Casino Control Act 2006 (ACT)
Casino Control Act 2006
A2006-2
Republication No 22
Effective: 16 November 2025
Republication date: 16 November 2025
Last amendment made by A2025‑29
About this republication
The republished law
This is a republication of the Casino Control Act 2006 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Casino Control Act 2006
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 2
6 Lawfulness of casino operation 3
Part 2 Casino administration
Division 2.1 Definitions and important concepts
7 Eligibility of individuals 4
8 Eligibility of corporations 5
9 Meaning of influential person 6
10 Meaning of owner 7
Division 2.2 Ownership of casino
11 Owner must be eligible person 7
12 Application for approval for change of ownership 7
13 Approval of proposed owner 7
14 Change of ownership without approval 8
Division 2.3 Lease of casino
15 Application for approval of proposed casino lease 8
16 Approval of proposed casino lease 9
17 Application for approval to amend casino lease 10
18 Approval of amendment of casino lease 10
Division 2.4 Control agreement
19 Control agreement 10
Part 3 Casino licence
Division 3.1 Grant of casino licence
20 One casino only 12
21 Grant of casino licence 12
22 Licence conditions 13
23 Form of casino licence 13
24 Period of casino licence 14
25 Compliance with code of practice 14
Division 3.2 Casino licence fee
26 Determination of casino licence fee 14
27 Late payment penalty for casino licence fee 15
28 Licence fee payable even if casino licence suspended 15
Division 3.3 Transfer and surrender of casino licence
29 Application for transfer of casino licence 15
30 Transfer of casino licence 16
31 Surrender of casino licence 17
Division 3.4 Disciplinary action against casino licensee
32 Definitions—div 3.4 18
33 Grounds for disciplinary action against casino licensee 18
34 Disciplinary action against casino licensee 20
35 Criteria for disciplinary action against casino licensee 21
36 When disciplinary notice may be given to casino licensee 22
37 Taking disciplinary action against casino licensee 22
38 Suspension or cancellation of casino licence 23
38A Disciplinary action in relation to trading authorisations, casino gaming machines and casino FATG terminals—directions 24
38B Cancellation of casino licence and authorisation certificates—disposal of casino gaming machines and casino FATG terminals 25
39 Appointment of administrator for casino 26
40 Administrator’s duties 26
Part 4 Casino employees
Division 4.1 Casino employee licences
41 Employees must hold licence to work 27
42 Application for casino employee licence 28
43 Amendment of application for casino employee licence 28
44 Approval of application for casino employee licence 29
45 Issue of casino employee licence 31
46 Replacement of casino employee licence 32
47 Renewal of casino employee licence 32
48 Short-term casino employee licence 33
Division 4.2 Conditions of casino employee licence
49 Contravention of conditions of casino employee licence 34
50 Conditions of casino employee licence 35
51 Amendment of conditions of casino employee licence 36
Division 4.3 Changes in relation to casino employee licences
52 Change of prescribed functions 37
53 Employee no longer working in casino 37
54 Obligation to return casino employee licence 38
Division 4.4 Disciplinary action against casino employees
55 Definitions—div 4.4 39
56 Grounds for disciplinary action against casino employee 39
57 Disciplinary action against casino employee 40
58 Criteria for disciplinary action against casino employee 41
59 Taking disciplinary action against casino employee 41
60 Effect of suspension of casino employee licence 42
Division 4.5 Information about casino employees
61 Casino licensee to give commission information about employees 42
Part 5 Casino operations
Division 5.1 Designation and operation of casino
62 Designation of casino 44
63 Directions in relation to casino 44
Division 5.2 Layout of casino
64 Meaning of current layout in div 5.2 45
65 Casino to be operated in accordance with current layout 45
66 Notice of proposed change to current layout etc 45
67 Decision on proposed change to current layout etc 46
Division 5.3 Casino operating times
68 Operating times 48
69 Notice of operating times 48
Division 5.4 Termination of supply contracts
70 Meaning of supply contract in div 5.4 49
71 Notice about proposed termination of supply contract 49
72 Terminating supply contracts 50
73 Effect of termination of supply contract 51
Division 5.5 Casino facilities
74 Maintenance of casino facilities 51
Division 5.6 Control procedures
75 Establishing control procedures 51
76 Changing control procedures 53
77 Complying with control procedures 54
Division 5.7 Exclusion from casino
78 Definitions—div 5.7 55
79 Entry to casino 56
80 Children must not enter casino 56
81 Child using false identification 56
82 Exclusion by casino official 57
83 Appeal against exclusion notice 58
84 Exclusion by chief police officer or commission 58
85 Casino official not to allow excluded person to enter casino 59
86 Excluded person not to enter casino 59
87 Revocation of exclusion notice 59
88 Removing etc excluded people 60
89 Record of excluded people 60
Part 6 Gaming
Division 6.1 Gaming equipment and chips
90 Definitions—pt 6 62
91 Approval of gaming equipment and chips 62
92 When approval of equipment or chips not required 63
93 Suspension or cancellation of gaming equipment or chips approval 63
94 Possession or use of gaming equipment or chips 64
Division 6.2 Authorised games
95 Declaration of authorised games 66
96 Rules for authorised games 66
97 Amendment of rules for authorised games 67
Division 6.3 Offences relating to gaming
98 Dealing cards 67
99 Issue of chips 67
100 Conduct of authorised games 68
101 Placement and payment of wagers 69
102 Exchange of chips or chip purchase vouchers 70
103 Charge for entering or playing in casino 70
104 Gaming by authorised person 71
105 Gratuities for casino employees or agents 71
106 Children must not play authorised games 72
107 Gaming machines 72
108 Cheating 73
109 Forgery 74
Division 6.4 Providing money for gaming
110 Cash facilities 75
111 Lending or extending credit 75
112 Acceptance of cheques 76
113 Deposit accounts 77
114 Redemption of cheques 78
