept the surrender unless the Governor in Council is satisfied that there are circumstances existing in which the continued operation of the casino is not in the best interest of the casino licensee or of the public.

pt 4 div 1 hdg ins 2002 No. 43 s 112 sch 2

34Unlicensed persons not to be casino key employees or casino employees

(1)A person shall not work as or be a casino key employee or a casino employee unless—

(a)in the case of a casino key employee—the person is the holder of a casino key employee licence and in the case of a casino employee the person is the holder of a casino employee licence; and

(b)the person is 18 years or more; and

(c)the person is employed in the type of work specified in the licence.

Maximum penalty—200 penalty units.

(2)A person shall not employ or cause or suffer to be employed in a casino as a casino key employee or a casino employee any person—

(a)who in the case of employment as a casino key employee is not the holder of a casino key employee licence and in the case of employment as a casino employee is not the holder of a casino employee licence; or

(b)who is under 18 years; or

(c)unless the person employs or causes or suffers to be employed that person in the type of work specified in the casino key employee licence or the casino employee licence of which that person is the holder.

Maximum penalty—400 penalty units.

(3)A person shall not allocate or cause or suffer to be allocated to a casino key employee or a casino employee any type of work in a casino that is a type of work other than the type of work specified in the licence of that employee.

Maximum penalty—400 penalty units.

s 34 amd 3 June 1993 RA s 39; 1995 No. 6 s 2 sch; 2002 No. 43 s 111 sch 1; 2003 No. 26 s 18 sch; 2024 No. 10 s 10

pt 4 div 2 hdg ins 2002 No. 43 s 112 sch 2

35Application for licence

(1)An application for a casino key employee licence or a casino employee licence must—

(a)be in the approved form; and

(b)be accompanied by the fee prescribed under a regulation; and

(c)specify from the prescribed list the type of work proposed to be performed by the applicant as a licensee; and

(d)contain or be accompanied by the prescribed information and particulars with respect to the applicant; and

(e)be accompanied by such other records, reports, documents and writings relating to the applicant as may be prescribed; and

(f)be forwarded to or lodged with the chief executive; and

(g)be accompanied by a certificate in the approved form certifying that the applicant has successfully completed a training course or is otherwise qualified by experience, stated in the certificate, appropriate to the type of work specified under paragraph (c).

(1A)However, where such a training course has not been completed at the time of the making of the application and the successful completion of the training course is to be relied on by the applicant, the application may be supported by a certificate as aforesaid forwarded to the chief executive upon the successful completion of the training course provided the certificate is so forwarded within the time prescribed for the forwarding of a supporting certificate in the circumstances or, if a time is not prescribed, within a time approved by the chief executive.

s 35 amd 1995 No. 6 s 2 sch; 2002 No. 43 s 112 sch 2; 2022 No. 23 s 11

35AFurther information or documents to support application

(1)The chief executive may, by written notice given to the applicant, require the applicant to give the chief executive further information or a document about the application within the reasonable time stated in the notice.

(2)The requirement must relate to information or a document that is necessary and reasonable to help the chief executive decide the application.

s 35A ins 2002 No. 43 s 5

36Requirement to apply for casino key employee licence in certain cases

(1)If the chief executive reasonably believes a person is a casino key employee for a casino operator and is not the holder of a casino key employee licence, the chief executive must, by written notice given to the person, require the person to apply for a casino key employee licence within 7 days after receiving the notice.

(1A)The person must comply with the requirement within 7 days after receiving the notice, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)The chief executive must cause a copy of the notice to be served on the casino operator in question.

(3)Where the person required pursuant to subsection (1) to apply for a casino key employee licence fails to do so within the time stipulated in that subsection, the chief executive must cause a notification in writing of such failure to be served on the casino operator in question, and the casino operator shall on such notification being served on the casino operator terminate the association or employment of that person with the casino notwithstanding the provisions of any other Act or law or of any industrial award or agreement.

Maximum penalty—400 penalty units.

(4)If the chief executive refuses to grant a casino key employee licence applied for under this section—

(a)the applicant shall on receipt of notification of such refusal cease to be associated with or an employee of the casino in question; and

(b)the casino operator shall on receipt of notification of such refusal terminate the association or employment of the applicant with the casino.

Maximum penalty—400 penalty units.

(5)The casino operator shall not incur any liability whatsoever for or in connection with the termination by the operator, pursuant to this section, of the association or employment of the applicant with the casino.

s 36 amd 3 June 1993 RA s 39; 1995 No. 6 s 2 sch; 1997 No. 57 s 10; 2002 No. 43 ss 6, 111 sch 1; 2024 No. 10 s 11

37Consideration of application

(1)Upon receipt of an application and compliance by the applicant with the provisions of this part in relation thereto, the chief executive shall—

(a)initiate and have followed through such investigatory procedures as the chief executive considers necessary in relation to the applicant and the applicant’s application; and

(b)consider the application and materials and matters accompanying it together with the results of investigations made in connection therewith and make an assessment of—

(i)the integrity, responsibility, personal background and financial stability of the applicant; and

(ii)the general reputation of the applicant having regard to character, honesty and integrity; and

(iii)the suitability of the applicant to perform the type of work proposed to be performed by the applicant as a licensee.

(2)In a case to which section 35(1A) is applicable, the chief executive shall await the receipt of the supporting certificate within the required time before deciding the application.

(3)If, for an investigation about the applicant under this section, the chief executive asks the police commissioner for a written report about the applicant’s criminal history, the commissioner must give the report to the chief executive.

(4)However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.

s 37 amd 1995 No. 6 s 2 sch; 1997 No. 57 s 11; 2002 No. 43 ss 7, 112 sch 2; 2022 No. 23 s 12; 2024 No. 10 s 12

38Decision on application

(1)The chief executive must, after considering an application under this part, either grant or refuse to grant the application.

(2)If the chief executive decides to grant the application, the chief executive must immediately—

(a)issue the casino key employee licence or casino employee licence to the applicant; and

(b)give written notice of its issue to the relevant casino operator.

(3)If the chief executive decides to refuse to grant the application, the chief executive must immediately—

(a)give an information notice for the decision to the applicant; and

(b)give written notice of the decision to the relevant casino operator.

s 38 amd 1995 No. 6 s 2 sch; 1997 No. 57 s 12

sub 2002 No. 43 s 8

amd 2022 No. 23 s 13

39Conditions of licence

(1)The chief executive may issue a casino key employee licence or a casino employee licence on conditions the chief executive considers necessary or desirable in the public interest or for the proper operation of a casino.

(2)If the chief executive decides to issue a casino key employee licence or a casino employee licence on conditions the chief executive must immediately—

(a)give the applicant an information notice for the decision; and

(b)give a copy of the notice to the relevant casino operator.

s 39 amd 1995 No. 6 s 2 sch; 1995 No. 57 s 4 sch 2

sub 2002 No. 43 s 8

39AForm of licence

(1)A casino key employee licence and a casino employee licence must be in the approved form.

(2)The approved form must provide for the inclusion of the following—

(a)the name of the casino key employee licensee or casino employee licensee;

(b)the date of issue of the licence;

(c)whether the licensee is a casino key employee or casino employee;

(d)the conditions of the licence;

(e)other particulars prescribed under a regulation.

s 39A ins 2002 No. 43 s 8

amd 2022 No. 23 s 14

39BDuration of licence

A casino key employee licence or a casino employee licence shall remain in force until whichever of the following first happens—

(a)the licensee dies;

(b)it is cancelled by the chief executive or surrendered by the licensee;

(c)the expiration of 12 months after the date the licensee ceases to be employed in a casino in the State.

s 39B (prev s 43) amd 2002 No. 43 s 112 sch 2

reloc and renum 2002 No. 43 s 112 sch 2

39CChanging conditions of licence

(1)The chief executive may decide to change the conditions of a casino key employee licence or a casino employee licence if the chief executive considers it is necessary or desirable to make the change in the public interest or for the proper operation of a casino.

(2)If the chief executive decides to change the conditions, the chief executive must immediately—

(a)give the holder of the licence—

(i)written notice of the changed conditions; and

(ii)an information notice for the decision; and

(b)if the chief executive believes the holder is an employee of a casino operator—give a copy of the information notice to the casino operator.

(3)A change of conditions takes effect on—

(a)the day the information notice is given to the holder; or

(b)if a later day is stated in the notice—the later day.

(4)The power of the chief executive to change the conditions of a casino key employee licence or a casino employee licence includes the power to add conditions to the licence.

s 39C ins 2002 No. 43 s 8

39DRecording change of conditions

(1)The holder of a casino key employee licence or a casino employee licence must return the licence to the chief executive within 7 days after receiving an information notice under section 39C(2)(a), unless the holder has a reasonable excuse.

Maximum penalty—40 penalty units.

(2)On receiving the licence, the chief executive must—

(a)amend the licence to include the changed conditions and return it to the holder; or

(b)give the holder a replacement licence showing the changed conditions.

(3)The amendment of the licence does not depend on it being amended or replaced under this section.

s 39D ins 2002 No. 43 s 8

39EReplacement of licence

(1)The holder of a casino key employee licence or a casino employee licence may apply to the chief executive for a replacement licence if—

(a)the licence has been damaged, destroyed or lost; or

(b)the holder has changed his or her name.

(2)The application must be accompanied by the fee prescribed under a regulation.

(3)The chief executive must consider the application and either grant or refuse to grant the application.

(4)The chief executive may grant the application only if the chief executive is satisfied—

(a)for an application to replace a licence that has been damaged, destroyed or lost—the licence has been damaged, destroyed or lost; or

(b)for an application to replace a licence because of a change of name—the holder of the licence has changed his or her name.

(5)If the chief executive decides to grant the application, the chief executive must immediately give the applicant a replacement licence.

(6)If the chief executive decides to refuse to grant the application, the chief executive must immediately—

(a)give the applicant an information notice for the decision; and

(b)if the chief executive believes the holder of the licence is an employee of a casino operator—give a copy of the notice to the casino operator.

s 39E ins 2002 No. 43 s 8

pt 4 div 3 hdg ins 2002 No. 43 s 112 sch 2

41Display of identification

(1)A casino key employee or casino employee shall at all times whilst on duty in the casino wear a form of identification as prescribed on the employee’s person in such a manner as to be visible to other persons in the casino.

Maximum penalty—40 penalty units.

(2)Subsection (1) is not applicable in the case of a person exempted by the chief executive from the obligation to comply therewith.

(3)The chief executive may so exempt a person or class of person from such obligation.

s 41 amd 1995 No. 6 s 2 sch

pt 4 div 4 hdg ins 2002 No. 43 s 112 sch 2

43AInvestigations about casino key employees or casino employees

(1)This section applies to a casino key employee or casino employee while the employee’s licence remains in force.

(2)The chief executive may investigate the employee, including by assessing—

(a)the employee’s integrity, responsibility, personal background and financial stability; and

(b)the general reputation of the employee having regard to character, honesty and integrity; and

(c)the suitability of the employee to perform the duties of a casino key employee or casino employee.

(3)The chief executive may exercise the powers under subsection (2) only if—

(a)the chief executive believes the investigation is necessary because of changed circumstances of the particular employee; or

(b)the investigation is made under an audit program for casino key employees or casino employees.

(4)The chief executive may, by written notice, ask a person to whom an investigation relates to give information or material the chief executive considers is necessary for the investigation.

(5)The person must comply with the chief executive’s notice unless the person has a reasonable excuse.

Maximum penalty—200 penalty units or 1 year’s imprisonment.

(6)It is a reasonable excuse for the person not to comply with the notice if complying with the request might tend to incriminate the person.

(7)The person does not commit an offence against this section if the information sought by the chief executive is not in fact relevant to the investigation.

(8)If, for an investigation about a casino key employee or casino employee under this section, the chief executive asks the police commissioner for a written report about the employee’s criminal history, the commissioner must give the report to the chief executive.

(9)However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.

s 43A ins 1995 No. 6 s 6

amd 1997 No. 57 s 13; 2003 No. 26 s 18 sch; 2024 No. 10 s 13

43BMinister may approve audit program to investigate casino key employees and casino employees

(1)The Minister may approve a program under which the chief executive may investigate casino key employees or casino employees, including assessing the issues mentioned in section 43A(2).

(2)A person may be investigated and assessed under the audit program only once every 4 years.

s 43B ins 1995 No. 6 s 6

pt 4 div 5 hdg ins 2002 No. 43 s 9

sub 2004 No. 21 s 5

pt 4 div 5 sdiv 1 hdg ins 2004 No. 21 s 5

44Grounds

(1)Each of the following is a ground for suspending or cancelling a casino key employee licence or a casino employee licence—

(a)the holder of the licence—

(i)is not a suitable person to hold the licence; or

(ii)acts in a way that is inappropriate for casino operations; or

(iii)contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or

(iv)contravenes a condition of the licence;

(b)the holder of the licence has a conviction, other than a spent conviction, for—

(i)an offence against this Act or a gaming Act; or

(ii)an indictable offence;

(c)the licence was issued because of a materially false or misleading representation or document.

(2)For forming a belief that the ground mentioned in subsection (1)(a)(i) exists, the chief executive may have regard to the same matters the chief executive may make an assessment of under section 37(1)(b) in considering an application for a casino key employee licence or a casino employee licence.

(3)For subsection (1)(a)(ii), the holder of a licence acts in a way that is inappropriate for casino operations if the holder does, or omits to do, an act that results in—

(a)the operation of the casino at which the holder is employed not being conducted under the approved control system for the casino; and

(b)the integrity of the operations of the casino being jeopardised.

s 44 sub 2002 No. 43 s 9; 2004 No. 21 s 5 (amd 2005 No. 12 s 18)

amd 2022 No. 23 s 16; 2023 No. 23 s 247 sch 1 s 8

45Show cause notice

(1)If the chief executive believes a ground exists to suspend or cancel a casino key employee licence or a casino employee licence, the chief executive must before taking action to suspend or cancel the licence give the holder of the licence a written notice (a show cause notice).

(2)The show cause notice must state the following—

(a)the action the chief executive proposes taking under this subdivision (the proposed action);

(b)the grounds for the proposed action;

(c)an outline of the facts and circumstances forming the basis for the grounds;

(d)if the proposed action is suspension of the licence—the proposed suspension period;

(e)that the holder of the licence may, within a stated period (the show cause period), make written representations to the chief executive to show why the proposed action should not be taken.

(3)The show cause period must end at least 21 days after the holder of the licence is given the show cause notice.

(4)Subsection (5) applies if the chief executive believes—

(a)the holder of the licence is an employee of a casino operator; and

(b)the existence of the grounds for the proposed action is likely to adversely affect the conduct of the operations of the casino.

(5)The chief executive must immediately give a copy of the show cause notice to the casino operator.

(6)The casino operator may make written representations about the show cause notice to the chief executive in the show cause period.

s 45 prev s 45 om 2002 No. 43 s 9

pres s 45 ins 2004 No. 21 s 5

45AConsideration of representations

The chief executive must consider all written representations (the accepted representations) made under section 45(2)(e) or (6).

s 45A ins 2004 No. 21 s 5

45BImmediate suspension

(1)The chief executive may suspend a casino key employee licence or a casino employee licence immediately if the chief executive believes—

(a)a ground exists to suspend or cancel the licence; and

(b)it is necessary to suspend the licence immediately—

(i)in the public interest; or

(ii)to ensure the integrity of the conduct of casino operations is not jeopardised.

(2)The suspension—

(a)can be effected only by the chief executive giving the holder of the licence an information notice for the decision to suspend it, together with a show cause notice; and

(b)operates immediately the information notice is given to the holder; and

(c)continues to operate until the show cause notice is finally dealt with.

(3)If the chief executive believes the holder of the licence is an employee of a casino operator, the chief executive must immediately give written notice of the suspension to the casino operator.

s 45B ins 2004 No. 21 s 5

45CSuspension and cancellation of licence after show cause process

(1)This section applies if—

(a)there are no accepted representations for a show cause notice; or

(b)after considering the accepted representations for a show cause notice, the chief executive—

(i)still believes a ground exists to suspend or cancel a casino key employee licence or a casino employee licence; and

(ii)believes suspension or cancellation of the licence is warranted.

(2)This section also applies if a holder of a casino key employee licence or a casino employee licence contravenes a direction given to the holder under section 45F.

(3)The chief executive may—

(a)if the proposed action was to suspend the licence—suspend the licence for not longer than the proposed suspension period; or

(b)if the proposed action was to cancel the licence—cancel the licence or suspend it for a period.

(4)If the chief executive decides to take action under subsection (3), the chief executive must immediately—

(a)give an information notice for the decision to the holder of the licence; and

(b)if the chief executive believes the holder is an employee of a casino operator—give written notice of the suspension or cancellation to the casino operator.

(5)The decision takes effect on the later of the following—

(a)the day the information notice is given to the holder of the licence;

(b)the day of effect stated in the information notice.

(6)If the chief executive cancels the licence, the holder must give the licence to the chief executive within 14 days after the cancellation takes effect.

Maximum penalty for subsection (6)—40 penalty units.

s 45C ins 2004 No. 21 s 5

pt 4 div 5 sdiv 2 hdg ins 2004 No. 21 s 5

45DEnding show cause process without further action

(1)This section applies if, after considering the accepted representations for a show cause notice, the chief executive no longer believes a ground exists to suspend or cancel a casino key employee licence or a casino employee licence.

(2)The chief executive—

(a)must not take any further action about the show cause notice; and

(b)must give each of the following a written notice stating that no further action is to be taken—

(i)the holder of the licence;

(ii)a casino operator to whom a copy of the show cause notice was given under section 45(5).

s 45D ins 2004 No. 21 s 5

45ECensuring holder of licence

(1)The chief executive may censure a holder of a casino key employee licence or a casino employee licence for a matter relating to a ground for suspension or cancellation if the chief executive—

(a)believes a ground exists to suspend or cancel the licence but does not believe that giving a show cause notice to the holder is warranted; or

(b)after considering the accepted representations for a show cause notice, still believes a ground exists to suspend or cancel the licence but does not believe suspension or cancellation of the licence is warranted.

(2)The censure can be effected only by the chief executive giving the holder of the licence an information notice for the decision to censure the holder.

