Casino Control Act 1992 (NSW)
Casino Control Amendment Act 2018 No 8, Sch 1[45]–[48] (not commenced)
Government Sector Finance Legislation (Repeal and Amendment) Act 2018 No 70 (not commenced)
An Act to provide for the establishment of one casino and the control of its operations and to provide for the licensing of a restricted gaming facility at Barangaroo South; and for related purposes.
This Act may be cited as the Casino Control Act 1992.
This Act is part of the gaming and liquor legislation for the purposes of the Gaming and Liquor Administration Act 2007. That Act contains administrative and other relevant provisions that apply in relation to this Act (including investigation and enforcement powers and provisions relating to the probity of officials).
This Act commences on a day or days to be appointed by proclamation.
In this Act—
(a) situated or proposed to be situated on that part of Barangaroo (within the meaning of the Barangaroo Delivery Authority Act 2009) identified as the site of the Barangaroo restricted gaming facility on the Barangaroo Restricted Gaming Facility Site Map, and
(b) defined for the time being under section 19A.
(a) means money in coins or notes, and
(b) does not include cheques, money orders or electronic funds transfer or debt transactions.
(a) premises defined as a casino for the time being under section 19, or
(b) the Barangaroo restricted gaming facility.
References in this Act to the casino operator include references to the holder of a restricted gaming licence.
(a) the rules of the game approved by an order under section 66 (1) or, if the game is a keno game, the keno rules for the game within the meaning of section 66 (5), and
(b) the non-monetary prize rules for the game set out in section 66 (4).
(a) the conduct of gaming in the casino,
(b) the management and supervision of the conduct of gaming in the casino,
(c) money counting in, and in relation to, the casino,
(d) accounting procedures in, and in relation to, the casino,
(e) the use of storage areas in the casino, and
(f) other matters affecting, or arising out of, activities in the casino.
(a) based on the patron’s turnover of play in the casino, or
(b) calculated by reference to the patron’s turnover of play in the casino.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
In this Act—
(a) a reference to a function includes a reference to a power, authority and duty, and
(b) a reference to the exercise of a function includes, in relation to a duty, a reference to the performance of the duty.
(Repealed)
The reference in the definition of
(a) as tabled, by or on behalf of the Minister introducing the Bill for the Casino Control Amendment (Barangaroo Restricted Gaming Facility) Act 2013, in the Legislative Assembly on the day that the Bill was introduced (the
original map ), and(b) as amended or replaced from time to time by a map declared by proclamation to amend or replace the original map.
However, the site of the Barangaroo restricted gaming facility must remain in the area identified as Barangaroo South on the original map.
The Barangaroo Restricted Gaming Facility Site Map is to be kept and made available for public access in accordance with arrangements approved by the Minister.
For the purposes of this Act, the Barangaroo Restricted Gaming Facility Site Map may be in, and may be kept and made available in, electronic or paper form, or both.
The map is to be made available on the official NSW legislation website in connection with this Act.
In this Act, a
(a) a related body corporate of the casino operator or applicant, or
(b) a person who holds an interest of 10% or more of the share capital in—
(i) the casino operator or applicant, or
(ii) a related body corporate of the casino operator or applicant, or
(c) a director or officer of—
(i) the casino operator, or
(ii) a related body corporate of the casino operator or applicant, or
(iii) a person who holds an interest of 10% or more of the share capital in—
(A) the casino operator or applicant, or
(B) a related body corporate of the casino operator or applicant, or
(d) a person who—
(i) holds or will hold a relevant financial interest, or is or will be entitled to exercise relevant power, whether in the person’s own right or on behalf of another person, in the casino operator’s or applicant’s business that is or will be carried on under the authority of the licence, and
(ii) because of that interest or power is or will be able, in the NICC’s opinion, to exercise a significant influence over or in relation to the management or operation of the business, or
(e) a person who holds or will hold a relevant position, whether in the person’s own right or on behalf of another person, in the casino operator’s or applicant’s business that is or will be carried on under the authority of the licence.
For this section, a financial institution is not a close associate by reason only of having a relevant financial interest in relation to a business.
In this section—
(a) a share in the capital of the business, or
(b) an entitlement to receive income derived from the business or to receive another financial benefit or financial advantage from the carrying on of the business, whether the entitlement arises at law, in equity or otherwise, or
(c) an entitlement to receive rent, profit or other income in connection with the use or occupation of premises on which the business of the casino is carried on.
(a) the position of director, manager or secretary, or
(b) another position, however designated, if it is an executive position.
(a) to participate in a directorial, managerial or executive decision, or
(b) to elect or appoint a person to a relevant position.
Despite the provisions of any other Act or law but subject to this Act, the conduct and playing of a game and the use of gaming equipment is lawful when the game is conducted and the gaming equipment is provided in a casino by or on behalf of the casino operator (that is, the holder of the licence for that casino under this Act).
The Unlawful Gambling Act 1998 and the Community Gaming Act 2018 do not apply to the conduct and playing of a game and the use of gaming equipment when the game is conducted and the gaming equipment is provided in a casino by or on behalf of the casino operator and in accordance with this Act, except to the extent (if any) that the regulations otherwise provide.
This section does not operate to validate or render enforceable a contract relating to gaming that would, apart from this section, be invalid or unenforceable.
Despite subsection (3), a contract to which that subsection refers and to which a casino operator is a party is enforceable against the casino operator.
The conduct of operations in a casino in accordance with this Act and the conditions of the casino licence is not of itself a public or private nuisance.
Among the primary objects of this Act are—
(a) ensuring that the management and operation of a casino remain free from criminal influence or exploitation, and
(a1) ensuring that each casino operator prevents money laundering and terrorism financing activities within the operations of the casino, and
(b) ensuring that gaming in a casino is conducted honestly, and
(b1) minimising harm to individuals and families from activities associated with gambling in casinos, and
(c) containing and controlling the potential of a casino to cause harm to the public interest and to individuals and families.
All persons having functions under this Act are required to have due regard to the objects referred to in subsection (1) when exercising those functions.
This section applies if, under this Act, the NICC is required to be satisfied of, or form an opinion about, the suitability of an applicant for a licence, a casino operator, a close associate, a special employee or another person (all
(a) to be concerned in or associated with the management or operation of a casino, or
(b) to give effect to a casino licence and this Act.
The onus is on the relevant person to—
(a) give the NICC clear and convincing evidence of the relevant person’s suitability in relation to the assessment to be made by the NICC, and
(b) make a full and frank disclosure of any information relevant to the assessment, including any information requested by the NICC in relation to the assessment.
(Repealed)
A maximum of 2 casino licences may be in force under this Act at a particular time.
If 2 casino licences are in force at a particular time, 1 of the licences must be a restricted gaming licence granted to operate the Barangaroo restricted gaming facility.
A casino licence may apply to 1 casino only.
The Minister may from time to time give a direction in writing to the NICC as to any of the following matters—
(a) the permissible location for a casino,
(b) the required size and style of a casino,
(c) the development required to take place in conjunction with the establishment of a casino, such as the development of a hotel or other complex of which a casino is to form part,
(d) any other prescribed matter concerning the establishment of a casino.
Before giving a direction on any matter to the NICC, the Minister is to call for a report on the matter from the NICC and is to consider the NICC’s report.
A direction as to the permissible location for a casino must not specify a particular site unless the site is vested in the Crown or the Crown has the exclusive right of occupation of the site.
The Minister may vary or revoke a direction by a further direction in writing to the NICC.
The NICC must exercise its functions under this Act in respect of the grant of a casino licence, the conduct of negotiations and the entering into of agreements in a manner that is consistent with the directions of the Minister under this section.
Before directing the NICC to invite expressions of interest under section 9, the Minister is to establish an inquiry into the likely effect of the availability of gaming machines in a casino on the operations and viability of the registered club and hotel industries.
The Minister may then give a direction in writing to the NICC as to whether or not and to what extent (if any) gaming machines are to be available in a casino.
The Minister may vary or revoke a direction by a further direction in writing to the NICC.
The NICC must exercise its functions so as to give effect to a direction by the Minister under this section.
(Repealed)
At the direction of the Minister, the NICC is to publicly invite expressions of interest for the establishment and operation of a casino and may provide information concerning the requirements for the casino to any person who expresses interest.
The same information is to be provided to the persons who express interest in a particular casino, so as not to advantage or disadvantage any interested person.
The invitation must be in terms that are consistent with any applicable directions of the Minister under section 7.
The invitation need not relate solely to the establishment and operation of a casino but may also relate to any other matter that the NICC considers relevant, such as the development of a hotel or other complex of which the casino is to form part.
The NICC is entitled to charge a fee for the provision of information under this section and persons provided with information are to be charged the same fee.
The NICC is not to invite expressions of interest except at the direction of the Minister but the fact that the Minister has directed that expressions of interest be invited does not necessarily mean that the Minister will direct the NICC to invite applications for a casino licence.
At the direction of the Minister, the NICC is to publicly invite applications for a casino licence and must not invite applications except at the direction of the Minister.
The invitation must be in terms that are consistent with any applicable directions of the Minister under section 7.
A person is not entitled to make an application for a casino licence unless and until the NICC invites applications and is only entitled to make an application that conforms with the terms of the NICC’s invitation.
Unless the NICC otherwise permits in a particular case, an application must comply with the following requirements—
(a) it must be made in a form approved by the NICC,
(b) it must be accompanied by such fee as may be determined by the NICC in respect of applications for the licence concerned,
(c) it must contain or be accompanied by such information as the application form requires and such additional information as the NICC may request.
An application must be verified by statutory declaration.
The NICC may, at its discretion, refund the whole or any part of an application fee if the application is not successful.
In considering an application for a casino licence, the NICC is to have regard to the following matters—
(a) the requirements of section 12 (Suitability of applicant and close associates of applicant),
(b) the standard and nature of the proposed casino, and the facilities to be provided in, or in conjunction with, the proposed casino,
(c) the likely impact of the use of the premises concerned as a casino on tourism, employment and economic development generally in the place or region in which the premises are located,
(d) the expertise of the applicant, having regard to the obligations of the holder of a casino licence under this Act,
(e) such other matters as the NICC considers relevant.
The NICC must not grant an application for a casino licence unless satisfied that the applicant, and each close associate of the applicant, is a suitable person to be concerned in or associated with the management and operation of a casino.
For that purpose the NICC is to consider whether—
(a) each of those persons is of good repute, having regard to character, honesty and integrity, and
(b) each of those persons is of sound and stable financial background, and
(c) in the case of an applicant that is not a natural person, it has or has arranged a satisfactory ownership, trust or corporate structure, and
(d) the applicant has or is able to obtain financial resources that are both suitable and adequate for ensuring the financial viability of the proposed casino, and
(e) the applicant has or is able to obtain the services of persons who have sufficient experience in the management and operation of a casino, and
(f) the applicant has sufficient business ability to establish and maintain a successful casino, and
(g) any of those persons has any business association with any person, body or association who, in the opinion of the NICC, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial sources, and
(h) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the NICC to be associated or connected with the ownership, administration or management of the operations or business of the applicant or a close associate of the applicant is a suitable person to act in that capacity.