115 Time for presentation of unredeemed cheque 78
116 Proceedings etc in relation to gaming 79
Part 7 Enforcement
Division 7.1 Powers of entry, search and seizure
117 Definitions—pt 7 80
118 Power of police to enter casino 80
119 Powers of police to search and seize 81
120 Search of people 81
Division 7.2 Detention of suspected person
121 Detention of suspected person 82
Division 7.3 Offences
122 Impersonating licence holder 83
123 Conflicts of interest 83
124 Acts and omissions of representatives of individuals 85
Part 8 Finance
Division 8.1 Tax
125 General tax 88
126 Exemption from general tax 89
127 Commission-based player tax 89
128 Payment of tax 91
129 Monthly tax returns 91
130 Payment of tax during suspension 91
Division 8.2 Accounts and records
131 Approval of banking accounts 92
132 Use of approved banking account 92
133 Access to bank records 93
134 Accounts 93
135 Keeping of records 94
136 Audit of records 94
Part 8A Casino advisory panels
136A Meaning of Ministerial decision—pt 8A 96
136B Establishment and functions of casino advisory panel 97
136C Sharing of information 97
136D Minister to appoint advisory panel members 98
136E Membership of casino advisory panel 98
136F Casino advisory panel—appointment of chair 100
136G Disclosure of interests—advisory panel members 100
136H Casino advisory panel’s report on recommendation 100
136I Report on casino advisory panel’s recommendation to be tabled 101
136J Casino advisory panel—protection from liability 102
Part 9 Notification and review of decisions
137 Meaning of reviewable decision—Act 103
138 Reviewable decision notices 103
139 Applications for review 103
Part 10 Miscellaneous
140 Security-related decisions—certificate 104
141 Recommendations of commission and casino advisory panel 105
142 Evidentiary certificates and other matters 105
143 Determination of fees 106
144 Regulation-making power 106
Schedule 1 Reviewable decisions 107
Dictionary110
Endnotes
1 About the endnotes 117
2 Abbreviation key 117
3 Legislation history 118
4 Amendment history 122
5 Earlier republications 127
Casino Control Act 2006
An Act for the establishment, licensing and control of the casino, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Casino Control Act 2006.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘influential person, for a corporation—see section 9.’ means that the term ‘influential person’ is defined in that section.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Lawfulness of casino operation
(1)Despite any other territory law but subject to this Act and the Casino (Electronic Gaming) Act 2017, it is lawful—
(a)for the casino licensee or a casino employee to conduct an authorised game in the casino; and
(b)for a person to play an authorised game in the casino; and
(c)for a person to use approved gaming equipment or chips in the conduct and playing of an authorised game in the casino.
(2)The casino is not a public or private nuisance only because it is used as a gaming house.
(3)This section does not allow an action to be brought in a court to recover—
(a)an amount won in the course of gaming in the casino; or
(b)an amount, or a cheque or other instrument, given in payment of an amount mentioned in paragraph (a); or
(c)an amount wagered in the course of gaming in the casino, that was lent in the knowledge that it was to be applied in that way.
NoteAn action may be brought against the casino licensee to recover an amount won at gaming in the casino or the amount of a cheque given by the casino licensee in payment of an amount won that was later dishonoured (see s 116 (3)).
Part 2Casino administration
Division 2.1 Definitions and important concepts
Eligibility of individuals
(1)For this Act, an individual is an eligible person if—
(a)the individual is an adult; and
(b)there is not a disqualifying ground for the individual.
(2)Each of the following is a disqualifying ground for an individual:
(a)the individual has been convicted, or found guilty, in the last 5 years, whether in the ACT or elsewhere, of an offence—
(i)involving fraud or dishonesty; or
(ii)against a law about gaming;
(b)the individual has been convicted, or found guilty, in Australia in the last 5 years of an offence punishable by imprisonment for at least 1 year;
(c)the individual has been convicted, or found guilty, outside Australia in the last 5 years of an offence that, if it had been committed in the ACT, would have been punishable by imprisonment for at least 1 year;
(d)the individual is, or at any time in the last 5 years has been, bankrupt or personally insolvent;
NoteBankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.
(e)at any time in the last 5 years the individual was involved in the management of a corporation when—
(i)the corporation became the subject of a winding-up order; or
(ii)a controller or administrator was appointed;
(f)at any time in the last 12 months the individual had—
(i)an application for a casino employee licence refused, on the basis that the individual provided false or misleading information, in the application; or
(ii)a casino employee licence cancelled under part 4.
(3)Despite subsection (2), the Minister or the commission may decide that an individual is an eligible person if satisfied that—
(a)the operation of the casino would not be adversely affected if the Minister or the commission decided that the individual is an eligible person; and
(b)it is otherwise in the public interest that the individual be treated as an eligible person.
Eligibility of corporations
(1)For this Act, a corporation is an eligible person if—
(a)each executive officer and influential person of the corporation is an eligible person; and
(b)the corporation is not the subject of a winding-up order, and has not been the subject of a winding-up order in the last 3 years; and
(c)a controller or administrator has not been appointed for the corporation in the last 3 years.
(2)Despite subsection (1), the Minister or the commission may decide that a corporation is an eligible person if satisfied that—
(a)the operation of the casino would not be adversely affected if the Minister or the commission decided that the individual is an eligible person; and
(b)it is otherwise in the public interest that the corporation be treated as an eligible person.