(3)If the chief executive believes the holder of the licence is an employee of a casino operator, the chief executive must immediately give written notice of the censure to the casino operator.

s 45E ins 2004 No. 21 s 5

45FDirection to rectify matter after show cause process

(1)This section applies if, after considering the accepted representations for a show cause notice, the chief executive—

(a)still believes a ground exists to suspend or cancel a casino key employee licence or a casino employee licence; and

(b)believes a matter relating to the ground for suspension or cancellation is capable of being rectified and it is appropriate to give the holder of the licence an opportunity to rectify the matter.

(2)The chief executive may direct the holder of the licence to rectify the matter.

(3)If the chief executive decides to give the holder of a licence a direction under this section, the direction can be effected only by the chief executive giving the holder an information notice for the decision.

(4)The information notice must state the period for rectifying the matter.

(5)The period must be reasonable, having regard to the nature of the matter to be rectified.

(6)If the chief executive gave a copy of the show cause notice to a casino operator under section 45(5), the chief executive must give written notice of the direction to the casino operator immediately after giving the information notice to the holder of the licence.

s 45F ins 2004 No. 21 s 5

45GCancellation or reduction of period of suspension

(1)If the chief executive suspends a casino key employee licence or a casino employee licence, the chief executive may, for any remaining period of suspension and at any time the suspension is in force—

(a)cancel the period; or

(b)reduce the period by a stated period.

(2)The chief executive may cancel or reduce the period only if the chief executive considers it is appropriate to take the action.

(3)The chief executive must immediately give written notice of the decision to—

(a)the holder of the licence; and

(b)if the chief executive believed the holder was an employee of a casino operator when the licence was suspended—the casino operator.

(4)Subsection (1) does not apply to an immediate suspension.

s 45G ins 2004 No. 21 s 5

pt 4 div 6 hdg ins 2002 No. 43 s 112 sch 2

46Surrender of casino key employee licence or casino employee licence

The holder of a casino key employee licence or a casino employee licence may, by written notice to the chief executive, surrender the employee’s licence.

s 46 amd 1995 No. 6 s 2 sch

47Termination of employment of employee and notification of termination of employment

(1)A casino operator must notify the chief executive in the approved form—

(a)that the operator has terminated the employment of a casino key employee or a casino employee; or

(b)that a casino key employee or a casino employee has terminated the employee’s employment with the operator; or

(c)that a casino key employee or a casino employee has otherwise ceased to be the operator’s employee;

within 7 days of such termination of employment or cesser as employee, as the case may be.

Maximum penalty—40 penalty units.

(2)A casino operator shall terminate the employment of a casino key employee or a casino employee within 24 hours after receiving written notice from the chief executive of—

(a)the cancellation or suspension of the licence of the employee; or

(b)the employee otherwise ceasing to be the holder of the appropriate licence.

Maximum penalty—100 penalty units.

(3)The provisions of subsection (2) are sufficient authority for the casino operator to terminate the employment of the employee in question, and the operator is so authorised to terminate such employment notwithstanding the provisions of any other Act or law or of any industrial award or agreement and no liability at law shall attach to the operator by reason of such termination.

s 47 amd 1995 No. 6 s 2 sch; 2003 No. 26 s 18 sch; 2024 No. 10 s 14

47ADestruction of fingerprints and palm prints of former licence holders

(1)This section applies if—

(a)the fingerprints or palm prints of a person were taken under former section 37(1)(a) for an application made by the person under section 35; and

(b)a casino key employee licence or casino employee licence held by the person ceases to be in force.

(2)The chief executive must, as soon as practicable after the licence ceases to be in force, cause the fingerprints and palm prints of the person to be destroyed.

(3)In this section—

former section 37(1)(a) means section 37(1)(a) as in force at any time before the amendment of that section by the Casino Control and Other Legislation Amendment Act 2022.

s 47A ins 1997 No. 57 s 14

sub 2022 No. 23 s 17

pt 4 div 7 hdg ins 2002 No. 43 s 112 sch 2

48Provisional licences

(1)Pending a decision by the chief executive in respect of an application for a casino key employee licence or a casino employee licence, the chief executive may grant to the applicant a provisional casino key employee licence or a provisional casino employee licence if the chief executive considers that—

(a)a decision in relation to the licence applied for may not be made for some time; and

(b)the operation of the casino where it is proposed the applicant will be employed will be seriously prejudiced or disadvantaged by delay in the employment of the applicant; and

(c)the issue of the provisional licence will not prejudice the integrity of the operation of the casino.

(2)The chief executive may subject the grant of a provisional licence to such terms, conditions and restrictions as are considered by the chief executive to be necessary in the public interest.

(3)If the chief executive grants a provisional licence, the chief executive must issue the licence in the approved form and sign it.

(4)A provisional licence shall remain in force until—

(a)the casino key employee licence or the casino employee licence, as the case may be, is issued or until the chief executive decides to refuse to grant the application for a casino key employee licence or a casino employee licence; or

(b)it is surrendered by the holder; or

(c)it is cancelled by the chief executive.

(5)The chief executive in the chief executive’s absolute discretion may cancel a provisional casino key employee licence or a provisional casino employee licence at any time, and the holder of the licence shall not have any right of action against the chief executive, the casino operator in question or any other person in respect of such cancellation or termination of employment as a consequence thereof.

(6)During its currency and subject to the terms, conditions and restrictions imposed by the chief executive in respect of it, a provisional casino key employee licence or a provisional casino employee licence shall operate and have the same effect as if it were a casino key employee licence or a casino employee licence issued under this part.

s 48 amd 1995 No. 6 s 2 sch; 2002 No. 43 s 112 sch 2

pt 4 div 8 hdg ins 2002 No. 43 s 112 sch 2

49Reference to employment

In this part, a reference to employ or employment includes a reference to engage or engagement under a contract for services.

pt 5 hdg sub 1995 No. 6 s 2 sch; 2024 No. 10 s 15

pt 5 div 1 hdg ins 2024 No. 10 s 17

50Purpose of division

(1)The purpose of this division is to fund—

(a)the regulation and oversight of casinos in a way that promotes the object of this Act; and

(b)the conduct of programs aimed at reducing harm from gambling in Queensland.

(2)In this section—

gambling includes—

(a)playing a game under a gaming Act; and

(b)otherwise betting or wagering money.

game includes a game that may be conducted or played under a gaming Act.

s 50 prev s 50 amd 1995 No. 6 s 2 sch; 2022 No. 23 s 17A

om 2024 No. 10 s 16

pres s 50 ins 2024 No. 10 s 17

50ALiability for supervision levy

A casino licensee must pay to the chief executive, for each financial year in which the licensee holds a casino licence, a levy (a supervision levy) of the amount for which the licensee is liable under section 50B.

s 50A ins 2024 No. 10 s 17

50BAmount of supervision levy

(1)Before the start of each financial year—

(a)the Minister must fix the total amount of the supervision levy that is payable for the financial year for all casino licences (the total levy amount); and

(b)the chief executive must notify the amount fixed by the Minister by publishing a notice on the department’s website.

(2)In deciding the total levy amount for a financial year, the Minister must have regard to the amount likely to be needed for the purpose stated in section 50.

(3)For each financial year, a casino licensee is liable for the proportion of the total levy amount prescribed by regulation.

(4)To remove any doubt, it is declared that a regulation under subsection (3) may prescribe different proportions for different casino licensees.

(5)Before recommending to the Governor in Council the making of a regulation prescribing the proportion of the total levy amount payable by a casino licensee for a financial year, the Minister may have regard to the amounts that are, or are estimated to be—

(a)the total casino gross revenue for the casino for the months in 1 or more previous financial years; and

(b)the total amount of casino gross revenue for all casinos for the months in the same previous financial years.

(6)If a casino licensee starts or stops holding a casino licence during a financial year, the amount for which the casino licensee is liable for the financial year under subsection (3) is not affected.

(7)Despite subsection (1), the Minister may fix the total levy amount for a financial year, and the chief executive may notify the amount fixed, after 1 July in the financial year with retrospective operation to 1 July in the financial year.

(8)Subsection (7) applies despite the Statutory Instruments Act 1992, section 34.

s 50B ins 2024 No. 10 s 17

50CContribution notice for supervision levy

(1)The chief executive must give a notice to each casino licensee, before or during each financial year, stating—

(a)the amount of the supervision levy payable by the casino licensee for the financial year; and

(b)that the amount is payable in 4 quarterly instalments; and

(c)the day by which each instalment must be paid, which may be before the start of the quarter to which the instalment relates; and

(d)how each instalment must be paid.

(2)The due day stated in the notice for payment of the first instalment must not be earlier than 14 days after the notice is given.

(3)The chief executive may give a notice to a casino licensee allowing further time for payment of an instalment.

(4)A casino licensee must pay the amount of the supervision levy for which the casino licensee is liable in accordance with a notice under subsection (1) or (3).

s 50C ins 2024 No. 10 s 17

50DDealing with supervision levy

Each amount of supervision levy received under this part—

(a)is a controlled receipt for the Financial Accountability Act 2009; and

(b)may be used for the purpose stated in section 50.

s 50D ins 2024 No. 10 s 17

50EPeriodic reviews of division

(1)The Minister must ensure the operation of this division, including the framework used by the Minister to fix the total levy amount for each financial year, is periodically reviewed under this section.

(2)A regulation may make provision about a review including, for example, provision about the matters to be reviewed and the way the review is to be conducted.

(3)A review must be carried out as soon as practicable after the day that is 3 years after the commencement of this section.

(4)Further reviews must be carried out at intervals of not more than 5 years.

(5)The reviewer for a review must give a report on the review to the Minister.

(6)Within 3 sitting days after receiving a report, the Minister must table a copy in the Legislative Assembly.

s 50E ins 2024 No. 10 s 17

pt 5 div 2 hdg ins 2024 No. 10 s 18

51Casino tax

(1)A casino tax shall be paid to the chief executive each month in respect of a casino licence.

(2)The casino tax shall be paid on or before the seventh day of the month next following the month in respect of which it is payable.

(3)Subject to subsection (4), the amount of the casino tax is to be as follows, less the GST deduction for the month—

(a)the total of—

(i)the percentage of the casino gross revenue for the month in question that applies under the associated agreement; and

(ii)the relevant percentage of the premium junket revenue for the month; or

(b)if the agreement provides that an amount is to be payable in specified circumstances and the circumstances have arisen—that amount.

(4)If the Governor in Council considers that a percentage specified in the agreement should be varied, the Governor in Council may, by regulation, determine a higher or lower percentage for the purposes of subsection (3)(a).

(4A)Subsections (4B) and (4C) apply if a regulation made under subsection (4) determines a higher percentage for subsection (3)(a) for an associated agreement for a casino licence.

(4B)The regulation has effect despite—

(a)the agreement; and

(b)the Act that ratifies the agreement.

(4C)Despite any other Act or law, no compensation is payable by the State to any person because of the operation of the regulation.

(4D)Subsection (4C) does not prevent the payment of compensation by the State to the casino licensee, to the extent the State is expressly liable under the agreement or another agreement entered into by the State and the licensee, because of the operation of the regulation.

(4E)A regulation made under subsection (4) may determine different percentages, for subsection (3)(a), to be applied to different categories of casino gross revenue or premium junket revenue for an associated agreement for a casino licence.

(5)A regulation determining a higher or lower percentage for the purposes of subsection (3)(a) takes effect—

(a)if the regulation is notified on the first day of the month—on that day; or

(b)in any other case—on the first day of the next month.

(6)For subsection (3)(a)—

(a)if the casino gross revenue for a month is a negative amount, the amount worked out under subsection (3)(a)(i) is a negative amount; and

(b)if the premium junket revenue for a month is a negative amount, the amount worked out under subsection (3)(a)(ii) is a negative amount.

(7)In this section—

associated agreement, for a casino licence, means the agreement mentioned in section 19 under which the casino licence issues.

GST deduction, for a month, means the lesser of the following amounts—

(a)the global GST amount, calculated under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), division 126, for the month for the conduct of gaming under the casino licence;

(b)the relevant amount mentioned in subsection (3)(a) or (b).

relevant percentage, for premium junket revenue, for a casino licence, means—

(a)the percentage that applies under the associated agreement for premium junket revenue; or

(b)if a percentage for premium junket revenue does not apply under the associated agreement—the percentage that applies under the associated agreement for casino gross revenue.

s 51 amd 1992 No. 68 s 3 sch 1; 1995 No. 6 s 2 sch; 1996 No. 69 s 5; 2000 No. 20 s 29 sch 3; 2009 No. 22 s 25; 2013 No. 39 s 110 (2) sch 3 pt 2; 2016 No. 17 s 79

53Adjustment of casino tax

(1)Subsection (2) applies in relation to a casino licence if the casino tax for a month (the reference month) is a negative amount (a tax credit).

(2)In working out the casino tax payable for the next month (the first adjustment month), the tax credit for the reference month is, to the extent possible, to be set off against the casino tax that, apart from this section, would be payable for the first adjustment month.

(3)Subsection (4) applies if—

(a)without applying subsection (2), the casino tax for the first adjustment month is a negative amount; or

(b)after applying subsection (2), part of the tax credit (the tax credit balance) for the reference month has not been set off against casino tax for the first adjustment month.

(4)In working out the casino tax payable for the month (the second adjustment month) after the first adjustment month, the tax credit, or tax credit balance, for the reference month, is, to the extent possible, to be set off against the casino tax that, apart from this subsection, would be payable for the second adjustment month.

(5)In relation to casino tax for a month that is a negative amount, the operation of this section extends only to the 2 months after the month.

s 53 sub 1996 No. 69 s 7

pt 5 div 3 hdg ins 2024 No. 10 s 19

54Disposition of taxes and application fees

Casino taxes and application fees in respect of casino key employee licences and casino employee licences shall on their receipt be paid into and form part of the consolidated fund.

s 54 amd 2024 No. 10 s 20

55Penalty for late payment

(1)Penalty at the rate of 5% shall be charged and become due and payable forthwith on the amount of any supervision levy or casino tax remaining unpaid after the date on which it becomes due and payable.

(2)Additional penalty at the rate of 5% shall be charged and become due and payable on any part of any amount specified in subsection (1) (including penalty) that remains unpaid—

(a)upon the expiration of 1 month commencing on the date when the amount first became due and payable; and

(b)upon the expiration of each month commencing on the like date thereafter.

(2A)However, additional penalty on that amount shall not be charged after the expiration of a period of 3 months commencing on the date when that amount first became due and payable.

(3)Subject to subsection (4), penalty or additional penalty payable under this section on an amount of casino tax shall be deemed to be casino tax.

(4)The chief executive, for any reason that the chief executive thinks is sufficient, may remit any penalty or additional penalty (or a part of the penalty or additional penalty) payable under this section.

(5)The following applies to an amount of penalty or additional penalty received under this section—

(a)an amount charged on unpaid supervision levy—

(i)is a controlled receipt for the Financial Accountability Act 2009; and

(ii)may be used for the purpose stated in section 50;

(b)an amount charged on unpaid casino tax must be paid to the consolidated fund.

s 55 amd 1995 No. 6 s 2 sch; 2009 No. 22 s 29; 2024 No. 10 s 21

56Recovery of taxes and levies

All taxes and levies due and payable in accordance with this part and remaining unpaid are debts due to the Crown and may be recovered by action as for a debt in any court of competent jurisdiction.

s 56 amd 2024 No. 10 s 22

57Liability for taxes and levies

(1)The casino licensee is liable for all taxes and levies due and payable in accordance with this part.

(2)If the casino operator is a lessee under a casino lease, the operator and the casino licensee are jointly and severally liable for all taxes and levies due and payable in accordance with this part.

(3)If—

(a)the casino operator is not the casino licensee or a lessee under a casino lease and there is no casino lease, the casino operator and the casino licensee; or

(b)the casino operator is not the casino licensee or a lessee under a casino lease and there is a casino lease, the casino operator, casino licensee and lessee under the lease;

are jointly and severally liable for all taxes and levies payable in accordance with this part.

s 57 amd 2004 No. 21 s 5A; 2024 No. 10 s 23

pt 6 div 1 hdg ins 2024 No. 10 s 24

58Maintenance of facilities etc.

A casino operator must—

(a)maintain all facilities and amenities of a casino in such a condition as will ensure at all times the maximum comfort for patrons; and

(b)ensure that the operation of the casino is conducted at all times in a proper and competent manner; and

(c)ensure that all casino installations, equipment and procedures for security and safety purposes are used, operated and applied at all relevant times for the preservation and maintenance of those purposes.

Maximum penalty—

(a)for paragraph (a)—100 penalty units; and

(b)for paragraphs (b) and (c)—200 penalty units.

s 58 amd 2002 No. 43 ss 111–112 schs 1–2

59Casino layout

(1)A casino operator for a casino must ensure each gaming area in the casino can be observed clearly and without obstruction.

Maximum penalty—200 penalty units.

(2)The casino operator must, before commencing casino operations, give the chief executive—

(a)a floor plan showing—

(i)the placement of gaming tables and gaming machines in areas to be used for gaming; and

(ii)other areas to be used for casino operations; and

(b)a diagram of the closed-circuit television system for the areas, indicating the following in relation to the floor plan—

(i)the camera positions;

(ii)the heights of the cameras from gaming tables;

(iii)the scope of coverage of the cameras.

Maximum penalty—200 penalty units.

s 59 amd 1995 No. 6 s 2 sch

sub 2016 No. 17 s 80

amd 2024 No. 10 s 25

60Changes to casino layout

(1)This section applies if—

(a)a casino operator proposes to make a change, other than a temporary change, to—

(i)a gaming area or other area used for casino operations; or

(ii)the closed-circuit television system for either area; and

(b)the proposed change affects the accuracy of a floor plan or diagram given to the chief executive under section 59(2).

(2)At least 3 days before making the proposed change, the casino operator must give the chief executive an amended floor plan or diagram showing the change.

Maximum penalty—100 penalty units.

(3)In this section—

temporary change means a change to a closed-circuit television system that is—

(a)for the purpose of assessing the suitability of a camera position in the system; and

(b)intended to apply for a period not longer than 14 days.

s 60 amd 1995 No. 6 s 7; 1997 No. 57 s 15; 2002 No. 43 ss 111–112 schs 1–2

sub 2016 No. 17 s 80

amd 2024 No. 10 s 26

61Hours of operation

(1)A casino operator shall operate a casino on the days and during the hours on those days approved for the time being by the chief executive.

