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.

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.

4Definitions

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

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.

4BDeclaration for Commonwealth Act

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

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.

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.

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.

14AApproved evaluators

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

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

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.

16Approval of forms

The chief executive may approve forms under this Act.

17Commissioner of police servicePolice commissioner to notify changes in criminal history

(1)This section applies if—

(a)the chief executive gives the commissioner of the police servicecommissioner 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 commissioner of the police servicecommissioner 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.

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.

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.

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 commissioner of the police servicecommissioner 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.

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.

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.

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.

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.

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—40100 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.

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 commissioner of the police servicecommissioner 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.

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.

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—

agreement Act, for a casino licence, means the Act ratifying the agreement for the licence as mentioned in section 19(1).

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.

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.

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.

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 under section 30(1) 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.

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.

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.

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.

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—200400 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—200400 penalty units.

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.

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.

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—200400 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—200400 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.

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 commissioner of the police servicecommissioner 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.

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.

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.

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.

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.

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.

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.

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.

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.

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 commissioner of the police servicecommissioner 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.

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.

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.

(4)In this section—

spent conviction means a conviction—

(a)for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and

(b)that is not revived as prescribed by section 11 of that Act.

Editor’s note—

Criminal Law (Rehabilitation of Offenders) Act 1986, section 11 (Revival of convictions)

Editor’s note—

Section 44(4) was omitted by an uncommenced amendment, see 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.

45AConsideration of representations

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

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.

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.

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).

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.

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.

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.

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.

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—40100 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.

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.

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.

49Reference to employment

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

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.

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).

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.

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.

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.

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.

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—40125 penalty units.

(2)The operator must not use an account approved under subsection (1) for other purposes.

Maximum penalty—40125 penalty units.

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—40100 penalty units.

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—40100 penalty units.

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.

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—40100 penalty units.

(1A2)A report must be in the approved form.

(23)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.

(34)The casino operator must submit the information within the nominated period.

Maximum penalty—40100 penalty units.

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.

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.

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, unless the approval in writing ofwithout the Minister is first had and obtained’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—40400 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).

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.

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.

85BGroups of participants

A group of participants may consist of 1 person.

85CPromoter and participant

A promoter and a participant may be the one person.

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.

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.

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.

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.

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.

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.

85JResignation

An inspector may resign by signed notice given to the chief executive.

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.

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).

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 commissioner of the police servicecommissioner for a written report about the person’s criminal history.

(2)If asked by the chief executive, the commissioner of the police servicecommissioner must give the chief executive a written report about the criminal history of the person.

(3)The duty imposed on the commissioner of the police servicecommissioner applies only to information in the commissioner’s possession or to which the commissioner has access.

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—100200 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 1020 penalty units for each offence.

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.

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.

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)produce for the inspector’s inspection any such gaming equipment or chips or records; and

(ii)attend before the inspector at a time and place named and then and there to answer any questions or supply any information with respect to any gaming equipment or chips or any records referred to in this paragraph or any entry therein;

(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 attend before the inspector at a time and place named and then and there to answer any questions or supply any information with respect to the operation of a casino;—

(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 writing addressed to the person to or on whom it is made and delivered to the person personally or sent by post to the person’s address last known to the inspector.

(b)by written notice given to the person of whom the requirement is made.

(7)In this section—

information includes a document.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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—120400 penalty units.

(2)In this section—

obstruct includes hinder, resist, attempt to obstruct and threaten to obstruct.

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.

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).

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.

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.

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 receiving a direction in writing pursuant togiven 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 directionnotice and as otherwise provided under the QCAT Act, to the tribunal for a review of the directionnotice.

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.

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.

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.

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.

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 problem gamblerspersons 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.

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.

92Entry to and exclusion of entry 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 a written direction to a person prohibiting the person from entering or remaining in the casino.

(32)A direction under subsection (2)casino operator or casino manager may be givengive an exclusion notice to a person only 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.

(4)If a casino operator operates more than 1 casino, a direction may relate to a stated casino, or all casinos, operated by the operator.

93AExclusion direction for problem gamblerperson 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.

(1)This section applies if a casino operator or a casino manager believes on reasonable grounds a person is a problem gambler.

(2)The casino operator or casino manager may give the person a noticedirection in the approved form (an exclusion direction) prohibiting the person from entering or remaining in the casino.

(3)If a casino operator operates more than 1 casino, an exclusion direction may relate to a stated casino or all casinos operated by the casino operator.

(43)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.

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.

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 a problem gamblerexperiencing, 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 a problem gamblerexperiencing, 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.

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.

(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 person is prohibited from entering or remaining in the casino under—

(a)a self-exclusion order; or

(b)an exclusion direction; or

(c)a direction under section 92 or 94.

(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)for a casino operator—250 penalty units; or

(b)for another person—40 penalty units.

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.

(68)In this section—

bodily harm means any bodily injury that interferes with health or comfort.

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.

(1)A casino operator must keep a register, in the approved form, of persons who are prohibited from entering or remaining in the casino under—

(a)a self-exclusion order; or

(b)an exclusion direction; or

(c)a direction under section 92 or 94.