Meaning of influential person
(1)In this Act:
influential person, for a corporation—
(a)means any of the following:
(i)an executive officer of the corporation;
(ii)a related corporation;
(iii)an executive officer of a related corporation;
(iv)an influential owner of the corporation; and
(b)includes a person who, though not mentioned in paragraph (a), can exercise as much influence over the conduct of the corporation as someone mentioned in that paragraph.
(2)In this section:
influential owner, of a corporation, means a person who, whether directly or through intermediary corporate ownership or nominees—
(a)can control at least 5% of the votes at an annual general meeting of the corporation; or
(b)can control the appointment of a director of the corporation.
related corporation means a related body corporate under the Corporations Act.
Meaning of owner
(1)In this Act:
owner, of the casino, means a person who, alone or jointly with others, is the lessee of land where the casino, or part of the casino, is located.
(2)A reference to the owner of the casino is a reference to all such people.
Division 2.2 Ownership of casino
Owner must be eligible person
A person may be an owner of the casino only if the person—
(a)is an eligible person; and
(b)can carry out the person’s obligations as an owner of the casino under this Act.
Application for approval for change of ownership
An owner of the casino may apply in writing to the Minister for approval to sell or otherwise dispose of the owner’s interest in the lease of the casino, or part of the interest, to someone else.
Approval of proposed owner
(1)On application under section 12, the Minister must approve, or refuse to approve, the sale or other disposal of an owner’s interest in the lease of the casino, or part of the interest, to the proposed owner.
(2)In deciding whether to approve the sale or other disposal, the Minister must consider any recommendation—
(a)made by the commission about the sale or disposal; and
(b)made by a casino advisory panel about the sale or disposal, including whether the sale or disposal is in the public interest.
(3)The Minister must not approve the sale or other disposal unless satisfied that—
(a)the proposed owner is an eligible person; and
(b)if the change of ownership would require a control agreement to be in force under section 19—on transfer of ownership, the proposed owner will become a party to a control agreement.
Change of ownership without approval
(1)An owner of the casino commits an offence if—
(a)the owner sells or otherwise disposes of the owner’s interest in the lease of the casino, or part of the interest, to someone else; and
(b)the sale or other disposal has not been approved by the Minister under section 13.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
Division 2.3 Lease of casino
Application for approval of proposed casino lease
(1)The owner of the casino may apply to the Minister for approval to enter into a lease of the casino with someone else.
(2)An application for approval must—
(a)be in writing; and
(b)be accompanied by—
(i)the proposed lease; and
(ii)the name and contact details of the proposed lessee; and
(iii)particulars of the financial standing, relevant managerial experience and business reputation of the proposed lessee.
Approval of proposed casino lease
(1)On application under section 15, the Minister must approve, or refuse to approve, the owner of the casino entering into the proposed lease of the casino with the proposed lessee.
(2)In deciding whether to approve the owner entering into the proposed lease with the proposed lessee, the Minister must consider any recommendation—
(a)made by the commission about the owner entering into the proposed lease with the proposed lessee; and
(b)made by a casino advisory panel about the owner entering into the proposed lease with the proposed lessee, including whether the owner entering into the proposed lease with the proposed lessee is in the public interest.
(3)The Minister must not approve the owner entering into the proposed lease with the proposed lessee unless satisfied that—
(a)the proposed lessee is a corporation; and
(b)the corporation is an eligible person; and
(c)the proposed lessee can carry out its obligations as the lessee under this Act; and
(d)the conditions of the proposed lease are satisfactory in relation to the control and operation of the casino.
Application for approval to amend casino lease
(1)The parties to a casino lease may apply to the Minister for approval to amend the lease.
(2)An application for approval must—
(a)be in writing signed by the parties to the casino lease; and
(b)be accompanied by the proposed amendment.
Approval of amendment of casino lease
(1)On application under section 17, the Minister must approve, or refuse to approve, the amendment of the casino lease.
(2)In deciding whether to approve the owner entering into the proposed lease with the proposed lessee, the Minister must consider any recommendation—
(a)made by the commission about the owner entering into the proposed lease with the proposed lessee; and
(b)made by a casino advisory panel about the owner entering into the proposed lease with the proposed lessee, including whether the owner entering into the proposed lease with the proposed lessee is in the public interest.
Division 2.4 Control agreement
Control agreement
(1)If the owner of the casino, the casino lessee (if any) and the casino licensee are not all the same person, a control agreement, approved by the Minister, must be in force between them.
(2)The control agreement must be in writing and deal with the following matters:
(a)the roles and responsibilities of the parties to the control agreement;
(b)the control and operation of the casino;
(c)anything else the Minister considers necessary or desirable.
(3)The control agreement may, with the Minister’s approval, be—
(a)amended; or
(b)terminated and replaced with a new control agreement.
Example
The parties must enter into a new control agreement if there is a change in ownership of the casino, or if there is a new casino licensee or lessee.
(4)In deciding whether to approve an agreement or amendment, the Minister must consider—
(a)any recommendations made by the commission about the agreement or amendment; and
(b)the likely effect of the agreement or amendment on the control and operation of the casino.
Part 3Casino licence
Division 3.1 Grant of casino licence
One casino only
(1)Only 1 casino licence may be in force under this Act at any particular time.
(2)The casino licence is to apply to 1 casino only.
Grant of casino licence
(1)The Minister may invite applications for a licence (the casino licence) authorising the licensee to operate a casino in the ACT in accordance with this Act.
(2)On application by a person under subsection (1), the Minister may grant or refuse to grant a casino licence to the person.
(3)The Minister must not grant a casino licence to a person unless—
(a)the person is a corporation; and
(b)the person is—
(i)if there is a casino lease—the casino lessee or a corporation nominated by the casino lessee; or
(ii)in any other case—the owner of the casino or a corporation nominated by the owner of the casino; and
(c)the person is an eligible person.