(2)The operator shall not operate a casino on any other day or at any other time.

Maximum penalty—200 penalty units.

(3)A casino operator shall submit for the approval of the chief executive a schedule of operating times indicating the days and hours on and during which, it is proposed, the casino shall operate.

(4)The chief executive may approve the schedule of operating times as submitted or with such variations as the chief executive thinks fit.

(5)If the casino operator proposes to vary the schedule of operating times the operator must give to the chief executive for the chief executive’s approval details of the proposal showing the revised schedule of operating times.

(6)A casino operator must not effect any variation referred to in subsection (5) without the approval of the chief executive.

Maximum penalty—200 penalty units.

(7)The chief executive, for any reason considered by the chief executive to be sufficient in the circumstances, may by notice in writing require a casino operator to vary the schedule of operating hours in respect of a casino on and from a date specified in the notice.

(8)The notice shall be accompanied by or contain therein the revised schedule of operating hours to operate on and from the date specified.

(9)On and from the date so specified, the revised schedule shall be the schedule of operating hours in respect of the casino in question.

(10)A casino operator must not allow gaming in the casino at the following times—

(a)on Christmas Day or Good Friday—between the hours of 3a.m. and midnight;

(b)on Anzac Day—between the hours of 3a.m. and 1p.m.

Maximum penalty—200 penalty units.

s 61 amd 1995 No. 6 ss 8, 2 sch; 1997 No. 57 s 16; 2002 No. 43 ss 111–112 schs 1–2; 2024 No. 10 s 27

62Gaming equipment and chips

(1)A casino operator must ensure that all gaming equipment in a casino is of a high standard of manufacture and is maintained in good order and condition.

Maximum penalty—100 penalty units.

(2)A person must not possess, maintain or exhibit any gaming equipment on the premises of a hotel-casino complex except in the casino.

Maximum penalty—50 penalty units.

(3)A person must not possess, maintain or exhibit any gaming equipment in a gaming area in a casino, or bring into or remove from a gaming area in a casino any gaming equipment, unless the equipment—

(a)has been approved by the chief executive; and

(b)is necessary for the conduct of gaming; and

(c)has permanently affixed thereto or permanently imprinted, impressed or engraved thereon an identification number or symbol authorised by the chief executive; and

(d)is under the exclusive control of the casino operator or the operator’s agents or employees; and

(e)is brought into or removed from the gaming area at times authorised for that purpose by the chief executive or at other times when prior notice has been given to and written approval granted by an inspector.

Maximum penalty—40 penalty units.

(4)The chief executive’s approval of gaming equipment under subsection (3)(a) must include approval of—

(a)any electronic payment methods to be used with the equipment, including the technology used for the electronic payment methods; and

(b)if the gaming equipment is a gaming machine—

(i)a machine game to be played on the machine; and

(ii)the artwork for a machine game to be displayed as part of the machine; and

(c)anything relating to the equipment for which there is a requirement under section 72E or 72M.

(5)The chief executive may approve the artwork for a game only if the chief executive is satisfied the artwork includes rules of the game.

(6)A casino operator must ensure the number of gaming machines in the casino, or a particular part of the casino, does not exceed a limit fixed for the casino, or the part, by the Minister under subsection (7).

Maximum penalty—200 penalty units.

(7)The Minister may, by written notice given to a casino operator, fix a limit on the number of gaming machines to be permitted in the casino or a particular part of the casino.

(8)A casino operator must ensure a drop box or other receptacle (a deposit receptacle) used for the deposit of money, chips, vouchers, slips or other papers at the casino (whether or not there is any thing in the deposit receptacle) is fitted with 2 approved security devices.

Maximum penalty—40 penalty units.

(9)A casino operator must ensure a gaming table to which a deposit receptacle is attached is fitted with an approved security device that secures the deposit receptacle to the gaming table.

Maximum penalty—40 penalty units.

(10)A casino operator must ensure a count room or storage area in which a deposit receptacle is being used in connection with the operation of the casino is fitted with 2 approved security devices.

Maximum penalty—40 penalty units.

(11)A casino operator must ensure—

(a)the method of activating one of the approved security devices mentioned in subsections (8) and (10) is under the exclusive control of the casino operator; and

(b)the method of activating the other approved security device is different from the method mentioned in paragraph (a) and is under the control of an inspector at the casino.

Maximum penalty—40 penalty units.

(12)A casino operator must ensure the method of activating the approved security device mentioned in subsection (9) is under the exclusive control of the casino operator.

Maximum penalty—40 penalty units.

(13)A casino operator must ensure each approved security device mentioned in subsection (8), (9) or (10) is not able to be inactivated by the method of inactivating any other approved security device at the casino.

Maximum penalty—40 penalty units.

(14)A casino operator must ensure a deposit receptacle is not brought into or removed from the area of the casino used for the conduct and playing of games other than at a time and in a way approved by the chief executive.

Maximum penalty—200 penalty units.

(15)A casino operator must ensure an approved security device used to secure a deposit receptacle is not activated or inactivated other than at a time, and in a place and way, approved by the chief executive.

Maximum penalty—200 penalty units.

(16)A casino operator must ensure that chips used, or for use, in the casino are clearly and permanently impressed, engraved or imprinted with—

(a)the name of the casino or a symbol identifying the casino; and

(b)any other matters provided for under a regulation.

Maximum penalty—40 penalty units.

(17)A casino operator must not purchase chips from a chips manufacturer other than a chips manufacturer approved by the chief executive.

Maximum penalty—200 penalty units.

(18)A casino operator must ensure—

(a)that chips used in a casino for gaming are of such physical characteristics as are approved by the chief executive; and

(b)that chips used in a casino for gaming are in good condition.

Maximum penalty—

(a)for paragraph (a)—200 penalty units; and

(b)for paragraph (b)—40 penalty units.

(19)A casino operator must keep and at all times accurately maintain a written inventory of gaming equipment and chips used or for use in the casino.

Maximum penalty—200 penalty units.

(20)A casino operator must not, without the chief executive’s consent—

(a)destroy gaming equipment or chips; or

(b)permanently part with the physical possession of gaming equipment or chips.

Maximum penalty—200 penalty units.

(21)A casino operator must not permit a person to repair or maintain gaming equipment unless the chief executive has approved of the person for the purpose of repairing gaming equipment.

Maximum penalty—200 penalty units.

(22)In this section—

approved security device means a security device approved by the chief executive under section 62AA.

s 62 amd 1992 No. 68 s 3 sch 1; 1993 No. 32 s 3 sch 1; 1995 No. 6 ss 9, 2 sch; 1999 No. 77 s 162; 2000 No. 51 s 6; 2002 No. 43 ss 10, 111–112 schs 1–2; 2008 No. 2 s 4; 2013 No. 25 s 15; 2013 No. 62 s 4; 2016 No. 17 s 81; 2022 No. 23 s 18; 2024 No. 10 s 28

62AAApproval of security devices

(1)A casino operator may apply to the chief executive, in writing, for approval of a security device for the purpose of section 62.

(2)If the chief executive is satisfied the security device is suitable for the purpose for which it is to be used under section 62, the chief executive may approve the security device.

(3)The chief executive must give the casino operator written notice of the chief executive’s decision to approve or not to approve a security device.

(4)If the chief executive decides not to approve a security device, the chief executive must tell the casino operator—

(a)the reasons for the decision; and

(b)the changes to the device that are necessary for the device to be approved.

s 62AA ins 2008 No. 2 s 5

62AGaming equipment outside of casino

(1)A casino operator must not operate gaming equipment outside of a casino unless the casino operator has an approval under this section to operate the gaming equipment.

Maximum penalty—1,000 penalty units.

(2)A casino operator does not commit an offence under section 62(2) in so far as the possession, maintenance or exhibition of gaming equipment is merely incidental to the equipment being operated under an approval given under this section.

(3)The chief executive may approve the operation of gaming equipment outside of a casino only if the chief executive is satisfied the operation is for 1 or more of the following purposes—

(a)teaching adults the rules of a game;

(b)exhibiting gaming equipment;

(c)promoting a casino.

(4)A casino operator must not use, or allow the use of, cash, chips or player account credits in the operation of gaming equipment under this section.

Maximum penalty—1,000 penalty units.

s 62A ins 1995 No. 6 s 10

amd 1997 No. 57 s 17; 2002 No. 43 s 11; 2009 No. 41 s 5; 2024 No. 10 s 29

63Casino games

(1)The Minister may make rules for the playing of games in casinos.

(2)The games included in the rules may be conducted or played in a casino under a casino licence.

(3)The Minister must notify the making of a rule on the department’s website.

(3A)A rule takes effect—

(a)on the day the making of the rule is notified on the department’s website; or

(b)if a later day is stated in the Minister’s notice or the rule—on that day.

(3B)A casino operator must make a copy of the rule available—

(a)to patrons at the casino; and

(b)for public inspection on the casino’s website on the internet.

Maximum penalty—40 penalty units.

(3C)A casino licensee may make submissions to the Minister about a rule or proposed rule.

(4)A casino operator must submit to the Minister for approval a statement of the maximum number of each of the games proposed to be played in the casino.

(5)The Minister may approve the maximum number of each of the games as submitted or determine and approve in any particular case a different maximum number.

(6)For each type of game, a casino operator must not conduct more than the maximum number of that type approved by the Minister.

Maximum penalty—200 penalty units.

(7)Subject to subsection (8), the casino operator may, having regard to the apparent gaming requirements of casino patrons, at any time conduct a number of games less than the maximum number approved for the particular type of that game.

(8)The Minister may, by written notice given to the casino operator, direct that a minimum number of a particular type of game must be played.

(8A)A casino operator must comply with a direction given to the operator under subsection (8).

Maximum penalty—200 penalty units.

(9)The casino operator must ensure that each game conducted in the casino is conducted under the rules of the game.

Maximum penalty—200 penalty units.

(10)A casino key employee or a casino employee who is involved in the conduct of a game at a casino must ensure the game is conducted under the rules of the game.

Maximum penalty—40 penalty units.

(11)In this section—

game does not include a machine game.

s 63 amd 1992 No. 68 s 3 sch 1; 1995 No. 6 s 2 sch; 2002 No. 43 ss 12, 112 sch 2; 2009 No. 41 s 6; 2022 No. 23 s 19; 2024 No. 10 s 30

64Help for patrons about rules of games

(1)A casino operator must—

(a)when asked by a casino patron for a copy of the rules for the playing of a game, other than a machine game, give the patron a copy of the rules of the game to look at; and

(b)prominently display in the casino advice or information about gaming rules, wagers, payout odds for a wager, and other advice or information directed by the chief executive; and

(c)provide, for casino patrons, summaries of the rules in accordance with texts approved by the chief executive; and

(d)display at each gaming table or location for the playing of a game a sign showing the permissible minimum and maximum wagers for the game played at the table or location.

Examples of ways in which summaries may be provided to a casino patron—

1brochures

2videos

3computer based learning programs

Maximum penalty—40 penalty units.

(2)A casino operator must ensure the permissible minimum wager displayed for a game at a table or location where gaming is taking place is not changed to a higher permissible minimum wager unless—

(a)a sign showing the new minimum, and the proposed time of change, is displayed at the table or location for at least 20 minutes before the time of the proposed change; or

(b)all players at the table or location agree to the change.

Maximum penalty—40 penalty units.

s 64 sub 1995 No. 6 s 11

amd 2002 No. 43 s 111 sch 1; 2024 No. 10 s 31

64AWagers other than permissible minimum and maximum wagers

(1)A casino patron may make arrangements with a casino operator for the patron to make wagers that—

(a)are less than the permissible minimum wager for a table or location; or

(b)are more than the maximum wager for a table or location.

(2)If a casino operator makes an arrangement mentioned in subsection (1), the operator must give to the patron a document (the patron’s document) about the arrangement and tell the patron about using the document.

Maximum penalty—40 penalty units.

(3)The patron’s document must be in the approved form.

(4)If a patron makes a wager less than the permissible minimum wager, or more than the permissible maximum wager, for a table or location, a casino employee at the table or location must not accept the wager unless—

(a)the wager is made under an arrangement mentioned in subsection (1); and

(b)the patron’s document for the arrangement—

(i)is on the table, or at the location, in front of the patron; and

(ii)is clearly visible to the employee.

Maximum penalty for subsection (4)—40 penalty units.

s 64A sub 1995 No. 6 s 11

amd 2002 No. 43 ss 13, 111 sch 1; 2024 No. 10 s 33

65Obligations of casino operator in relation to conduct of games

(1)In a game in which playing cards are used, a casino operator must ensure the cards are at all times dealt from an item of gaming equipment specifically designed for the purpose.

Examples—

1a card shoe

2an automatic card shuffling device

Maximum penalty—40 penalty units.

(2)A casino operator must not issue or cause, permit or suffer to be issued any chips for gaming unless the chips are paid for—

(a)by chip purchase voucher issued by the casino on payment of the amount shown on the voucher; or

(b)using another payment method approved by the chief executive.

Maximum penalty—200 penalty units.

(3)A casino operator must ensure all gaming wagers are placed—

(a)by the use of chips, player account credits or gaming machine credits; or

(b)in another way approved by the chief executive or provided for in the rules of a game.

Maximum penalty—200 penalty units.

(4)A casino operator must ensure that all winning wagers are paid in full without any commission or levy other than a commission or levy provided for in the rules of a game.

Maximum penalty—200 penalty units.

(5)A casino operator must ensure that all winning wagers are paid—

(a)in chips; or

(b)by cheque; or

(c)by depositing the payment to a person’s player account; or

(d)in another way approved by the chief executive.

Maximum penalty—200 penalty units.

(6)A casino operator must during the hours of operation of a casino, at the request of a casino patron—

(a)exchange chip purchase vouchers or chips issued by the casino for chips or other chips, as the case may be, as requested of an equivalent total value; and

(b)redeem chips or chip purchase vouchers issued by the casino by paying the patron an amount equivalent to the value of the chips or chip purchase vouchers.

Maximum penalty—100 penalty units.

(7)A casino operator may make a payment under subsection (6)(b)—

(a)by issuing a cheque made payable to the patron and drawn on a bank account approved by the chief executive for that purpose; or

(b)in another way approved by the chief executive.

(8)A casino operator must not employ, engage or use or cause, permit or suffer any of the operator’s agents or employees or any other person to employ, engage or use any barker or shill to induce any person to enter a casino or play any game therein.

Maximum penalty—100 penalty units.

(9)A deposit, charge or levy, not being a commission or levy provided for in the rules of a game, must not be charged, taken or made, directly or indirectly, by a casino operator, on, from, to or in respect of any person for the right to enter a casino or play any game therein.

Maximum penalty—100 penalty units.

(10)It is immaterial that any such deposit, charge or levy is or is claimed to be refundable.

(11)A casino key employee, or casino employee, for a casino must not—

(a)in the particular casino—gamble on a game or machine; or

(b)accept or solicit a tip, gratuity, consideration or other benefit from a player or patron.

Maximum penalty—100 penalty units.

(12)Subsection (11)(b) applies to an acceptance or solicitation involving the licensee’s role in the casino even though it takes place outside of the casino.

s 65 amd 1995 No. 6 s 12; 2002 No. 43 ss 111–112 schs 1–2; 2009 No. 41 s 7l; 2013 No. 25 s 16; 2022 No. 23 s 20; 2024 No. 10 s 34

65AChief executive may approve gaming documents

(1)The chief executive may approve a casino operator giving or selling to a person a document (a gaming document)—

(a)for making wagers on a game; or

(b)for paying a winning wager; or

(c)for use in a machine, whether to make wagers, to pay winning wagers or otherwise; or

(d)to protect a player’s wager on a round of play against loss.

(2)If the chief executive has approved a gaming document for a purpose, the document may be used for the purpose despite section 65(3) or (5).

s 65A ins 1995 No. 6 s 13

amd 2000 No. 51 s 7

65BRepairers of gaming machines

(1)A person employed to repair gaming machines may play a gaming machine while repairing it.

(2)Subsection (1) applies despite section 65(11).

(3)To remove any doubt, it is declared that if the person causes a winning combination to appear on a gaming machine while repairing it, no amount is payable to the person despite the winning combination.

(4)In this section—

repairing a gaming machine includes adjusting, altering, carrying out maintenance and testing the machine.

s 65B ins 1995 No. 6 s 13

amd 2024 No. 10 s 35

65CLiquor served at tables etc.

A casino operator must not sell, give or distribute liquor to a person at a gaming table, or at another playing area within a casino, unless the chief executive has approved the sale, giving or distribution at the table or other area.

Maximum penalty—40 penalty units.

s 65C ins 1995 No. 6 s 13

amd 2002 No. 43 ss 111–112 schs 1–2

66Casino operator shall not accept credit wagers etc.

(1)A casino operator must not and an agent or employee of a casino operator must not, in connection with any gaming—

(a)accept a credit wager from any person; or

(b)make a loan to any person; or

(c)advance any thing of value to any person; or

(d)provide cash or chips to any person in respect of a credit card transaction; or

(e)extend credit in any form to any person; or

(f)release or discharge in whole or in part a debt owing by any person without first submitting the prescribed information and material to the Minister and the Minister approving such release or discharge.

Maximum penalty—200 penalty units.

(1A)Subsection (1)(a) to (e) does not apply in relation to gaming by a nonresident of Queensland visiting a casino under a junket agreement.

(2)Nothing contained in subsection (1) limits the operation of the provisions of section 68.

s 66 amd 1995 No. 6 s 2 sch; 2000 No. 51 s 8; 2002 No. 43 s 112 sch 2; 2016 No. 17 s 82

66AMaximum expenditure in cash transactions in any 24-hour period

(1)A regulation may prescribe—

(a)a maximum amount that a person may expend in cash transactions carried out in a casino within a 24-hour period (a prescribed limit); and

(b)a casino to which a prescribed limit applies (a prescribed casino).

(2)The casino operator for a prescribed casino must not allow a person to—

(a)carry out, in the casino, a cash transaction of an amount that is more than the prescribed limit; or

(b)carry out 2 or more cash transactions in the casino within a 24-hour period if the total amount expended in the cash transactions is more than the prescribed limit.

