Casino Control Regulation 2001 (NSW)

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Part 1Preliminary1Name of Regulation

This Regulation is the Casino Control Regulation 2001.

2Commencement

This Regulation commences on 1 September 2001.

Note—

This Regulation replaces the Casino Control Regulation 1995 which is repealed on 1 September 2001 under section 10 (2) of the Subordinate Legislation Act 1989.

3Definitions

In this Regulation:

casino environs means premises the subject of an order under section 89 (3) of the Act.

gaming machine has the meaning given by section 8 (5) of the Act.

liquor has the same meaning as in the Liquor Act 2007.

participant in a junket means a person who participates in a junket as a guest.

promoter of a junket means a person who organises, promotes or conducts a junket, but does not include a casino operator or a casino employee.

representative of a promoter means a person who is authorised by a promoter to act on the promoter’s behalf in the organisation, promotion or conduct of a junket.

the Act means the Casino Control Act 1992.

4Notes

The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.

Part 2Casino operator and casino employees5Major changes in state of affairs of casino operator

For the purposes of paragraph (b) of the definition of major change in section 35 (1) of the Act, a change in the state of affairs existing in relation to a casino operator that is described in Schedule 1 is prescribed as a major change.

6Minor changes in state of affairs of casino operator

For the purposes of the definition of minor change in section 35 (1) of the Act, a change in the state of affairs existing in relation to a casino operator that is described in Schedule 2 is prescribed as a minor change.

7Certain persons not “special employees”(1)

For the purposes of section 43 (2) of the Act, a person employed or working in a casino in a capacity relating to:

  • (a)

    the movement of money about the casino, or

  • (b)

    the exchange of money in the casino, or

  • (c)

    the counting of money in the casino, or

  • (d)

    the supervision of that movement, exchange or counting of money,

is exempt from being a special employee if the money concerned relates only to the sale of food or drink, or of souvenirs or similar merchandise, in the casino.

(2)

However, subclause (1) does not operate to exempt from being a special employee an employee who is at any time responsible (whether in an acting capacity or otherwise) for the supervision and management of the sale or supply of liquor in the casino.

(3)

A person employed or working in a casino in any of the following capacities is exempt from being a special employee:

  • (a)

    as a promoter of a junket,

  • (b)

    as a representative of such a promoter,

  • (c)

    as a person providing a cash collection, delivery and handling service to the casino under a contract or as an employee of such a person.

8Change in state of affairs of special employee

For the purposes of section 63 of the Act:

  • (a)

    a change in the state of affairs existing in relation to a holder of a licence that is described in Column 1 of Schedule 3 is prescribed, and

  • (b)

    the particulars that are specified in Column 2 of Schedule 3 opposite a change described in Column 1 of that Schedule are prescribed particulars in relation to that change.

9Identification of employees

A casino employee who is not a licensee under Part 4 of the Act must, at all times while carrying out his or her duties in any part of a casino to which the public does not have access, wear on his or her person and so as to be clearly visible a form of identification approved by the Authority.

Maximum penalty: 1 penalty unit.

Part 3Contracts10Certain contracts not controlled contracts(1)

The object of this clause is to prescribe the classes of contracts that are, for the purposes of paragraph (b) of the definition of controlled contract in section 36 of the Act, exempt from that definition.

(2)

The following classes of contracts are prescribed:

  • (a)

    contracts of employment,

  • (b)

    contracts relating wholly or partly to the supply of goods or services to a casino, but only if the amount payable under such a contract is less than $550,000,

  • (c)

    contracts relating wholly or partly to the conduct of games of Keno by a licensee under the Public Lotteries Act 1996 in the casino,

  • (d)

    contracts relating to the supply to a casino of gas, water or electricity, or postal or telecommunications services,

  • (e)

    contracts relating to the supply of legal, accounting, financial, corporate or property advisory services to a casino,