(4)In deciding whether to grant a casino licence, the Minister must—
(a)consider any recommendation made by the commission about the eligibility of a corporation nominated as the proposed casino licensee; and
(b)consider any recommendation made by a casino advisory panel about the eligibility of a corporation nominated as the proposed casino licensee, including whether granting a casino licence to the proposed casino licensee is in the public interest; and
(c)comply with any criteria prescribed by regulation in relation to the grant of the casino licence.
(5)A regulation for subsection (4) (c) may prescribe matters relating to—
(a)the control of any corporation affected by this Act; or
(b)an influential person in relation to, or foreign participation in, the corporation.
Licence conditions
A casino licence is subject to any condition the Minister puts on the licence when granting the licence or by written notice given to the casino licensee at any other time.
Form of casino licence
(1)The casino licence—
(a)must include the following information:
(i)its date of issue and expiry;
(ii)the name of the casino licensee;
(iii)the address of the casino;
(iv)any other particulars prescribed by regulation; and
(b)must identify the area designated by regulation to be the casino.
NoteSection 62 provides that a regulation may designate an area to be the casino for this Act.
(2)The casino licence may also include any other particulars relating to the casino the Minister considers appropriate.
Period of casino licence
(1)The casino licence remains in force—
(a)from the day of issue until the end of the expiry date stated in the licence; or
(b)if the licence is surrendered or cancelled before the expiry date—until the end of the day when the licence is surrendered or cancelled.
(2)However, if the casino licence is suspended, it is not in force for the period of the suspension.
Compliance with code of practice
The casino licensee must comply with the code of practice prescribed under the Control Act.
NoteA failure to comply with the code of practice is a ground for disciplinary action (see s 33 (1) (c)).
Division 3.2 Casino licence fee
Determination of casino licence fee
(1)The Minister may determine a fee for the casino licence.
(2)The Minister must not determine a casino licence fee more than once in any 12-month period.
(3)The casino licensee must pay the casino licence fee to the commission at the times and in the way provided in the casino licence fee determination.
(4)A casino licence fee determination is a notifiable instrument.
Late payment penalty for casino licence fee
(1)This section applies if any amount of a casino licence fee that the casino licensee is liable to pay under a casino licence fee determination is not paid within 14 days after the day by which it must be paid.
(2)The casino licensee is liable to a daily penalty on the unpaid amount of the casino licence fee for each day after the 14th day that the fee remains unpaid.
(3)The penalty rate is 20% per year.
(4)The amount of penalty payable under subsection (2) compounds at 3-monthly intervals.
(5)The commission may waive all or part of a penalty that the casino licensee is liable to pay under subsection (2).
Licence fee payable even if casino licence suspended
(1)This section applies if the casino licence is suspended under section 38 (1).
(2)Despite section 24 (2), the casino licensee must pay the casino licence fee for the period during which the casino licence is suspended.
NoteIf the commission is owed an amount by the casino licensee under this division, the commission may recover the amount as a debt owing by the casino licensee to the commission in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Division 3.3 Transfer and surrender of casino licence
Application for transfer of casino licence
(1)The casino licensee may apply to the Minister to transfer the casino licence to another corporation.
(2)The application must—
(a)be in writing signed by the licensee; and
(b)be accompanied by a signed consent to transfer by the person (if any) who nominated the licensee under section 21 (3) (b).
Transfer of casino licence
(1)On application under section 29, the Minister must—
(a)transfer the casino licence; or
(b)refuse to transfer the casino licence; or
(c)ask for further information about the proposed transfer.
(2)A request for further information must—
(a)be in writing; and
(b)state a reasonable time within which the information must be given.
(3)If the Minister asks the casino licensee for further information about the application, the Minister must not approve, or refuse to approve, the transfer of the casino licence until—
(a)the Minister has received the information; or
(b)the time stated for giving the information has ended.
(4)The Minister may approve the transfer of the casino licence if—
(a)the casino licence is not suspended; and
(b)a disciplinary notice under division 3.4 is not outstanding in relation to the casino licensee; and
(c)the prospective licensee would be granted the casino licence under section 21.
NoteThe Minister may grant a casino licence to a proposed casino licensee under s 21 if the proposed licensee is—
(a)a corporation; and
(b)an eligible person; and
(c)if there is a casino lease—the casino lessee or a corporation nominated by the lessee; and
(d)if there is no casino lease—the owner of the casino or a corporation nominated by the owner.
In deciding whether to grant a casino licence, the Minister is required to consider any recommendation by the commission and a casino advisory panel in relation to the proposed licensee’s eligibility, including any recommendation by an advisory panel about whether granting the casino licence to the proposed licensee is in the public interest.
Surrender of casino licence
(1)This section applies to the casino licensee if the casino licensee does not owe the Territory or the commission an amount under this Act.
(2)The casino licensee may surrender the casino licence by giving the Minister a written notice stating that the casino licensee surrenders the licence.
(3)The surrender of the casino licence takes effect 4 weeks after the day the notice under subsection (2) is given to the Minister or, if the notice states a later date of effect, on that date.
Division 3.4 Disciplinary action against casino licensee
Definitions—div 3.4
In this division:
casino licensee includes an administrator appointed under section 39.
disciplinary action—see section 34.
disciplinary notice—see section 36.
ground for disciplinary action against the casino licensee—see section 33.
