Casino Control Act 1992 Casino Control Amendment (Liquor Act Application) Regulation 2001 (2001-34) [GG No 33 of 1.2.2001, p 393] (NSW)
2001 No 34
| Casino Control Amendment (Liquor | New South Wales |
Act Application) Regulation 2001
under the
Casino Control Act 1992
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Casino Control Act 1992.
J. RICHARD FACE, M.P.,
Minister for Gaming and Racing
Explanatory note
The objects of this Regulation are:
| (a) | to apply section 145A of the Liquor Act 1982 (which provides for the issue of penalty notices for prescribed offences) to the casino, and |
| (b) | to prescribe expressions by which those offences may be shortly described in penalty notices, summonses, warrants and other documents. |
Minor amendments are also made by way of law revision. virtue of the extension of the regulation-making powers of that Act effected by section 145B of the Justices Act 1902.
| Published in Gazette No 33 of 1 February 2001, page 393 | Page 1 |
| [16] | |
| 2001 No 34 | |
| Clause 1 | Casino Control Amendment (Liquor Act Application) Regulation 2001 |
Casino Control Amendment (Liquor Act Application)
Regulation 2001
1 Name of Regulation
This Regulation is the Casino Control Amendment (Liquor Act
Application) Regulation 2001.
2 Commencement
This Regulation commences on 1 February 2001.
3 Amendment of Casino Control Regulation 1995
The Casino Control Regulation 1995 is amended as set out in
Schedule 1.
4 Notes
The explanatory note does not form part of this Regulation.
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Casino Control Amendment (Liquor Act Application) Regulation 2001
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 3)
[1] Clause 21A
Insert after clause 21:
21A Short descriptions of offences
(1) For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision of the Liquor Act 1982 contained in Schedule 4 and specified in Column 1 of the Table to section 145A in that Schedule is:
(a) if one or more IPB codes are set out in relation to the offence in Column 3 of that Table, any of those IPB codes together with: (i) the text set out in relation to the offence in Column 2 of that Table, or
(ii) if a choice of words is indicated in that text, the words remaining after the omission of the words irrelevant to the offence, or
(b)
if no IPB code is set out in relation to the offence in Column 3 of that Table:
(i)
the text set out in relation to the offence in Column 2 of that Table, or
(ii)
if a choice of words is indicated in that text, the words remaining after the omission of the words irrelevant to the offence.
(2)
For the purposes of any proceedings for an offence created by a provision of the Liquor Act 1982 specified in Column 1 of the Table to section 145A in Schedule 4, the prescribed expression for the offence is taken to relate to the offence created by the provision, as the provision was in force when the offence is alleged to have been committed.
(3)
The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used.
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Casino Control Amendment (Liquor Act Application) Regulation 2001
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(4) Subclause (3) applies to any information, complaint, summons warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.
[2] Schedule 4, Part A Provisions relating to licensed premises (whether or not operated by casino operator)
Insert “145A,” in appropriate order.
[3] Schedule 4, Part C The applied provisions as modified
Omit “50 penalty units” from section 123. Insert instead “20 penalty units”.
[4] Schedule 4, Part C, section 126
Omit “Gaming and Betting Act 1912” from section 126 (1) (c).
Insert instead “Unlawful Gambling Act 1998”.[5] Schedule 4, Part C, section 129
Insert at the end of section 129 (1):
Maximum penalty: 3 penalty units.
[6] Schedule 4, Part C
Insert after section 145:
145A Penalty notices
(1) An authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence against this Act and the offence is one that is created by a provision specified in Column 1 of the table to this section. (2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person may pay, within a time and to a person specified in the notice:
(a)
the amount of penalty specified in Column 4 of the table to this section for the offence, if the person is not a minor, or
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Casino Control Amendment (Liquor Act Application) Regulation 2001
| Amendments | Schedule 1 |
(b)
the amount of penalty specified in Column 5 of the table to this section for the offence, if the person is a minor.
(3) A penalty notice may be served personally or by post. (4) If the appropriate amount of penalty specified in the table to this section for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence, except proceedings under Division 8 (Disciplinary provisions) of Part 3. (5) Payment under this section is not to be regarded as an admission of liability for the purpose of, nor does it in any way affect or prejudice, any civil proceeding arising out of the same occurrence.
(6)
However, when a penalty is paid under this section in respect of a penalty notice served on a person, the person is for the purposes of Division 8 (Disciplinary provisions) of Part 3 taken to have been convicted of the offence to which the penalty notice related.