  • (f)

    contracts relating to the supply of share registry services to a casino,

  • (g)

    contracts relating to the supply of airline services to a casino,

  • (h)

    contracts of insurance and contracts relating to the supply of insurance to, or the procurement of insurance for, a casino,

  • (i)

    contracts relating to the supply of off-site parking to a casino,

  • (j)

    contracts relating to the supply of ticketing agency services to a casino,

  • (k)

    contracts relating to the supply of superannuation services for the benefit of casino employees,

  • (l)

    contracts relating to the supply of banking or financial services to a casino,

  • (m)

    contracts relating to the provision of training courses approved under section 64 of the Act or training courses conducted with the approval of the Authority under Part 4A of this Regulation (as in force before 1 July 2008) or under Division 1 of Part 5 of the Liquor Regulation 2008,

  • (n)

    contracts relating to the provision of membership services by an industry representative body to a casino,

  • (o)

    contracts relating to the provision of services to a casino by one or more of the following:

    • (i)

      Australian Communications Authority,

    • (ii)

      City of Sydney,

    • (iii)

      Department of Gaming and Racing,

    • (iv)

      Ministry of Transport,

    • (v)

      Roads and Traffic Authority,

  • (p)

    contracts relating to the provision of marketing and promotional services by sporting clubs and associations or other sporting bodies to a casino.

(3)

However, a contract of the class specified in subclause (2) (b) is not exempt if the contract is:

  • (a)

    one of 2 or more contracts entered into by the same supplier during any 12 month period, if the aggregate amount payable under the contracts is $550,000 or more, or

  • (b)

    a contract relating to the supply of gaming equipment, if the amount payable under the contract is $11,000 or more, or

  • (c)

    a contract relating to the maintenance of gaming equipment, if the amount payable under the contract is $11,000 or more, or

  • (d)

    a contract relating to the supply or maintenance of security or surveillance equipment, if the amount payable under the contract is $110,000 or more.

(4)

The class of contracts comprising such of the financial contracts relating to the establishment and operation of the casino as require the consent of the Authority is also prescribed.

11Form of controlled contracts and variations of controlled contracts(1)

A controlled contract must be in the following form:

  • (a)

    it must specify an identifying serial number obtained from the Authority, and

  • (b)

    it must be in writing in the English language, and

  • (c)

    it must contain the full names, business addresses and business telephone and facsimile numbers of the parties to the contract, and

  • (d)

    it must contain a full description of the goods or services to be provided under the contract, and

  • (e)

    it must contain a full description of the nature and amount of the consideration for the provision of those goods or services, and

  • (f)

    it must specify the period during which the goods or services are to be provided, and

  • (g)

    it must specify all of the terms (other than the implied terms) of the contract, and

  • (h)

    it must contain a notice in the form of Notice 1 in Schedule 4.

(2)

A variation of a controlled contract must be in the following form:

  • (a)

    it must specify the same identifying serial number as the controlled contract that it varies (the original contract), and

  • (b)

    it must be in writing in the English language, and

  • (c)

    it must specify any change to the names, business addresses and business telephone and facsimile numbers of the parties to the original contract, and

  • (d)

    it must provide full details of the variation of the terms (other than the implied terms) of the original contract, specifying any additional terms.

(3)

If a variation of a controlled contract involves the addition or replacement of a party to the contract, the variation must contain a notice in the form of Notice 2 in Schedule 4.

12Required details of notifiable contracts and variations of notifiable contracts

For the purposes of section 37A (1) of the Act, the following details are prescribed in relation to a notifiable contract (and a variation of a notifiable contract):

  • (a)

    details of the full names and business addresses and business telephone and facsimile numbers of the parties to the contract (or to the contract as varied),

  • (b)

    details of the nature and amount of the consideration for the provision of any goods and services to be provided under the contract (or under the contract as varied),

  • (c)

    the contract’s identifying serial number (allocated by the casino operator).

13Authority to provide serial numbers for controlled contracts

The Authority must, as soon as practicable after receiving notification in accordance with section 37 (1) of the Act of details of a proposed controlled contract, provide the casino operator with an identifying serial number for the proposed contract.