Grounds for disciplinary action against casino licensee
(1)Each of the following is a ground for disciplinary action against the casino licensee:
(a)the casino licensee has given information to the commission that was false or misleading;
(b)the casino licensee has failed to give information required to be given under this Act, the Control Act or the Casino (Electronic Gaming) Act 2017;
(c)the casino licensee, or an agent or employee of the casino licensee, has contravened this Act or the Casino (Electronic Gaming) Act 2017;
(d)the casino licensee has contravened a requirement by the Treasurer of the Commonwealth in relation to foreign investment;
(e)the casino licensee has contravened a condition of the casino licence;
(f)the casino premises are not suitable for conducting casino operations;
(g)the casino licensee is not, or is no longer, an eligible person;
(h)the casino licensee is not, or is no longer, in control of the casino because the casino licensee has been taken over by another corporation or is under the influence of someone else;
(i)the owner is not, or is no longer, an eligible person;
(j)the casino lessee is not, or is no longer, an eligible person;
(k)the casino licensee has been given a reprimand that included a direction, and has not complied with the direction;
(l)the casino licensee has failed to pay to the Territory a financial penalty imposed under section 37;
(m)a proceeding to wind up the casino licensee has been started.
(2)In subsection (1) (c), a reference to a contravention of this Act or the Casino (Electronic Gaming) Act 2017 includes a reference to the following:
(a)a contravention of the Criminal Code, part 2.4 (Extensions of criminal responsibility) in relation to an offence against this Act or the Casino (Electronic Gaming) Act 2017 or otherwise in relation to this Act or the Casino (Electronic Gaming) Act 2017;
(b)a contravention of the Criminal Code in relation to a document completed, kept or given, or required to be completed, kept or given, under or in relation to this Act or the Casino (Electronic Gaming) Act 2017;
(c)a contravention of the Criminal Code in relation to anything else done, or not done, under or in relation to this Act or the Casino (Electronic Gaming) Act 2017.
Disciplinary action against casino licensee
(1)Each of the following is a disciplinary action when taken against the casino licensee:
(a)reprimanding the casino licensee;
(b)putting conditions on, or amending the conditions of, the casino licence, casino gaming machine authorisation certificate or casino FATG authorisation certificate;
(c)ordering the casino licensee to pay to the Territory a financial penalty of not more than $1 000 000;
(d)recommending to the Minister that the casino licence be suspended for a stated period or until a stated thing happens;
(e)recommending to the Minister that the casino licence be cancelled;
(f)suspending the casino licensee’s casino gaming machine authorisation certificate or casino FATG authorisation certificate;
(g)cancelling the casino licensee’s casino gaming machine authorisation certificate or casino FATG authorisation certificate;
(h)if the casino licensee is operating more casino gaming machines or casino FATG terminals at the casino than is allowed under the casino gaming machine authorisation certificate or casino FATG authorisation certificate—
(i)ordering the casino licensee to forfeit to the Territory 100% of the gross revenue from the operation of each casino gaming machine or FATG terminal that exceeds the number allowed under the authorisation certificate; and
(ii)directing the casino licensee about how to dispose of the excess casino gaming machines or casino FATG terminals.
(2)For subsection (1) (d) and (e), if the casino licence is suspended or cancelled, the casino gaming machine authorisation certificate and casino FATG authorisation certificate under the licence are suspended or cancelled.
(3)A reprimand may include a direction by the commission that the casino licensee, within a stated time—
(a)stop contravening this Act; or
(b)correct something that contributes to the ground for disciplinary action.
(4)A financial penalty imposed under this section may be recovered as a debt payable to the Territory.
Criteria for disciplinary action against casino licensee
(1)In deciding whether disciplinary action should be taken, or what disciplinary action should be taken, against the casino licensee, the commission must consider the following:
(a)whether disciplinary action has previously been taken against the casino licensee;
(b)whether the ground for which the disciplinary action is to be taken endangered the public or the public interest;
(c)the seriousness of the ground for disciplinary action;
(d)the likelihood of further disciplinary action needing to be taken against the casino licensee.
(2)The commission may also consider any other relevant matter.
When disciplinary notice may be given to casino licensee
(1)If the commission is satisfied that a ground for disciplinary action exists, or may exist, in relation to the casino licensee, the commission may give the casino licensee a notice (a disciplinary notice).
NoteThe commission need not give a disciplinary notice if the grounds for disciplinary action are the contravention of a direction in a reprimand (see s 37 (1)).
(2)The disciplinary notice must—
(a)state the ground for disciplinary action; and
(b)tell the casino licensee that the casino licensee may, not later than 3 weeks after the day the casino licensee is given the notice, give a written response to the commission about the notice.
Taking disciplinary action against casino licensee
(1)This section applies if the commission is satisfied that the casino licensee has contravened a direction in a reprimand.
(2)This section also applies if—
(a)the casino licensee has been given a disciplinary notice; and
(b)after considering any responses given within the 3-week period in relation to the notice under section 36, the commission is satisfied that a ground for disciplinary action exists in relation to the casino licensee.
(3)The commission may take disciplinary action against the casino licensee.
(4)To remove any doubt, the disciplinary action may consist of 2 or more of the actions mentioned in section 34 (1) (a) to (d).
(5)Disciplinary action mentioned in section 34 (1) (a), (b) or (c) takes effect when the casino licensee receives written notice of the action or, if the notice provides for a later time of effect, that time.
(6)If the commission considers that the disciplinary action that should be taken is recommending to the Minister that the casino licence be suspended or cancelled, the commission must give the Minister a written notice stating—
(a)its recommendation that the casino licence be suspended or cancelled; and
(b)the reasons for the recommendation.
NoteOnly the Minister may suspend or cancel the casino licence (see s 38).