Maximum penalty—40 penalty units.

(2)The casino operator must keep the register available for inspection by an inspector.

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—4060 penalty units.

100EDistributing promotional or advertising material about a casino

A casino operator or casino manager, for a casino, must not distribute promotional or advertising material about the casino to persons who the operator or manager knows or ought reasonably to know are prohibited from entering or remaining in the casino under a self-exclusion order or exclusion direction.

Maximum penalty—4060 penalty units.

101Powers of inspectors etc. unaffected

Nothing contained in sections 92 to 100B operates to prevent any inspector or any other person from exercising any power conferred on the inspector or other person by this or any other Act or law to enter, or to do any other act in relation to, a casino.

102Provisions relating to minors in respect of casinos

(1)Persons under 18 yearsMinors shall not be, and shall not be permitted to be, in a casino during the hours of operation of the casino on any day.

(2)A person under 18 yearsminor who is found in a casino during the hours of operation of the casino on any day is guilty of an offence.

Maximum penalty—25 penalty units.

(3)Subsections (1) and (2) do not apply to a minor in relation to a period during which the minor is in a casino for an official assistance purpose.

(2A4)To remove any doubt, it is declared that if a minor gambles in a casino and—

(a)wins—no amount is payable to the minor or anyone else on the minor’s behalf; and

(b)loses—the wagers remain the property of the casino operator and are not recoverable by the minor or anyone else on the minor’s behalf.

(2B5)If a minor has gambled on a gaming machine and wins a jackpot, the casino operator must promptly notify an inspector about the gaming and, with the inspector’s approval, return the amount of the jackpot to the jackpot pool for the machine as soon as is practicable.

(36)A casino operator or employee or agent of a casino operator employed in or acting in connection with the casino—

(a)must not allow or suffer any person under 18 yearsminor to enter or remain in the casino at any time during the hours of operation of the casino on any day; and

(b)must remove or cause to be removed from the casino any person under 18 yearsminor who is found in the casino during the hours of operation of the casino on any day.

Maximum penalty—

(a)for a casino operator—100150 penalty units; or

(b)for an employee or agent of a casino operator—40 penalty units.

(7)Subsection (6) does not apply to a casino operator, employee or agent in relation to a period during which the casino operator, employee or agent believes the minor is remaining in the casino for an official assistance purpose.

(3A8)An adult must not aid or enable a person under 18 yearsminor to enter or remain in a casino during the hours of operation of the casino.

Maximum penalty—2040 penalty units.

(9)Subsection (8) does not apply to an adult in relation to a period during which the adult believes the minor is remaining in the casino for an official assistance purpose.

(3B10)A casino operator or an employee or agent of a casino operator employed in or acting in connection with the casino must not allow a person under 18 yearsminor to gamble or attempt to gamble in the casino.

Maximum penalty—

(a)for a casino operator—200250 penalty units; or

(b)for an employee or agent of a casino operator—40 penalty units.

(3C11)A casino operator or an employee or agent of a casino operator employed in or acting in connection with the casino who finds a person under 18 yearsminor gambling or attempting to gamble in the casino must immediately prevent the personminor from gambling or attempting to gamble.

Maximum penalty—

(a)for a casino operator—200250 penalty units; or

(b)for an employee or agent of a casino operator—40 penalty units.

(3D12)Subsection (3E) applies for the purpose of prosecuting a casino operator or an employee or agent of a casino operator for—

(a)allowing a person under 18 yearsminor to attempt to gamble in a casino; or

(b)if the operator, employee or agent finds a person under 18 yearsminor attempting to gamble in a casino—not immediately preventing the personminor from attempting to gamble.

(3E13)For deciding whether a person under 18 yearsminor attempted to gamble in a casino, the Criminal Code, section 4, applies as if gambling by a person under 18 yearsminor in a casino were an offence committed by the personminor against this Act.

(14)If a casino operator or employee or agent of a casino operator employed in or acting in connection with the casino suspects that any person attempting to enter or who is in the casino may be under 18 yearsa minor, the operator, employee or agent may request that person to furnish the operator, employee or agent with a certificate in the approved form signed by that person, specifying the true age of that person.

(4A15)A person is guilty of an offence if the person, on being asked to give acceptable evidence of age—

(a)does not give acceptable evidence and further attempts to enter the casino; or

(b)does not give acceptable evidence and does not immediately leave the casino voluntarily; or

(c)gives acceptable evidence of age that is false or misleading in a material particular.

Maximum penalty—2025 penalty units.

(16)Subsection (15)(b) does not apply to a person in a casino for an official assistance purpose.

(517)It is a defence in any proceedings for an offence under subsection (3)subsection (6), (3A)(8), (3B)(10) or (3C)(11) to establish—

(a)that the defendant believed, on reasonable grounds, that the person in question was 18 years or more; or

(b)that at the time of the offence, the defendant had obtained from the person in question a certificate mentioned in subsection (4)subsection (14), or acceptable evidence of age, indicating that the person was 18 years or more.