14Fee to accompany contract notice

For the purposes of section 37 (1) of the Act, the prescribed fee is $2,000.

Part 4Responsible gambling practicesDivision 1Junkets and inducements15Casino operator’s involvement with junkets(1)

A casino operator must not act as a representative of a promoter of a junket involving the casino.

Maximum penalty: 100 penalty units.

(2)

However, a casino operator may organise, promote and conduct such a junket on his or her own behalf.

(3)

The junket may be organised, promoted and conducted by the casino operator personally or by a casino employee at the direction of, and on behalf of, the operator.

16Casino employee’s involvement with junkets

A casino employee must not take part in the organisation, promotion or conduct of a junket involving the casino unless:

  • (a)

    the junket concerned is being organised, promoted or conducted by the casino operator, and

  • (b)

    the employee takes part only in his or her capacity as a casino employee.

Maximum penalty: 100 penalty units.

17Representative to be authorised(1)

A person must not act as a representative of a promoter unless the person is duly authorised by the promoter.

(2)

A promoter who authorises a person as the promoter’s representative, or changes such an authority:

  • (a)

    must, when giving (or changing) the authorisation, provide the person with a signed statement specifying the authority (or the authority as changed) given to the person, and

  • (b)

    must provide a copy of the statement to the Authority within 24 hours after providing it to the person.

(3)

A casino operator must not allow a person to act as a representative of a promoter unless the casino operator has received a document, or a copy of a document, that:

  • (a)

    is signed by the promoter, and

  • (b)

    confirms that the person is duly authorised.

(4)

A person who contravenes a provision of this clause is guilty of an offence and liable to a penalty not exceeding 100 penalty units.

18Promoters and representatives to be approved(1)

A person must not act as a promoter (or as a representative of a promoter) without the Authority’s written approval.

(2)

A casino operator must not permit a person to act as a promoter (or as a representative of a promoter) unless the person has the Authority’s written approval so to act.

(3)

An application for an approval referred to in this clause is to be made to the Authority in a form approved by the Authority.

(4)

The Authority must not determine an application for approval unless the application has the written endorsement of the casino operator.

(5)

The Authority may grant a provisional approval pending its determination of an application for approval.

(6)

The Authority may withdraw an approval or a provisional approval at any time by written notice to the holder of the approval or provisional approval.

(7)

The Authority must withdraw an approval or provisional approval if the casino operator requests the Authority in writing to do so.

(8)

A person who contravenes subclause (1) or (2) is guilty of an offence and liable to a penalty not exceeding 100 penalty units.

19Casino operator to notify Authority of conviction of promoter or representative(1)

A casino operator who becomes aware that a promoter or a representative has been convicted of an offence (whether in New South Wales or elsewhere), or is the subject of a finding or order that, because of section 5 of the Criminal Records Act 1991 or an equivalent provision of a law of another jurisdiction, is treated as a conviction for the purposes of that Act or law, must notify the Authority in accordance with this clause.

Maximum penalty: 50 penalty units.

(2)

The notification:

  • (a)

    must be given within 7 days after the casino operator becomes aware of the conviction, and

  • (b)

    must be in writing, and

  • (c)

    must specify the particulars of the offence in so far as those particulars are known to the casino operator.

(3)

This clause does not apply in respect of a conviction in relation to which a pardon has been granted, a conviction that is a spent conviction (within the meaning of Part 2 of the Criminal Records Act 1991 or an equivalent provision of a law of another jurisdiction) or a conviction that has been quashed (within the meaning of Part 4 of the Criminal Records Act 1991 or an equivalent provision of a law of another jurisdiction).

20Advance notice of junkets(1)

A casino operator must provide the Authority with such written details of any proposed junket as the Authority, by notice in writing to the casino operator from time to time, requests.

(2)

The details are to be provided no later than 24 hours before any participant in a proposed junket the subject of such a notice takes part in gaming at the casino (or by such later time as the Authority may allow in a particular case).