Suspension or cancellation of casino licence
(1)The Minister may suspend or cancel the casino licence if—
(a)the Minister receives a notice from the commission under section 37 (6) recommending that the casino licence be suspended or cancelled; or
(b)the Minister considers that suspending or cancelling the licence is in the public interest.
(2)In deciding whether to suspend or cancel the casino licence under subsection (1) (a), the Minister must consider the commission’s recommendations.
(3)If the Minister rejects the commission’s recommendations, the Minister may refer the matter back to the commission for reconsideration.
(4)If the Minister proposes to suspend or cancel the casino licence under subsection (1) (b), the Minister must give the casino licensee a written notice—
(a)stating why the Minister considers the casino licence should be suspended or cancelled; and
(b)telling the casino licensee that the casino licensee may, not later than 3 weeks after the day the casino licensee is given the notice, give a written response to the Minister about the notice.
(5)After considering any response to the notice given within the 3‑week period, the Minister may suspend or cancel the casino licence under subsection (1) (b).
(6)The Minister may suspend the casino licence under this section for a stated period or until a stated thing happens.
38ADisciplinary action in relation to trading authorisations, casino gaming machines and casino FATG terminals—directions
(1)This section applies if the commission takes disciplinary action against the casino licensee in relation to the following actions under the Casino (Electronic Gaming) Act 2017:
(a)acquiring an authorisation under section 16 (Acquiring authorisations for casino gaming machines and casino FATG terminals);
(b)disposing of a restricted authorisation under section 24 (Status of restricted authorisations if development approval ends in other circumstances);
(c)acquiring a casino gaming machine under section 26 (Acquiring casino gaming machine under authorisation);
(d)acquiring a casino FATG terminal under section 28 (Acquiring casino FATG terminal under authorisation).
(2)The commission may give the casino licensee written directions about how the casino licensee is to conduct the acquisition or disposal.
(3)The directions must not be inconsistent with—
(a)this Act, the Casino (Electronic Gaming) Act 2017 or any other territory law; or
(b)a condition of the casino licence.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(4)The casino licensee must comply with the directions.
38BCancellation of casino licence and authorisation certificates—disposal of casino gaming machines and casino FATG terminals
(1)This section applies if the casino licence, and each authorisation certificate under the licence, is cancelled under this part.
(2)The number of authorisations for casino gaming machines and casino FATG terminals under each cancelled authorisation certificate is forfeited to the Territory.
(3)The casino licensee must dispose of a casino gaming machine or casino FATG terminal operated under a cancelled authorisation certificate as the commission directs.
Maximum penalty: 100 penalty units.
NoteThe Control Act, s 23 provides that an authorised officer may enter and inspect any premises at any reasonable time to do the things mentioned in that section, including inspecting and removing any gaming equipment the officer believes on reasonable grounds to be connected with an offence against a gaming law.
(4)Subsection (3) does not apply if the casino licensee has a reasonable excuse for not complying with the commission’s direction.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).
Appointment of administrator for casino
(1)If the casino licence is suspended or cancelled, the Minister may appoint an administrator for the casino if satisfied that it is in the public interest to make the appointment.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Note 3Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
(2)In appointing a person to be an administrator, the Minister must consider any recommendations made by the commission about the suitability of the person.
(3)The appointment of an administrator ends if the casino licence is transferred under section 30.
Administrator’s duties
An administrator appointed under section 39 must—
(a)assume full control of, and responsibility for, the business of the casino licensee in relation to the casino; and
(b)conduct casino operations, or ensure that casino operations are conducted, in accordance with this Act.
Part 4Casino employees
Division 4.1 Casino employee licences
Employees must hold licence to work
(1)The casino licensee commits an offence if, on a day—
(a)a person performs a prescribed function in relation to the casino; and
(b)the person either—
(i)does not hold a casino employee licence to perform the function; or
(ii)is not competent to perform the function.
Maximum penalty (for each day): 5 penalty units.
(2)A person commits an offence if, on a day—
(a)the person performs a prescribed function in relation to the casino; and
(b)the person does not hold a casino employee licence to perform the function.
Maximum penalty (for each day): 5 penalty units.
(3)An offence against this section is a strict liability offence.
(4)Subsection (1) (b) (ii) does not apply in relation to a function performed by a casino employee if the employee performs the function in accordance with a condition of the employee’s casino employee licence that allows the employee, until the employee is competent to perform the function, to perform the function under the supervision of a casino employee who is licensed, and competent, to perform the function.
Application for casino employee licence
(1)An individual may apply to the commission in writing for a casino employee licence.
(2)The application must be accompanied by—
(a)a written statement from the casino licensee—
(i)that the casino licensee employs, or has offered to employ, the applicant; and
(ii)setting out the functions that the applicant will perform in the casino; and
(iii)that the applicant—
(A)is competent to perform the functions; or
(B)will be supervised by a casino employee licensed, and competent, to perform the functions until the applicant is competent; and
(b)an undertaking by the applicant to allow the applicant’s fingerprints to be taken by a police officer; and
(c)a consent by the applicant for a police officer to—
(i)check the applicant’s criminal record using the applicant’s fingerprints; and
(ii)report the results of the check to the commission; and
(d)4 recent passport-size photographs of the applicant.
Amendment of application for casino employee licence
(1)This section applies if, before an application under section 42 is decided, a change happens in relation to—
(a)something mentioned in the application; or
(b)a document, or something mentioned in a document, that accompanied the application.
(2)The applicant must give the commission a written statement—
(a)setting out the details of the change; and
(b)asking the commission to amend the application to include the change.
(3)The statement must be signed by the applicant.