(7)
Payment under this section does not interfere with the operation of section 69F, 69G, 69H or 144 in respect of a contravention or alleged contravention of this Act by the person who pays the penalty.
(8)
This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
(9) In this section, authorised officer means a police officer, the
Director or an inspector.
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Casino Control Amendment (Liquor Act Application) Regulation 2001
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Table Penalty notice offences
Column 1 Column 2 Column 3 Column 4 Column 5 Offence Short description IPB Code Penalty Penalty (other (minors) than
minors)Section 91 (1) Fail to display 5827, 0900 $33 — licence sign Section 91 (3) Alter name of 5829, 0901 $33 — premises without
approvalSection 91 (5) Cause/permit use of 5830, 0904 $55 — prohibited name on
exterior/in advertSection 103 (3) Fail to leave 6068, 0908 $550 $55 licensed premises Section 113 Minor use false 6544 — $55 evidence of age to obtain entry/remain in/obtain liquor
from licensed
premisesSection 114 (1) Sell/supply liquor to 6535, 1572, — $550 minor 1574, 6555,
2198Section 114 (2) Allow liquor to be 6513, 1573 $550 — sold/supplied to
minorSection 114 (3) Obtain liquor on 6536, 1578 $550 $55 behalf of minor Section Minor consume 6545, 1575 — $55 115 (1) (a) liquor on licensed
premises /at
unlicensed
restaurant
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Casino Control Amendment (Liquor Act Application) Regulation 2001
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Column 1 Column 2 Column 3 Column 4 Column 5 Offence Short description IPB Code Penalty Penalty (other (minors) than
minors)Section Minor obtaining/ 6546, 1576 — $55 115 (1) (b) attempting to obtain
liquor on licensed
premisesSection Minor carrying 6547, 1577 — $55 115 (1) (c) away/attempting to
carry away liquor
from licensed
premisesSection 115 (4) Send/order/request 6537, 5890, $220 $55 minor to obtain 0910 liquor Section 116 (1) Licensee allow 6514, 1579 $550 — minor to sell/
supply/serve liquorSection Minor enter/ remain 6548, 1580 — $55 116A (1) in restricted
area/casino areaSection Unacc. minor enter/ 6549, 1581 — $55 116A (2) remain in authorised
part of
casino/licensed
premisesSection Unacc. minor 5892, 0140 — $55 116A (4) enter/remain in
restaurant in
restricted periodSection Allow minor to 6515, 1583 $550 — 116B (1) (a) enter restricted area
on licensed
premises
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Casino Control Amendment (Liquor Act Application) Regulation 2001
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Column 1 Column 2 Column 3 Column 4 Column 5 Offence Short description IPB Code Penalty Penalty (other (minors) than
minors)Section Allow unacc. minor 6516, 1594 $550 — 116B (1) (b) to enter authorised
partSection Allow unacc. minor 6517, 1585 $550 — 116B (1) (c)
to enter licensed premises (casino part)
Section Allow unacc. minor 5895, 0147 $550 — 116B (1) (d) to enter restaurant in
restricted periodSection Fail to remove 6518, 1586 $550 — 116B (2) (a) minor from
restricted areaSection Fail to remove 6519, 1587 $550 — 116B (2) (b) unacc. minor Section Fail to remove 6520, 1588 $550 — 116B (2) (c) minor from licensed
premises (casino
part)Section Fail to remove 5899, 0911 $550 — 116B (2) (d)
minor from restaurant in restricted period
Section Fail to display 6530, 1591 $220 — 116C (1) (a) notice about minors
in restricted areaSection Fail to display 6531, 1592 $220 — 116C (1) (b)
notice about unacc. minors in authorised area
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Casino Control Amendment (Liquor Act Application) Regulation 2001
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Column 1 Column 2 Column 3 Column 4 Column 5 Offence Short description IPB Code Penalty Penalty (other (minors) than
minors)Section Fail to display 6530, 1591 $220 — 116C (1A) (a) notice about minors
in restricted areaSection Fail to display 6531, 1592 $220 — 116C (1A) (b)
notice about unacc. minors in authorised area
Section Fail to display 5904, 0149 $220 — 116C (3A) notice about
restricted period in