(618)In this section—

acceptable evidence of age means a document that is acceptable evidence of age under the Liquor Act 1992.

official assistance purpose means a 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.

102AMinors employed by casino operator

(1)Section 102 does not apply to a minor employed by the casino operator for a purpose, and in circumstances, approved by the chief executive.

(2)The chief executive may approve of a minor being in a casino as part of a training or work experience arrangement if the chief executive believes that it is part of the minor’s duties to be in the casino.

Example—

If an electrician is employed by a casino operator to repair its gaming equipment, the electrician’s minor apprentice may be approved by the chief executive to be in the casino on conditions, including, for example, only when the apprentice is with the electrician while the electrician or apprentice is repairing a machine.

102BMinors on heritage tour of a hotel-casino complex

(1)Section 102 does not apply to minors taking part in a guided heritage tour of a hotel-casino complex under an arrangement approved by the chief executive.

(2)The chief executive may approve an arrangement for guided heritage tours of a hotel-casino complex only if the tours do not involve areas of the complex where gaming is taking place when a minor is taking part in the tour.

103Cheating

Any person who in a casino—

(a)by any fraudulent trick, device, sleight of hand or representation; or

(b)by any fraudulent act, practice or scheme; or

(c)by the fraudulent use of any machine, equipment or other thing; or

(d)by the fraudulent use of any instrument or article of a type normally used in connection with gaming or appearing to be of a type normally used in connection with gaming;

obtains for himself or herself or another person or induces any person to deliver, give or credit to the person or another person any money, chips, benefit, advantage, valuable consideration or security (a relevant benefit) is guilty of an offence.

Example of a fraudulent act—

a person who, knowing chips are not the person’s chips, claims them or takes possession of them

Maximum penalty—

(a)if the relevant benefit obtained or induced is not more than $50,000 in value—200 penalty units or 2 years imprisonment; or

(b)if the relevant benefit obtained or induced is more than $50,000 in value—500 penalty units or 5 years imprisonment.

104Unlawful use of certain equipment etc.

Any person who in a casino uses or has in the person’s possession—

(a)any chips that the person knows are bogus or counterfeit chips; or

(b)any cards, dice or coins that the person knows have been marked, loaded or tampered with; or

(c)for the purpose of cheating or stealing, any equipment, device or thing that permits or facilitates cheating or stealing;

is guilty of an offence.

Maximum penalty—200 penalty units or 2 years imprisonment.

107Offences relating to revenue

Any person who wilfully—

(a)evades the payment of any fee, tax or levy payable by the person under the provisions of this Act; or

(b)furnishes to the chief executive or an inspector any return in respect of any fee, tax or levy payable under the provisions of this Act that is false in any material particular; or

(c)makes any false statement or report to the chief executive or an inspector in respect of any fee, tax or levy payable under the provisions of this Act;

is guilty of an offence.

Maximum penalty—200400 penalty units or 2 years imprisonment.

108Offences relating to unauthorised games

(1)A person shall not conduct in a casino any game unless the game is permitted to be conducted in a casino pursuant to section 63.

Maximum penalty—100400 penalty units or 1 year’s imprisonment.

Note—

If a body corporate commits an offence against this provision, an executive officer of the body corporate may be taken, under section 123, to have also committed the offence.

(2)Subsection (1) does not apply if the person is the casino operator for the casino and the game is—

(a)a machine game; or

(b)an agency related keno game.

109Offences relating to cheating by casino operator etc.

Any casino operator or employee or agent of a casino operator who in a casino conducts any game in such a manner as to win or attempt to win from any person to himself, herself or any other person any money, chips or other valuable thing by any fraud, unlawful device or ill-practice is guilty of an offence.

Maximum penalty—200500 penalty units or 2 years imprisonment.

110Forgery and like offences

A person who—

(a)forges or counterfeits any chip purchase voucher, licence, identification card or other form of identification authorised to be issued under this Act; or

(b)knowingly utters any such chip purchase voucher, licence, identification card or other form of identification so forged or counterfeited; or

(c)personates any person named in any such licence, identification card or other form of identification; or

(d)falsely represents himself or herself to be an inspector, or an officer of the department involved with the administration of this Act; or

(e)connives at any such forging, counterfeiting, uttering, personating or representing as aforesaid; or

(f)knowingly makes a false statement in any application made under this Act;

is guilty of an offence.

Maximum penalty—100400 penalty units or 1 year’s2 years imprisonment.

110AOffence about keeping particular benefit

(1)This section applies to a person who knows he or she has obtained a benefit—

(a)by playing a game in a casino in contravention of the rules made under section 63(1)of the game; or

(b)because of an error or oversight in the conduct of a game.

(2)The person must not dishonestly keep the benefit.

Maximum penalty—200 penalty units.

(3)Subsection (2) applies even if the benefit was originally obtained by the person without any dishonest intent.

(4)In this section—

benefit includes money, chips, advantage, valuable consideration and security.