Approval of application for casino employee licence
(1)If the commission receives an application under section 42 for a casino employee licence, the commission must—
(a)approve the application; or
(b)amend the application in accordance with a statement given to the commission under section 43 and approve the amended application; or
(c)refuse to approve the application; or
(d)make a request under subsection (2) in relation to the application to—
(i)the casino licensee; or
(ii)the applicant; or
(iii)anyone else associated with the applicant who is, in the commission’s opinion, relevant to the application.
(2)A request under this subsection to a person—
(a)must—
(i)be in writing; and
(ii)state a reasonable time within which the information must be given; and
(b)may ask the person to do all or any of the following:
(i)give the commission stated information relevant to the application;
(ii)produce for the commission’s inspection a stated document or documents of a stated kind, relevant to the application;
(iii)allow the commission to examine, copy or take extracts from a stated document, or documents of a stated kind, relevant to the application (including documents produced for the commission’s inspection under subparagraph (ii));
(iv)verify information given or a document produced to the commission;
(v)authorise a stated person to do anything mentioned in subparagraphs (i) to (iv).
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
(3)If the commission makes a request under subsection (2), the commission must not approve or refuse to approve the application for a casino employee licence until—
(a)the commission has received the information; or
(b)the time stated under subsection (2) (a) (ii) for giving the information has ended.
(4)The commission must approve the application if—
(a)the commission is satisfied that the applicant is an eligible person; and
(b)the casino licensee has given the commission a written statement that the applicant has been employed or offered employment by the casino licensee and—
(i)is competent to perform the functions set out in the statement; or
(ii)will be supervised by a casino employee who is licensed, and competent, to perform the functions until the applicant is competent.
(5)The commission may refuse to approve the application if the requirements of subsection (1) (d) and section 43 have not been complied with.
(6)In considering the application, the commission may inquire into anything relating to the application it considers relevant.
(7)If the commission approves the application, the commission may decide to put conditions on the casino employee licence it gives the applicant.
Issue of casino employee licence
(1)If the commission approves an application for a casino employee licence, it must—
(a)give a casino employee licence to the applicant; and
(b)give a copy of the licence to the casino licensee.
(2)A casino employee licence must state—
(a)when the licence starts; and
(b)the prescribed functions that the licence-holder may perform in relation to the casino; and
(c)any conditions mentioned in section 50 (c) to which the licence is subject.
NoteA casino employee licence is also subject to the conditions mentioned in s 50 (a) and (b).
(3)A casino employee licence is for not more than 3 years.
(4)If a short-term licence has been given to the applicant, the licence under this section is taken to have started when the short-term licence started.
Replacement of casino employee licence
(1)This section applies if a person tells the commission, in writing, that a casino employee licence given to the person has been lost, stolen or destroyed.
(2)The commission may, by written notice given to the person, require the person to give the commission, within a stated period, a statement confirming, and explaining the circumstances of, the loss, theft or destruction.
(3)If the commission is satisfied that the person’s casino employee licence has been lost, stolen or destroyed, the commission may give a replacement to the person.
Renewal of casino employee licence
(1)A casino employee may apply to the commission for renewal of their casino employee licence (other than a short-term licence) not later than 1 month, and not earlier than 3 months, before the day the term of the licence ends.
(2)The application must be accompanied by a consent by the applicant for a police officer to—
(a)check the applicant’s criminal record using the applicant’s fingerprints; and
(b)report the results of the check to the commission.
(3)On application under this section, the commission must approve the application if satisfied that it would approve the casino employee’s application if the application were an application for an initial casino employee licence.
(4)The renewal of the casino employee licence—
(a)begins on the day after the term of the licence being renewed ends; and
(b)is for not more than 3 years.
(5)If the commission approves the application, the commission must—
(a)give a casino employee licence to the casino employee; and
(b)give a copy of the licence to the casino licensee.
(6)A casino employee licence that is suspended may be renewed, but the renewed licence is suspended until the end of the suspension.
Short-term casino employee licence
(1)This section applies to a person who has applied under section 42 for a casino employee licence, or applied under section 47 for renewal of a casino employee licence, if—
(a)the commission has not received the results of the police check of the person’s criminal record; but
(b)the commission would issue a casino employee licence to the person, or renew the person’s licence, if nothing in the results of the police check showed that the person was not an eligible person.
(2)The commission may—
(a)for an application under section 42—give a casino employee licence to the person; or
(b)for an application under section 47—renew the licence.
(3)A licence given or renewed under this section (a short-term licence) is for 6 months, and cannot be renewed.
(4)The commission must give a copy of each short-term licence to the casino licensee.
(5)A short-term licence must state—
(a)when the licence starts; and
(b)the prescribed functions that the licence-holder may perform in relation to the casino; and
(c)any conditions mentioned in section 50 (c) to which the licence is subject.
NoteA short-term licence is also subject to the conditions mentioned in s 50 (a) and (b).
(6)If, after considering the results of the police check of the person’s criminal record, the commission is satisfied that the person is not an eligible person, the commission must, by written notice given to the person cancel the person’s short-term licence.
Division 4.2 Conditions of casino employee licence
Contravention of conditions of casino employee licence
(1)The casino licensee commits an offence if, on a day—
(a)a casino employee performs a prescribed function stated in the casino employee’s licence in relation to the casino; and
(b)the casino employee’s licence is subject to a condition; and
(c)the casino employee contravenes the condition.
Maximum penalty (for each day): 5 penalty units.
(2)An offence against subsection (1) is a strict liability offence.
(3)A casino employee commits an offence if—
(a)the person’s casino employee licence is subject to a condition; and
(b)the person engages in conduct that contravenes the condition.
Maximum penalty: 5 penalty units.