A person who is approved by the Minister in writing (the
An application for a restricted gaming licence must comply with the following requirements (except to the extent that the Minister otherwise determines)—
(a) it must be made in a form approved by the NICC,
(b) it must contain or be accompanied by such information as the application form requires and such additional information as the NICC may request,
(c) it must be verified by statutory declaration.
The NICC must not grant an application for a restricted gaming licence unless it is satisfied that the approved applicant, and each close associate of the approved applicant, is a suitable person to be concerned in or associated with the management and operation of the Barangaroo restricted gaming facility.
For that purpose, the NICC is to consider whether—
(a) each of those persons is of good repute, having regard to character, honesty and integrity, and
(b) each of those persons is of sound and stable financial background, and
(c) if the approved applicant is not a natural person, it has or has arranged a satisfactory ownership, trust or corporate structure, and
(d) the approved applicant has or is able to obtain financial resources that are both suitable and adequate for ensuring the financial viability of the Barangaroo restricted gaming facility, and
(e) the approved applicant has or is able to obtain the services of persons who have sufficient experience in the management and operation of a casino or similar gaming facility, and
(f) the approved applicant has sufficient business ability to maintain a successful gaming facility, and
(g) any of those persons has any business association with any person, body or association who, in the opinion of the NICC, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial sources, and
(h) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the NICC to be associated or connected with the ownership, administration or management of the operations or business of the approved applicant or a close associate of the approved applicant is a suitable person to act in that capacity.
The following is to be taken into account by the NICC for the purposes of this section—
(a) any information relevant to the application that has been provided to or received by the NICC in the course of any investigation or inquiry in relation to the suitability of the approved applicant or close associate of the approved applicant and any findings made in relation to any such investigation or inquiry,
(b) the fact that gaming is not authorised in the Barangaroo restricted gaming facility before 15 November 2019.
On receiving an application for a casino licence the NICC must carry out all such investigations and inquiries as it considers necessary to enable it to consider the application properly.
In particular, the NICC—
(a) may require any person it is investigating in relation to the person’s suitability to be concerned in or associated with the management or operation of a casino or the Barangaroo restricted gaming facility (as the case requires) to consent to having his or her photograph, finger prints and palm prints taken, and
(b) must refer to the Commissioner of Police details of the persons the NICC is investigating, copies of any photographs, finger prints and palm prints taken and any supporting information that the NICC considers appropriate for referral to the Commissioner.
The Commissioner of Police is to inquire into and report to the NICC on such matters concerning the application as the NICC may request.
The NICC may refuse to consider an application for a casino licence while any person from whom it requires a photograph, finger prints or palm prints under this section refuses to allow his or her photograph, finger prints or palm prints to be taken.
The NICC may, by notice in writing, require a person who is an applicant for a casino licence or who, in the opinion of the NICC, has some association or connection with the applicant that is relevant to the application to do any one or more of the following things—
(a) to provide, in accordance with directions in the notice, such information, verified by statutory declaration, as is relevant to the investigation of the application and is specified in the notice,
(b) to produce, in accordance with directions in the notice, such records relevant to investigation of the application as are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them,
(c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b),
(d) to furnish to the NICC such authorities and consents as the NICC directs for the purpose of enabling the NICC to obtain information (including financial and other confidential information) from other persons concerning the person and his or her associates or relations.
If a requirement made under this section is not complied with, the NICC may refuse to consider the application concerned.
A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.
The reasonable costs incurred by the NICC in investigating and inquiring into an application for a casino licence are payable to the Secretary by the applicant, unless the NICC determines otherwise in a particular case.
The NICC may require part or full payment in advance of the amount it estimates will be payable by the applicant and may refuse to deal with the application until the required payment is made.
Investigation and inquiry costs may include travelling expenses within or outside the State.
It is a condition of any licence granted to the applicant that any amount payable under this section by the applicant is paid.
If a change occurs in the information provided in or in connection with an application for a casino licence before the application is determined, the applicant must as soon as possible give the NICC written particulars of the change verified by statutory declaration.
Maximum penalty—500 penalty units.
Particulars of any change given by the applicant are then to be considered to have formed part of the original application for the purposes of the application of subsection (1) to any further change in the information provided.
This section does not apply to a change in information if the NICC has notified the applicant in writing that the NICC does not require particulars of any change in the information concerned or does not require particulars of the type of change concerned.
The NICC is to determine an application by either granting a casino licence to the applicant or declining to grant a licence, and is to inform the applicant accordingly.
A licence may be granted subject to such conditions as the NICC thinks fit.
The NICC is not required to give reasons for its decision on an application but may give reasons if it thinks fit.
If a licence is granted, it is granted on the terms (including a term as to the period for which it is in force), subject to the conditions and for the location specified in the licence.
A licence is also subject to conditions imposed by this Act.
The boundaries of a casino are to be defined initially by being specified in the casino licence.
The boundaries of a casino may be redefined by the NICC—
(a) on its own initiative, or
(b) on the application of the casino operator.
The NICC is not to redefine the boundaries of a casino on its own initiative unless it—
(a) notifies the casino operator in writing of the proposed change and gives the casino operator at least 14 days to make submissions to the NICC on the proposal, and
(b) takes any such submissions into consideration before deciding whether to redefine the boundaries.
The redefining of the boundaries of a casino takes effect when the NICC gives written notice of it to the casino operator or on such later date as the notice may specify.
This section does not apply in relation to the Barangaroo restricted gaming facility.
The boundaries of the Barangaroo restricted gaming facility are to be defined initially by being specified in the restricted gaming licence for the facility.
The boundaries of the Barangaroo restricted gaming facility may be redefined by the NICC but only on application made at any time by the holder of the restricted gaming licence.
In defining or redefining the boundaries of the Barangaroo restricted gaming facility, the NICC is—
(a) to have regard only to matters of public health and safety and matters that relate to the integrity of gaming in the facility in accordance with this Act, and
(b) to ensure that the total gaming area within the Barangaroo restricted gaming facility does not exceed 20,000 square metres.
A casino licence remains in force for the period for which it was granted, as specified in the licence, unless it is sooner cancelled or surrendered under this Act.
A casino licence confers no right of property and is incapable of being assigned or mortgaged, charged or otherwise encumbered.
The conditions of a casino licence (whether as originally imposed or as amended) may relate to any matter for which provision is made by this Act but must not be inconsistent with a provision of this Act.
The conditions of a casino licence may be amended by being substituted, varied, revoked or added to.
(Repealed)
An amendment may be proposed—
(a) by the casino operator by requesting the NICC in writing to make the amendment, or
(b) by the NICC by giving notice in writing of the proposed amendment to the casino operator and giving the casino operator at least 14 days to make submissions to the NICC concerning the proposed amendment.
Subject to subsection (2A), the NICC is to consider any submissions made by the casino operator and is then to decide whether to make the proposed amendment, either with or without changes from that originally proposed.
The NICC is to notify the casino operator of its decision and any amendment that the NICC decides upon takes effect when notice of the decision is given to the casino operator or on such later date as may be specified in the notice.
This section does not apply to licence conditions imposed by this Act.
Conducting or participating in gaming that is declared under this section not to be lawful is an offence under the Unlawful Gambling Act 1998. The conduct or playing of any game in the Barangaroo restricted gaming facility was not lawful before 15 November 2019.
The installation or use of gaming machines is not lawful in the Barangaroo restricted gaming facility other than gaming machines described in subsection (4).
(Repealed)
For subsection (1), a gaming machine must be a device that—
(a) is designed for the playing of a partly or fully electronic version of a game ordinarily played at a table, and
(b) is able to be played by more than one player at the one time, and
(c) is equipped with more than one player terminal.
Under section 66 it is a condition of a casino licence that the casino operator must not permit a game to be conducted or played in a casino (which includes the Barangaroo restricted gaming facility) unless the game is approved by the NICC.
The playing of any game in the Barangaroo restricted gaming facility is not lawful if the amount placed for any single bet or wager on that game is less than the minimum bet limit for that game.
The
(a) in the case of baccarat, blackjack or roulette (whether played at a table or by way of an electronic device)—
(i) $30 for baccarat, $20 for blackjack and $25 for roulette, or
(ii) such higher amount as may be determined by the NICC in accordance with the licence for the Barangaroo restricted gaming facility, or
Note— In the case of roulette, the minimum bet limit is the minimum total of all the bets placed by a player per spin.
(b) in the case of any other game—the amount determined by the NICC in accordance with the licence for the Barangaroo restricted gaming facility.
Any determination by the NICC under subsection (6) must be made publicly available on the NICC’s website.
It is a condition of a restricted gaming licence that only persons who, in accordance with the conditions of the licence, are members or guests of the Barangaroo restricted gaming facility are authorised by the licence to participate in any gaming in the facility.
A casino operator must, in the management and operation of the casino, cooperate with the NICC in relation to the NICC exercising its functions under this Act.
Maximum penalty—500 penalty units.
Without limiting subsection (1), cooperation with the NICC includes—
(a) the full and frank disclosure by the casino operator of any information requested under this Act by the NICC, and
(b) a requirement for the casino operator to give the NICC written notice of any breach, or likely breach, of any of the following by the casino operator or a close associate of the casino operator—
(i) this Act,
(ii) the casino operator’s casino licence,
(iii) an agreement to which the Crown and a casino operator are parties, and
(c) a requirement for the casino operator to give the NICC written notice of any material breach, or likely material breach, of an Act of NSW or the Commonwealth that regulates casino operations, including provisions dealing with anti-money laundering or counter-terrorism financing, by—
(i) the casino operator, or
(ii) a holding company of the casino operator, or
(iii) any related bodies corporate of the casino operator that operate a casino in another jurisdiction.
For subsection (2)(b) and (c), the written notice must be given as soon as practicable, but not later than 5 days after, the casino operator becomes aware of—
(a) the breach or likely breach, or
(b) the material breach or likely material breach.
In this section—
(a) the cancellation or suspension of the licence,
(b) the imposition on the casino operator of a pecuniary penalty of up to $100 million,
(c) the amendment of the terms or conditions of the licence (other than under section 22),
(c1) a requirement that a casino operator, or a close associate of a casino operator, give an undertaking (an
enforceable undertaking ) to do or refrain from doing something,(d) the issue of a letter of censure to the casino operator.
(a) that the licence was improperly obtained in that, at the time the licence was granted, there were grounds for declining to grant it,
(b) that the casino operator, a person in charge of the casino, an agent of the casino operator or a casino employee has contravened a provision of this Act or a condition of the licence,
(c) that the casino premises are, for specified reasons, no longer suitable for the conduct of casino operations,
(d) that the casino operator is, for specified reasons, considered to be no longer a suitable person to give effect to the licence and this Act,
(e) that for specified reasons, it is considered to be no longer in the public interest that the licence should remain in force.
The NICC may serve on the casino operator a notice in writing affording the casino operator an opportunity to show cause within 14 days why disciplinary action should not be taken against the casino operator on grounds for disciplinary action specified in the notice.
The casino operator may, within the period allowed by the notice, arrange with the NICC for the making of submissions to the NICC as to why disciplinary action should not be taken and the NICC is to consider any submissions so made.