(3)

However, if the Authority (by notice under subclause (1) or by a subsequent notice) requests the casino operator to provide a list of participants in a proposed junket, the casino operator must provide the list to the Authority as soon as practicable after receiving the notice.

(4)

A request under this clause may relate to junkets generally, to a particular junket or to junkets of a particular class.

(5)

A casino operator who contravenes a provision of this clause is guilty of an offence and liable to a penalty not exceeding 100 penalty units.

21Participants in junket to be accompanied(1)

The promoter of a junket must ensure that the participants in the junket are accompanied, while in the casino, by the promoter or by his or her representative.

Maximum penalty: 50 penalty units.

(2)

The casino operator must ensure that the participants in a junket organised, promoted or conducted by the casino operator are accompanied, while in the casino, by the casino operator or by a casino employee on behalf of the operator.

Maximum penalty: 50 penalty units.

(3)

However, the Authority may notify the casino operator in writing that participants in a particular junket (or in junkets of a particular class) need not be accompanied while in the casino. The requirements of this clause do not apply to a junket the subject of such a notification.

22Report on completion of junket(1)

A casino operator must provide the Authority with a written report on each junket within 48 hours after the completion of the junket.

(2)

The report is to specify and give reasons for any variation, in the conduct of the junket, from the details of the proposed junket provided to the Authority under clause 20 (1).

(3)

A casino operator must also provide the Authority, no later than the 10th day of each month, with a written report on all junkets concluded during the previous month.

(4)

A report under this clause is to be in a form approved by the Authority.

(5)

However, the Authority may notify the casino operator in writing that a report is not required in respect of a particular junket (or in respect of junkets of a particular class). The requirements of this clause do not apply to a junket the subject of such a notification.

(6)

A casino operator who contravenes a provision of this clause is guilty of an offence and liable to a penalty not exceeding 100 penalty units.

23Gambling inducements

A casino operator must not:

  • (a)

    offer or supply any free or discounted liquor as an inducement to participate, or to participate frequently, in any gambling activity in the casino, or

  • (b)

    offer free credits to players, or as an inducement to persons to become players, of gaming machines in the casino, by means of letter box flyers, shopper dockets, or any other similar means, or

  • (c)

    offer or provide, as an inducement to play gaming machines in the casino, any prize or free give-away that is indecent or offensive in nature.

Maximum penalty: 50 penalty units.

Division 2Player information24Display of information concerning chances of winning prizes on gaming machines(1)

A casino operator must display, in accordance with this clause, notices providing information about the chances of winning a major prize from the use or operation of any gaming machine in the casino.

Maximum penalty: 50 penalty units.

(2)

The notices must contain the following:

  • (a)

    in respect of a notice displayed in accordance with subclause (3) (a):

    Think! What are the odds of hitting the jackpot? Your chance of hitting the jackpot on a gaming machine is no better than a million to one.

  • (b)

    in respect of a notice displayed in accordance with subclause (3) (b):

    What are the odds of hitting the jackpot? No better than a million to one.

(3)

The notices must be:

  • (a)

    displayed in each part of the casino where gaming machines are located in such manner and in such a place that it would be reasonable to expect that a person entering the part of the casino in which the notices are displayed would be alerted to their contents, and

  • (b)

    displayed on each gaming machine kept in the casino or displayed by means of a permanently visible light emitting display that forms part of each such machine.

(3A)

Any such notice that is required to be displayed as referred to in subclause (3) (b) must be positioned so as to enable a person to clearly see the notice while playing the gaming machine.

(4)

The notices must be in a form approved by the Authority and be obtained from the NSW Office of Liquor, Gaming and Racing.

(5)

Despite subclause (1), a notice that complied with this clause, as in force immediately before 1 June 2009, may continue to be used until the end of the period of 12 months from that date or until the date the notice is replaced, whichever happens first.