111Bribery of officers

(1)An officer of the department who corruptly asks for, receives or obtains or agrees to receive or obtain any money, property or benefit of any kind for the officer or any other person—

(a)to forego or neglect the officer’s duty or influence the officer in the performance of the officer’s duty under this Act; or

(b)on account of anything already done or omitted to be done or to be afterwards done or omitted to be done by the officer in the discharge of the officer’s duty under this Act; or

(c)to use or take advantage of the officer’s office improperly to gain a benefit or advantage for or facilitate the commission of an offence under this Act by another person;

is guilty of an offence.

Maximum penalty—200 penalty units or 2 years imprisonment.

(2)Any person who corruptly gives, confers or procures or promises or offers to give or confer or procure or to attempt to procure to, on or for an officer of the department involved with the administration of this Act or any other person any money, property or benefit of any kind—

(a)for the officer to forego or neglect the officer’s duty or to influence the officer in the performance of the officer’s duty under this Act; or

(b)on account of anything already done or omitted to be done by the officer in the discharge of the officer’s duty under this Act; or

(c)for the officer to use or take advantage of the officer’s office improperly to gain a benefit or advantage for or facilitate the commission of an offence under this Act by such first mentioned person or any other person;

is guilty of an offence.

Maximum penalty—200 penalty units or 2 years imprisonment.

112Certain officers of the department not to gamble etc.

(1)If the chief executive of the department directs, an officer of the department (the directed officer) must not gamble in a casino except to the extent necessary for the officer to perform the officer’s duties as an officer of the department.

Maximum penalty—40 penalty units.

(1A)A directed officer must not—

(a)accept or solicit employment from a licensee under this Act; or

(b)be an employee, in any capacity, of a licensee under this Act; or

(c)knowingly have, directly or indirectly, a business or financial association with, or a business or financial interest in something together with, a licensee under this Act.

Maximum penalty—40 penalty units.

(1B)A person who was a directed officer must not, for 1 year after the person ceases to be a directed officer, without the chief executive’s approval—

(a)accept or solicit employment from a licensee under this Act; or

(b)be an employee, in any capacity, of a licensee under this Act; or

(c)knowingly have, directly or indirectly, a business or financial association with, or a business or financial interest in something together with, a licensee under this Act.

Maximum penalty—40 penalty units.

(2)A licensee under this Act must not—

(a)employ in any capacity or have as an employee a person who is a directed officer; or

(b)without the approval of the chief executive, employ in any capacity or have as an employee or business or financial associate a person who was a directed officer within a period of 1 year after that person ceased to be a directed officer.

Maximum penalty—40 penalty units.

(3)A directed officer who knowingly has, directly or indirectly—

(a)any business or financial association with; or

(b)any business or financial interest in any matter in conjunction with;

a person who becomes an applicant for a licence under this Act shall, immediately upon becoming aware that such person has become an applicant—

(c)notify the chief executive of such association or interest; and

(d)if directed by the chief executive, terminate the association or relinquish the interest within a time specified by the chief executive.

Maximum penalty—40 penalty units.

(4)In this section—

licensee under this Act includes a lessee under a casino lease and a casino operator under a casino management agreement.

113Entry to casino by police officers

(1)A part of a casino to which the public has access is, while the public has access to it, a public place for the purpose of any law conferring powers on a police officer.

(3)A police officer may, on being authorised so to do by an inspector on duty at a casino, enter any other area of the casino in the discharge of the police officer’s duty, provided that this provision does not limit or prejudice the exercise by a police officer of any other power the police officer has pursuant to law to enter a casino or any part of it.

(4)When an inspector gives an authorisation to a police officer in accordance with subsection (3), the police officer shall, where practicable, give notice of the authorisation to the person who is for the time being in charge of the operation of the casino.

114No compensation payable for regulatory action

(1)No compensation is payable by or on behalf of the State because of regulatory action that has an effect on—

(a)an entity that is or was concerned in, or otherwise connected to, the administration, management, operation or ownership of a hotel-casino complex or casino, including, for example—

(i)a casino entity; or

(ii)an associate of a casino entity under section 30A(4); or

(iii)an entity associated with financing a casino entity or casino operations; or

(iv)an employee of an entity mentioned in subparagraphs (i) to (iii); or

(b)the revenue earned from casino operations.

(2)This section applies despite—

(a)any other provision of this Act; or

(b)another Act or law, including, for example, an agreement Act; or

(c)any other instrument, including an agreement to which the State and a casino entity are parties.

(3)In this section—

agreement Act means any of the following Acts—

(a)Breakwater Island Casino Agreement Act 1984;

(b)Brisbane Casino Agreement Act 1992;

(c)Cairns Casino Agreement Act 1993;

(d)Jupiters Casino Agreement Act 1983;

(e)Queen’s Wharf Brisbane Act 2016.

casino agreement means an agreement—

(a)set out in an agreement Act; or

(b)made under an agreement Act; or

(c)ratified under an agreement Act.