restaurantSection Permit minor to 6542, 1594 $220 — 116D (a) consume alcohol on
premisesSection Leave minor on 6543, 1595 $220 — 116D (b) premises without
first informing
licenseeSection Suspected minor 6551, 1596 $110 $55 117A (2) (a) refusing/failing to
state name or
addressSection Suspected minor 6552, 1597 $110 $55 117A (2) (b) refusing/failing to
produce evidence of
ageSection 117B Licensee/employee 6522, 1598 $220 $55 fail to refuse minor
entry to
premises/part of
premises
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Column 1 Column 2 Column 3 Column 4 Column 5 Offence Short description IPB Code Penalty Penalty (other (minors) than
minors)Section Minor providing 6554, 1601 — $110 117E (2) false/misleading
information to get
age evidenceSection Providing/ 6538, 1602, $220 $110 117E (3) certifying 5909, 0919 false/misleading
information for age
evidenceSection Make false proof of 8194, 0174 $220 $110 117EB (1) age card Section Give false proof of 8195, 0175 $220 $110 117EB (2) age card Section Make/give false 8196, 0176 $550 $110 117EB (3) proof of age card
(aggravation)Section 117EC Give/lend proof of 8197, 0177, $220 $110 age card 5913, 0923 Section 117ED Tamper with proof 8199, 8198, $220 $110 of age card 0178, 5914,
0924Section 119 (a) Keep premises open 6524, 1606 $220 — for liquor sale/
supplySection 119 (b) Sell/supply liquor 6525, 1606 $220 — outside hours Section 121 (1) Sell/supply liquor/ 7490, 0655 $550 — cause/suffer liquor to be sold/supplied contrary to authority
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Column 1 Column 2 Column 3 Column 4 Column 5 Offence Short description IPB Code Penalty Penalty (other (minors) than
minors)Section 121 (2) Agent/servant/ 7491, 0059, $550 $55 person on behalf of 5915, 0925 licensee sell liquor/ cause/suffer liquor to be sold contrary to authority
Section 122 (1) Unauthorised sale/ 7492, 0060, $550 $55 cause/suffer 5916, 0926 unauthorised sale of
liquorSection 123 Licensee sell liquor/ 7495, 0120 $220 — employ/permit
person to sell liquor
on unlicensed
premisesSection Permit intoxication/ 6526, 1608 $550 — 125 (1) (b) indecent/violent/
quarrelsome
conduct on premisesSection 125 (3) Sell/supply liquor to 6540, 1609 $550 $55 intoxicated person Section Licensee fail to 6584, 1302 $55 — 125A (1) produce licence Section Permit intoxication/ 6526, 1608 $550 — 125 (1) (b) indecent/violent/
quarrelsome
conduct on premisesSection 125 (3) Sell/supply liquor to 6540, 1609 $550 $55 intoxicated person Section Licensee fail to 6584, 1302 $55 — 125A (1) produce licence
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Column 1 Column 2 Column 3 Column 4 Column 5 Offence Short description IPB Code Penalty Penalty (other (minors) than
minors)Section Permit/suffer 6527, 1610 $110 — 126 (1) (a) gaming for stakes
on premisesSection Permit/suffer 6528, 1611 $110 — 126 (1) (b) unlawful game on
premisesSection Open/keep/use 6529, 1612 $110 — 126 (1) (c) (i)
premises contrary to Unlawful Gambling Act
Section Suffer premises to 6529, 1612 $110 — 126 (1) (c) (ii) be opened/used/kept
contrary to
Unlawful Gambling
ActSection 126 (2) Servant/person in 6541, 1613 $110 $55 charge permitting unlawful game on premises
Section Refuse/fail to pay 6069, 1170, $55 $55 129 (1) (a) for liquor/meal/ 6070, 1171, accommodation
6071, 1170, 6092, 0959, 6083, 0960, 6084, 0963
Section Avoid demand for 6072, 1173, $55 $55 129 (1) (b) payment for 6073, 1174, liquor/meal/ 6074, 1175, accommodation
6085, 0994, 6086, 0999, 6089, 1008
Section Carry liquor about 7497, 0132, $220 $55 135 (1) (a) for sale 6089, 1010
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Casino Control Amendment (Liquor Act Application) Regulation 2001
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Column 1 Column 2 Column 3 Column 4 Column 5 Offence Short description IPB Code Penalty Penalty (other (minors) than
minors)Section Unlawfully 7498, 0133, $220 $55 135 (1) (b) offer/expose liquor 6090, 1026 for sale Section Carry liquor for sale 7499, 0134, $220 $55 135 (1) (c) to unlawful place 6091, 1028 Section 139 (1) Statement 6092, 1037 $550 $55 false/misleading/
omits matter
BY AUTHORITY
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