25Approval of English and other community language player information brochures(1)

In this clause:

player information means the following:

  • (a)

    information concerning the use and operation of gaming machines, or the conduct and playing of other games, or both,

  • (b)

    information concerning the chances of winning prizes from the playing of gaming machines, or other games, or both,

  • (c)

    the Gambling Help line phone number operated under contractual arrangements made by the NSW Office of Liquor, Gaming and Racing.

Note—

Game is defined in section 3 (1) of the Act as a game of chance or a game that is partly a game of chance and partly a game requiring skill.

(2)

The Authority may approve one or more pamphlets or brochures containing player information in the English language (a player information brochure).

(3)

The Authority may approve one or more pamphlets or brochures containing advice in the Arabic, Chinese, Korean, Turkish and Vietnamese languages that:

  • (a)

    indicates the substance of the player information contained in a player information brochure, and

  • (b)

    advises that the information will be supplied by the casino operator in the relevant language on request by a patron of the casino.

(4)

A pamphlet or brochure approved under subclause (3) may be combined with the player information brochure to which it relates.

(5)

The Authority may approve one or more pamphlets or brochures (a community language player information brochure) containing player information in the Arabic, Chinese, Korean, Turkish and Vietnamese languages.

(6)

The Authority may vary or withdraw any approval given under this clause.

26Provision of player information brochures(1)

A casino operator must make copies of a player information brochure approved by the Authority under clause 25 (2) available to patrons of the casino in accordance with this clause.

Maximum penalty: 50 penalty units.

(2)

Player information brochures must:

  • (a)

    if the brochures contain information relating to gaming machines—be made available in each part of the casino in which gaming machines are located, and

  • (b)

    if the brochures contain information relating to other games—be made available in each part of the casino in which those games are conducted.

(3)

The brochures must be displayed in such a manner and in such a place that it would be reasonable to expect that a person entering the part of the casino in which the brochures are required to be available would be alerted to their presence.

(4)

The brochures must be in a form approved by the Authority and be obtained from the NSW Office of Liquor, Gaming and Racing.

(5)

Despite subclause (1), a brochure that complied with clause 25, as in force immediately before 1 June 2009, may continue to be used until the end of the period of 12 months from that date or until the date the brochure is replaced, whichever happens first.

27Provision of player information brochures in community languages(1)

A patron of a casino may request the casino operator to supply to the patron a community language player information brochure approved under clause 25 (5) in one of the languages specified in that subclause.

(2)

A casino operator must supply a brochure in accordance with a request made under subclause (1) as soon as practicable after being requested to do so.

Maximum penalty (subclause (2)): 50 penalty units.

(3)

The brochures must be in a form approved by the Authority and be obtained from the NSW Office of Liquor, Gaming and Racing.

(4)

Despite subclause (2), a brochure that complied with clause 25, as in force immediately before 1 June 2009, may continue to be used until the end of the period of 12 months from that date or until the date the brochure is replaced, whichever happens first.

28Dangers of gambling—notice to be displayed on gaming machines(1)

In this clause:

gambling warning notice means a notice containing one or more of the statements listed in subclause (5).

problem gambling notice is a notice containing the matter required by subclause (6).

(2)

A casino operator must display in accordance with this clause:

  • (a)

    a gambling warning notice, and

  • (b)

    a problem gambling notice.

Maximum penalty: 50 penalty units.

(3)

The gambling warning notice and problem gambling notice must be displayed on each gaming machine kept in the casino.

(3A)

Each such notice must be positioned so as to enable a person to clearly see the notice while playing the gaming machine.

(4)

The wording required to appear in a gambling warning notice may appear (as a separate and distinct statement) in a problem gambling notice or with any other notice displayed on a gaming machine, provided that the requirements of this clause in relation to the gambling warning notice and the problem gambling notice are otherwise complied with.