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; or

(d)an entity proposed to be an entity mentioned in paragraphs (a) to (c).

compensation includes—

(a)damages; and

(b)another form of monetary compensation; and

(c)any other amount, whether described as compensation or not, payable under an instrument, including an agreement to which the State and a casino entity are parties; and

(d)liability to make payments under an instrument on occurrence of events specified in the instrument, including an agreement to which the State and a casino entity are parties.

regulatory action includes—

(a)an amendment of this Act, an agreement Act, a casino agreement or any other law that provides for or regulates the management or operations of a casino; and

(b)the making of a regulation under this Act; and

(c)the appointment of an administrator under section 31 or a special manager under part 9, division 3; and

(d)an action taken, or failure to take an action, by a special manager; and

(e)the exercise of functions or powers under this Act, an agreement Act, a casino agreement or any other law that provides for or regulates the management or operations of a casino, including the exercise of regulatory or supervisory powers under instruments approved or created under this Act.

116Source of information or reports

A prosecutor for the prosecution or a witness on behalf of the prosecution in a proceeding under this Act shall not be compelled—

(a)to disclose the fact that the prosecutor or witness received information or the nature of such information or the name of a person who gave such information; or

(b)where the prosecutor or witness is a police officer or an officer of the department—to produce a report or document made or received by the prosecutor or witness in his or her official capacity or containing confidential information or to make a statement in relation thereto.

117Effect of casino licence

(1)The operation of a casino pursuant to a casino licence, in accordance with this Act and any other applicable Act and the agreement as referred to in section 19 relating to the particular licence does not, in itself, constitute a public or private nuisance.

(2)Subject to subsection (3), nothing contained in section 18 operates to validate or render enforceable a contract related to gambling that would, apart from that section, be invalid or unenforceable.

(3)A contract to which subsection (2) refers and to which the casino operator is a party is enforceable against the casino operator.

120Proceedings for offences

(1)Subject to subsections (3), (4) and (5), offences against this Act may be prosecuted in a summary way under the Justices Act 1886.

(2)A prosecution for an offence against this Act may be commenced within 1 year from the time when the matter of complaint arose or within 6 months after the matter of complaint comes to the knowledge of the complainant, whichever is the period later to expire.

(3)Offences against sections 103, 109, 110 and 111 may be prosecuted in a summary way under the Justices Act 1886 or upon indictment.

(3A)A person against whom proceedings are taken summarily under this section for an offence against section 103 to which paragraph (b) of the penalty for that section would otherwise apply is liable on conviction to a penalty of not more than 300 penalty units or 3 years imprisonment.

(4)Where proceedings for an offence against section 103, 109, 110 or 111 are taken with a view to summary conviction of the defendant, the court, if it forms the opinion that the matter should not be determined summarily or if the defendant requires that the matter be dealt with upon indictment, shall abstain from determining the matter summarily and shall instead deal with the proceedings as proceedings with a view to the committal of the defendant for trial or sentence, as the case may be, and may exercise in respect of the defendant for the purpose of such proceedings all the powers conferred on it by law as though the proceedings were proceedings with a view to committal in the first instance.

(5)Where the court abstains from determining a matter summarily pursuant to subsection (4), a plea of the defendant, if taken at the outset of the summary proceedings, shall be disregarded and, before committing the defendant for trial or for sentence, it shall address the defendant in accordance with the provisions of the Justices Act 1886, section 104.

(6)A conviction upon indictment for an offence against section 103, 109, 110 or 111 shall be and have effect in law as a conviction for an indictable offence.

122Attempt to commit offence

(1)A person shall not attempt to commit an offence against this Act.

(2)A person convicted of the offence of attempting to commit an offence against this Act is liable to the same penalty as an offender convicted of the offence itself unless the person proves that the person desisted of the person’s own motion from the further prosecution of the person’s intention without its fulfilment being prevented by circumstances independent of the person’s will, in which case the person is liable to one-half of the penalty to which the person would otherwise be liable.

(3)The Criminal Code, section 4 applies with respect to an attempt to commit an offence against this Act.

(4)A person may be convicted of attempting to commit an offence upon a complaint charging the person with that offence.

123Executive officer may be taken to have committed offence against s 108(1)

(1)If a body corporate commits an offence against section 108(1), each executive officer of the body corporate is taken to have also committed the offence if—

(a)the officer authorised or permitted the body corporate’s conduct constituting the offence; or

(b)the officer was, directly or indirectly, knowingly concerned in the body corporate’s conduct.

(2)The executive officer may be proceeded against for, and convicted of, the offence against section 108(1) whether or not the body corporate has been proceeded against for, or convicted of, the offence.

(3)This section does not affect either of the following—

(a)the liability of the body corporate for the offence against section 108(1);

(b)the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the body corporate, for the offence against section 108(1).

(4)In this section—

executive officer, of a body corporate, means a person who is concerned with, or takes part in, the body corporate’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

124Forfeiture

(1)On the conviction of a person for an offence against this Act the court may order that any gaming equipment, chips, books, accounts, records or documents detained under section 88(2) and relating to or connected with the commission of the offence be forfeited to the State.

(2)Where a person charged before a court for an offence against this Act is not convicted of any offence, the court may order to be forfeited to the State any bogus or counterfeit chips, any marked, loaded or tampered with cards, dice or coins and any device or thing that permits or facilitates cheating or stealing that were found in the possession or under the control of that person.