Maximum penalty—200 penalty units.

(3)In this section—

cash transaction, in a casino, means—

(a)a wager on a game in the casino placed by the use of cash; or

(b)a deposit, paid for in cash, into a player account established by the casino operator; or

(c)a cash purchase of chips, tickets or chip purchase vouchers that may be used in the casino; or

(d)the insertion of cash into a gaming machine in the casino.

s 66A ins 2024 No. 10 s 36

67Player accounts

(1)A casino operator may establish for a person a player account into which moneys may be deposited by that person in advance of any gaming by the person.

(2)The casino operator must not accept deposits to a person’s player account other than as authorised under this section.

Maximum penalty—200 penalty units.

(4)The casino operator may accept a deposit into a person’s player account by use of a debit card.

(5)The casino operator may accept a cheque for deposit to a person’s player account only if it is—

(a)a traveller’s cheque; or

(b)a bank cheque drawn in favour of the person and endorsed to the operator; or

(c)a cheque drawn on a bank by the person, made payable to the operator and dated but not postdated; or

(d)a cheque drawn in favour of the person and endorsed to the operator and—

(i)drawn on a bank by a casino licensee; or

(ii)drawn on a bank by the holder of a licence to operate a casino issued by another State under a law corresponding to this Act; or

(e)another cheque prescribed by regulation.

(6)The casino operator may accept a deposit into a person’s player account by a credit card transaction only if the deposit is made by a nonresident of Queensland visiting a casino under a junket agreement.

(7)The casino operator may accept a deposit into a person’s player account using a method approved by the chief executive.

(8)A casino operator may issue to the person for whom the player account is established a chip purchase voucher or chip purchase vouchers of a value up to the amount for the time being standing to the person’s credit in the account.

(9)A casino operator may pay, to the person for whom a player account is established, an amount up to the amount in the account—

(a)in a way approved by the chief executive; or

(b)if requested by the person, by issuing a cheque made payable to the person that is drawn on a bank account approved by the chief executive.

s 67 amd 1993 No. 32 s 3 sch 1; 1995 No. 6 s 2 sch; 2009 No. 41 s 8; 2016 No. 17 s 83; 2022 No. 23 s 21; 2024 No. 10 s 37

67AExchange by casino operator of chip purchase voucher for approved payment method

(1)For the purpose of gaming by a person and in exchange for payment from the person, a casino operator may issue to the person a chip purchase voucher or chip purchase vouchers of a value equal to the amount of the payment.

(2)The payment mentioned in subsection (1) must be made using a method approved by the chief executive.

Maximum penalty—100 penalty units.

(3)Nothing in this section limits the ability of a casino operator to issue a chip purchase voucher or chip purchase vouchers under section 67(8) or 68(1).

s 67A ins 2022 No. 23 s 22

amd 2024 No. 10 s 38

68Exchange by casino operator of chip purchase voucher for cheque

(1)Subject to subsection (2), a casino operator may issue to a person for the purpose of gaming by the person and in exchange for a cheque from the person a chip purchase voucher or chip purchase vouchers of a value equal to the amount of the cheque.

(2)A casino operator shall not accept for the purposes of subsection (1) a cheque, other than a traveller’s cheque, unless it satisfies the requirements specified in section 67(5)(c).

Maximum penalty—100 penalty units.

s 68 amd 1995 No. 6 s 2 sch; 2022 No. 23 s 23; 2024 No. 10 s 39

69Redemption of cheques

(1)Subject to section 71, a person who has deposited or lodged with a casino operator under section 67 or 68 a cheque that complies with the requirements referred to in section 67(5)(c) may, with the agreement of the casino operator, redeem the cheque by presenting to the casino operator in exchange therefor—

(a)a cheque or cheques complying with requirements as aforesaid; or

(b)a chip purchase voucher or chip purchase vouchers; or

(c)chips; or

(d)payment using a method approved by the chief executive;

to an amount or a value equivalent to the amount of the cheque so deposited or lodged as aforesaid.

(2)The redemption of a cheque under subsection (1) may also be made in exchange for any combination of the things mentioned in subsection (1)(a) to (d).

s 69 amd 2022 No. 23 s 24; 2024 No. 10 s 40

70Depositing of cheques

All cheques received by a casino operator in respect of gaming that are not redeemed in accordance with section 69 shall be banked by the operator within the prescribed time.

Maximum penalty—100 penalty units.

s 70 amd 1995 No. 6 s 2 sch; 2024 No. 10 s 41

71No redemption to delay payment

Where a person has deposited or lodged a cheque with a casino operator under section 67 or 68, the casino operator shall not agree to the redemption by that person of the cheque pursuant to section 69 for the purpose of avoiding or delaying beyond the prescribed time as referred to in section 70 the banking of the cheque to the appropriate account of the casino operator.

Maximum penalty—100 penalty units.

s 71 amd 1995 No. 6 s 2 sch; 2024 No. 10 s 42

71AUnclaimed winnings and prizes

(1)If a non-monetary prize for a game conducted in a casino is not collected within 3 months after the game is conducted, the casino operator may—

(a)dispose of the prize by public auction or tender or in some other way approved by the chief executive; and

(b)pay for the disposal from the proceeds of sale.

(2)Also, the casino operator must deal with any amount remaining from the proceeds of sale as required by this section.

Maximum penalty—100 penalty units.

(3)If an amount for winnings for a game conducted in a casino is not paid within 12 months after the game is conducted, the casino operator must, within 14 days after the end of the 12 months, deal with the amount as required by this section.

Maximum penalty—100 penalty units.

(4)The casino operator must, for an amount mentioned in subsection (2) or (3)—

(a)if the casino operator knows who is entitled to receive the amount and the person has a current player account with the casino operator—pay the amount into the account; or

(b)if the casino operator knows who is entitled to receive the amount and the person’s whereabouts, and the person does not have a current player account with the casino operator—pay the amount to the person; or

(c)if the casino operator knows who is entitled to receive the amount, but the casino operator does not know the person’s whereabouts and the person does not have a current player account with the casino operator—pay the amount into the designated departmental account; or

(d)if the casino operator does not know who is entitled to receive the amount—pay the amount into the designated departmental account.

(5)In this section—

designated departmental account means an account at the department designated under a regulation as the account to which payments are to be made under subsection (4)(c) or (d).

s 71A ins 1999 No. 8 s 124

amd 2009 No. 41 s 9; 2013 No. 25 s 17

72Training courses for employees

(1)A casino operator must ensure training courses relating to the playing of games, the conduct of games and associated activities in connection with casino operations are provided in the way mentioned in subsection (2) for persons employed or to be employed by the operator in a casino as casino key employees or casino employees.

Maximum penalty—40 penalty units.

(2)For subsection (1), the training courses must be provided by the casino operator or by the casino operator’s nominee.

(3)The successful completion of a training course mentioned in subsection (1) is a prerequisite for—

(a)the issue of a casino key employee licence or a casino employee licence; or

(b)the approval of the chief executive to the making of an amendment (and such amendment being made) in a licence in respect of the type of work performed or to be performed by the licensee;

and for the employment of the licensee in the type of work specified in the licence, either in the first instance or pursuant to amendment, unless the licensee is qualified by experience, satisfactory to the chief executive, appropriate to the type of work to be performed by the person as licensee.

(4)A casino operator must not conduct gaming on a simulated basis for the purpose of training employees, testing gaming equipment and gaming procedures and demonstrating the conduct and playing of games unless—

(a)the operator has obtained the prior approval of the chief executive; and

(b)no cash is used and no chips are used.

Maximum penalty—100 penalty units.

s 72 amd 1995 No. 6 s 2 sch; 2002 No. 43 ss 14, 111–112 schs 1–2; 2013 No. 25 s 18; 2022 No. 23 s 25

72AAdvertising casinos

An advertisement about a casino must—

(a)not be indecent or offensive; and

(b)not be false, deceptive or misleading in a material particular; and

(c)be based on fact.

s 72A ins 2002 No. 43 s 15

72BDirections about advertising

(1)If the chief executive reasonably believes an advertisement about a casino does not comply with section 72A, the chief executive may direct the person who appears to be responsible for authorising the advertisement to take the appropriate steps—

(a)to stop using the advertisement; or

(b)to change the advertisement.

(2)The direction must—

(a)be in writing; and

(b)state the grounds for the direction; and

(c)for a direction to change the advertisement—state how the advertisement is to be changed.

(3)A person to whom a direction is given must comply with the direction, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

s 72B ins 2002 No. 43 s 15

72CHarm minimisation measures

(1)A regulation may prescribe measures (harm minimisation measures) that have the purpose of minimising potential harm from casino gambling, including, for example, measures for any of the following purposes—

(a)delaying the start of a process in particular circumstances;

(b)interrupting a process in particular circumstances;

(c)using particular technology or software;

(d)providing particular information to the chief executive or persons participating in casino gambling;

(e)enabling a person to access a service that provides help with gambling problems.

(2)The Minister may recommend the making of a regulation under subsection (1) only if satisfied—

(a)the harm minimisation measure—

(i)is necessary and appropriate to minimise potential harm from casino gambling; and

(ii)is consistent with the objects of this Act; or

(b)it is in the public interest to prescribe the harm minimisation measure.

(3)A regulation made under subsection (1) may also prescribe the casino operators that must implement a harm minimisation measure.

(4)A casino operator prescribed under subsection (3) must implement the harm minimisation measure as prescribed.

Maximum penalty for subsection (4)—200 penalty units.

s 72C ins 2022 No. 23 s 26

pt 6 div 2 hdg ins 2024 No. 10 s 43

72DDefinitions for division

In this division—

de-identified player card information means player card information that does not include anything that could identify, or lead to the identification of, an individual to whom the information relates.

player card information means—

(a)information obtained by a casino operator from the issue of a player card or use of a player card to play a prescribed game or carry out a prescribed activity; or

(b)information derived from information mentioned in paragraph (a).

prescribed activity, in relation to a casino, means an activity associated with playing a game in the casino that, under a regulation under section 72E, a person must not be allowed to carry out other than by use of a player card in accordance with the regulation.

prescribed game, in relation to a casino, means a game that, under a regulation under section 72E, a person must not be allowed to play in the casino other than by use of a player card in accordance with the regulation.

s 72D ins 2024 No. 10 s 43

72ERequirement to use player cards

(1)A regulation may provide that, in a stated casino, a person must not be allowed to do the following other than by use of a player card in accordance with the regulation—

(a)play a stated game;

(b)carry out a stated activity associated with playing a game.

Example of an activity—

buying chips

(2)A regulation may make provision about player cards or any other matter relating to a regulation under subsection (1), including any of the following—

(a)the issue of player cards, including requirements about proof of the identity of an applicant for a player card;

(b)the cancellation or deactivation of player cards;

(c)the collection of information in the course of issuing or using player cards, and the use, storage, transfer or disclosure of the information;

Examples of information stored on, or collected in the course of issuing or using, a player card—

•the identity of the person to whom the card is issued

•the games played using the card

•the amounts gambled on games played using the card

(d)the way a player card must be used to play a prescribed game or carry out a prescribed activity;

(e)transaction statements and other documents relating to the use of player cards;

(f)information to be given to persons to whom a player card will be or has been issued, including information about the matters mentioned in paragraph (c).

s 72E ins 2024 No. 10 s 43

72FCasino operator to ensure proper use of player cards

(1)A casino operator must ensure a person does not play a prescribed game or carry out a prescribed activity other than by use of a player card in accordance with a regulation under section 72E.

Maximum penalty—200 penalty units.

(2)A casino operator must not allow a person to play a prescribed game or carry out a prescribed activity using a player card that the casino operator knows, or ought reasonably to know, was issued to someone else.

Maximum penalty—200 penalty units.

(3)A reference in this section to a casino operator includes a reference to an employee or agent of a casino operator.

s 72F ins 2024 No. 10 s 43

72GPlayers to properly use player cards

A person must not—

(a)play a prescribed game or carry out a prescribed activity in a casino other than by use of a player card in accordance with a regulation under section 72E; or

(b)play a prescribed game or carry out a prescribed activity in a casino using a player card issued to someone else; or

(c)allow someone else to use the person’s player card to play a prescribed game or carry out a prescribed activity in a casino.

Maximum penalty—40 penalty units.

s 72G ins 2024 No. 10 s 43

72HRequirements about information recording and transfer

(1)The chief executive may give a notice to a casino operator—

(a)stating information, relating to the playing of prescribed games or carrying out of prescribed activities, that the chief executive needs for the purpose of—

(i)the administration or enforcement of this Act in relation to the casino; or

(ii)research, by the chief executive or another entity, into harm from gambling; and

(b)requiring the casino operator to ensure the player cards are capable of securely recording and transferring the information.

(2)The casino operator must comply with the notice.

Maximum penalty—160 penalty units.

s 72H ins 2024 No. 10 s 43

72ICasino operator must give reports of de-identified information

(1)A casino operator must give the chief executive reports under this section containing de-identified player card information.

Maximum penalty—100 penalty units.

(2)The reports must—

(a)include the de-identified player card information prescribed by regulation; and

(b)be given at the times prescribed by regulation; and

(c)be in the approved form.

s 72I ins 2024 No. 10 s 43

72JChief executive may require casino operator to give information

(1)The chief executive may give a notice to the casino operator requiring the operator to give the chief executive stated player card information.

(2)The notice—

(a)may relate to—

(i)a particular player card used in the casino; or

(ii)a class of player cards used in the casino; or

(iii)all player cards used in the casino; and

(b)may be for information to be given once or at stated times; and

(c)may state the form in which the information is to be given; and

(d)must state the due day for giving the information.

(3)The casino operator must comply with the notice by the due day or any later day allowed by the chief executive.

Maximum penalty—160 penalty units.

(4)The chief executive may require the provision of information under this section for the purpose of—

(a)the administration or enforcement of this Act in relation to the casino; or

(b)research, by the chief executive or another entity, into harm from gambling.

(5)A requirement under subsection (4)(b) must be for the provision of de-identified player card information.

s 72J ins 2024 No. 10 s 43

72K Chief executive may give de-identified information for research

The chief executive may give de-identified player card information to an entity for the purpose of research into harm from gambling.

s 72K ins 2024 No. 10 s 43

pt 6 div 3 hdg ins 2024 No. 10 s 43

72L Meaning of pre-commitment system

(1)A pre-commitment system is a system under which—

(a)limits may apply to a person in relation to playing games or carrying out associated activities in a casino including, for example, any of the following—

(i)a limit on the net loss that the person may incur on a game, or all games, in the casino during a stated period;

(ii)a limit on the amounts a person may, in a stated period, expend in making deposits in the person’s player account or carrying out other activities associated with playing games in the casino;

(iii)a limit on the total amount of time for which the person may play a game, or all games, in the casino during a stated period;

(iv)a limit on the time for which the person may continuously play a game, or all games, in the casino without a break; and

(b)the casino operator does not allow a person to play a game or carry out an associated activity in the casino in contravention of any of the limits that apply to the person.

(2)A pre-commitment system may—

(a)set a limit that applies to a person in relation to a matter; or

(b)set a limit that applies to a person in relation to a matter if the person has not set a different limit.

s 72L ins 2024 No. 10 s 43

72M Requirement to implement pre-commitment system

(1)A regulation may provide that, in a stated casino, a person must not be allowed to do the following other than under a pre-commitment system in accordance with the regulation—

(a)play a stated game;

(b)carry out a stated activity associated with playing a game.

Example of an activity—

buying chips

(2)A regulation may make provision about a pre-commitment system or any other matter relating to a regulation under subsection (1), including any of the following—

(a)the types of limits that must be available to players under the system to help them to control their gambling expenditure and time spent gambling;

(b)a limit that applies to a player;

(c)the requirements for removing a limit applying to a player;

(d)a default limit that applies to a player who has not opted for a different limit;

(e)how amounts are calculated or measured for the purpose of a limit;

(f)how a player may set or change a limit applying to the person;

Examples—

1A regulation may provide for a cooling-off period before an increase to the amount of a limit takes effect.

2A regulation may provide for a requirement that must be met before a person may increase the amount of a limit.

(g)the periods to which a limit applies;

Example—

A regulation may provide for daily, weekly and monthly limits on a person’s net loss on a game or total time spent playing a game.

(h)installation of the pre-commitment system;

(i)the provision of information to the chief executive about the operation of, or another matter relating to, the pre-commitment system;

(j)obligations of the casino operator, relating to the pre-commitment system, to help ensure safer gambling;

Example—

obligations about when and how to interact with a person to ensure compliance with a limit applying to the person

(k)the availability of ways of accessing the pre-commitment system;

(l)the use of player cards and player accounts under the pre-commitment system;

(m)persons to whom a regulation mentioned in subsection (1) applies or does not apply.

(3)In this section—

access, a pre-commitment system, includes—

(a)obtain information stored in the system; and

(b)add, delete or change limits, information or settings stored in the system.

s 72M ins 2024 No. 10 s 43

72NOffence relating to requirement to implement pre-commitment system

(1)A casino operator must ensure a person does not play a prescribed game or carry out a prescribed activity other than under a pre-commitment system in accordance with a regulation under section 72M.

Maximum penalty—200 penalty units.

(2)In this section—

prescribed activity, in relation to a casino, means an activity associated with the playing of a game in the casino that, under a regulation under section 72M, a person must not be allowed to carry out other than under a pre-commitment system in accordance with the regulation.

prescribed game, in relation to a casino, means a game that, under a regulation under section 72M, a person must not be allowed to play in the casino other than under a pre-commitment system in accordance with the regulation.

s 72N ins 2024 No. 10 s 43

73Casino operations to be conducted under approved control system

(1)A casino operator must not operate a casino under a casino licence unless the operator has an approved control system for the casino.

Maximum penalty—200 penalty units.

(2)If a casino operator has an approved control system for the casino, the operator must not contravene the approved control system in the operation of the casino.

Maximum penalty—400 penalty units.

(3)A casino operator must not change the operator’s approved control system other than under a direction or approval of the chief executive.