The NICC may then decide that it is appropriate that certain disciplinary action be taken against the casino operator and may either—
(a) take that disciplinary action by giving written notice of the action to the casino operator, or
(b) as an alternative to taking that disciplinary action, take action under section 24.
Disciplinary action may be taken against a person whether or not the person has been prosecuted, convicted or penalised for any contravention that is the grounds for the action.
Disciplinary action takes effect when notice of it is given or on a later date specified in the notice.
The NICC is not to take action under this section unless a member of the NICC who is or has been a Judge, or is an Australian lawyer of at least 7 years’ standing, is present at the meeting of the NICC at which the decision to take the action is made.
As an alternative to taking disciplinary action against a casino operator under section 23, the NICC may direct the operator in writing to take specified action within a specified time to rectify the matter which constitutes the grounds for disciplinary action concerned.
If a casino operator fails to take the specified action within the specified time, the NICC may proceed to take the relevant disciplinary action by giving written notice of the action to the operator, and the action takes effect when the notice is given or on a later date specified in the notice.
While a casino licence is suspended, it is of no effect for the purposes of section 4 (Gaming in licensed casino declared lawful) but is to be considered to be in force for all other purposes.
The NICC may, at any time, terminate or reduce a period of suspension of a casino licence.
A pecuniary penalty that has been imposed on a casino operator under section 23 may be recovered by the Secretary on behalf of the State in a court of competent jurisdiction as a debt due to the Crown.
Proceedings to recover such a penalty may be instituted within 6 years after the occurrence of the matter which constituted the grounds for disciplinary action in respect of which the penalty was imposed.
This section applies if a casino operator, or a close associate of a casino operator, has given an enforceable undertaking.
The enforceable undertaking may be varied or withdrawn—
(a) at the request of the person who gave the undertaking, and
(b) with the consent of the NICC.
The NICC may publish the enforceable undertaking, in the way the NICC considers appropriate, unless the NICC considers—
(a) the undertaking includes matters that are commercial in confidence, or
(b) publication of the undertaking would be not be in the public interest, or
(c) the undertaking includes personal information that cannot be easily redacted or the redaction of the information would make the publication of the undertaking meaningless.
If the NICC is satisfied that the person who gave the enforceable undertaking has, without reasonable excuse, failed to comply with the undertaking, the NICC may certify the failure to the Supreme Court.
The Supreme Court may then inquire into the case and—
(a) order the person to comply with the enforceable undertaking within a period specified by the Court, or
(b) if the Court is satisfied the person failed, without reasonable excuse, to comply with the enforceable undertaking—punish the person as if the person were in contempt of the Court and, if the Court thinks fit, also make an order under paragraph (a).
A casino operator may surrender the casino licence by giving notice in writing to the NICC.
The surrender takes effect only if the NICC consents to the surrender.
If a casino licence is suspended, cancelled or surrendered, the NICC may, if it is satisfied that it is in the public interest to do so, by instrument in writing appoint a person to be the manager of the casino for the purposes of this section.
In appointing a person to be the manager, the NICC must have regard to the suitability of the person.
The manager is to be appointed on such terms and conditions as the NICC thinks fit.
The appointment of the manager may be terminated at any time by the NICC and is in any case terminated 90 days after appointment unless in a particular case the appointment is extended by the regulations.
The manager—
(a) is to be considered to be the holder of a casino licence (including for the purposes of section 6) granted on the same terms and subject to the same conditions as the suspended, cancelled or surrendered licence (as in force immediately before the suspension, cancellation or surrender) with such modifications as the NICC may direct, and
(b) is to assume full control of and responsibility for the business of the casino operator in respect of the casino, and
(c) is to conduct or cause to be conducted casino operations in accordance with this Act, and
(d) has, in connection with the conduct of those operations, all the functions of the operator.
The regulations may make provision for or with respect to the functions of the manager of a casino appointed under this section.
The following provisions have effect in respect of the net earnings of a casino while operations in the casino are being conducted by a manager under this section—
(a) no payment of net earnings is to be made to the holder of the suspended, cancelled or surrendered licence (
the former operator ) without the prior approval of the NICC,(b) the former operator is entitled to a fair rate of return out of net earnings (if any) on any property of the former operator retained by the manager,
(c) the NICC may in its discretion direct that all or any part of net earnings (other than that to which the former operator is entitled under paragraph (b)) is to be paid into the Consolidated Fund, with any balance to be paid to the former operator.
The NICC may give a casino operator a written direction that relates to the conduct, supervision or control of operations in the casino.
It is a condition of a casino licence that the casino operator must comply with such a direction as soon as it takes effect.
The direction takes effect when the direction is given to the casino operator or on a later date specified in the direction.
The power conferred by this section includes a power to give a direction to a casino operator to adopt, vary, cease or refrain from any practice in respect of the conduct of casino operations.
A direction under this section is not to be inconsistent with this Act or the conditions of the casino licence.
The NICC is to investigate a casino from time to time and at any time that the NICC thinks it desirable or when directed to do so by the Minister.
The investigation may relate to (but is not limited to) any of the following matters—
(a) the casino and operations in the casino,
(b) the casino operator or a person who, in the opinion of the NICC, is an associate of the casino operator,
(c) a person or persons who in the opinion of the NICC could affect the exercise of functions in or in relation to the casino,
(d) a person or persons who, in the opinion of the NICC, could be in a position to exercise direct or indirect control over the casino operator, or an associate of the casino operator, in relation to functions in or in relation to the casino.
The NICC may make a report to the Minister on the results of such an investigation if it thinks it desirable to do so and must make such a report if the investigation was made at the direction of the Minister.
The NICC is to take whatever action under this Act it considers appropriate in the light of the results of an investigation.
The NICC must, at intervals not exceeding 5 years, review a casino licence by investigating and forming an opinion as to whether or not—
(a) the casino operator is a suitable person to continue to give effect to the casino licence and this Act, and
(b) it is in the public interest that the casino licence should continue in force.
A review is to be carried out—
(a) by way of an inquiry held under section 143, and
(b) into each casino operator concurrently.
The reasonable costs incurred in relation to a review are to be paid by the casino operators, with each casino operator to pay the proportion of the costs decided by the NICC, having regard to the effort involved in investigating each operator and the findings of the review.
The NICC may require a casino operator to pay an amount towards the reasonable costs of the review before the review starts and during the period in which the review is held.
If the amount paid by a casino operator under subsection (1C) is more than the amount calculated under subsection (1B) at the end of the review to be payable by the operator, the NICC must refund the excess amount to the operator.
The NICC is to report its findings and opinion on a review under this section to the Minister, giving reasons for its opinion, and is to take any action under this Act that it considers appropriate in light of its findings.
The regulations may postpone or extend the intervals between reviews required under this section.
See Part 11 of Schedule 4 for the transitional arrangements for reviews under this section following the substitution of this section by the Casino Control Amendment Act 2018 (including the arrangements for the first review under this section of the restricted gaming licence).
The NICC may, by notice in writing, require a casino operator or a person who, in the opinion of the NICC, is directly or indirectly associated with the operator—
(a) to provide the NICC or a key official, in accordance with directions in the notice, with such information relevant to the operator or that association or to the casino, or with such prescribed information, as is specified in the notice, or
(b) to produce to the NICC or a key official, in accordance with directions in the notice, such records relevant to the operator or that association or to the casino, or to prescribed matters, as are specified in the notice and to permit examination of those records, the taking of extracts from them and the making of copies of them, or
(c) to attend before the NICC or a key official for examination in relation to any matters relevant to the operator or that association or to the casino, or to prescribed matters, and to answer questions relating to those matters.
A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.
If records are produced under this section, the NICC or key official to whom they are produced may retain possession of the records for such period as may reasonably be necessary to permit examination of the records, the taking of extracts from them and the making of copies of them.
At any reasonable times during the period for which records are retained, the NICC or key official must permit inspection of the records by a person who would be entitled to inspect them if they were not in the possession of the NICC or key official.
A person who fails without reasonable excuse to comply with a requirement of a notice under section 32 is guilty of an offence.
Maximum penalty—
(a) for an individual—100 penalty units, or
(b) for a corporation—1,000 penalty units.
A person is not excused from complying with a notice under section 32 on the ground that compliance might tend to incriminate the person.
If the person claims in writing to the NICC, before complying with the notice, that compliance might tend to incriminate the person, information provided in compliance with the notice is not admissible in criminal proceedings against the person except proceedings for the offence of providing false or misleading information in purported compliance with the notice.
If the NICC is satisfied that a person has, without reasonable excuse, failed to comply with a requirement of a notice under section 32, the NICC may certify the failure to the Supreme Court.
The Supreme Court may then inquire into the case and—
(a) order the person to comply with the requirement within a period specified by the Court, or
(b) if the Court is satisfied that the person failed, without reasonable excuse, to comply with the requirement—punish the person as if the person were in contempt of the Court and, if it thinks fit, also make an order under paragraph (a).
If the Supreme Court is satisfied on the application of the NICC that a relevant person has engaged or is proposing to engage in conduct that constitutes or would constitute—
(a) a contravention of a provision of this Act or of a condition of the casino licence, or
(b) attempting to contravene such a provision, or
(c) aiding, abetting, counselling or procuring a person to contravene such a provision, or
(d) inducing, or attempting to induce, whether by threats or promises or otherwise, a person to contravene such a provision,
(e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision, or
(f) conspiring with others to contravene such a provision,
the Court may grant an injunction in such terms as the Court determines to be appropriate.
If in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of the application.
The Court may rescind or vary an injunction granted under this section.
The power of the Court to grant an injunction restraining a person from engaging in conduct may be exercised—
(a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind, and
(b) whether or not the person has previously engaged in conduct of that kind, and
(c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind.
The power of the Court to grant an injunction requiring a person to do an act or thing may be exercised—
(a) whether or not it appears to the Court that the person intends to fail again, or to continue to fail, to do that act or thing, and
(b) whether or not the person has previously failed to do that act or thing, and
(c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person fails to do that act or thing.
When the NICC makes an application to the Court for the grant of an injunction under this section, the Court is not to require the NICC or any other person, as a condition of granting an interim injunction, to give any undertakings as to damages.
In this section—
(a) a casino operator,
(b) a close associate of a casino operator,
(c) another person who is the subject of a provision of this Act or a condition of a casino licence, including a person who is proposing to become a close associate of a casino operator.
In this section—
(a) any change in that state of affairs which results in a person becoming a close associate of the casino operator, or
(b) any other change in that state of affairs which is of a class or description prescribed as major for the purposes of this section.
It is a condition of a casino licence that the casino operator must—
(a) ensure a major change in the state of affairs existing in relation to the casino operator that is within the operator’s power to prevent does not occur other than with the prior written approval of the NICC, and
(b) notify the NICC in writing of the likelihood of any major change in the state of affairs existing in relation to the operator to which paragraph (a) does not apply as soon as practicable after the operator becomes aware of the likelihood of the change, and
(c) notify the NICC in writing of any major change in the state of affairs existing in relation to the operator to which paragraphs (a) and (b) do not apply within 3 days after becoming aware that the change has occurred, and
(d) notify the NICC in writing of any minor change in the state of affairs existing in relation to the operator within 14 days after becoming aware that the change has occurred.