(3)Anything forfeited to the State pursuant to this section shall be dealt with or disposed of in such manner as the Minister directs.

(4)A forfeiture, dealing with or disposal of anything under this section does not confer upon any person a right to compensation.

125Service of notices, documents etc.

(1)Save where any other provision of this Act otherwise provides, any direction, order, requisition or notice in writing or any other document or writing (a document) required or authorised by this Act to be given to or served upon any person shall be taken to have been duly given or served if—

(a)it is served personally on the person to whom it is directed or on a person authorised by that person, either generally or in a particular case, to accept service of documents on the person’s behalf; or

(b)it is left at the place of residence or business of the person to whom it is directed last known to the person who gives or serves it; or

(c)it is sent by post to the place of residence or business of the person to whom it is directed last known to the person who gives or serves it; or

(d)where a manner of service is prescribed by any other Act or law in relation to a person or class of person—it is served in the manner so prescribed.

(2)Where any document is given or served, the person who gives or serves it may attend before a justice and depose on oath and in writing endorsed on a copy of the document to the manner of service thereof showing therein the date of personal service, leaving, posting or service in other manner prescribed as aforesaid, as the case may be, of such document.

(3)Every such deposition shall upon production in court be evidence of the matters contained therein and shall be sufficient proof of the giving or service of such document to or on the person to whom it is directed.

126Evidentiary provisions

In proceedings under this Act—

(a)it shall not be necessary to prove the appointment of the Minister, the commissioner of the police servicecommissioner, any police officer, the chief executive, any inspector or any officer of the department; and

(b)a signature purporting to be that of any person in any capacity referred to in paragraph (a) shall be taken to be the signature it purports to be until the contrary is proved; and

(c)a document or writing purporting to be a copy of any direction, notice, requirement, order or requisition given or made under this Act or of any licence (including any provisional licence) granted or issued under this Act shall be evidence of the direction, notice, requirement, order, requisition or licence of which it purports to be a copy and, in the absence of evidence to the contrary, shall be conclusive such evidence; and

(d)a document or writing purporting to be made by an inspector and to be a copy of or an extract from a register mentioned in section 100C shall be evidence of the particulars in the register of which it purports to be a copy or extract and, in the absence of evidence to the contrary, shall be conclusive such evidence; and

(e)a certificate purporting to be signed by the chief executive certifying that at a specified time or during a specified period there was or was not in force under this Act a licence of a specified kind shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the certificate; and

(f)the authority of a person to accept service of documents on behalf of another shall be presumed in the absence of evidence to the contrary; and

(g)the averment that any person is of a specified age or is under or over a specified age shall be sufficient evidence of the fact until the contrary is proved.

127Regulation-making power

(1)The Governor in Council may make regulations under this Act.

(2)A regulation may be about the following—

(a)the types of work a casino key employee or casino employee may be licensed to perform and the compilation of lists in relation to the work;

(b)the casino tax mentioned in section 51;

(c)gaming machines and machine games;

(d)fees;

(e)tournaments for games;

(f)the naming of a game or wager;

(g)the permissible minimum and maximum wagers for a game;

(h)the maximum denomination of currency that may be inserted in a note acceptor in a casino;

(i)procedures for claims by casino patrons relating to gaming transactions;

(j)requirements relating to junket agreements;

(k)training requirements for casino key employees and casino employees.

(3)A regulation may impose a penalty of no more than 20 penalty units for contravention of a regulation.

128Existing regulations

A regulation in force under this Act immediately before the commencement of this section continues to have effect, after the commencement, as if it had been made under this Act, as in force immediately after the commencement.

129Overpayments of casino tax

(1)This section applies if the amount paid by a person as casino tax for a month before the enactment of the Casino Control Amendment Act 1996 is more than the amount payable, after the commencement of that Act, for the month.

(2)The Minister may, in relation to the amount of the difference (the overpaid amount) between the amounts mentioned in subsection (1), either—

(a)pay to the person an amount equal to the overpaid amount; or

(b)for amounts of casino tax payable by the person after the enactment of the Casino Control Amendment Act 1996, credit the person with an amount equal to the overpaid amount.

130Definition for div 3

In this division—

commencement means the commencement of the provision in which the term is used.

131Unredeemed keno dollars

(1)This section applies to keno dollars that would have been capable of being used or redeemed under this Act before 23 June 1997 at a casino.

(2)The keno dollars may be redeemed for cash with the casino operator only within 1 year after the commencement.

(3)The casino operator must pay unredeemed keno dollars by cheque to the chief executive as soon as practicable after the keno dollars become unredeemed keno dollars.

(4)In this section—

unredeemed keno dollars means keno dollars that are not redeemed for cash within 1 year after the commencement.

132Dealing with existing applications

(1)This section applies to an application for a casino key employee licence or a casino employee licence made under section 35(1) and not decided before the commencement.

(2)The application must be decided under this Act as in force immediately after the commencement.

133Appeals

(1)Subsection (2) applies if—

(a)immediately before the commencement a person could have appealed against a direction, under section 92, of a casino operator or a casino manager; and

(b)the person has not appealed before the commencement.