Maximum penalty—200 penalty units.

s 73 amd 1995 No. 6 s 2 sch; 2002 No. 43 s 112 sch 2

sub 2005 No. 12 s 5

amd 2022 No. 23 s 27

74Control system submission

(1)A casino operator may make a submission (a control system submission) to the chief executive for approval of the operator’s proposed control system.

(2)A control system submission must—

(a)be in writing; and

(b)describe and explain the casino operator’s proposed control system.

(3)In particular, a control system submission must include information about—

(a)the following things to be used in connection with the operation of the casino—

(i)accounting systems and procedures;

(ii)administrative systems and procedures;

(iii)computer software; and

(b)the general procedures to be followed in connection with the operation of the casino; and

(c)the procedures and standards for the maintenance, security, storage and transportation of equipment to be used in connection with the operation of the casino; and

(d)the procedures for making bets and paying winning bets; and

(e)the procedures for using and maintaining security facilities.

(4)However, a casino operator’s control system submission need not include particular information mentioned in subsection (3) if the chief executive is satisfied, having regard to the nature of the operator’s operations, that the information is not necessary for the chief executive’s proper consideration of the submission under section 75A.

(5)A control system submission may include information additional to the information mentioned in subsection (3).

s 74 amd 1995 No. 6 s 2 sch; 2002 No. 43 s 112 sch 2; 2004 No. 21 s 6

sub 2005 No. 12 s 5

amd 2013 No. 25 s 19

75Control system (change) submission

A casino operator may make a written submission (a control system (change) submission) to the chief executive for approval to change the operator’s approved control system.

s 75 amd 1995 No. 6 s 2 sch; 2002 No. 43 ss 111–112 schs 1–2

sub 2005 No. 12 s 5

amd 2013 No. 25 s 20

75ADealing with submissions

(1)This section applies to a control system submission or control system (change) submission made to the chief executive by a casino operator.

(2)The chief executive must consider the submission and either approve, or refuse to approve, the casino operator’s proposed control system or the proposed change of the casino operator’s approved control system.

(3)In considering the submission, the chief executive may, by written notice given to the casino operator, require the operator to give the chief executive, within a reasonable period stated in the notice, further information that is necessary and reasonable to help the chief executive make a decision about the submission.

(4)In considering whether to give an approval, the chief executive must have regard to—

(a)whether the submission satisfies the requirements under this part for the submission; and

(b)whether the casino operator’s proposed control system, or approved control system as proposed to be changed, is capable of providing satisfactory and effective control over the operations of the casino.

(5)The chief executive may refuse to give an approval if the casino operator fails to comply with a requirement under subsection (3) without a reasonable excuse.

(6)If the chief executive approves the proposed control system, or proposed change of the approved control system, the chief executive must as soon as practicable give the casino operator written notice of the decision.

(7)If the chief executive refuses to approve the proposed control system, or proposed change of the approved control system, the chief executive must as soon as practicable give the casino operator a written notice that—

(a)states the decision and the reasons for the decision; and

(b)if the chief executive believes the submission can easily be changed to enable the chief executive to give an approval—

(i)explains how the submission can be changed; and

(ii)invites the casino operator to resubmit the submission after making the appropriate changes.

s 75A ins 2005 No. 12 s 5

75BDirection to change approved control system

(1)The chief executive may, by written notice given to a casino operator, direct the operator to change the operator’s approved control system within the period, and in the way, stated in the notice.

(2)The casino operator must comply with the direction.

(3)If the casino operator does not comply with the direction, at the end of the period stated in the notice the operator’s approved control system is taken to have been changed in the way stated in the notice.

s 75B ins 2005 No. 12 s 5

76Keeping books, records and documents

(1)All books, records and documents relating to the operations of the hotel-casino complex or the casino, as the case may be, shall be kept by the casino operator on the hotel-casino complex premises.

Maximum penalty—40 penalty units.

(2)The chief executive may by signed written notice—

(a)exempt the casino operator from compliance with subsection (1) either in respect of all books, records and documents or some of them as specified by the chief executive for reasons considered by the chief executive to be sufficient; or

(b)approve generally or in particular cases that books, records and documents otherwise kept on the premises as aforesaid may be removed temporarily to another place or other places.

(3)The casino operator must keep a book, record or document mentioned in subsection (1) for 5 years after the end of the transaction to which the book, record or document relates.

Maximum penalty—200 penalty units.

(4)Subsection (3) does not apply to a book, record or document if—

(a)the information previously contained in the book, record or document is kept in another way under an approval of the chief executive; or

(b)the book, record or document has been destroyed under an approval of the chief executive.

(5)Subsection (3) has effect subject to any other law about the retention or destruction of the book, record or document.

s 76 amd 1995 No. 6 s 2 sch; 2002 No. 43 ss 16, 112 sch 2

77Keeping of bank accounts

(1)A casino operator must keep a bank account, or bank accounts, approved by the chief executive for use for all banking transactions about the operations of the hotel-casino complex or the casino.

Maximum penalty—125 penalty units.

(2)The operator must not use an account approved under subsection (1) for other purposes.

Maximum penalty—125 penalty units.

s 77 sub 1992 No. 68 s 3 sch 1; 1995 No. 6 s 14

amd 2024 No. 10 s 44

78Accounts to be kept

A casino operator must—

(a)keep such accounting records as correctly record and explain the transactions and financial position of the operations of the hotel-casino complex or the casino, as the case may be; and

(b)keep the operator’s accounting records in such a manner as will enable—

(i)true and fair financial statements and accounts to be prepared from time to time; and

(ii)the operator’s financial statements and accounts to be conveniently and properly audited.

Maximum penalty—100 penalty units.

s 78 amd 1995 No. 6 s 2 sch; 2002 No. 43 s 112 sch 2; 2024 No. 10 s 45

79Financial statements and accounts

A casino operator must prepare financial statements and accounts giving a true and fair view of the operator’s financial operations in respect of the hotel-casino complex or the casino, as the case may be, which statements and accounts must include—

(a)trading accounts, where applicable, for the financial year; and

(b)profit and loss accounts for the financial year; and

(c)balance sheet as at the end of the financial year.

Maximum penalty—100 penalty units.

s 79 amd 1995 No. 6 s 2 sch; 2002 No. 43 s 112 sch 2; 2024 No. 10 s 46

80Chief executive may approve financial year period

It is competent for the chief executive in a particular case on application made to the chief executive to approve a date other than 30 June as the terminating date of a financial year.

s 80 amd 1995 No. 6 s 2 sch

81Submission of reports

(1)A casino operator must submit to the chief executive, at such times as are prescribed, reports relating to the operations of the hotel-casino complex or the casino, as the case may be.

Maximum penalty—100 penalty units.

(2)A report must be in the approved form.

(3)Where in the opinion of the chief executive any such report is deficient in information required to be provided, the chief executive may instruct the casino operator to submit to the chief executive information to supply the deficiency within a reasonable period nominated by the chief executive.

(4)The casino operator must submit the information within the nominated period.

Maximum penalty—100 penalty units.

s 81 amd 1995 No. 6 s 2 sch; 1997 No. 57 s 19; 2002 No. 43 ss 111–112 schs 1–2; 2024 No. 10 s 47

82Audit of operations

(1)As soon as practicable after the end of each financial year, a casino operator must have the operator’s books, accounts and financial statements for the operation of the operator’s hotel-casino complex or casino for the financial year audited by a person who—

(a)is a registered company auditor under the Corporations Act; and

(b)is approved by the chief executive to conduct the audit.

Maximum penalty—200 penalty units.

(2)The auditor must—

(a)complete the audit within 4 months after the end of the financial year; and

(b)immediately after completion of the audit, give a copy of the audit report to the chief executive and casino operator.

Maximum penalty—40 penalty units.

(3)Subsection (2)(a) does not apply to the auditor if, in the circumstances, it would be unreasonable to require the auditor to comply with the paragraph and the auditor completes the audit as soon as practicable.

s 82 amd 1990 No. 85 s 5 sch 2; 1995 No. 6 s 2 sch; 2001 No. 45 s 29 sch 3

sub 2002 No. 43 s 17

83Wider application of certain provisions of this part

(1)In this section, reference to person other than the actual operator is a reference to a casino licensee or a lessee under a casino lease or to each of them a casino licensee and a lessee under a casino lease, as the case requires, where there is a casino lease or a casino management agreement or both a casino lease and a casino management agreement.

(2)The provisions of sections 76 to 82 apply to and impose obligations and liabilities on a person other than the actual operator in respect of all matters relating to the operations of the hotel-casino complex or the casino, as the case may be, according to the person’s interest therein or association therewith to the same extent in all respects as they do in the case of the casino operator under a casino management agreement.

pt 8 div 1 hdg ins 1996 No. 69 s 8

84Restriction on certain agreements etc.

(1)Casino leases referred to in section 24 and casino management agreements referred to in section 25 are not subject to the provisions of this section.

(2)None of them—

(a)a casino licensee; or

(b)a lessee under a casino lease; or

(c)a casino operator under a casino management agreement;

shall, without the Minister’s written approval, enter into or be a party to any lease, contract, agreement or arrangement, written or unwritten, with any other person for such person to lease, let, lend or otherwise provide any thing or to furnish any service in return for—

(d)any direct or indirect interest in or percentage or share of moneys gambled at the casino; or

(e)any direct or indirect interest in or percentage or share of the revenues, profits or earnings from or of the casino.

Maximum penalty—400 penalty units.

(3)If the Minister considers that it is desirable or appropriate to do so in any particular case, the Minister may, upon application made to the Minister in that behalf, approve in writing a lease, contract, agreement or arrangement referred to in subsection (2).

s 84 amd 1995 No. 6 s 2 sch; 2024 No. 10 s 48

85Review of agreements etc.

(1)Casino leases referred to in section 24 and casino management agreements referred to in section 25 are not subject to the provisions of this section.

(2)Any of them—

(a)a casino licensee; and

(b)a lessee under a casino lease; and

(c)a casino operator under a casino management agreement;

must, if directed by the Minister to do so, furnish to the Minister within the time stipulated by the Minister such information as the Minister thinks fit with respect to any lease, contract, agreement or arrangement (the agreement) written or unwritten, with any other person relating to the hotel-casino complex or the casino.

Maximum penalty—200 penalty units.

(3)Without limiting the generality of subsection (2), matters concerning which the Minister may direct the furnishing of information include—

(a)names of persons entering into the agreements; and

(b)description of any property, goods or other things or any services provided or to be provided; and

(c)value, type or nature of consideration; and

(d)operative period of the agreement.

(4)Any of them a licensee, lessee or operator as referred to in subsection (2) must, if directed by the Minister to do so, furnish to the Minister within the time stipulated by the Minister a copy of the agreement if it is in writing.

Maximum penalty—200 penalty units.

(5)If the Minister, upon a review of any information or documents furnished under this section, is of the opinion that the continuance of the agreement is not in the public interest or jeopardises the integrity of gaming having regard to its terms and such other factors as to the Minister appear relevant, the Minister may issue to the licensee, lessee or operator as referred to in subsection (2) who is the party to the agreement a notice in writing requiring the licensee, lessee or operator to show cause why the agreement should not be terminated.

(6)The notice shall set out the grounds giving rise to its issue and shall stipulate a date, being not earlier than 21 days after such issue, on or before which cause is required to be shown.

(7)Where the Minister issues a notice, the Minister shall issue a copy thereof to the other party to the agreement.

(8)The licensee, lessee or operator to whom the notice is issued may give answer thereto in writing to the Minister to show cause at any time not later than the date stipulated in the notice in that respect.

(9)The other party may make such submissions to the Minister as the other party thinks fit at any time not later than that stipulated date.

(10)The Minister shall consider any answers given in reply to the notice to show cause and any submissions made by the other party and—

(a)if in the Minister’s opinion satisfactory answers are given or submissions made in reply to or in respect of the notice—the Minister shall take no further action in relation to the notice; or

(b)if in the Minister’s opinion answers given or submissions made in reply to or in respect of the notice are not satisfactory or if no answers are given and no submissions made—the Minister may direct the termination of the contract.

(11)The Minister’s direction referred to in subsection (10)(b) shall be given in writing to the parties to the agreement and shall specify a date on which the agreement is terminated under this Act if not sooner terminated.

(12)The agreement in question, if not sooner terminated by the parties to the agreement, is terminated by force of this Act on the date specified in the direction in that behalf.

(13)The termination of the agreement by force of this Act does not affect the rights and obligations of the parties thereto up to the time of such termination.

(14)No liability for breach of the agreement attaches to any party thereto by reason only of its termination by force of this Act.

s 85 amd 2002 No. 43 ss 111–112 schs 1–2

pt 8 div 2 hdg ins 1996 No. 69 s 9

85ADefinitions

In this division—

group of participants means a group of persons to which a junket agreement applies.

junket agreement means an agreement entered into by a casino operator, with the approval of the Minister under section 84, with another person (the promoter) under which—

(a)the promoter arranges for a group of persons to visit the casino to participate in gaming; and

(b)the casino operator pays the promoter a commission based on—

(i)the amount the persons gamble at the casino; or

(ii)the revenue of the casino derived from the persons.

participant means a person who is a member of a group of participants.

promoter see definition junket agreement.

sole participant agreement means a junket agreement under which the promoter is the only participant.

s 85A ins 1996 No. 69 s 9

85BGroups of participants

A group of participants may consist of 1 person.

s 85B ins 1996 No. 69 s 9

85CPromoter and participant

A promoter and a participant may be the one person.

s 85C ins 1996 No. 69 s 9

85DSpecial junket agreements

(1)A junket agreement (being a junket agreement that is a sole participant agreement) is a special junket agreement only if—

(a)the participant is a nonresident of Queensland; and

(b)the amount agreed to be committed under the agreement by the participant for gaming at the casino is at least the amount prescribed under a regulation for this paragraph.

(2)A junket agreement (being a junket agreement that is not a sole participant agreement) is a special junket agreement only if—

(a)each participant in the group of participants—

(i)is a nonresident of Queensland; or

(ii)is a person to whom a declaration under subsection (3) applies; and

(b)the amount agreed to be committed under the agreement by the participants in the group for gaming at the casino is at least the amount prescribed under a regulation for this paragraph.

(3)The chief executive may, in relation to a junket agreement that is not a sole participant agreement, declare that a participant in the group of participants is a person whose place of residence is not relevant for the agreement.

(4)However, the chief executive may make the declaration only if—

(a)each other participant in the group is a nonresident of Queensland; and

(b)it is reasonable to make the declaration, having regard to the nature of the participant’s association with the other participants.

s 85D ins 1996 No. 69 s 9

pt 9 hdg sub 2005 No. 12 s 88 sch

pt 9 div 1 hdg ins 2005 No. 12 s 6

pt 9 div 1 sdiv 1 hdg ins 2005 No. 12 s 6

85EAppointment and qualifications

(1)The chief executive may appoint a person as an inspector.

(2)However, a person may be appointed as an inspector only if—

(a)the person is—

(i)a public service officer or employee; or

(ii)a person prescribed under a regulation; and

(b)the chief executive is satisfied the person is qualified for the appointment because—

(i)the person has the necessary expertise or experience; or

(ii)the chief executive considers the person has the ability to quickly acquire the necessary expertise; and

(c)the chief executive is satisfied the person is a suitable person to be an inspector, having regard to—

(i)the person’s character; and

(ii)the person’s current financial position and financial background; and

(iii)any other matter the chief executive considers relevant to the person’s suitability to be an inspector.

s 85E ins 2005 No. 12 s 6

amd 2008 No. 2 s 6

pt 9 div 1 sdiv 2 hdg ins 2005 No. 12 s 6

85FConditions and limit on powers

(1)An inspector holds office on any conditions stated in—

(a)the inspector’s instrument of appointment; or

(b)a signed notice given to the inspector; or

(c)a regulation.

(2)The instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector’s powers under this Act.

(3)In this section—

signed notice means a notice signed by the chief executive.

s 85F ins 2005 No. 12 s 6

85GIssue of identity card

(1)The chief executive must issue an identity card to each inspector.

(2)The identity card must—

(a)contain a recent photo of the inspector; and

(b)contain a copy of the inspector’s signature; and

(c)identify the person as an inspector under this Act; and

(d)state an expiry date for the card.

(3)This section does not prevent the issue of a single identity card to a person for this Act and other purposes.

s 85G ins 2005 No. 12 s 6

85HProduction or display of identity card

(1)In exercising a power under this Act in relation to a person in the person’s presence, an inspector must—

(a)produce the inspector’s identity card for the person’s inspection before exercising the power; or

(b)have the identity card displayed so it is clearly visible to the person when exercising the power.

(2)However, if it is not practicable to comply with subsection (1), the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.

(3)For subsection (1), an inspector does not exercise a power in relation to a person only because the inspector has entered a public place or the land around premises to ask its occupier for consent to enter the premises.

s 85H ins 2005 No. 12 s 6

amd 2024 No. 10 s 49

85IWhen inspector ceases to hold office

(1)An inspector ceases to hold office if any of the following happens—

(a)the term of office stated in a condition of office ends;

(b)under another condition of office, the inspector ceases to hold office;

(c)the inspector’s resignation under section 85J takes effect.

(2)Subsection (1) does not limit the ways an inspector may cease to hold office.

(3)In this section—

condition of office means a condition on which the inspector holds office.

s 85I ins 2005 No. 12 s 6

85JResignation

An inspector may resign by signed notice given to the chief executive.

s 85J ins 2005 No. 12 s 6

85KReturn of identity card

A person who ceases to be an inspector must return the person’s identity card to the chief executive immediately after ceasing to be an inspector unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

s 85K ins 2005 No. 12 s 6

pt 9 div 1 sdiv 3 hdg ins 2005 No. 12 s 6

85LAudit program

(1)The Minister may approve an audit program for investigating inspectors.

(2)The chief executive may investigate an inspector under an approved audit program to help the chief executive decide whether the inspector is a suitable person to be an inspector, having regard to—

(a)the inspector’s character; and

(b)the inspector’s current financial position and financial background; and

(c)any other matter the chief executive considers relevant to the person’s suitability to be an inspector.

(3)However, the chief executive may investigate an inspector under subsection (2) only once every 2 years, unless the chief executive reasonably suspects the inspector is not a suitable person to be an inspector having regard to the matters mentioned in subsection (2).

(4)The chief executive must ensure the investigation is conducted under the approved audit program.