(5)

The statements referred to in the definition of gambling warning notice in subclause (1) are as follows:

  • Think! About tomorrow

  • Think! About your choices

  • Think! About getting help

  • Think! About your family

  • Think! About your limits

(6)

The notice referred to in the definition of problem gambling notice must contain the following:

Think! About your choices

Call Gambling Help

1800 858 858

number="28(7), (8)">(7), (8)

(Repealed)

(9)

The notices may be attached to a gaming machine or may consist of a permanently visible light emitting display that forms part of the machine.

(10)

The notices must be in a form approved by the Authority and be obtained from the NSW Office of Liquor, Gaming and Racing.

(11)

Despite subclause (2), a gambling warning notice or problem gambling notice that complied with this clause, as in force immediately before 1 June 2009, may continue to be used until the end of the period of 12 months from that date or until the date the notice is replaced, whichever happens first.

29Counselling signage—notice to be displayed(1)

A casino operator must display, in accordance with this clause, a notice containing the following information in the vicinity of any entrance to the casino made available to any patron:

Think! About your choices

Gambling More, enjoying it less?

For free and confidential information and advice about problem gambling, please contact Gambling Help

1800 858 858

penalty: 50 penalty units.

(2)

The notice must be in a form approved by the Authority and be obtained from the NSW Office of Liquor, Gaming and Racing.

(3)

The notice must be displayed in such a manner and in such a place that it would be reasonable to expect that a person using any entrance to the casino made available to any patron would be alerted to its contents.

(4)

Despite subclause (1), a notice that complied with this clause, as in force immediately before 1 June 2009, may continue to be used until the end of the period of 12 months from that date or until the date the notice is replaced, whichever happens first.

30Signage to be displayed on ATMs and cash-back terminals(1)

A casino operator must display in accordance with this clause a notice in the following form on, or in the immediate vicinity of, each automatic teller machine (ATM) or cash-back terminal installed in the casino environs:

Think! About your choices

Call Gambling Help

1800 858 858

penalty: 50 penalty units.

(1AA)

If the notice is displayed on an ATM or cash-back terminal, it must be positioned so as to enable a person to clearly see the notice while using the ATM or cash-back terminal.

(1A)

In the case of a cash-back terminal, the notice must also contain the following:

Your player activity statement is available from the casino operator

(2)

The matter contained in the notice must be in letters and figures of not less than 0.2 centimetres in height.

(3)

The notice may be attached to an automatic teller machine or cash-back terminal or may consist of a permanently visible light emitting display that forms part of the machine or cash-back terminal.

(3A)

Despite subclause (1), a notice that complied with this clause, as in force immediately before 1 June 2009, may continue to be used until the end of the period of 12 months from that date or until the date the notice is replaced, whichever happens first.

(4)

In this clause:

cash-back terminal means a customer-operated payment machine that enables gaming machine players to cash in their credits or winnings.

31Display of clocks

A casino operator must ensure:

  • (a)

    that a clock in good working order and that is set to, or within 10 minutes of, the correct time is kept in each part of the casino where gaming machines are located, and

  • (b)

    that the time shown on that clock can be readily viewed by any person operating a gaming machine in that part of the casino.

Maximum penalty: 50 penalty units.

32Payment of prize money by cheque(1)

If the total prize money payable to a person exceeds $1,000, the casino operator must:

  • (a)

    notify the person, verbally or by the use of signs or other similar means, that the person may request the total prize money (or part of it) be paid by means of crossed cheque, and

  • (b)

    if the person makes any such request, pay the amount requested by means of a crossed cheque payable to the person.

Maximum penalty: 50 penalty units.

(2)

In this clause:

crossed cheque means a cheque crossed as referred to in section 53 of the Cheques Act 1986 of the Commonwealth as in force on the commencement of this clause.

total prize money means the total amount of money payable to a person as a result of:

  • (a)

    the person winning money on a gaming machine or winning a non-monetary prize that the person has, pursuant to section 66 (4) of the Act, chosen to be paid in money, or

  • (b)

    the person accumulating credits on a gaming machine,

or both, on a single occasion.

(3)

This clause commences on 1 March 2002.