(2)Despite section 93(1), the person may appeal, and the Minister may hear and decide the appeal under this Act.

134Definitions for div 4

In this division—

commencement means the day this division commences.

pre-amended Act means this Act as in force before the commencement of the Gambling Legislation Amendment Act 2004, part 2.

137Direction to rectify under pre-amended Act

(1)Subsection (2) applies to a direction to rectify a matter given to a casino key employee or a casino employee under the pre-amended Act, section 44E, if—

(a)the chief executive gave the direction to the employee after considering, under the pre-amended Act, the accepted representations for a show cause notice; and

(b)before the commencement—

(i)the period for rectifying the matter under that Act has not ended; or

(ii)the period for rectifying the matter under that Act has ended and action has not been taken under section 44F of that Act in relation to a failure to comply with the direction.

(2)A failure to comply with the direction may be dealt with under the pre-amended Act as if the Gambling Legislation Amendment Act 2004, part 2, had not commenced.

(3)Subsection (4) applies to a direction to rectify a matter given to a casino key employee or a casino employee under the pre-amended Act, section 44E, if—

(a)the chief executive gave the direction to the employee without a show cause notice; and

(b)before the commencement—

(i)the period for rectifying the matter under that Act has not ended; or

(ii)the period for rectifying the matter under that Act has ended and action has not been taken under that Act in relation to a failure to comply with the direction.

(4)A failure to comply with the direction is taken to be a contravention of a provision of this Act, other than a provision a contravention of which is an offence against this Act.

139Directions given under particular provision

(1)This section applies to a direction given under section 92(2) that—

(a)is in force immediately before the commencement; and

(b)was given to a person in relation to a ground stated in the pre-amended Act, section 92(3)(b)(ii).

(2)Despite section 96(1), the direction remains in force for 5 years after the commencement unless it is earlier revoked under that subsection.

140Definitions for div 5

In this division—

commencement means the day the provision in which the term is used commences.

post-amended Act means this Act as in force immediately after the commencement.

141Control systems

(1)This section applies to a system of internal controls and administrative and accounting procedures for a casino that was, immediately before the commencement, the system of controls and procedures for the operation of the casino approved by the chief executive under section 75 of this Act as in force before the commencement.

(2)The system of internal controls and administrative and accounting procedures is taken to be the approved control system for the casino.

142Inspectors

A person who was an inspector immediately before the commencement is taken to be an inspector appointed under the post-amended Act, section 85E.

143Audit program for inspectors

The audit program for an inspector under this Act immediately before the commencement is taken to be the approved audit program under the post-amended Act, section 85L.

144Approved security devices—s 62AA

(1)This section applies to a lock mentioned in section 62 and in use under section 62 as in force immediately before the commencement of this section.

(2)On the commencement, the lock is taken to be an approved security device for section 62.

145Definitions for div 7

In this division—

amending Act means the Fuel Subsidy Repeal and Revenue and Other Legislation Amendment Act 2009.

commencement means commencement of this section.

previous, for a provision of this Act, means the provision as in force before the commencement.

146Casino community benefit levy

Despite the amendment of previous section 52 by the amending Act, a casino community benefit levy is payable in relation to a casino licence on or before 7 July 2009 under previous section 52 in relation to the total of the casino gross revenue and premium junket revenue for the casino for June 2009.

147Payment into community investment fund

Despite section 51A(1), an amount is not payable into the community investment fund established under the Gaming Machine Act 1991, section 314(1) in relation to amounts received under section 51 by the chief executive by way of casino tax for June 2009.

148Continuation of offence under s 72(2)

(1)This section applies if a person is alleged to have committed an offence against section 72(2), as in force immediately before the commencement of this section.

(2)Despite the Criminal Code, section 11, a proceeding for the offence may be started or continued, and the court may hear and decide the proceeding, as if section 72 had not been amended by the Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013.

149Existing unclaimed winnings

(1)This section applies if, immediately before the commencement of this section, an amount for winnings mentioned in previous section 71A(3) had not been paid and dealt with under previous section 71A.

(2)Previous section 71A(3) continues to apply in relation to the amount.

(3)In this section—

previous section 71A(3) means section 71A(3) as in force immediately before the commencement of this section.

150Amalgamation of Casino Community Benefit Fund with gambling community benefit fund

(1)Immediately before the commencement—

(a)any amount remaining in the former fund is transferred to the gambling community benefit fund to be dealt with under—

(i)if subsection (2) applies—subsections (3) and (4); or

(ii)otherwise—the Gaming Machine Act 1991, section 315; and

(b)a trust deed approved by the Governor in Council under repealed section 52(6) and in force immediately before the commencement is revoked.

(2)Subsections (3) and (4) apply if, before the commencement—

(a)the trustees for a trust deed made recommendations to the Minister under repealed section 52(7) as to the application of moneys appropriate to the trust deed, for the benefit of the community; and

(b)the Minister had not caused moneys to be paid out of the former fund under repealed section 52(8) for the benefit of the community in accordance with the recommendations of the trustees.