(5)In this section—

approved audit program means an audit program approved by the Minister under subsection (1).

s 85L ins 2005 No. 12 s 6

85MReport about criminal history

(1)To help decide whether a person is a suitable person to be an inspector or continue as an inspector, the chief executive may ask the police commissioner for a written report about the person’s criminal history.

(2)If asked by the chief executive, the police commissioner must give the chief executive a written report about the criminal history of the person.

(3)The duty imposed on the police commissioner applies only to information in the commissioner’s possession or to which the commissioner has access.

s 85M ins 2005 No. 12 s 6

amd 2024 No. 10 s 50

pt 9 div 2 hdg ins 2005 No. 12 s 6

86Directions as to operation of casino

(1)The Minister may, by notice in writing, give directions to a casino licensee, a lessee under a casino lease or a casino operator under a casino management agreement in relation to the management, supervision or control of any aspect of the operation of a casino.

(2)Each casino licensee, lessee or casino operator as aforesaid shall comply in all respects with a direction so given by the Minister.

Maximum penalty—200 penalty units.

(3)If a person, convicted of an offence for failure to comply with a direction under subsection (2), persists in the failure to comply that constitutes the offence, the person shall be taken to commit a separate offence on each day on which the failure continues and the person may be prosecuted and are liable to a penalty of 20 penalty units for each offence.

s 86 amd 1995 No. 6 s 2 sch; 2024 No. 10 s 51

87Inspectors may be and remain on casino premises

Inspectors may at any time enter, be and remain on the premises of a casino for the purpose of—

(a)viewing casino operations; and

(b)viewing a video recording of casino operations; and

(c)ascertaining whether the operation of the casino is being properly supervised and managed, and whether the provisions of this Act and the terms and conditions of the applicable agreement referred to in section 19 are being observed; and

(d)in all other respects, exercising their powers and performing their duties under this Act.

s 87 amd 1995 No. 6 s 2 sch; 2016 No. 17 s 84

87APower to require name and address

(1)This section applies if—

(a)an inspector finds a person committing or attempting to commit an offence against this Act; or

(b)an inspector finds a person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person is committing, or has committed, an offence against this Act.

(2)The inspector may require the person to state the person’s name and residential address.

(3)When making the requirement, the inspector must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.

(4)The inspector may also require the person to give evidence of the correctness of the stated name or residential address if—

(a)the inspector reasonably suspects the stated name or address to be false; and

(b)in the circumstances, it would be reasonable to expect the person to—

(i)be in possession of evidence of the correctness of the stated name and address; or

(ii)otherwise be able to give the evidence.

(5)A person of whom a requirement is made under subsection (2) or (4) must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(6)A person does not commit an offence against subsection (5) if—

(a)the person was required by an inspector who suspected the person was committing or attempting to commit, or had committed, an offence against this Act, to state the person’s name and residential address or to give evidence of the correctness of the stated name or residential address; and

(b)the person is not proved to have committed the offence.

s 87A ins 2002 No. 43 s 18

88Other powers of inspectors

(1)An inspector may do each of the following—

(a)require any person who has in the person’s possession or under the person’s control any gaming equipment or chips or any books, accounts, records or documents (which books, accounts, records or documents are hereafter in this division referred to as records) related to the operation of a casino or otherwise relevant to the administration of this Act to do any of the following at or by a stated time and in a stated way—

(i)make the gaming equipment, chips or records available for inspection by an inspector or produce them to an inspector for inspection;

(ii)answer questions or give information about the gaming equipment, chips or records;

(b)inspect any gaming equipment or chips or records referred to in paragraph (a) and take such notes or copies of or in relation to such records or extracts therefrom as the inspector deems necessary;

(c)where the inspector deems it necessary so to do for the purpose of obtaining evidence for production in possible subsequent proceedings against any person for an offence committed against this Act or any other Act or law—impound or retain any gaming equipment or chips or records inspected by the inspector pursuant to paragraph (b), provided that the person entitled thereto in the case of records shall, in lieu thereof, be entitled within a reasonable time to a copy certified as correct by the inspector, and such certified copy shall be received in all courts as evidence of and as of equal validity to the original;

(d)with the prior approval in writing of the Minister and subject to subsection (3), enter any premises or place in or at which the inspector believes on reasonable grounds any gaming equipment or chips or records as aforesaid is or are present in order to search for such equipment, chips or records;

(e)in a casino or other premises or place search for and seize and retain any gaming equipment or chips or records as aforesaid that the inspector considers will afford evidence as to the commission of an offence against this Act or any other Act or law suspected by the inspector on reasonable grounds to have been committed;

(f)require any casino licensee, lessee under a casino lease, casino operator under a casino management agreement, casino key employee, casino employee or any other person associated with the operation or management of a casino to—

(i)give the inspector, by a stated time and in a stated way—

(A)information relating to the management or operation of the casino; or

(B)if information relating to the management or operation of the casino is kept, stored or recorded electronically—a clear written reproduction of the information; or

(ii)attend before the inspector at a stated time and place to answer questions or give information about the management or operation of the casino;

(g)examine and test any gaming equipment or chips and order the destruction of gaming equipment of chips considered by the inspector to be unsatisfactory for use;

(h)receive and investigate complaints from casino patrons with respect to any aspect of the operation of a casino and advise such patrons the results of the investigations;

(i)call to the inspector’s aid—

(i)another inspector where the inspector is obstructed or believes on reasonable grounds that the inspector will be obstructed in the exercise of powers or performance of duties; or

(ii)a person who the inspector thinks is competent to assist the inspector in the exercise of powers or performance of duties.

(2)Any gaming equipment or chips or records impounded or retained pursuant to subsection (1)(c) or seized and retained pursuant to subsection (1)(e) may be detained for such period as the inspector thinks fit and, where any proceedings are commenced for the purpose of which the equipment, chips or records was or were retained, shall be detained until the final determination of those proceedings including any appeal in the matter of those proceedings.

(3)Before an inspector enters any premises that are used or any part of premises that is used exclusively as a dwelling house, the inspector shall, save where the inspector has the permission of the occupier thereof to the inspector’s entry, obtain from a justice a warrant to enter in the approved form.

(3A)For the purposes of this subsection, premises used as a dwelling house do not include the curtilage of those premises.

(3B)A justice who is satisfied upon the complaint of an inspector that there is reasonable cause to suspect that any gaming equipment or chips or records related to the operation of a casino or otherwise relevant to the administration of this Act is or are on premises or a part of premises used exclusively as a dwelling house and that—

(a)in respect thereof an offence against this Act or any other Act or law has been, is being or is likely to be committed; or

(b)it or they are likely to be or provide evidence for production in possible subsequent proceedings against any person for an offence committed against this Act or any other Act or law;

may issue a warrant, directed to the inspector, to enter the premises or part of premises specified in the warrant for the purpose of exercising therein the powers conferred upon an inspector under this Act.

(3C)For 1 month from the date of its issue, a warrant shall be sufficient authority for the inspector and any person acting in aid of the inspector—

(a)to enter the premises or part of premises specified in the warrant; and

(b)to exercise therein the powers conferred upon an inspector under this Act.

(4)For the purpose of gaining entry to any place that the inspector is authorised under this Act to enter, an inspector and all persons acting in aid of the inspector may use such force as is necessary.

(5)A person who is acting in aid of an inspector under this Act shall have and may exercise all or any of the powers conferred upon an inspector under this Act.

(6)Any requirement under this section may be made—

(a)verbally; or

(b)by written notice given to the person of whom the requirement is made.

(7)In this section—

information includes a document.

s 88 amd 1995 No. 6 s 2 sch; 2000 No. 5 s 461 sch 3; 2002 No. 43 s 112 sch 2; 2005 No. 12 s 88 sch; 2024 No. 10 s 52

88APrivilege against self incrimination

An individual is not required under this Act to answer a question, or give information, that might tend to incriminate the individual.

s 88A ins 1995 No. 6 s 2 sch

89Offences relating to inspectors

A person must not—

(a)assault, obstruct, hinder, threaten, abuse, insult or intimidate an inspector or person acting in aid of an inspector who is exercising powers or performing functions or duties under this Act or attempting so to do; or

(b)when required under this Act to make available or produce for inspection any gaming equipment, chips or records referred to in this division, fail without lawful excuse to make available or produce such gaming equipment, chips or records in accordance with such requirement; or

(c)when required under this Act to attend before an inspector, fail without lawful excuse to so attend in accordance with such requirement; or

(d)when required under this Act to answer any question or supply any information with respect to any gaming equipment, chips or records referred to in this division or with respect to any entry in any such records or with respect to the operation of a casino, give an answer or supply information that is false or misleading or, knowing or being in a position to know the answer or information required, fail to answer that question or supply that information; or

(e)retake any gaming equipment, chips or records seized, impounded or retained under the authority of this Act; or

(f)refuse or fail to destroy any gaming equipment or chips considered by an inspector to be unsatisfactory for use when ordered by the inspector so to do; or

(g)prevent, directly or indirectly, a person from attending before an inspector, producing to an inspector any gaming equipment, chips or records or answering any question of or supplying any information to an inspector when that person is required so to do under this Act.

Maximum penalty—160 penalty units.

s 89 amd 1995 No. 6 s 2 sch; 2002 No. 43 s 112 sch 2; 2005 No. 12 s 88 sch; 2022 No. 23 s 28; 2024 No. 10 s 53

90Bank may be required to furnish particulars

(1)The manager or other principal officer of a bank in which a casino licensee, a lessee under a casino lease or a casino operator under a casino management agreement keeps and maintains an account in relation to the operation of a hotel-casino complex or a casino shall, when so required in writing by an inspector, furnish to the inspector a statement of account and any other particulars required by the inspector to be so furnished, including copies of cheques or records relevant to the account; and no liability shall be incurred by the bank or the manager or other principal officer thereof in respect of any breach of trust or otherwise by reason only of the furnishing of any statement or particulars or copies pursuant to this section.

(2)An inspector may only make a written requirement under subsection (1) if the chief executive approved the inspector making the requirement.

s 90 amd 1995 No. 6 s 2 sch

pt 9 div 3 hdg ins 2022 No. 23 s 28A

90BApplication of division

(1)This division applies if—

(a)disciplinary action is taken against a casino entity under section 31; and

(b)as part of the disciplinary action the Governor in Council decides to appoint a special manager for the casino entity.

(2)To remove any doubt, it is declared that this division applies regardless of whether—

(a)the initiating incident for the disciplinary action occurred before or after the commencement of this division; or

(b)other disciplinary action was also taken against the casino entity.

(3)In this section—

initiating incident, in relation to disciplinary action, see section 31(24A).

s 90B ins 2022 No. 23 s 28A

90CAppointment of special manager

(1)The Governor in Council may appoint a suitably qualified person to be the special manager, other than a person who is an associate of the casino entity under section 30A(4).

(2)The special manager holds office on the terms and conditions decided by the Governor in Council.

(3)The special manager is appointed under this Act and not the Public Service Act 2008.

(4)The instrument of appointment for the special manager must state—

(a)the period for which the special manager is appointed; and

(b)the terms and conditions of the appointment; and

(c)any additional functions of the special manager under section 90D(2); and

(d)the investigations the special manager is to carry out; and

(e)any directions or instructions to the special manager relating to performance of the manager’s functions.

(5)The Governor in Council may, on the recommendation of the Minister, vary the special manager’s instrument of appointment by giving the manager written notice of the variation.

(6)If the casino licence relevant to the special manager’s appointment is cancelled or surrendered, the special manager’s appointment ends.

s 90C ins 2022 No. 23 s 28A

90DFunctions of special manager

(1)The special manager has the following functions—

(a)to monitor the affairs of the casino entity in relation to the management and operations of a hotel-casino complex;

(b)to consult on and advise in relation to the content and preparation of the casino entity’s remediation plan;

(c)to monitor the following matters—

(i)the suitability and efficacy of the casino entity’s remediation plan;

(ii)the implementation of the casino entity’s remediation plan;

(d)to report to the Minister and chief executive on the following matters—

(i)the suitability and efficacy of the casino entity’s remediation plan;

(ii)the implementation of the casino entity’s remediation plan;

(iii)the progress of the casino entity in fulfilling the entity’s remediation plan.

(2)The instrument of appointment of the special manager may include additional functions of the manager.

(3)In performing the special manager’s functions, the manager must comply with any directions and instructions stated in the manager’s instrument of appointment.

(4)In this section—

remediation plan means a plan for the remediation of the management and operations of a casino entity.

s 90D ins 2022 No. 23 s 28A

90EPowers of special manager

(1)The special manager has all the powers necessary to perform the special manager’s functions.

(2)Without limiting subsection (1), the special manager may—

(a)enter into and remain in any part of the hotel-casino complex, and any other premises occupied by the casino entity in connection with its casino operations for the purpose of performing functions or exercising powers under this division; and

(b)access all documents and records of the casino entity relating to the management and operations of a hotel-casino complex; and

(c)attend any meeting of the casino entity’s board, or a related entity’s board, or any committee or subcommittee of such boards if the meeting relates to the management and operations of a hotel-casino complex; and

(d)engage any person to provide advice or other services to the special manager in connection with the performance of the manager’s functions.

(3)The special manager may, by written notice given to the casino entity (an information requirement), require the entity to give the manager information the manager reasonably requires to perform the manager’s functions.

(4)The special manager may give a written direction to the casino entity requiring the entity take an action, or refrain from taking an action, stated in the direction (an administrative direction).

(5)However, the special manager may give the casino entity an administrative direction only if the manager—

(a)suspects there is or has been maladministration on the part of the entity; or

(b)believes the direction is in the best interests of the entity, having regard to the purpose of the appointment of the special manager; or

(c)believes the direction is necessary to ensure compliance with any statutory obligation applying to the entity.

(6)The casino entity must—

(a)comply with an information requirement given to it; and

(b)comply with an administrative direction given to it; and

(c)cooperate with the special manager in performing the manager’s functions.

Maximum penalty—160 penalty units.

(7)The casino entity is not excused from complying with an information requirement on the ground that the information is the subject of legal professional privilege.

(8)Information does not cease to be the subject of legal professional privilege only because it is given to the special manager in accordance with an information requirement.

(9)In this section—

related entity, of a casino entity, means an entity that is an associated entity for the casino entity under the Corporations Act, section 50AAA.

s 90E ins 2022 No. 23 s 28A

90FReports of special manager

(1)The special manager must report to the Minister and the chief executive on the performance of the manager’s functions—

(a)as requested by the Minister or chief executive; and

(b)as required in the manager’s instrument of appointment.

(2)The Minister or chief executive may disclose a report made under subsection (1), or anything in the report, only if the Minister or chief executive is satisfied it is in the public interest to make the disclosure.

(3)Reporting to the Minister or chief executive, or the disclosure of a report, under this section does not constitute a waiver of any privilege attaching to information contained in the report, including, for example, legal professional privilege.

s 90F ins 2022 No. 23 s 28A

90GCosts for special manager

(1)The casino entity is liable for all of the following costs and expenses—

(a)the reasonable costs and expenses relating to the appointment of the special manager;

(b)the reasonable costs and expenses relating to the performance of the special manager’s functions;

(c)the reasonable costs and expenses incurred by the chief executive in—

(i)administering the appointment of the special manager; or

(ii)assisting the special manager in the performance of the manager’s functions; or

(iii)engaging consultants in relation to the special manager; or

(iv)advising the Minister on the entity’s plan for the remediation of the management and operations of the entity;

(d)other reasonable costs and expenses prescribed by regulation.

(2)Without limiting subsection (1)(b), the reasonable costs and expenses relating to the performance of the special manager’s functions include—

(a)the remuneration and allowances of the manager; and

(b)the salary or remuneration costs associated with the staff of the manager; and

(c)the manager’s accommodation and other operating expenses.

(3)The casino entity may be required to pay to the State costs and expenses in advance of those costs and expenses being incurred by the special manager and chief executive.

(4)If the casino entity is required to pay costs and expenses in advance, the chief executive must give the entity—

(a)a written itemised account of the expected costs and expenses; and

(b)a written notice requiring the entity to pay to the State the expected costs and expenses within 28 days after the requirement is made.

(5)Subsection (6) applies if, after giving the casino entity a written notice under subsection (4), the chief executive reasonably believes there is a shortfall between—

(a)the amount of the expected costs and expenses itemised in the notice; and

(b)the actual costs and expenses for which the entity is liable under this section.

(6)The chief executive may require the casino entity to pay to the State the amount of the shortfall by giving the entity—

(a)a written explanation of the shortfall; and

(b)a written notice requiring the entity to pay to the State the amount of the shortfall within 28 days after the requirement is made.

(7)If a requirement is made of the casino entity under subsection (4) or (6), the casino entity must comply with the requirement.

(8)The amount of the costs and expenses the casino entity is liable for under this section is a debt payable by the entity to the State.

(9)In a proceeding to recover an amount of the costs and expenses the casino entity is liable for under this section, a written itemised account of the costs and expenses given to the entity is evidence of the costs.

(10)The chief executive may refund any amount the chief executive considers to have been overpaid by the casino entity under this section.

s 90G ins 2022 No. 23 s 28A

90HObstruction or interference with special manager

(1)A person must not obstruct the special manager in the performance of the special manager’s functions, unless the person has a reasonable excuse.

Maximum penalty—400 penalty units.

(2)In this section—

obstruct includes hinder, resist, attempt to obstruct and threaten to obstruct.

s 90H ins 2022 No. 23 s 28A

amd 2024 No. 10 s 55

90IRelationship with other provisions, Acts, agreements and laws

(1)This division applies despite anything to the contrary in—

(a)this Act; or

(b)an agreement Act; or

(c)a casino agreement; or

(d)a casino lease; or

(e)a casino management agreement.

(2)In performing a function or exercising a power under this division, the special manager is not required to consult with a casino entity or any other person about how the function is to be performed or whether the power should be exercised, including, for example, by giving a casino entity an opportunity to be heard before performing a function or exercising a power.

(3)The special manager is not civilly liable for an act done or omission made honestly and without negligence in performing a function under this division.