For subsection (2)(a), if the major change in the state of affairs can be prevented by a holding company of the casino operator, the major change is taken to be within the operator’s power to prevent.
If a major change involves a person becoming a close associate of a casino operator, the NICC must not grant approval for the major change unless the NICC is satisfied—
(a) the person is a suitable person to be associated with the management of a casino, or
(b) the person holds an exemption under section 42A(2)(a) or would be eligible for the grant of an exemption under that paragraph.
Sections 14, 15, 17 and 18 apply to and in respect of an application for approval under this section in the same way that they apply to and in respect of an application for a licence.
If a major change is proposed or has occurred involving a person becoming a close associate of a casino operator and the approval of the NICC to the change is not required—
(a) the NICC must inquire into the change to determine whether the NICC is satisfied the person—
(i) is a suitable person to be associated with the management of a casino, or
(ii) holds an exemption under section 42A(2)(a) or would be eligible for the grant of an exemption under that paragraph, and
(b) if it is not so satisfied, is to take such action as it considers appropriate.
This section applies to a major change referred to in section 35 that is proposed or has occurred.
The reasonable costs incurred by the NICC in—
(a) investigating and inquiring into an application for an approval under section 35 in relation to a major change to which this section applies, or
(b) inquiring into a major change to which this section applies, where such an approval is not required,
are payable to the Secretary, unless the NICC determines otherwise in a particular case.
The costs are so payable—
(a) by the casino operator, except in so far as paragraph (b) applies, or
(b) by the person who would become or has become a close associate of the casino operator, to the extent that the NICC is of the opinion that the casino operator is not responsible for the major change.
The costs may include—
(a) travel, whether within or outside the State, and
(b) expenses involved in engaging external legal, financial or other expert advice or assistance.
In the case of an application for approval under section 35, the NICC may require part or full payment in advance of the amount of costs it estimates will be payable to the Secretary by the applicant and may refuse to deal with the application until the required payment is made.
It is a condition of a casino licence that any amount payable under this section by the holder of the licence is paid.
In this Division—
(a) a contract that relates to the supply or servicing of gaming equipment that has been approved by the NICC under section 68 (1), not being a contract or a contract of a class that is prescribed by the regulations as exempt from this definition, or
(a1) a contract for the engagement of a compliance auditor for a casino, or
(b) a contract, or class of contracts, that, in the opinion of the NICC, is materially significant to the integrity of the operation of a casino and that the NICC declares, by notice in writing to the casino operator, to be a controlled contract.
A casino operator must not enter into or become a party to a controlled contract, or the variation of a controlled contract, relating to the casino until the operator has given the NICC written notice (
Maximum penalty—500 penalty units.
The NICC may object to the proposed contract or variation of contract by notice in writing given to the casino operator during the investigation time that the NICC is allowed by this section, in which case the casino operator must not enter into or become a party to the contract or variation of contract.
The purpose of an investigation under this section is to assess the suitability of all parties proposing to enter into the controlled contract, or the variation of a controlled contract, with the casino operator, including whether there are any financial, criminal or other issues of concern with any of the parties.
The investigation must be completed within 12 weeks after the contract notice was given to the NICC.
A casino operator must, if the casino operator becomes aware of a change in a party to a controlled contract with the casino operator that would or may affect the suitability of the party, advise the NICC by written notice of the change.
Maximum penalty—500 penalty units.
It is a condition of a casino licence that the casino operator must comply with this section but a failure to comply with this section does not affect the validity of any contract or variation of contract.
While the NICC is considering a contract notice given by a casino operator in relation to approval to enter into or become a party to a controlled contract, or the variation of a controlled contract, the NICC may issue the casino operator with an interim approval of the controlled contract or variation.
An interim approval—
(a) stays in force until a decision about the contract notice has been finally decided, unless earlier revoked by the NICC under section 37B(2), and
(b) is not to be taken as an indication the NICC will give approval for the casino operator to enter into or become a party to a controlled contract, or the variation of the controlled contract.
This section applies if, after the NICC issues a casino operator with an interim approval of a controlled contract or a variation of a controlled contract, the NICC—
(a) objects to the proposed contract or variation, and
(b) proposes to revoke the interim approval.
The NICC may, by written notice given to each of the parties to the proposed contract or variation—
(a) advise the parties that the NICC proposes to revoke the interim approval, and
(b) invite the parties to provide written submissions to the NICC within the period specified in the notice, not less than 14 days after the day the notice is given to the parties, about why the interim approval should not be revoked.
After considering any written submissions made under subsection (2)(b), the NICC must decide—
(a) to revoke the interim approval, or
(b) not to revoke the interim approval.
As soon as practicable after making its decision under subsection (3), the NICC must give written notice of the decision to each of the parties to the proposed contract or variation.
If the NICC’s decision is to revoke the interim approval, the notice may include a requirement that—
(a) the casino operator must not enter into, or otherwise become a party to, the proposed contract or proposed variation to the contract, or
(b) for an existing contract—the contract be terminated within a specified period.
The NICC may, by notice in writing to a person who the NICC considers has some association or connection with a casino operator that is relevant to the operation or management of the casino, direct that section 37 is to apply to the person.
Such a direction operates to apply section 37 to the person in the same way as it applies to the casino operator.
If a person contravenes section 37 as so applying to the person, the person is guilty of an offence.
Maximum penalty—
(a) for an individual—100 penalty units, or
(b) for a corporation—1,000 penalty units.
The NICC may serve on each party to a controlled contract a notice in writing affording the party an opportunity to show cause within 14 days why the contract should not be terminated on the ground that it is not in the public interest for the contract to remain in force.
The notice is to specify the reasons why it is considered that it is not in the public interest for the contract to remain in force.
A party to the contract may, within the period specified in the notice, arrange with the NICC for the making of submissions as to why the contract should not be terminated.
After considering any submissions so made, the NICC may, by notice in writing served on each party to the contract, require the contract to be terminated within a time specified in the notice.
If the contract is not terminated as required by the notice it is terminated by force of this section.
If a contract is terminated in accordance with this Division—
(a) the termination does not affect a right acquired, or a liability incurred, before that termination by a person who was a party to the contract, as a result of the performance before that termination of any obligation imposed by the contract, and
(b) no liability for breach of contract is incurred by a person who was a party to the contract by reason only of that termination, and
(c) neither the Crown nor the NICC incurs any liability by reason of that termination.
A party to a contract terminated in accordance with this Division must not give any further effect to any part of the contract.
Maximum penalty—1,000 penalty units.
Section 32 (Operator and associates may be required to provide information) applies in relation to a party to a controlled contract in the same way as it applies in relation to a casino operator.
A person must not be a close associate of a casino operator unless—
(a) the NICC has given approval for the person to become a close associate, and
(b) if the person holds a relevant position—the person holds a certificate of competency under section 64 for the functions that the close associate exercises.
Maximum penalty—
(a) for an individual—100 penalty units, or
(b) for a corporation—1,000 penalty units.
Subsection (1) does not apply to a person to the extent the person—
(a) holds an exemption granted by the NICC, by written notice given to the person, from the requirement to obtain an approval under this Division, or
(b) held an exemption mentioned in paragraph (a) before it was revoked and it is not more than 28 days since the exemption was revoked, or
(c) is a close associate under an interim approval, or
(d) was a close associate under an interim approval before it was revoked and it is not more than 28 days since the interim approval was revoked.
For subsection (2)(a)—
(a) in deciding whether or not to grant an exemption, the NICC must have regard to the matters prescribed by the regulations, and
(b) an exemption may be granted subject to any conditions the NICC considers appropriate.
In this section—
An application for approval of a close associate must be made to the NICC.
The application must—
(a) be made in a form approved by the NICC, and
(b) be accompanied by the fee decided by the NICC for the application, and
(c) contain or be accompanied by any information—
(i) required by the approved form, or
(ii) otherwise requested by the NICC.
The application must be verified by statutory declaration.
Sections 14, 15, 17 and 18 apply, with any necessary changes, to an application for approval of a close associate under this Division as if it were an application for a licence.
While the NICC is considering an application by a person for approval to become a close associate of a casino operator, the NICC may issue the person with an interim approval as a close associate for the following purposes—
(a) to enable the person to start employment with the casino operator,
(b) to enable commercial negotiations to start or continue.
The NICC may, at any time and for any reason, revoke an interim approval.
An interim approval—
(a) stays in force until a decision about the application for approval of a close associate has been finally decided, unless earlier revoked by the NICC under subsection (2), and
(b) is not to be taken as an indication the person will be given approval to become a close associate of the casino operator.
The NICC must consider an application and decide to—
(a) grant the application and issue an approval (a
close associate approval ) to the person, with or without conditions or(b) refuse the application.
In deciding the application, the NICC must consider—
(a) whether the NICC is satisfied the person is a suitable person to be concerned in or associated with the management and operation of a casino, and
(b) any other matters the NICC considers relevant.
For subsection (2)(a), the NICC must consider whether—
(a) the person is of good repute, having regard to character, honesty and integrity, and
(b) the person is of sound and stable financial background, and
(c) the person has any business association with a person, body or association that, in the NICC’s opinion—
(i) is not of good repute, having regard to character, honesty and integrity, or
(ii) has undesirable or unsatisfactory financial sources, and
(d) each director, partner, trustee, executive officer and secretary, and any other officer or person decided by the NICC to be associated or connected with the ownership, administration or management of the operations or business of the person, is a suitable person to act in that capacity.
A close associate approval is subject to any conditions imposed by the NICC—
(a) at the time the close associate approval is issued, or
(b) at a later time and notified by the NICC to the close associate who holds the approval by written notice.
The NICC may, by written notice given to a close associate who holds a close associate approval, vary, substitute or revoke a condition of the approval—
(a) on the NICC’s own initiative, or
(b) on application by the close associate.
A close associate of a casino operator must, as soon as practicable after a substantial change occurs in the close associate’s state of affairs, give the NICC written notice about the change.
After receiving a notice under subsection (1), the NICC may, by written notice given to the close associate, require the close associate to do any of the following—
(a) give the NICC further information about the substantial change,
(b) take, or refrain from taking, specified action in relation to the substantial change within the time specified in the notice.
The close associate must comply with the notice.
Maximum penalty—
(a) for an individual—100 penalty units, or
(b) for a corporation—1,000 penalty units.
In this section—
This section applies to an investigation or inquiry conducted under this Division to determine the suitability of a person to become or remain a close associate of a casino operator.
The reasonable costs incurred by the NICC in conducting the investigation or inquiry are payable by the person to the NICC.
The costs may include—
(a) travel, whether within or outside the State, and
(b) expenses involved in engaging external legal, financial or other expert advice or assistance.
The NICC may require part or full payment in advance of the amount of costs it estimates will be payable by the person and may refuse to deal with the application until the required payment is made.
The NICC may take disciplinary action under section 23 against a close associate as if the person were a casino operator.