(3)The Minister may, on or after the commencement, cause the moneys to be paid out of the gambling community benefit fund for the benefit of the community in accordance with the recommendations of the trustees.

(4)In this section—

commencement means the commencement of this section.

former fund means the Casino Community Benefit Fund under repealed section 52.

gambling community benefit fund means the gambling community benefit fund under the Gaming Machine Act 1991.

Minister means the Minister responsible, immediately before the commencement, for the administration of the former fund.

repealed, in relation to section 52, means the provision as in force immediately before the commencement.

151Application of amended provisions

(1)Section 19 as amended by the amending Act applies only to casino agreements entered into on and after the commencement.

(2)Without limiting subsection (1), for interpreting section 19(1)(a)(i) and (ii) as it was in force before the commencement, the amendment of section 19 by the amending Act must be disregarded.

(3)In this section—

amending Act means the Queen’s Wharf Brisbane Act 2016.

152Changes to disciplinary action

(1)Section 31, as amended by the Casino Control and Other Legislation Amendment Act 2022, applies in relation to initiating incidents that happened before or after the commencement.

(2)Section 31A, as inserted by the Casino Control and Other Legislation Amendment Act 2022—

(a)applies in relation to initiating incidents that happened before or after the commencement; but

(b)does not apply to disciplinary action started before the commencement.

(3)In this section—

initiating incident see section 31(24A).

section 4

accepted representations see section 45A.

agency related keno game, for a casino operator, means an approved keno game that—

(a)is played in the casino; and

(b)in relation to which the casino operator is a keno agent within the meaning of the Keno Act 1996.

approved control system means a control system approved by the chief executive, and includes an approved control system changed under a direction or approval of the chief executive.

approved evaluator means an entity declared under a regulation to be an approved evaluator.

approved form means a form approved by the chief executive.

approved keno game see the Keno Act 1996, schedule 4.

audit program, for a casino key employee or casino employee, means a program approved under section 43B(1).

casino means the areas of a hotel-casino complex—

(a)the boundaries of which are identified in a casino licence; and

(b)that may be used for casino operations.

casino employee means any person employed or working in a casino whose duties or responsibilities relate to or are in support of the operation of such casino, but does not include—

(a)a casino key employee; or

(b)persons or persons of a class or category of persons prescribed as persons employed in casinos who are not required to be licensed as casino employees.

casino gross revenue, for a month, means the total of all sums, including cheques whether collected or not, actually received in anythe month by a casino operator from the conduct of gaming and agency related keno games, less the total of all sums paid out as winnings during that month in respect of gaming, but does not include premium junket revenue for the month.

For the purposes of this definition, any sum received for the issue of a chip for gaming is a sum received from the conduct of gaming.

casino key employee means—

(a)a person employed by, or working for, a casino in a managerial capacity or who is empowered to make decisions, involving the exercise of the person’s discretion, that regulate the operation of a casino; or

(b)any person associated with or employee of a casino who has the power to exercise a significant influence over or with respect to the operation of the casino; or

(c)any person associated with or employee of a casino who, by reason of the person’s remuneration or policy-making position or by reason of any other criteria prescribed under a regulation, holds or exercises or is able to exercise authority of such a nature or to such an extent in respect of the operation of the casino as to render it desirable in the public interest that the person be licensed as a casino key employee.

casino lease means a written lease approved by the Governor in Council under which the casino licensee leases to the lessee the hotel-casino complex or the casino.

casino licence means a licence granted by the Governor in Council on the recommendation of the Minister authorising the conduct and playing in a casino of such games as may in the particular case be authorised by the Minister.

casino licensee means the holder for the time being of a casino licence, and includes a person referred to in this Act as a casino licensee who, whilst not at the material time the holder of a casino licence, is a person to whom it is proposed to grant a casino licence under and in accordance with an agreement as referred to in section 19.

casino management agreement means a written agreement approved by the Governor in Council under which the casino licensee or the lessee under a casino lease agrees with another party to the agreement for the management by that other party of the hotel-casino complex or the casino, as the case may be.

casino manager, for a casino, means—

(a)a person designated as a shift manager for the casino by the casino operator; or

(b)another person who—

(i)occupies a position equivalent, similar or more senior to the position of a person mentioned in paragraph (a); and

(ii)is concerned with, or takes part in, managing the operations of the casino.

casino operations means the operation and conduct, in relation to a casino, of any of the following—

(a)gaming;

(b)money counting, surveillance, accounting, storage and other activities in connection with the operation and conduct of gaming.

casino operator means—

(a)if there is no casino lease or casino management agreement—the casino licensee; or

(b)if there is a casino lease and no casino management agreement—the lessee under the casino lease; or

(c)if there is a casino management agreement—

(i)for any period in which a person is, for the time being under the agreement, responsible for the management of the casino—that person; or

(ii)for another period—

(A)if there is no casino lease, or there is a casino lease and the lessee under the lease has not entered into the agreement—the casino licensee who entered into the agreement; or

(B)if there is a casino lease and the lessee under the lease has entered into the agreement—the lessee;