(4)The Public Service Act 2008, section 26C does not apply to the special manager.

s 90I ins 2022 No. 23 s 28A

pt 9 div 3A hdg ins 2024 No. 10 s 56

90JCasino operator to give access to electronic systems

(1)This section applies in relation to an electronic system used by a casino operator to—

(a)monitor or store information relating to player cards or player accounts; or

(b)monitor the conduct of gambling; or

(c)monitor the financial operations of the casino, including revenue, turnover and profits; or

(d)monitor the operation of gaming machines and other gaming equipment; or

(e)monitor the operation of junket agreements; or

(f)facilitate the calculation of taxes or levies payable under this Act.

(2)The casino operator must give the chief executive full access to the system in a way that allows the chief executive to access the information in the system—

(a)in real time or as close to real time as is practicable; and

(b)independently of the casino operator.

Maximum penalty—160 penalty units.

(3)To enable the chief executive to obtain access in the way mentioned in subsection (2), the chief executive may give the casino operator a written direction to do, or stop doing, a stated thing by a stated time.

(4)The casino operator must comply with a direction under subsection (3) unless the casino operator has a reasonable excuse.

Maximum penalty—100 penalty units.

(5)To remove any doubt, it is declared that information obtained because of access given by the casino operator under this section is admissible in evidence in a proceeding against the casino operator for an offence.

s 90J ins 2024 No. 10 s 56

pt 9 div 3B hdg ins 2024 No. 10 s 56

90KDefinition for division

In this division—

casino entity, for a casino licence, means an entity who is—

(a)the casino licensee; or

(b)a lessee under a casino lease for the casino; or

(c)a casino operator for the casino under a casino management agreement.

s 90K ins 2024 No. 10 s 56

90LConduct of reviews

(1)At any time, the chief executive may cause a review to be carried out under this division about a matter relating to a casino licence.

(2)The chief executive must cause full reviews for each casino licence to be carried out under this division at intervals of not more than 5 years.

(3)However, a regulation may postpone the time by which a full review for a casino licence must be carried out to a day not more than 7 years after the last full review was completed for the licence.

(4)A single review may relate to 2 or more casino licences.

(5)In this section—

full review means a review complying with section 90N.

s 90L ins 2024 No. 10 s 56

90M Appointment of reviewer

(1)The chief executive must appoint an appropriately qualified person to carry out a review.

(2)The instrument of appointment must include—

(a)the matters that the reviewer must inquire into; and

(b)the due day for completing the review and giving a report to the Minister and the chief executive.

(3)The reviewer is subject to the directions of the chief executive in relation to the conduct of the review, including any directions about the matters mentioned in subsection (2)(a) and (b).

s 90M ins 2024 No. 10 s 56

90NFull reviews

(1)For a full review required under section 90L, the matters that the reviewer is directed to inquire into under section 90M must include—

(a)the management and operation of the casino, including matters relating to corporate governance; and

(b)the suitability of each casino entity for the licence to be associated or connected with the management and operation of a hotel-casino complex or casino; and

(c)the compliance of each casino entity for the licence with—

(i)this Act; and

(ii)the agreement Act for the casino; and

(iii)the casino agreement for the casino; and

(d)whether it is in the public interest that the casino licence remain in force; and

(e)whether it is in the public interest that any casino management agreement or casino lease, for the casino or the hotel-casino complex, remain in force.

(2)An inquiry under subsection (1)(a) may include an inquiry about—

(a)the oversight of the casino’s operation, or influence on the casino’s operation, of the board of—

(i)a corporation that is a casino entity; or

(ii)a holding company of a corporation that is a casino entity; or

(b)the influence of a casino entity’s organisational culture on the risk management and governance of the casino’s operation; or

(c)a casino entity’s systems and procedures to assure the compliance mentioned in subsection (1)(c).

(3)An inquiry under subsection (1)(b) about the suitability of a casino operator must include an inquiry about the compliance of the casino operator and its employees and agents with any relevant code of conduct in effect under section 126A.

s 90N ins 2024 No. 10 s 56

90O Powers etc. of reviewer

(1)In the conduct of a review, the reviewer—

(a)has the ordinary commission powers; and

(b)also has the special commission powers if—

(i)the reviewer is a Supreme Court judge or an Australian lawyer of at least 7 years standing; and

(ii)the reviewer’s appointment states that the reviewer has the special commission powers.

(2)For the purpose of the conferral and exercise of the commission powers under subsection (1), the Commissions of Inquiry Act 1950 applies—

(a)as if a reference in that Act to a commission were a reference to a review; and

(b)as if a reference in that Act to a commissioner or chairperson were a reference to a reviewer; and

(c)with all necessary changes and any changes prescribed by regulation.

(3)If the reviewer is an inspector, the reviewer may exercise a power under part 9, division 2 for the purpose of the review.

(4)In this section—

commission powers means the powers, rights, privileges, protection and jurisdiction of a commission of inquiry under the Commissions of Inquiry Act 1950.

ordinary commission powers means the commission powers other than the special commission powers.

special commission powers means the commission powers given under the Commissions of Inquiry Act 1950 only to a commission whose chairperson is a judge of the Supreme Court.

s 90O ins 2024 No. 10 s 56

90PLegal professional privilege

(1)For the Commissions of Inquiry Act 1950, section 14(1)(b), it is not a reasonable excuse for a witness to refuse to produce a document or other thing because it contains information that is the subject of legal professional privilege.

(2)Without limiting the Commissions of Inquiry Act 1950, section 14(1A), a person attending before a reviewer is not entitled to do a thing mentioned in section 14(1A)(a) to (c) on the ground of legal professional privilege.

(3)Information does not cease to be the subject of legal professional privilege only because it is given to the reviewer under this division.

(4)A reference in this section to a provision of the Commissions of Inquiry Act 1950 is a reference to the provision as applied under section 90O of this Act.

s 90P ins 2024 No. 10 s 56

90QReview proceedings in public or private

A proceeding conducted by a reviewer may be held in public or in private.

s 90Q ins 2024 No. 10 s 56

90RCasino entities must pay costs of review

(1)The casino entities for the casino licence, or each of the casino licences, to which a review relates are liable for the costs of conducting the review.

(2)The chief executive may give a notice to a casino entity (a payment notice)—

(a)requiring payment of—

(i)the costs, or part of the costs, that have been incurred or are expected to be incurred in the conduct of a review; or

(ii)an instalment of costs mentioned in subparagraph (i); and

(b)stating the day, not earlier than 30 days after the notice is given, by which the amount must be paid.

(3)In deciding the proportion of the costs that each of the casino entities should be required to pay, the chief executive may have regard to the extent the costs were incurred in relation to the casino entity or casino licence.

(4)A payment notice may be given before, during or after a review is conducted.

(5)A casino entity must comply with a payment notice.

(6)An amount that a casino entity is required to pay under a payment notice is a debt payable by the casino entity to the State.

(7)If a casino entity pays an amount under this section for costs that are expected to be incurred, and the amount incurred is less than the amount paid, the chief executive must refund the excess amount to the casino entity.

s 90R ins 2024 No. 10 s 56

90SReview report

(1)The reviewer for a review must prepare a report on the review and give the report to the Minister and the chief executive.

(2)The chief executive may publish the report, or part of the report or a redacted version of the report, to the public if the chief executive considers it appropriate.

(3)The chief executive must withhold from publishing in the report anything the chief executive is satisfied—

(a)is information about an individual’s personal affairs; or

(b)is commercial in confidence; or

(c)is information the publication of which would be against the public interest.

s 90S ins 2024 No. 10 s 56

pt 9 div 4 hdg ins 2022 No. 23 s 28A

91AADirection to appoint external adviser

(1)The Minister may, by written notice given to any of the following entities (each a casino entity), direct the entity to engage a suitably qualified person as an external adviser by a stated date—

(a)a casino licensee;

(b)a lessee under a casino lease;

(c)a casino operator under a casino management agreement.

(2)The functions of an external adviser are to investigate and report to the Minister on any of the following matters as required by the Minister under the terms of the adviser’s appointment—

(a)a matter related to the operation of a casino;

(b)the conduct of a casino entity;

(c)the suitability of a casino entity to be associated or connected with the management and operations of a hotel-casino complex or casino;

(d)the suitability of a person, who the Minister believes is associated or connected with the ownership, administration or management of the operations or business of a casino entity, to be associated or connected with the management and operations of a hotel-casino complex or casino;

(e)another matter relating to a casino entity and the administration of this Act.

(3)The person engaged as an external adviser must be approved by the Minister for the engagement.

(4)The terms and conditions of an external adviser’s engagement must be approved by the Minister.

(5)A casino entity given a direction under subsection (1) is liable for all costs and expenses associated with engaging an external adviser and the adviser exercising the adviser’s functions.

(6)A casino entity given a direction under subsection (1) must comply with the direction.

Maximum penalty—160 penalty units.

(7)A casino entity must, if asked by the external adviser engaged by the entity, give the adviser all information the adviser reasonably requires to perform the adviser’s functions.

Maximum penalty—160 penalty units.

(8)A casino entity is not excused from complying with a request for information made under subsection (7) on the ground that the information is the subject of legal professional privilege.

(9)Information does not cease to be the subject of legal professional privilege only because it is given to an external adviser in accordance with a request made under subsection (7).

s 91AA ins 2022 No. 23 s 29

91ABPower to require verification of information

(1)This section applies if, under this Act, a person must give information or a document to the Minister, the chief executive or an inspector.

(2)The Minister, chief executive or inspector may—

(a)require the information be given on oath; or

(b)require the information or document to be verified by statutory declaration.

(3)When making a requirement under subsection (2), the Minister, chief executive or inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.

(4)For subsection (2)(a), the Minister, chief executive, inspector or other person appointed by the Minister may administer an oath.

(5)If a requirement is made of the person under subsection (2), the person must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty for subsection (5)—160 penalty units.

s 91AB ins 2022 No. 23 s 29

91ACRemediation plan

(1)The Minister may, by written notice given to a casino entity—

(a)direct the entity to prepare a plan for the remediation of the management and operations of the entity (a remediation plan); and

(b)require the remediation plan to provide for particular matters; and

(c)require the remediation plan to be submitted to the Minister for approval by a stated day.

(2)The Minister may approve the remediation plan being prepared and approved in stages.

(3)The Minister may approve a remediation plan for a casino entity only if satisfied that implementation of the plan is likely to achieve the remediation of the management and operations of the entity.

(4)If a casino entity has an approved remediation plan, the Minister may, by written notice given to the entity, direct the entity to amend the plan by the day and in the way stated in the notice.

(5)The Minister may approve an amended remediation plan for a casino entity only if satisfied that implementation of the amended plan is likely to achieve the remediation of the management and operations of the entity.

(6)If a casino operator has an approved remediation plan, the plan, including any amendment of the plan, is taken to form part of the operator’s approved control system.

(7)If there is any inconsistency between an approved remediation plan for a casino operator and an approved control system for the operator, the remediation plan prevails to the extent of the inconsistency.

(8)If given a direction under subsection (1) or (4), the casino entity must comply with the direction.

Maximum penalty—400 penalty units.

(9)If a casino entity has an approved remediation plan, the entity must not contravene the plan.

Maximum penalty—400 penalty units.

(10)A casino entity must not change the entity’s approved remediation plan other than under a direction or approval of the Minister.

Maximum penalty—400 penalty units.

(11)In this section—

casino entity means—

(a)a casino licensee; or

(b)the lessee under a casino lease; or

(c)the casino operator under a casino management agreement.

s 91AC ins 2022 No. 23 s 29

pt 9A hdg ins 2002 No. 43 s 19

amd 2004 No. 21 s 123 sch

sub 2009 No. 24 s 388

pt 9A div 1 hdg ins 2004 No. 21 s 123 sch

om 2009 No. 24 s 388

pt 9A div 2 hdg ins 2004 No. 21 s 9

om 2009 No. 24 s 388

pt 9A div 3 hdg ins 2004 No. 21 s 9

om 2009 No. 24 s 388

91AWho may apply for review

(1)A person who is or was an applicant for, or a holder of, a casino key employee licence or a casino employee licence may apply, as provided under the QCAT Act, to the tribunal for a review of the following decisions of the chief executive—

(a)a decision, under section 38(1), refusing to grant an application for the licence;

(b)a decision, under section 39, imposing a condition on the licence;

(c)a decision, under section 39C(1), changing a condition of the licence;

(d)a decision, under section 39E(3), refusing to grant an application to replace the licence;

(e)a decision, under section 45B, immediately suspending the licence;

(f)a decision, under section 45C, suspending or cancelling the licence;

(g)a decision, under section 45E, censuring the holder of the licence;

(h)a decision, under section 45F, directing the holder of the licence to rectify a matter.

(2)Also, a person may apply, as provided under the QCAT Act, to the tribunal for a review of the following decisions—

(a)a decision of a casino operator or a casino manager, under section 93A, to give the person an exclusion direction;

(b)a decision of a casino operator, under section 99, refusing to revoke an exclusion direction given to the person.

(3)Also, a person given an exclusion notice under section 92 prohibiting the person from entering or remaining in a casino may apply, within 3 months after the day the person receives the notice and as otherwise provided under the QCAT Act, to the tribunal for a review of the notice.

s 91A ins 2002 No. 43 s 19

amd 2004 No. 21 s 7

sub 2009 No. 24 s 388

amd 2024 No. 10 s 58

91BTribunal to decide review on evidence before the chief executive

(1)In a proceeding for a review of a decision of the chief executive by the tribunal, the tribunal must—

(a)hear and decide the review of the decision by way of a reconsideration of the evidence before the chief executive when the decision was made; and

(b)decide the review of the decision in accordance with the same law that applied to the making of the original decision.

(2)If the tribunal decides, under the QCAT Act, section 139, that a proceeding for a review of a decision should be reopened, the issues in the proceeding that are reheard, must be—

(a)heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and

(b)decided in accordance with the same law that applied to the making of the original decision.

(3)In this section—

original decision means the decision of the chief executive to which the proceeding for the review relates.

s 91B ins 2002 No. 43 s 19

sub 2009 No. 24 s 388

91CTribunal may give leave for review to be decided on new evidence in particular circumstances

(1)Despite section 91B, the tribunal may grant a party to a proceeding for a review of a decision of the chief executive (the decision) leave to present new evidence if the tribunal is satisfied—

(a)the party did not know, and could not reasonably be expected to have known, of the existence of the new evidence before the decision; and

(b)in the circumstances, it would be unfair not to allow the party to present the new evidence.

(2)If the tribunal gives leave under subsection (1), the tribunal must adjourn the proceedings for a stated reasonable time to allow the chief executive to reconsider the decision together with the new evidence and to allow for further submissions by affected persons.

(3)In this section—

new evidence means evidence that was not before the chief executive when the decision was made.

s 91C ins 2002 No. 43 s 19

sub 2009 No. 24 s 388

91DAppeals from tribunal only to Court of Appeal on a question of law

(1)This section applies to a decision of the tribunal (the tribunal decision) in a proceeding for a review of a decision or direction mentioned in section 91A.

(2)The QCAT Act, chapter 2, part 8, division 1 does not apply to the tribunal decision.

(3)A party to the proceeding may appeal to the Court of Appeal against the tribunal decision but only if the appeal is on a question of law.

(4)To remove any doubt, it is declared that the QCAT Act, section 149 does not apply to the tribunal decision.

Note—

See the QCAT Act, sections 151 to 153, 155 and 156 for other requirements and effects of an appeal to the Court of Appeal.

s 91D ins 2002 No. 43 s 19

sub 2009 No. 24 s 388

pt 10 div 1AA hdg ins 2024 No. 10 s 59

91EDuties of particular officers relating to lawful and appropriate operation of casino

(1)This section applies to an officer of—

(a)a corporation that is a casino operator; or

(b)a holding company of a corporation that is a casino operator.

(2)The officer must take reasonable steps to ensure there are appropriate controls and procedures in place to ensure—

(a)the casino operator operates the casino lawfully; and

(b)the lawfulness of the casino operator’s operation of the casino is regularly reviewed by an appropriate entity engaged by the casino operator; and

(c)for each review mentioned in paragraph (b), the casino operator appropriately responds to the conclusions of any report provided for the review; and

(d)the casino operator properly engages with employees in relation to matters that affect the provision of—

(i)a safer gambling environment; or

(ii)the integrity and reputation of casino operations; and

(e)the casino operator’s employees, agents and contractors are given the information, training, instruction and supervision they need to comply with this Act and other relevant laws in relation to the operation of the casino.

Maximum penalty—1,000 penalty units.

(3)The officer must take reasonable steps to—

(a)create and maintain a corporate culture that does not direct, encourage, tolerate or lead to any non-compliance by the casino operator with this Act or other laws applying to the operation of the casino; and

(b)acquire, and keep up to date, knowledge of matters relevant to the lawful operation of a casino; and

(c)gain an understanding of casino operations and the risks associated with those operations, including the risks of money laundering, terrorism financing and gambling harm.

Maximum penalty—1,000 penalty units.

(4)In deciding what are the reasonable steps the officer must take under subsection (2) or (3), a court must have regard to the nature of the officer’s office and the extent to which the officer is in a position to influence the operation of the casino.

(5)In this section—

officer, of a corporation, see the Corporations Act, section 9.

s 91E ins 2024 No. 10 s 59

pt 10 div 1 hdg ins 2002 No. 43 s 112 sch 2

pt 10 div 1 sdiv 1 hdg ins 2004 No. 21 s 10

91NSelf-exclusion notice

(1)A person may give to a casino operator a notice in the approved form (a self-exclusion notice) asking the casino operator to prohibit the person from entering or remaining in the casino.

(2)The notice must be accompanied by a recent photo of the person.

(3)If a casino operator operates more than 1 casino, a self-exclusion notice may relate to a stated casino or all casinos operated by the casino operator.

s 91N ins 2004 No. 21 s 10

91OSelf-exclusion order

(1)If a person gives a casino operator a self-exclusion notice under section 91N, the casino operator must as soon as practicable give to the person—

(a)a notice in the approved form (a self-exclusion order) prohibiting the person from entering or remaining in the casino; and

(b)details, including the name and address, of at least 1 entity that provides counselling services for persons experiencing harm from gambling.

Maximum penalty—50 penalty units.