For subsection (1), sections 23–27 apply, with the following changes, to taking disciplinary action against the close associate as if the person were a casino operator—
(a) the reference in section 23(1), definition of
disciplinary action , paragraph (b), to “$100 million” were a reference to “$100 million for a corporation and $1,000,000 for an individual”, and(b) any other necessary changes.
A close associate approval continues until the earlier of the following occurs—
(a) the approval is revoked by the NICC,
(b) the holder of the approval or the casino operator advises the NICC the person is no longer a close associate of the casino operator.
This section applies if the NICC reasonably believes there may be grounds for revoking a close associate approval.
The NICC may, by written notice (a
The show cause notice must state—
(a) the grounds the NICC reasonably believes may exist for revoking the close associate approval, and
(b) that the close associate may make submissions to the NICC, in the way specified in the show cause notice, about why the close associate approval should not be revoked, and
(c) the period, not less than 21 days, in which the close associate may make the submissions.
The close associate may, in accordance with the show cause notice, make submissions to the NICC.
After considering any submissions made by the close associate in accordance with the show cause notice, the NICC must decide to—
(a) revoke the close associate approval, or
(b) continue the close associate approval.
It is a condition of an exemption granted under this Division to a close associate of a casino operator that the close associate must, by written notice given to the NICC, notify the NICC of the following—
(a) a change in the close associate’s circumstances which may affect the close associate’s control or influence over the casino operations, or
(b) another change in the close associate’s circumstances that may affect the close associate’s eligibility for the exemption, including a change prescribed by the regulations.
A notice under subsection (1) must be given to the NICC as soon as practicable, but not later than 5 days, after the close associate becomes aware of the change in the close associate’s circumstances.
This section applies if, after the NICC grants a close associate of a casino operator an exemption under this Division, the NICC proposes, after having regard to the matters prescribed by the regulations, to revoke the exemption.
The NICC may, by written notice given to the casino operator and close associate—
(a) advise the casino operator and close associate that the NICC proposes to revoke the exemption, and
(b) invite the casino operator and close associate to provide written submissions to the NICC within the period specified in the notice, not less than 14 days after the day the notice is given to the operator and associate, about why the exemption should not be revoked.
After considering any written submissions made under subsection (2)(b), the NICC must decide—
(a) to revoke the exemption, or
(b) not to revoke the exemption.
As soon as practicable after making its decision under subsection (3), the NICC must give written notice of the decision to the casino operator and close associate.
In this Part—
(a) is employed or working in a casino in a managerial capacity or who is authorised to make decisions, involving the exercise of his or her discretion, that regulate operations in a casino, or
(b) is employed or working in a casino in any capacity relating to any of the following activities—
• the conduct of gaming,
• the movement of money or chips about the casino,
• the exchange of money or chips to patrons in the casino,
• the counting of money or chips in the casino,
• the operation, maintenance, construction or repair of gaming equipment approved by the NICC under section 68,
• the supervision of any of the above activities,
• casino security,
• any other activity relating to operations in the casino that is prescribed for the purposes of this definition.
The regulations may exempt persons employed or working in a casino in any specified capacity from being special employees.
A special employee must hold both a licence and a certificate of competency for the functions that the special employee exercises. A licence authorises the holder of the licence to exercise in or in relation to a casino the functions for which the licensee holds a certificate of competency, subject to the functions being exercised in accordance with the provisions of this Act and the conditions of the licence.
A person must not exercise in or in relation to a casino any of the functions of a special employee except in accordance with the authority conferred on the person by a licence.
Maximum penalty—50 penalty units.
A casino operator must not—
(a) employ or use the services of a person to exercise any function of a special employee in or in relation to the casino, or
(b) allocate or permit or suffer to be allocated to a person the exercise of any function of a special employee in or in relation to the casino,
unless the person is authorised by a licence to exercise the function concerned.
Maximum penalty—1,000 penalty units.
Despite subsections (1)–(3), a special employee is not required to hold a licence if the employee holds a close associate approval.
The holder of a licence must at all times while exercising the functions of a special employee in a casino wear on his or her person so as to be clearly visible a form of identification issued in compliance with internal controls approved for the casino under section 124.
Maximum penalty—20 penalty units.
The NICC may exempt a person or a class of persons from the requirements of this section.
An application for a licence is to be lodged with the NICC in a form approved by the NICC and must be accompanied by—
(a) the fee prescribed by the regulations, and
(b) such documents (if any) as may be specified by the NICC or as the form of application requires accompany the application.
(c) (Repealed)
The information provided in and accompanying the application must be verified by statutory declaration.
The NICC may require the applicant to consent to having his or her photograph, finger prints and palm prints taken and may refuse to consider the application if the applicant refuses to allow his or her photograph, finger prints or palm prints to be taken.
The NICC may refer to the Commissioner of Police details of the applicant, copies of any photographs, finger prints and palm prints taken and any supporting information that the NICC considers appropriate for referral to the Commissioner.
The Commissioner of Police is to inquire into and report to the NICC on such matters concerning the application as the NICC may request.
An application for a licence may not be made by a person who is under the age of 18 years or is a person within a class of persons prescribed as being ineligible to apply for a licence.
Despite Part 9A, the Minister, may by written instrument, appoint a person who was a member of the Authority immediately before the commencement of this clause as the Chief Commissioner or another Commissioner of the NICC.
A person appointed under subclause (1) as the Chief Commissioner or another Commissioner holds office—
(a) for the remainder of the term of office that applied to the person’s appointment as a member of the Authority, unless the appointment is sooner revoked under this Act, and
(b) subject to the other terms of the person’s appointment as a member of the Authority.
This clause applies if, before the commencement of the Amendment Act, Schedule 1[96], regulatory action was taken against a casino operator.
Section 156, as in force on and from the commencement, applies in relation to the regulatory action as if it had been taken after the commencement.
In this clause—
This clause applies if—
(a) immediately before the commencement of the Amendment Act, an approval granted by the Authority, including an approval of a close associate or a controlled contract, was in force, and