Conditions of casino employee licence
A casino employee licence is subject to the following conditions:
(a)the condition that the licence-holder must comply with any written request by the commission to do all or any of the following:
(i)give the commission stated information relevant to the administration or enforcement of this Act;
(ii)produce for the commission’s inspection a stated document, or documents of a stated kind, relevant to the administration or enforcement of this Act;
(iii)allow the commission to examine, copy or take extracts from a stated document, or documents of a stated kind, relevant to the administration or enforcement of this Act (including documents produced for the commission’s inspection under subparagraph (ii));
(iv)verify information given or a document produced to the commission;
(v)authorise a stated person to do anything mentioned in subparagraphs (i) to (iv);
(b)the condition that, if a change happens in relation to something mentioned in section 43 (1) (a) or (b) in relation to the licence‑holder, the licence-holder must, as soon as practicable after the change happens, give the commission a written statement setting out the details of the change;
(c)any condition the commission puts on the licence when giving the licence or at any other time.
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
Amendment of conditions of casino employee licence
(1)The commission may amend the conditions of a casino employee licence on its own initiative or on application by the licence-holder or the casino licensee.
(2)If the commission receives an application under subsection (1), the commission must approve, or refuse to approve, the application.
(3)If the commission amends the conditions of a casino employee licence, it must—
(a)give an amended casino employee licence to the applicant; and
(b)give a copy of the amended licence to the casino licensee.
(4)The amendment takes effect on the date stated in the amended casino employee licence.
(5)This section does not apply to a condition mentioned in section 50 (a) or (b).
(6)In this section:
amend the conditions of a casino employee’s licence includes—
(a)put a condition on the licence; and
(b)revoke a condition of the licence.
Division 4.3 Changes in relation to casino employee licences
Change of prescribed functions
(1)The holder of a casino employee licence may apply in writing to the commission for an amendment of the licence to change the prescribed functions that may be performed by the holder in relation to the casino.
(2)The application must be accompanied by a written statement from the casino licensee—
(a)setting out the new functions that the applicant will perform in relation to the casino; and
(b)that the applicant—
(i)is competent to perform the functions; or
(ii)will be supervised by a casino employee who is licensed, and competent, to perform the functions until the applicant is competent.
(3)The commission must approve, or refuse to approve, the application.
(4)If the commission approves the application, it must—
(a)give an amended casino employee licence to the applicant; and
(b)give a copy of the amended licence to the casino licensee.
(5)The amendment takes effect on the date stated in the amended casino employee licence.
Employee no longer working in casino
If a casino employee stops working in relation to the casino, the commission must cancel the employee’s casino employee licence.
Obligation to return casino employee licence
(1)This section applies to a person if—
(a)the term of the person’s casino employee licence ends; or
(b)the commission gives an amended casino employee licence to the person; or
(c)the person’s casino employee licence is cancelled or suspended; or
(d)the person is a casino employee who stops working in relation to the casino.
(2)The person must return the person’s casino employee licence to the commission not later than 1 week after—
(a)the day the term of the licence ends; or
(b)the person is given the amended casino employee licence; or
(c)the day the person is given notice of the cancellation or suspension; or
(d)the day the person stops working in relation to the casino.
Maximum penalty: 5 penalty units.
(3)An offence against this section is a strict liability offence.
(4)This section does not apply if the person has a reasonable excuse.
(5)If a person returns the person’s casino employee licence to the commission because it is suspended, the commission must return the licence to the person at the end of the suspension unless the term of the licence has ended.
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
1 May 20061 May 2006–
1 May 2007not amended new Act R2
2 May 20072 May 2007–
4 Dec 2007not amended commenced expiry R3
5 Dec 20075 Dec 2007–
30 Mar 2008A2007‑40 amendments by A2007‑40 R4
31 Mar 200831 Mar 2008–
1 Feb 2009A2007‑40 amendments by A2007‑25 R5
2 Feb 20092 Feb 2009–
21 Sept 2009A2008‑37 amendments by A2008‑37 R6
22 Sept 200922 Sept 2009–
16 Dec 2009A2009‑20 amendments by A2009‑20 R7
17 Dec 200917 Dec 2009–
28 Feb 2011A2009‑49 amendments by A2009‑49 R8
1 Mar 20111 Mar 2011–
20 Sept 2011A2011‑3 amendments by A2011‑3 R9
21 Sept 201121 Sept 2011–
11 Dec 2011A2011‑28 amendments by A2011‑28 R10
12 Dec 201112 Dec 2011–
29 Feb 2012A2011‑52 amendments by A2011‑52 R11
1 Mar 20121 Mar 2012–
6 Nov 2014A2011‑52 amendments by A2011‑48 R12
7 Nov 20147 Nov 2014–
13 Oct 2015A2014-47 amendments by A2014-47 R13
14 Oct 201514 Oct 2015–
26 Apr 2016A2015-33 amendments by A2015-33 R14
27 Apr 201627 Apr 2016–
28 Aug 2016A2016‑18 amendments by A2016‑18 R15
29 Aug 201629 Aug 2016–
12 May 2018A2016‑18 amendments by A2016‑7 R16
13 May 201813 May 2018–
14 June 2018A2017‑42 amendments by A2017‑42 R17
15 June 201815 June 2018–
1 Oct 2018A2018‑21 amendments by A2018‑21 R18
2 Oct 20182 Oct 2018–
23 Aug 2022A2018‑33 amendments by A2018‑33 R19
24 Aug 202224 Aug 2022–
26 Nov 2023A2022‑14 amendments by A2022‑14 R20
27 Nov 202327 Nov 2023–
11 Dec 2023A2023‑36 amendments by A2023‑36 R21
12 Dec 202312 Dec 2023–
15 Nov 2025A2023‑57 amendments by A2023‑57
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