32A

(Repealed)

32AARequirement to keep copy of player activity statement

A casino operator must keep a copy of any player activity statement that the casino operator is required by the Authority to make available.

Maximum penalty: 50 penalty units.

32B

(Repealed)

Division 3Advertising33Prohibitions on gambling-related advertising(1)

A casino operator is not to publish, or cause to be published, any casino advertising:

  • (a)

    that encourages breaches of the law, or

  • (b)

    that includes children, or

  • (c)

    that is false, misleading or deceptive, or

  • (d)

    that is not conducted in accordance with decency, dignity and good taste and in accordance with any relevant advertising code of practice in force at the time the advertisement is published, or

  • (e)

    that suggests that winning a prize is a likely outcome of participating in gambling activities, or

  • (f)

    that suggests that participation in gambling activities is likely to improve a person’s social standing or financial prospects, or

  • (g)

    that suggests that a player’s skill can influence the outcome of a game that is purely a game of chance, or

  • (h)

    that depicts or promotes the consumption of alcohol while engaging in gambling activities.

Maximum penalty: 100 penalty units.

(2)

A casino operator is not to publish, or cause to be published, any casino advertising in writing in a newspaper, magazine, poster or other printed form that does not contain the following statement:

Think! About your choices

Call Gambling Help

1800 858 858

penalty: 100 penalty units.

(3)

A person (other than a casino operator) who publishes any casino advertising that does any of the things referred to in subclauses (1) (a)–(h) or (2) commits an offence against this Regulation and is liable to a penalty not exceeding 100 penalty units.

(4)

Subclause (3) does not apply if the casino operator approved in writing of the publication of the casino advertising concerned.

(5)

A casino operator must remove any casino advertising displayed in the casino environs that does not comply with this clause.

Maximum penalty: 100 penalty units.

(6)

A casino operator must not enter into or extend the duration of any contract or arrangement for the publication of casino advertising that does not comply with this clause. Any such contract or arrangement is of no effect.

Maximum penalty: 100 penalty units.

(6A)

Despite subclauses (2) and (3), a casino operator or other person who, before 1 June 2010, publishes or causes to be published any casino advertising that contains the statement set out in subclause (2), as in force immediately before 1 June 2009, does not commit an offence under this clause in relation to a failure to contain such a statement.

(7)

In this clause:

casino advertising means advertising that is directly related to the operation of the casino, but does not include an advertisement relating to gaming machines within the meaning of section 70A of the Act.

publication includes dissemination of any kind, whether effected by oral, visual, written or other means (for example, dissemination by means of cinema, video, radio, electronics, the Internet or television).

33AProhibition on gambling-related signs(1)

On and from 11 July 2002, a casino operator must not display or cause to be displayed any gambling-related sign unless the sign is located in a casino.

Maximum penalty: 100 penalty units.

(2)

A casino operator must not, after the commencement of the Casino Control Amendment (Cheques and Signage) Regulation 2002, enter into or extend the duration of any contract or arrangement for displaying a gambling-related sign that is displayed in contravention of subclause (1).

Maximum penalty: 100 penalty units.

(3)

In this clause:

gambling-related sign means any sign (whether consisting of words, symbols, pictures or any other thing) that draws attention to, or can reasonably be taken to draw attention to, the availability of gaming machines in a casino, but does not include any sign relating to the conduct of a totalizator under the Totalizator Act 1997 or of a public lottery under the Public Lotteries Act 1996.

34Publicity for prize-winners(1)

A casino operator or an employee of a casino operator must not publish or cause to be published anything which identifies any person who:

  • (a)

    wins a prize of more than $1,000 in value from playing a gaming machine located in the casino, and

  • (b)

    when claiming the prize, requests in writing given to the casino operator or an employee of the casino operator that anything disclosing his or her identity not be published.

Maximum penalty: 50 penalty units.

(2)

A prize-winner who makes a request referred to in subclause (1) (b) may at any time revoke the request.