(b) after the commencement an approval of that type may be granted by the NICC.
From the commencement, the approval continues, subject to the same terms and conditions, as if it had been granted by the NICC.
Casino Control Act 1992 No 15. Assented to 7.5.1992. Date of commencement, 15.5.1992, sec 2 and GG No 60 of 15.5.1992, p 3292. This Act has been amended as follows—
No 87 | Legal Profession Reform Act 1993. Assented to 29.11.1993. Date of commencement of Sch 5, 17.12.1993, sec 2 and GG No 138 of 17.12.1993, p 7277. | |
No 11 | Statute Law Revision (Local Government) Act 1995. Assented to 9.6.1995. Date of commencement of the provision of Sch 1 relating to the Casino Control Act 1992, 23.6.1995, sec 2 (1) and GG No 77 of 23.6.1995, p 3279. | |
No 56 | Casino Control Amendment Act 1995. Assented to 30.11.1995. Date of commencement, 1.1.1996, sec 2 and GG No 152 of 15.12.1995, p 8497. | |
No 10 | Casino Control Amendment (Cheques) Act 1996. Assented to 5.6.1996. Date of commencement, 1.7.1996, sec 2 and GG No 77 of 28.6.1996, p 3282. | |
No 24 | Financial Institutions (Miscellaneous Amendments) Act 1996. Assented to 21.6.1996. Date of commencement, 12.7.1996, sec 2 and GG No 84 of 12.7.1996, p 3984. | |
No 121 | Statute Law (Miscellaneous Provisions) Act (No 2) 1996. Assented to 3.12.1996. Date of commencement of Sch 1.1, assent, sec 2 (2); date of commencement of Sch 4.9, 4 months after assent, sec 2 (4). | |
No 137 | Casino Control Amendment Act 1997. Assented to 17.12.1997. Date of commencement, Sch 1 [4] and [8] excepted, 14.1.1998, sec 2 and GG No 6 of 14.1.1998, p 277; date of commencement of Sch 1 [4] and [8], 1.2.1998, sec 2 and GG No 6 of 14.1.1998, p 277. | |
No 113 | Unlawful Gambling Act 1998. Assented to 9.11.1998. Date of commencement, 1.3.1999, sec 2 (1) and GG No 25 of 26.2.1999, p 979. | |
No 120 | Statute Law (Miscellaneous Provisions) Act (No 2) 1998. Assented to 26.11.1998. Date of commencement of Sch 1.5, assent, sec 2 (2). | |
No 49 | Gambling Legislation Amendment (Responsible Gambling) Act 1999. Assented to 2.11.1999. Date of commencement of Sch 1 [1], 9.11.2001, sec 2 and GG No 173 of 9.11.2001, p 9072; date of commencement of Sch 1 [2]–[5], 10.12.1999, sec 2 and GG No 139 of 10.12.1999, p 11757; date of commencement of Sch 1 [6], 14.4.2000, sec 2 and GG No 46 of 14.4.2000, p 3199. | |
No 94 | Crimes Legislation Amendment (Sentencing) Act 1999. Assented to 8.12.1999. Date of commencement of Sch 4.78, 1.1.2000, sec 2 (1) and GG No 144 of 24.12.1999, p 12184. | |
No 13 | Gambling Legislation Amendment (Gaming Machine Restrictions) Act 2000. Assented to 9.5.2000. Date of commencement, assent, sec 2. | |
No 57 | Casino Control Amendment Act 2000. Assented to 5.7.2000. Date of commencement, 1.8.2000, sec 2 and GG No 93 of 21.7.2000, p 6456. | |
No 27 | Casino Control Amendment Act 2001. Assented to 27.6.2001. Date of commencement, 1.7.2001, sec 2 and GG No 103 of 29.6.2001, p 4436. | |
No 80 | Apprenticeship and Traineeship Act 2001. Assented to 1.11.2001. Date of commencement, 1.1.2002, sec 2 and GG No 196 of 21.12.2001, p 10436. | |
No 93 | Local Government and Environmental Planning and Assessment Amendment (Transfer of Functions) Act 2001. Assented to 6.12.2001. Date of commencement of Sch 3.2, 26.10.2007, sec 2 (1) and GG No 132 of 28.9.2007, p 7325. | |
No 121 | Justices Legislation Repeal and Amendment Act 2001. Assented to 19.12.2001. Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978. | |
No 127 | Gaming Machines Act 2001. Assented to 19.12.2001. Date of commencement of Sch 4 [1] [2] and [4], 2.4.2002, sec 2 and GG No 67 of 28.3.2002, p 1834; date of commencement of Sch 4 [3], 2.7.2002, sec 2 and GG No 67 of 28.3.2002, p 1834. | |
No 18 | Gaming Machines Amendment Act 2002. Assented to 16.5.2002. Date of commencement of Sch 2, 1.6.2002, sec 2 and GG No 92 of 31.5.2002, p 3320. | |
No 103 | Law Enforcement (Powers and Responsibilities) Act 2002. Assented to 29.11.2002. Date of commencement of Sch 4, 1.12.2005, sec 2 and GG No 45 of 15.4.2005, p 1356. | |
No 112 | Statute Law (Miscellaneous Provisions) Act (No 2) 2002. Assented to 29.11.2002. Date of commencement of Sch 1.2, assent, sec 2 (3). | |
No 13 | Australian Crime Commission (New South Wales) Act 2003. Assented to 30.6.2003. Date of commencement of Sch 1.2, assent, sec 2 (1). | |
No 78 | Gaming Machines Amendment Act 2005. Assented to 26.10.2005. Date of commencement of Sch 2 [1] and [7], 18.11.2005, sec 2 and GG No 140 of 18.11.2005, p 9403; date of commencement of Sch 2 [2]–[6] and [8], 1.1.2006, sec 2 and GG No 157 of 16.12.2005, p 10877. | |
No 2 | Public Sector Employment Legislation Amendment Act 2006. Assented to 13.3.2006. Date of commencement, 17.3.2006, sec 2 and GG No 35 of 17.3.2006, p 1378. | |
No 30 | Legal Profession Amendment Act 2006. Assented to 26.5.2006. Date of commencement of Sch 9, 2.6.2006, sec 2 and GG No 72 of 2.6.2006, p 3730. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2007. Assented to 4.7.2007. Date of commencement of Sch 2, assent, sec 2 (2). | |
No 92 | Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Sch 1 [5], 30.5.2008, sec 2 and GG No 61 of 30.5.2008, p 4021; date of commencement of Sch 1 [1]–[4] and [6]–[27], 1.7.2008, sec 2 and GG No 76 of 27.6.2008, p 5867. | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Sch 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 48 | Casino Control Amendment Act 2009. Assented to 26.6.2009. Date of commencement, assent, sec 2. | |
No 16 | Casino Control Amendment Act 2010. Assented to 18.5.2010. Date of commencement, assent, sec 2. | |
No 40 | Weapons and Firearms Legislation Amendment Act 2010. Assented to 15.6.2010. Date of commencement, 9.7.2010, sec 2 and 2010 (351) LW 9.7.2010. | |
No 62 | Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011. Date of commencement of Sch 3, 6.1.2012, sec 2 (1). | |
No 72 | Clubs, Liquor and Gaming Machines Legislation Amendment Act 2011. Assented to 28.11.2011. Date of commencement of Sch 5.1, 1.3.2012, sec 2 (1) and 2012 (64) LW 1.3.2012. | |
No 30 | Casino Control Amendment (Supervisory Levy) Act 2013. Assented to 3.6.2013. Date of commencement, assent, sec 2. | |
No 100 | Casino Control Amendment (Barangaroo Restricted Gaming Facility) Act 2013. Assented to 27.11.2013. Date of commencement, assent, sec 2. | |
No 56 | Gaming and Liquor Administration Amendment Act 2015. Assented to 19.11.2015. Date of commencement of Sch 2, 1.2.2016, sec 2 and 2016 (45) LW 29.1.2016. | |
No 61 | Law Enforcement Conduct Commission Act 2016. Assented to 14.11.2016. Date of commencement of Sch 6.1, 1.7.2017, sec 2 (1) and 2017 (256) LW 16.6.2017. | |
No 20 | Liquor Amendment (Reviews) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 2.1 [1]–[7], 1.7.2017, sec 2 (2) (b); date of commencement of Sch 2.1 [8], 1.10.2017, sec 2 (1) and 2017 (545) LW 29.9.2017. | |
No 63 | Statute Law (Miscellaneous Provisions) Act (No 2) 2017. Assented to 23.11.2017. Date of commencement of Sch 3, 14 days after assent, sec 2 (1). | |
No 7 | Liquor and Gaming Legislation Amendment Act 2018. Assented to 21.3.2018. Date of commencement of Sch 1.3, 3.4.2018, sec 2 and 2018 (112) LW 29.3.2018. | |
No 8 | Casino Control Amendment Act 2018. Assented to 21.3.2018. Date of commencement of Sch 1 [2]–[12] [14] [15] [20]–[23] [26] [27] [30]–[33] [35]–[39] [41] [42] [50] [51] and [56], 31.8.2018, sec 2 and 2018 (461) LW 24.8.2018; date of commencement of Sch 1 [1] [13] [16]–[19] [24] [25] [29] [34] [40] [43] [44] [49] and [52]–[55], 21.12.2018, sec 2 and 2018 (734) LW 14.12.2018; date of commencement of Sch 1[28], 1.7.2020, sec 2 and 2020 (297) LW 26.6.2020; date of commencement of Sch 1[45]–[48]: not in force. Sch 1 [38] to the extent that it amends sec 79 (4) was without effect as the provision being amended was amended by the Liquor and Gaming Legislation Amendment Act 2018. | |
No 9 | Gaming Machines Amendment (Leasing and Assessment) Act 2018. Assented to 21.3.2018. Date of commencement, 3.4.2018, sec 2 and 2018 (111) LW 29.3.2018. | |
No 60 | Community Gaming Act 2018. Assented to 26.10.2018. Date of commencement, 1.7.2020, sec 2 and 2020 (298) LW 26.6.2020. | |