(2)A self-exclusion order has effect for the period—

(a)starting when it is given to the person; and

(b)ending on the earlier of the following—

(i)when a revocation notice for the order takes effect under section 91P(3);

(ii)the day that is 5 years after the day the order is given to the person.

s 91O ins 2004 No. 21 s 10 (amd 2005 No. 12 s 20)

amd 2024 No. 10 s 60

91PRevoking self-exclusion order

(1)A person who is given a self-exclusion order may, by notice in the approved form (a revocation notice) given to the casino operator for the casino to which the order relates, revoke the order.

(2)However, the person may revoke the order only—

(a)within 24 hours after the person receives it; or

(b)after 1 year after the person receives it.

(3)A revocation notice takes effect—

(a)if the notice is given to the casino operator under subsection (2)(a)—when it is given to the operator; or

(b)otherwise—28 days after the day it is given to the operator.

s 91P ins 2004 No. 21 s 10 (amd 2005 No. 12 s 20)

pt 10 div 1 sdiv 2 hdg ins 2004 No. 21 s 123 sch

91Q Exclusion notices and directions

(1)This subdivision provides for a casino operator or casino manager to give a notice (an exclusion notice) to a person prohibiting the person from entering or remaining in the casino.

(2)This subdivision also provides for the giving of a direction under section 93A or 94.

(3)If a casino operator operates more than 1 casino, an exclusion notice, or a direction under section 93A or 94, may relate to a stated casino or all casinos in Queensland operated by the casino operator.

(4)The giving or revocation of an exclusion notice or direction applying to a person under a provision of this division does not prevent the giving or revocation, or affect the operation, of an exclusion notice or direction applying to the person under another provision of this division.

s 91Q ins 2024 No. 10 s 61

92Entry to and exclusion from casino—generally

(1)Save as is provided in this part, no person has a right against a casino operator to enter or remain in a casino, except by the licence of the casino operator.

(2)A casino operator or casino manager may give an exclusion notice to a person if the casino operator or manager believes on reasonable grounds—

(a)the person has engaged in dishonest acts in relation to gaming; or

(b)the person has acted in a way affecting, or potentially affecting—

(i)the proper conduct or integrity of gaming; or

(ii)the safety or wellbeing of the person or other persons in the casino; or

(c)the person has engaged in unlawful conduct and, because of the conduct, the person’s presence in the casino would not be in the interests of the casino operator or persons in the casino; or

(d)the safety of a dependant, or someone in the care, of the person, is at risk because of the person’s presence in the casino.

(3)The exclusion notice must be accompanied by an information notice for the decision to give the notice.

s 92 amd 1995 No. 6 s 2 sch; 1997 No. 57 s 20; 1999 No. 77 s 210 sch 2; 2002 No. 43 s 20; 2004 No. 21 s 11; 2024 No. 10 s 62

93AExclusion direction for person experiencing harm from gambling

(1)This section applies if a casino operator or a casino manager believes on reasonable grounds a person is experiencing, or at risk of experiencing, harm from gambling.

Note—

See section 99C.

(2)The casino operator or casino manager may give the person a direction in the approved form (an exclusion direction) prohibiting the person from entering or remaining in the casino.

(3)If a casino operator or a casino manager decides to give a person an exclusion direction, the direction must be accompanied by an information notice for the decision.

s 93A ins 2004 No. 21 s 12

amd 2024 No. 10 s 63

94Police commissioner may direct casino operator to exclude entry to person

(1)The police commissioner may give a written direction to a casino operator to exclude a stated person from the casino.

(2)The direction must include the following information to the extent the police commissioner has or can obtain it—

(a)the person’s name, address and date of birth;

(b)a photograph of the person.

(3)If it is practicable to do so, the police commissioner must give notice of the direction to the person.

(4)The casino operator must give the person an exclusion notice as follows—

(a)if the direction includes the person’s address, the casino operator must give an exclusion notice to the person as soon as it is practicable to do so;

(b)in any case, the casino operator must give an exclusion notice to the person immediately if the casino operator becomes aware the person has entered, or is trying to enter, a casino to which the direction applies.

Maximum penalty—250 penalty units.

Note—

See also the obligations applying to the casino operator under sections 100B and 100C after receiving a direction.

(5)The police commissioner may notify any of the following entities that a direction has been given to exclude a person—

(a)an authority responsible for administering gaming legislation of another State;

(b)an interstate police commissioner;

(c)the chief executive.

(6)A notification under subsection (5) may include the information mentioned in subsection (2)(a) and (b).

s 94 amd 2000 No. 51 s 9

sub 2024 No. 10 s 64

95 Exclusion of person subject to interstate exclusion

(1)This section applies if a casino operator becomes aware that a person is the subject of an interstate exclusion.

Note—

A casino operator may become aware of an interstate exclusion because of a notification from the police commissioner or in another way.

(2)The casino operator must give the person an exclusion notice, relating to all casinos in Queensland operated by the casino operator, as follows—

(a)if the casino operator can establish the person’s address, the casino operator must give an exclusion notice to the person as soon as it is practicable to do so;

(b)in any case, the casino operator must give an exclusion notice to the person immediately if the casino operator becomes aware the person has entered, or is trying to enter, a casino in Queensland operated by the casino operator.

Maximum penalty—250 penalty units.

(3)Subsection (2) does not apply if the person is already the subject of an exclusion notice, given under section 94 or this section, relating to all casinos in Queensland operated by the operator.

(4)Also, subsection (2) does not apply if the casino operator can not establish the person’s identity after making all reasonable enquiries.

(5)The casino operator must notify each other casino operator about the person—

(a)immediately after the casino operator becomes aware that the person is the subject of an interstate exclusion; or

(b)if the casino operator can not establish the person’s identity at that time, immediately after establishing the person’s identity.

Maximum penalty—60 penalty units.

(6)Within 14 days after becoming aware that the person is the subject of an interstate exclusion, the casino operator must notify the chief executive and the police commissioner—

(a)whether the casino operator has given the person an exclusion notice under this section; and

(b)if the casino operator has not given the person an exclusion notice because the casino operator can not establish the person’s identity—the enquiries the casino operator has made to establish the identity; and

(c)whether the casino operator has taken the steps that are ordinarily taken under the casino’s system of internal controls to ensure compliance with section 100B in relation to the person.

Maximum penalty—60 penalty units.

(7)A regulation may prescribe—

(a)other steps the casino operator must take after becoming aware that a person is the subject of an interstate exclusion; and

(b)steps the casino operator must take as part of making all reasonable enquiries under subsection (4).

(8)In this section—

interstate casino means a casino operated in another State.

interstate exclusion means an order, direction or notice (however described) that—

(a)is made or given by an interstate police commissioner; and

(b)excludes, or requires another entity to exclude, a person from an interstate casino or a place at an interstate casino.

s 95 prev s 95 amd 1995 No. 6 s 2 sch

om 2005 No. 12 s 7

pres s 95 ins 2024 No. 10 s 64

96Duration of exclusion notice or police commissioner direction

An exclusion notice, or a direction by the police commissioner under section 94, has effect until it is revoked.

s 96 amd 2004 No. 21 s 14 (amd 2005 No. 12 s 22); 2013 No. 25 s 21

sub 2024 No. 10 s 64

97Duration of exclusion direction

An exclusion direction has effect for the period—

(a)starting when it is given to the person concerned; and

(b)ending on the earlier of the following—

(i)if the decision to give the direction is set aside on a review of the decision by the tribunal—when the decision is set aside;

(ii)if a revocation notice for the direction takes effect under section 99(6)—when the notice takes effect;

(iii)if a decision, under section 99, refusing to revoke the direction is set aside on a review of the decision by the tribunal—when the decision is set aside;

(iv)the day that is 5 years after the day the direction is given to the person.

s 97 amd 1995 No. 6 s 2 sch; 2002 No. 43 ss 111–112 schs 1–2

sub 2004 No. 21 s 15

amd 2009 No. 24 s 390

pt 10 div 1 sdiv 2A hdg ins 2024 No. 10 s 65

97ARevocation of exclusion notice (general)

A casino operator may, by notice given to a person, revoke an exclusion notice given to the person under section 92.

s 97A ins 2024 No. 10 s 65

98Application to revoke exclusion direction

(1)A person who is prohibited from entering or remaining in a casino under an exclusion direction may apply to the casino operator for the casino to which the direction relates for revocation of the direction.

(2)The application may only be made at least 1 year after the day the person is given the direction.

(3)The application must be—

(a)in the approved form; and

(b)supported by enough information to enable the casino operator to decide the application.

(4)A person may apply under this section only once each year commencing on the anniversary of the day the person was given the direction.

s 98 sub 2004 No. 21 s 15

99Deciding application to revoke exclusion direction

(1)This section applies to an application under section 98 for revocation of an exclusion direction.

(2)The casino operator must consider the application and, within 28 days after receiving it, decide to revoke or refuse to revoke the direction.

(3)If the casino operator fails to decide the application within 28 days after its receipt, the failure is taken to be a decision by the operator to refuse to revoke the direction.

(4)In considering the application, the casino operator may have regard to the information supporting the application and any information the operator considers relevant, including, for example, a report of a psychologist.

(5)If the casino operator decides to revoke the direction, the operator must as soon as practicable give the applicant notice of the revocation in the approved form (a revocation notice).

(6)A revocation notice takes effect when it is given to the applicant.

(7)If the casino operator decides to refuse to revoke the direction, the operator must as soon as practicable give the applicant an information notice for the decision.

s 99 amd 1995 No. 6 s 2 sch; 2000 No. 51 s 10; 2003 No. 26 s 18 sch

sub 2004 No. 21 s 15 (amd 2005 No. 12 s 23 (1))

99ARevocation of direction and exclusion notice under s 94

(1)The police commissioner may, by notice given to a casino operator, revoke a direction relating to a person that was given to the casino operator under section 94(1).

(2)If the casino operator has given an exclusion notice to the person under section 94, the casino operator must, by notice given to the person, revoke the exclusion notice.

s 99A ins 2024 No. 10 s 66

99BRevocation of exclusion notice (interstate exclusion)

(1)This section applies in relation to an exclusion notice given to a person under section 95.

(2)The casino operator may, by notice given to the person, revoke the exclusion notice if—

(a)no interstate exclusion remains in effect for the person; and

(b)the casino operator has given at least 30 days written notice of the proposed revocation to the police commissioner.

(3)The casino operator may also, by notice given to the person, revoke the exclusion notice if authorised to do so by the police commissioner.

(4)The police commissioner may authorise revocation of the exclusion notice at any time if the police commissioner is satisfied it would be appropriate to do so.

(5)To remove any doubt, it is declared that the casino operator is not required to revoke the exclusion notice only because—

(a)no interstate exclusion remains in effect for the person; or

(b)the person is prohibited from entering or remaining in the casino under another exclusion notice given under this division.

s 99B ins 2024 No. 10 s 66

pt 10 div 1 sdiv 3 hdg ins 2004 No. 21 s 15

99CWho is a person experiencing harm from gambling

A reference in this division to a person experiencing harm from gambling is a reference to a person whose behaviour relating to gambling—

(a)is characterised by difficulties in limiting the amount of money or time the person spends on gambling; and

(b)is adversely affecting the person, other persons or the community.

s 99C ins 2024 No. 10 s 67

100Particular persons not to enter or remain in casino

(1)A person who is prohibited from entering or remaining in a casino under a self-exclusion order, exclusion notice or exclusion direction must not enter or remain in the casino.

Maximum penalty—

(a)for a self-exclusion order, exclusion notice given under section 92 or exclusion direction—40 penalty units; or

(b)for an exclusion notice given under section 94 or 95—80 penalty units.

(2)Subsection (1) does not apply to a person in relation to a period during which the person remains in a casino for the purpose of—

(a)helping an inspector in the performance of the inspector’s functions under this Act; or

(b)helping a police officer in the performance of the officer’s functions under a law.

s 100 amd 1995 No. 6 s 2 sch

sub 2004 No. 21 s 15; 2024 No. 10 s 68

100ACounselling

(1)This section applies if a court finds a person (the defendant) guilty of, or accepts a person’s plea of guilty for, an offence against section 100.

(2)The court may, if satisfied the defendant is experiencing, or at risk of experiencing, harm from gambling, postpone its decision on penalty on condition that the defendant agrees to attend counselling on a basis decided by the court.

Note—

See section 99C.

(3)The agreement—

(a)must provide for counselling of a kind that may, in the court’s opinion, be beneficial in helping to overcome harmful behaviour related to gambling; and

(b)must provide for counselling over a period, of not more than 12 months, fixed by the court; and

(c)must allow the counsellor a discretion to disclose to the court information about the defendant’s participation in the counselling if the counsellor believes the disclosure will help the court to exercise its powers and discretions in an appropriate way under this section; and

(d)must provide that the counsellor is to report to the court a failure by the defendant to attend counselling under the agreement.

(4)To decide whether the defendant is experiencing, or at risk of experiencing, harm from gambling and, if so, whether counselling of an appropriate kind is available, the court may have regard to any information the court considers relevant, including, for example, a report of a psychiatrist or a psychologist.

Note—

See section 99C.

(5)If the court postpones a decision on penalty under this section, the court must proceed to make a decision on penalty—

(a)as soon as practicable after the end of the period fixed for the counselling; or

(b)if, during the period fixed for the counselling, the defendant advises the court that he or she does not want to continue with the counselling—as soon as practicable after the court receives the advice; or

(c)if, during the period fixed for the counselling, the counsellor reports to the court that the defendant has failed to attend counselling under the agreement or to participate satisfactorily in the counselling—as soon as practicable after the court receives the report.

(6)In making its decision on penalty after a postponement under this section, the court—

(a)must consider whether and, if so, to what extent, the defendant has made a genuine attempt to overcome harmful behaviour related to gambling; and

(b)may, for considering the matters mentioned in paragraph (a), have regard to the report of a counsellor appointed to counsel the defendant under an agreement under this section.

s 100A ins 2004 No. 21 s 15

amd 2024 No. 10 s 69

100BObligation to prevent persons from entering or remaining in casino

(1)This section applies to a casino operator, or an employee or an agent of the casino operator, if the casino operator, employee or agent knows that—

(a)a person is prohibited from entering or remaining in the casino under—

(i)a self-exclusion order under section 91O; or

(ii)an exclusion notice under section 92, 94 or 95; or

(iii)an exclusion direction under section 93A; or

(b)the police commissioner has given a direction to the casino operator under section 94 to exclude the person from the casino; or

(c)the casino operator is required under section 95(2) to give an exclusion notice to the person.

(2)The casino operator, employee or agent must take reasonable steps to prevent the person from entering or remaining in the casino.

Maximum penalty—

(a)if the person is the subject of a direction under section 94 or an exclusion notice given under section 94 or 95—

(i)for a casino operator—400 penalty units; or

(ii)for another person—64 penalty units; or

(b)otherwise—

(i)for a casino operator—250 penalty units; or

(ii)for another person—40 penalty units.

(3)It is lawful for the casino operator, employee or agent to use necessary and reasonable force to prevent the person from entering or remaining in the casino.

(4)The force that may be used does not include force that is likely to cause bodily harm to the person.

(5)Subsection (2) must not be construed as requiring a casino operator, an employee or an agent to use reasonable force to prevent a person from entering or remaining in the casino.

(6)Subsections (2) and (3) do not apply to the casino operator, employee or agent, in relation to the person remaining in the casino, if the casino operator, employee or agent believes the person is remaining in the casino for the purpose of—

(a)helping an inspector in the performance of the inspector’s functions under this Act; or

(b)helping a police officer in the performance of the officer’s functions under a law.

(7)If a casino operator becomes aware that a person has entered a casino in contravention of an exclusion notice given under section 94 or 95, the casino operator must immediately notify the police commissioner.

Maximum penalty—200 penalty units.

(8)In this section—

bodily harm means any bodily injury that interferes with health or comfort.

s 100B ins 2004 No. 21 s 15

amd 2024 No. 10 s 70

100CRegister

(1)A casino operator must keep a register, in the approved form, of—

(a)persons who are prohibited from entering or remaining in the casino under—

(i)a self-exclusion order under section 91O; or

(ii)an exclusion notice under section 92, 94 or 95; or

(iii)an exclusion direction under section 93A; and

(b)persons in relation to whom the police commissioner has given a direction to the casino operator under section 94; and

(c)persons who the casino operator is aware are the subject of an interstate exclusion.

Maximum penalty—60 penalty units.

(2)The casino operator must keep the register available for inspection by an inspector.

s 100C ins 2004 No. 21 s 15

amd 2024 No. 10 s 71

100DReport about prohibition under order or direction

(1)A regulation may require a casino operator to give a report to the chief executive about the prohibition of persons from entering or remaining in the casino under a self-exclusion order or an exclusion direction.

(2)The report must be in the approved form.

(3)The regulation may prescribe the times, and the way in which, the report is to be given to the chief executive.

(4)The casino operator must comply with the regulation.

Maximum penalty—60 penalty units.

s 100D ins 2004 No. 21 s 15 (amd 2005 No. 12 s 23 (2))

amd 2024 No. 10 s 72

100DA Information sharing about exclusions

(1)This section applies if a casino operator (the first casino operator) does either of the following (each an exclusion action)—

(a)refuses to give, or withdraws, licence for a person to enter or remain in the casino;

Note—

See section 92(1).

(b)gives an exclusion notice to a person under section 92.

(2)The first casino operator must notify each other casino operator of the exclusion action under this section.

Maximum penalty—60 penalty units.

(3)The notification must include—

(a)the details, held by the first casino operator, that are needed to identify the person; and

(b)if the first casino operator has a photo of the person—the photo; and

(c)the reason the exclusion action was taken.

(4)A casino operator who receives the notification must—

(a)decide whether the casino operator should also take exclusion action; and

(b)record in a register—

(i)the notification received; and

(ii)the decision whether to also take exclusion action and, if so, the type of action taken and date it was taken; and

(iii)the reason for the decision; and

(iv)the date of the decision; and

(v)the name of the individual who made the decision on behalf of the casino operator.

Maximum penalty—60 penalty units.

(5)Subsection (2) does not apply in relation to exclusion action taken under subsection (4) in response to a notification received from another casino operator.

(6)A casino operator must keep the register mentioned in subsection (4)(b) available for inspection by an inspector.

s 100DA ins 2024 No. 10 s 73