No 68 | Statute Law (Miscellaneous Provisions) Act (No 2) 2018. Assented to 31.10.2018. Date of commencement of Sch 1.1, 8.1.2019, sec 2 (1). | |
No 20 | Casino Control Amendment (Inquiries) Act 2020. Assented to 7.9.2020. Date of commencement, assent, sec 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of Sch 3, assent, sec 2(1). | |
No 32 | Customer Service Legislation Amendment Act 2021. Assented to 29.11.2021. Date of commencement of Sch 1.1, assent, sec 2(1). | |
No 36 | Casino Legislation Amendment Act 2022. Assented to 19.8.2022. Date of commencement, except Sch 1[60], to the extent it inserts sec 71A, and [62], 5.9.2022, sec 2(b); date of commencement of Sch 1[60], to the extent it inserts sec 71A, and [62], 2 years after assent (i.e. 20.8.24), sec 2(a)(ii). | |
No 59 | Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.22. Date of commencement, 13.1.2023, sec 2. | |
No 7 | Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. | |
No 35 | Statute Law (Miscellaneous Provisions) Act (No 2) 2023. Assented to 30.10.2023. Date of commencement of Sch 1.3, assent, sec 2(c). | |
No 46 | Casino Control Amendment Act 2023. Assented to 11.12.2023. Date of commencement of Sch 1[1] [2] and [5], assent, sec 2(b); date of commencement of Sch 1[3] and [4], 5.9.2023, sec 2(a). |
Long title | Am 2007 No 92, Sch 1 [1]; 2013 No 100, Sch 1 [1]. |
Sec 1 | Am 2007 No 92, Sch 1 [2]; 2011 No 72, Sch 5.1 [1]. |
Sec 3 | Am 2000 No 57, Sch 1 [1]; 2001 No 27, Sch 1 [1]–[3]; 2007 No 27, Sch 2.5; 2007 No 92, Sch 1 [3] [4]; 2009 No 48, Sch 1 [1]; 2011 No 72, Sch 5.1 [1] [2]; 2013 No 100, Sch 1 [2]–[5]; 2017 No 20, Sch 2.1 [1]; 2018 No 8, Sch 1 [1]; 2020 No 30, Sch 3.9; 2022 No 36, Sch 1[1] [2]; 2022 No 59, Sch 3.8. |
Sec 3A | Ins 2022 No 36, Sch 1[3]. |
Sec 4 | Am 1998 No 113, Sch 2.3 [1]; 2013 No 100, Sch 1 [6] [7]; 2018 No 60, Sch 2.1. |
Sec 4A | Ins 2001 No 27, Sch 2 [1]. Am 2022 No 36, Sch 1[4] [5]. |
Sec 4B | Ins 2022 No 36, Sch 1[6]. |
Sec 5 | Rep 2022 No 36, Sch 1[7]. |
Sec 5A | Ins 2013 No 100, Sch 1 [8]. Rep 2022 No 36, Sch 1[7]. |
Part 2, heading | Am 2013 No 100, Sch 1 [9]. |
Sec 6 | Am 2013 No 100, Sch 1 [10] [11]. Subst 2022 No 36, Sch 1[8]. |
Sec 8 | Am 1997 No 137, Sch 1 [1] [2]; 2007 No 92, Sch 1 [5]; 2022 No 36, Sch 1[9]. |
Sec 13 | Rep 2007 No 92, Sch 1 [6]. Ins 2013 No 100, Sch 1 [12]. |
Sec 13A | Ins 2013 No 100, Sch 1 [12]. |
Sec 14 | Am 2001 No 27, Sch 1 [4]; 2013 No 100, Sch 1 [13] [14]; 2022 No 36, Sch 1[10]. |
Sec 15 | Am 2013 No 100, Sch 1 [13]; 2022 No 36, Sch 1[11]. |
Sec 16 | Am 2001 No 27, Sch 1 [5]; 2013 No 100, Sch 1 [13]; 2017 No 20, Sch 2.1 [2]; 2022 No 36, Sch 1[12]. |
Sec 17 | Am 2013 No 100, Sch 1 [13]; 2022 No 36, Sch 1[13] [14]. |
Sec 18 | Am 2013 No 100, Sch 1 [15]. |
Sec 19 | Am 2001 No 27, Sch 2 [2]; 2009 No 48, Sch 1 [2] [3]; 2013 No 100, Sch 1 [16]. |
Sec 19A | Ins 2013 No 100, Sch 1 [17]. |
Sec 22 | Am 2013 No 100, Sch 1 [18]–[20]; 2022 No 36, Sch 1[15] [16]. |
Sec 22A | Ins 2013 No 100, Sch 1 [21]. Am 2022 No 36, Sch 1[17]–[19]. |
Sec 22B | Ins 2013 No 100, Sch 1 [21]. |
Sec 22C | Ins 2022 No 36, Sch 1[20]. Am 2023 No 35, Sch 1.3[1]. |
Sec 23 | Am 1995 No 56, Sch 1 [1]; 2006 No 30, Sch 9.4; 2022 No 36, Sch 1[21]–[24]. |
Sec 26 | Am 2017 No 20, Sch 2.1 [3]. |
Sec 26A | Ins 2022 No 36, Sch 1[25]. |
Part 3, heading | Am 2022 No 36, Sch 1[26]. |
Sec 31 | Am 2009 No 48, Sch 1 [4]; 2013 No 100, Sch 1 [22]. Subst 2018 No 8, Sch 1 [2]. Am 2022 No 36, Sch 1[27]. |
Sec 33 | Am 2022 No 36, Sch 1[28]. |
Sec 34 | Am 2022 No 36, Sch 1[29] [30]. |
Sec 35 | Am 2022 No 36, Sch 1[31]–[33]; 2023 No 46, Sch 1[1] [2]. |
Sec 35A | Ins 1997 No 137, Sch 1 [3]. Am 2001 No 27, Sch 1 [6]; 2017 No 20, Sch 2.1 [4] [5]; 2022 No 36, Sch 1[34] [35]. |
Sec 36 | Am 2010 No 16, Sch 1 [1]; 2018 No 8, Sch 1 [3]; 2022 No 36, Sch 1[36]. |
Sec 37 | Subst 1995 No 56, Sch 1 [2]. Am 2022 No 36, Sch 1[37] [38]. |
Sec 37A | Ins 1995 No 56, Sch 1 [2]. Rep 2010 No 16, Sch 1 [2]. Ins 2022 No 36, Sch 1[39]. Am 2023 No 35, Sch 1.3[2]. |
Sec 37B | Ins 2022 No 36, Sch 1[39]. Am 2023 No 7, Sch 2.2[1]. |
Sec 38 | Am 2022 No 36, Sch 1[40]. |
Sec 41 | Am 2022 No 36, Sch 1[41]. |
Sec 42 | Am 2010 No 16, Sch 1 [3]. |
Part 3, Div 3 | Ins 2022 No 36, Sch 1[42]. |
Sec 42A | Ins 2022 No 36, Sch 1[42]. Am 2023 No 7, Sch 2.2[2]. |
Sec 42B | Ins 2022 No 36, Sch 1[42]. |
Sec 42C | Ins 2022 No 36, Sch 1[42]. |
Sec 42D | Ins 2022 No 36, Sch 1[42]. Am 2023 No 35, Sch 1.3[3]. |
Sec 42E | Ins 2022 No 36, Sch 1[42]. |
Sec 42F | Ins 2022 No 36, Sch 1[42]. |
Sec 42G | Ins 2022 No 36, Sch 1[42]. |
Sec 42H | Ins 2022 No 36, Sch 1[42]. Am 2023 No 35, Sch 1.3[4]. |
Sec 42I | Ins 2022 No 36, Sch 1[42]. |
Sec 42J | Ins 2022 No 36, Sch 1[42]. |
Sec 42K | Ins 2022 No 36, Sch 1[42]. Am 2023 No 7, Sch 2.2[3]. |
Sec 42L | Ins 2022 No 36, Sch 1[42]. Am 2023 No 35, Sch 1.3[5]. |
Sec 43 | Am 2009 No 48, Sch 1 [5]; 2010 No 16, Sch 1 [4]. |
Sec 44 | Subst 2010 No 16, Sch 1 [5]. Am 2022 No 36, Sch 1[43] [44]. |
Sec 45 | Am 2018 No 8, Sch 1 [4]. |
Sec 46 | Am 2010 No 16, Sch 1 [6] [7]; 2018 No 8, Sch 1 [5] [6]. |
Sec 47 | Am 2010 No 16, Sch 1 [8] [9]; 2022 No 36, Sch 1[45]. |
Sec 50 | Subst 2001 No 27, Sch 1 [7]. |
Sec 51 | Am 2001 No 27, Sch 1 [8]; 2017 No 20, Sch 2.1 [6]. |
Sec 52 | Am 2001 No 27, Sch 1 [9]; 2010 No 16, Sch 1 [10]–[12]; 2018 No 8, Sch 1 [7] [8]. |
Sec 55 | Am 1997 No 137, Sch 1 [4]; 2009 No 48, Sch 1 [6]; 2018 No 8, Sch 1 [9] [10]. |
Sec 56 | Am 2018 No 8, Sch 1 [11]. |
Sec 57 | Rep 2010 No 16, Sch 1 [13]. |
Sec 59 | Am 1995 No 56, Sch 1 [3]; 1999 No 94, Sch 4.78 [1]; 2001 No 27, Sch 1 [10]–[13]; 2006 No 30, Sch 9.4; 2010 No 16, Sch 1 [14]; 2018 No 8, Sch 1 [12]; 2022 No 36, Sch 1[46] [47]; 2023 No 35, Sch 1.3[6]. |
Sec 62 | Am 2009 No 48, Sch 1 [7]; 2022 No 36, Sch 1[48]. |
Sec 63 | Am 2018 No 7, Sch 1.3 [1]. |
Sec 64 | Am 1999 No 49, Sch 1 [1]. Subst 2010 No 16, Sch 1 [15]. Am 2022 No 36, Sch 1[49]–[54]. |
Sec 64A | Ins 2013 No 100, Sch 1 [23]. |
Sec 65 | Am 2009 No 48, Sch 1 [8] [9]; 2013 No 100, Sch 1 [24]. Subst 2018 No 8, Sch 1 [13]. Am 2022 No 36, Sch 1[55]. |
Sec 66 | Am 2000 No 57, Sch 1 [2] [3]; 2009 No 48, Sch 1 [10]; 2010 No 40, Sch 3.2; 2013 No 100, Sch 1 [25] [26]; 2018 No 8, Sch 1 [14]. |
Sec 67 | Am 2013 No 100, Sch 1 [27]. Rep 2018 No 8, Sch 1 [15]. |
Sec 69 | Am 2001 No 27, Sch 1 [14]. |
Sec 70 | Am 1996 No 24, Sch 1; 2000 No 57, Sch 1 [4]–[6]; 2001 No 127, Sch 4 [1]; 2010 No 16, Sch 1 [16]–[23]; 2018 No 8, Sch 1 [16]–[19]; 2022 No 36, Sch 1[56]–[58]; 2023 No 35, Sch 1.3[7]. |
Sec 70A | Ins 2001 No 127, Sch 4 [2]. Am 2022 No 36, Sch 1[59]. |
Sec 71 | Am 2013 No 100, Sch 1 [28]. Rep 2018 No 8, Sch 1 [20]. Ins 2022 No 36, Sch 1[60]. |
Sec 71A | Ins 2022 No 36, Sch 1[60]. |
Sec 72 | Am 2000 No 57, Sch 1 [7]–[9]; 2009 No 48, Sch 1 [11]; 2018 No 8, Sch 1 [21]–[23]. |
Sec 72A | Ins 2001 No 127, Sch 4 [3]. Am 2002 No 112, Sch 1.2 [1]–[3]; 2005 No 78, Sch 2 [1]; 2022 No 36, Sch 1[61]. |
Sec 73A | Ins 2022 No 36, Sch 1[62]. |
Sec 74 | Am 2013 No 100, Sch 1 [29]; 2018 No 8, Sch 1 [24]–[29]; 2022 No 36, Sch 1[63]–[65]. |
Sec 75 | Am 1996 No 10, Sch 1 [1]–[4]; 1998 No 113, Sch 2.3 [2]; 2009 No 48, Sch 1 [12]; 2018 No 8, Sch 1 [30]–[33]. |
Sec 76 | Am 1999 No 49, Sch 1 [2]; 2001 No 27, Sch 2 [3]; 2010 No 16, Sch 1 [24]; 2018 No, 8, Sch 1 [34]; 2022 No 36, Sch 1[66]–[71]; 2023 No 35, Sch 1.3[8]. |
Sec 76A | Ins 2001 No 127, Sch 4 [4]. Am 2002 No 18, Sch 2.1 [1]–[4]. Rep 2007 No 92, Sch 1 [7]. Ins 2022 No 36, Sch 1[72]. Am 2023 No 35, Sch 1.3[9] [10]. |
Sec 76B | Ins 2022 No 36, Sch 1[72]. |
Sec 77 | Am 2022 No 36, Sch 1[73]. |
Sec 78 | Am 2001 No 27, Sch 1 [15]. |
Sec 79 | Am 2001 No 27, Sch 1 [16] [17]; 2010 No 16, Sch 1 [25]; 2018 No 7, Sch 1.3 [2]; 2018 No 8, Sch 1 [35]–[38]; 2022 No 36, Sch 1[74]. |
Sec 80 | Am 1999 No 49, Sch 1 [3]; 2001 No 27, Schs 1 [18]–[20], 2 [4] [5]; 2018 No 7, Sch 1.3 [3]–[7]. |
Sec 81 | Am 1997 No 137, Sch 1 [5]; 2001 No 27, Sch 2 [6]; 2010 No 16, Sch 1 [26]; 2018 No 8, Sch 1 [39] [40]. |
Sec 81A | Ins 2010 No 16, Sch 1 [27]. |
Sec 82 | Am 1999 No 49, Sch 1 [4]; 2018 No 8, Sch 1 [41]; 2022 No 36, Sch 1[75]. |
Sec 83 | Am 2000 No 57, Sch 1 [10] [11]; 2001 No 27, Sch 1 [21] [22]; 2018 No 8, Sch 1 [42]. |
Sec 84 | Am 1999 No 49, Sch 1 [5]; 2000 No 57, Sch 1 [12] [13]; 2001 No 27, Sch 2 [7]. |
Sec 84A | Ins 2022 No 36, Sch 1[76]. |
Sec 85 | Am 2000 No 57, Sch 1 [14]; 2010 No 16, Sch 1 [28]; 2018 No 8, Sch 1 [43]; 2022 No 36, Sch 1[77]. |
Sec 85A | Ins 2010 No 16, Sch 1 [29]. |
Sec 86A | Ins 2018 No 8, Sch 1 [44]. Am 2022 No 36, Sch 1[78]. |
Sec 87 | Am 2000 No 57, Sch 1 [15] [16]. |
Sec 89 | Am 2007 No 92, Sch 1 [8]; 2013 No 100, Sch 1 [30]; 2021 No 32, Sch 1.1[1]. |
Sec 89A | Ins 2013 No 100, Sch 1 [31]. |
Sec 90 | Am 1995 No 11, Sch 1; 2001 No 93, Sch 3.2. Rep 2013 No 100, Sch 1 [32]. Ins 2018 No 8, Sch 1 [49]. Am 2022 No 36, Sch 1[79]. |
Sec 93 | Am 2009 No 48, Sch 1 [13]. |
Sec 94 | Am 2000 No 57, Sch 1 [17]; 2018 No 8, Sch 1 [50] [51]; 2022 No 36, Sch 1[80]. |
Sec 95 | Am 2022 No 36, Sch 1[81]. |
Sec 96 | Am 2001 No 121, Sch 2.29 [1]. |
Sec 97 | Am 2009 No 48, Sch 1 [13]. |
Sec 101 | Am 1996 No 121, Sch 1.1; 2001 No 80, Sch 3.1. |
Part 7 | Rep 2007 No 92, Sch 1 [9]. |
Part 7, Div 1 (secs 102–104) | Rep 2001 No 27, Sch 1 [23]. |
Part 7, Div 2 | Rep 2007 No 92, Sch 1 [9]. |
Sec 105 | Rep 2007 No 92, Sch 1 [9]. |
Sec 106 | Am 2001 No 27, Sch 1 [24]. Rep 2007 No 92, Sch 1 [9]. |
Secs 107, 108 | Rep 2007 No 92, Sch 1 [9]. |
Sec 109 | Am 2001 No 27, Sch 1 [25]. Rep 2007 No 92, Sch 1 [9]. |
Sec 110 | Am 2000 No 57, Sch 1 [18]; 2001 No 27, Schs 1 [26], 2 [8]. Rep 2007 No 92, Sch 1 [9]. |
Sec 111 | Am 2001 No 27, Sch 1 [27]. Rep 2007 No 92, Sch 1 [9]. |
Sec 112 | Am 2002 No 103, Sch 4.4 [1]–[3]. Rep 2007 No 92, Sch 1 [9]. |
Sec 113 | Am 2000 No 57, Sch 1 [19]. Rep 2007 No 92, Sch 1 [9]. |
Part 8, heading | Am 2005 No 78, Sch 2 [2]. Subst 2013 No 30, Sch 1 [1]. |
Sec 114 | Am 2017 No 20, Sch 2.1 [3]. |
Sec 115 | Am 2000 No 13, Sch 3; 2005 No 78, Sch 2 [3]–[6]; 2017 No 20, Sch 2.1 [3]; 2018 No 8, Sch 1 [52]; 2018 No 9, Sch 4 [1]; 2018 No 68, Sch 1.1 [1]–[3]. |
Sec 115A | Ins 2013 No 30, Sch 1 [2]. Am 2017 No 20, Sch 2.1 [3]; 2022 No 36, Sch 1[82] [83]. |
Sec 115AB | Ins 2022 No 36, Sch 1[84]. |
Sec 115B | Ins 2018 No 9, Sch 4 [2]. |
Sec 115C | Ins 2022 No 36, Sch 1[85]. |
Sec 117 | Am 2005 No 78, Sch 2 [3]; 2013 No 30, Sch 1 [3]. |
Sec 119 | Am 2005 No 78, Sch 2 [3]; 2013 No 30, Sch 1 [4]; 2017 No 20, Sch 2.1 [3]; 2018 No 8, Sch 1 [53]. |
Sec 121 | Am 2017 No 20, Sch 2.1 [3]. |
Sec 122 | Am 2022 No 36, Sch 1[86]. |
Sec 124 | Am 2001 No 27, Sch 2 [9]; 2010 No 16, Sch 1 [30]; 2018 No 8, Sch 1 [54] [55]; 2022 No 36, Sch 1[87] [88]. |
Sec 125 | Am 1996 No 24, Sch 1; 2000 No 57, Sch 1 [20]. Rep 2009 No 48, Sch 1 [14]. Ins 2022 No 36, Sch 1[89]. |
Sec 126 | Am 1996 No 24, Sch 1; 2001 No 27, Sch 1 [28]; 2009 No 48, Sch 1 [15] [16]; 2022 No 36, Sch 1[90]. |
Sec 130A | Ins 2022 No 36, Sch 1[91]. |
Sec 131A | Ins 2022 No 36, Sch 1[92]. |
Part 9A | Ins 2022 No 36, Sch 1[93]. |
Part 9A, Div 1 |
Ins 2022 No 36, Sch 1[93]. | |
Sec 133 | Rep 2007 No 92, Sch 1 [11]. Ins 2022 No 36, Sch 1[93]. |
Sec 134 | Am 1998 No 120, Sch 1.5 [1]. Rep 2007 No 92, Sch 1 [11]. Ins 2022 No 36, Sch 1[93]. |
Sec 135 | Am 1993 No 87, Sch 5; 2000 No 57, Sch 1 [21]; 2006 No 30, Sch 9.4. Rep 2007 No 92, Sch 1 [11]. Ins 2022 No 36, Sch 1[93]. |
Part 9A, Div 2 | Ins 2022 No 36, Sch 1[93]. |
Sec 136 | Am 2001 No 27, Schs 1 [29]–[31], 2 [10]–[14]. Rep 2007 No 92, Sch 1 [11]. Ins 2022 No 36, Sch 1[93]. Am 2022 No 59, Sch 2.3[1]. |
Sec 137 | Rep 2007 No 92, Sch 1 [11]. Ins 2022 No 36, Sch 1[93]. |
Sec 137A | Ins 2022 No 36, Sch 1[93]. Am 2023 No 35, Sch 1.3[11]. |
Sec 138 | Rep 2007 No 92, Sch 1 [11]. Ins 2022 No 36, Sch 1[93]. |
Part 9A, Div 3 | Ins 2022 No 36, Sch 1[93]. |
Sec 139 | Rep 2007 No 92, Sch 1 [11]. Ins 2022 No 36, Sch 1[93]. |
Sec 139A | Ins 2022 No 36, Sch 1[93]. |
Part 9A, Div 4 | Ins 2022 No 36, Sch 1[93]. |
Sec 139B | Ins 2022 No 36, Sch 1[93]. |
Part 9A, Div 5 | Ins 2022 No 36, Sch 1[93]. |
Sec 139C | Ins 2022 No 36, Sch 1[93]. |
Sec 139D | Ins 2022 No 36, Sch 1[93]. |
Part 9A, Div 6 | Ins 2022 No 36, Sch 1[93]. |
Sec 139E | Ins 2022 No 36, Sch 1[93]. Am 2023 No 35, Sch 1.3[12] [13]. |
Sec 139EA | Ins 2022 No 36, Sch 1[93]. |
Sec 139F | Ins 2022 No 36, Sch 1[93]. Am 2023 No 35, Sch 1.3[14]. |
Sec 139G | Ins 2022 No 36, Sch 1[93]. |
Sec 139H | Ins 2022 No 36, Sch 1[93]. |
Sec 139I | Ins 2022 No 36, Sch 1[93]. |
Sec 139J | Ins 2022 No 36, Sch 1[93]. |
Sec 139K | Ins 2022 No 36, Sch 1[93]. |
Sec 139L | Ins 2022 No 36, Sch 1[93]. Am 2023 No 35, Sch 1.3[15]. |
Part 9A, Div 7 | Ins 2022 No 36, Sch 1[93]. |
Sec 139M | Ins 2022 No 36, Sch 1[93]. |
Part 10, heading | Am 2007 No 92, Sch 1 [10]. |
Sec 140 | Am 2000 No 57, Sch 1 [22]; 2007 No 92, Sch 1 [12]; 2022 No 36, Sch 1[94]. |
Sec 141 | Am 2001 No 27, Sch 1 [32] [33]; 2006 No 2, Sch 4.7 [1]; 2007 No 92, Sch 1 [13]–[16]; 2009 No 48, Sch 1 [17]; 2015 No 56, Sch 2 [1]. |
Sec 142 | Am 2013 No 100, Sch 1 [33]; 2022 No 36, Sch 1[95]. |
Sec 143 | Am 1995 No 56, Sch 1 [4]–[8]; 2007 No 92, Sch 1 [17]; 2022 No 36, Sch 1[96]. |
Sec 143A | Ins 2001 No 27, Sch 2 [15]. Am 2006 No 30, Sch 9.4; 2020 No 20, Sch 1[1]–[4]. |
Secs 143B, 143C | Ins 2001 No 27, Sch 2 [15]. |
Sec 144 | Rep 2007 No 92, Sch 1 [11]. |
Sec 145 | Am 2001 No 27, Sch 1 [34]; 2006 No 2, Sch 4.7 [2] [3]. Rep 2007 No 92, Sch 1 [11]. |
Sec 146 | Am 2001 No 27, Sch 1 [35] [36]. Rep 2007 No 92, Sch 1 [11]. |
Sec 147 | Am 2001 No 27, Sch 1 [37]. Rep 2007 No 92, Sch 1 [11]. |
Sec 148 | Am 2001 No 27, Sch 2 [16]–[20]; 2003 No 13, Sch 1.2 [1]. Rep 2007 No 92, Sch 1 [11]. |
Sec 149 | Am 2003 No 13, Sch 1.2 [2]; 2007 No 92, Sch 1 [18]; 2011 No 62, Sch 3.3; 2011 No 72, Sch 5.1 [1]; 2016 No 61, Sch 6.1; 2022 No 36, Sch 1[97]. |
Sec 150 | Am 1999 No 94, Sch 4.78 [2]; 2007 No 92, Sch 1 [19]. |
Secs 151–153 | Rep 2007 No 92, Sch 1 [11]. |
Sec 154 | Am 2007 No 92, Sch 1 [20] [21]; 2010 No 16, Sch 1 [31]. Rep 2022 No 36, Sch 1[98]. |
Sec 156 | Am 2013 No 100, Sch 1 [34]. Subst 2022 No 36, Sch 1[99]. Am 2023 No 46, Sch 1[3] [4]. |
Sec 157 | Am 2001 No 27, Sch 1 [38]. Rep 2007 No 92, Sch 1 [11]. Ins 2023 No 46, Sch 1[5]. |
Sec 158 | Am 2007 No 92, Sch 1 [22]. |
Sec 161 | Rep 2007 No 92, Sch 1 [11]. |
Sec 163 | Am 2022 No 36, Sch 1[100]. |
Sec 164 | Rep 2007 No 92, Sch 1 [11]. Ins 2010 No 16, Sch 1 [32]. |
Sec 165 | Rep 2007 No 92, Sch 1 [11]. |
Sec 166 | Am 2001 No 27, Sch 1 [39]. |
Sec 166A | Ins 2017 No 20, Sch 2.1 [7] |
Sec 167 | Subst 2022 No 36, Sch 1[101]. |
Sec 167A | Ins 2022 No 36, Sch 1[101]. |
Sec 168 | Am 2001 No 27, Sch 1 [40]; 2001 No 121, Sch 2.29 [2]; 2007 No 94, Sch 2; 2015 No 56, Sch 2 [2] [3]; 2017 No 20, Sch 2.1 [8]; 2022 No 36, Sch 1[102]. |
Sec 168A | Ins 2000 No 57, Sch 1 [23]. Am 2001 No 27, Sch 1 [41]; 2010 No 16, Sch 1 [33]. Subst 2017 No 63, Sch 3.1. |
Sec 169A | Ins 1999 No 49, Sch 1 [6]. Am 2022 No 36, Sch 1[103]. |
Sec 169B | Ins 2022 No 36, Sch 1[104]. |
Sec 170 | Am 2021 No 32, Sch 1.1[2]; 2022 No 36, Sch 1[105]. |
Sec 170A | Ins 2022 No 36, Sch 1[106]. Am 2023 No 35, Sch 1.3[16]. |
Sec 171 | Subst 1995 No 56, Sch 1 [9]. |
Sch 1 | Am 1997 No 137, Sch 1 [6]; 1998 No 120, Sch 1.5 [2]–[7]; 1999 No 94, Sch 4.78 [3]. Rep 2007 No 92, Sch 1 [23]. Ins 2022 No 36, Sch 1[107]. Am 2022 No 59, Sch 2.3[2]; 2023 No 35, Sch 1.3[17]. |
Sch 2 | Am 1996 No 121, Sch 4.9; 2006 No 2, Sch 4.7 [4]–[6]. Rep 2007 No 92, Sch 1 [24]. |
Sch 3 | Am 2000 No 57, Sch 1 [24]; 2001 No 27, Sch 2 [21] [22]; 2007 No 92, Sch 1 [25]. |
Sch 4 | Subst 1995 No 56, Sch 1 [10]. Am 1996 No 10, Sch 1 [5]; 1997 No 137, Sch 1 [7] [8]; 2000 No 57, Sch 1 [25] [26]; 2001 No 27, Sch 2 [23] [24]; 2005 No 78, Sch 2 [7] [8]; 2007 No 92, Sch 1 [26] [27]; 2009 No 48, Sch 1 [18] [19]; 2010 No 16, Sch 1 [34] [35]; 2013 No 30, Sch 1 [5]; 2018 No 8, Sch 1 [56]; 2022 No 36, Sch 1[108]; 2023 No 35, Sch 1.3[18]. |
The whole Act, except sec 3, definitions of “Authority” and “Barangaroo restricted gaming facility” and secs 136(2) and 149(7), definition of “law enforcement agency”, paragraph (d5) | Am 2022 No 36, Sch 1[109] (“Authority” and “Authority’s” omitted wherever occurring, “NICC” and “NICC’s” inserted instead) |
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