(3)

Subclause (1) does not apply to:

  • (a)

    a request that has been revoked by the prize-winner, or

  • (b)

    the publication of information relating to the type or value of the prize won and the venue or geographic location where it was won.

Division 4Problem gambling counselling services34AProvision of problem gambling counselling services(1)

This clause commences on 2 July 2002.

(2)

The persons or bodies that are to provide problem gambling counselling services as referred to in section 72A of the Act include, but are not limited to, any person or body that receives funding from the Responsible Gambling Fund for the specific purpose of providing gambling-related counselling or treatment services.

(3)

A casino operator is required to make available at all times to the patrons of the casino information as to the name and contact details of a problem gambling counselling service made available by a service provider.

(4)

A casino operator must also provide the information referred to in subclause (3):

  • (a)

    to each person who is the subject of an exclusion order given on the voluntary application of the person under section 79 (3) of the Act (such information being provided at the time the person becomes subject to the exclusion order or as soon as practicable after that time), and

  • (b)

    to any other person when requested to do so.

(5)

A casino operator must display a notice that complies with subclause (6) in any area of the casino in which gaming machines are located.

Maximum penalty: 50 penalty units.

(6)

The notice must contain the following information:

  • (a)

    the name and contact details of the problem gambling counselling service referred to in subclause (3),

  • (b)

    a statement advising patrons that an exclusion order under section 79 of the Act may be made on the voluntary application of a person.

34AAProvision of gambling contact cards(1)

A casino operator must display gambling contact cards in a card holder that is securely attached to each bank of gaming machines and that is positioned so as to enable a person to clearly see the gambling contact cards:

  • (a)

    while playing a gaming machine that is part of the bank of gaming machines, or

  • (b)

    when approaching the bank of gaming machines.

Maximum penalty: 50 penalty units.

(2)

In this clause:

card holder means a clear, plastic, see-through container.

gambling contact card means a card displaying information in relation to:

  • (a)

    self-exclusion from the casino, and

  • (b)

    contact details for problem gambling help options,

and that is in a form approved by the Authority and obtained from the NSW Office of Liquor, Gaming and Racing.

(3)

This clause commences on 1 December 2009.

Part 4AResponsible service of alcohol training34BDefinitions

In this Part:

licence, licensee and licensed premises have the same meanings as they have in the Liquor Act 2007, as applied by Schedule 5 and modified by Schedule 6.

recognised RSA certificate means a recognised RSA certificate within the meaning of Division 1 of Part 5 of the Liquor Regulation 2008, and includes any recognised RSA certificate within the meaning of this Part (before its substitution by the Casino Control Amendment (Liquor) Regulation 2008) and in force immediately before 1 July 2008.

staff member, in relation to licensed premises, means any agent or employee of, or person purporting to act on behalf of, the licensee of the premises.

34CObligations of licensee as to responsible service of alcohol

The licensee of licensed premises must not cause or permit a staff member to sell, supply or serve liquor by retail on the premises unless the staff member holds a recognised RSA certificate.

Maximum penalty: 50 penalty units.

34DObligations of staff members as to responsible service of alcohol

A staff member of licensed premises must not sell, supply or serve liquor by retail on the premises unless the staff member holds a recognised RSA certificate.

Maximum penalty: 10 penalty units.

34DA

(Repealed)

34EObligations in relation to persons carrying on certain security activities(1)

The licensee of licensed premises must not employ or engage a person to carry on activities as a crowd controller or bouncer on or about the premises unless the person holds a recognised RSA certificate.

Maximum penalty: 50 penalty units.

(2)

A person must not, in the course of the person’s employment, carry on activities as a crowd controller or bouncer on or about licensed premises unless the person holds a recognised RSA certificate.

Maximum penalty: 10 penalty units.

Note—

Under the Security Industry Act 1997, a person who is employed to act as a crowd controller, venue controller or bouncer is required to hold a class 1C licence under that Act.

34FConduct of promotional activities

For the purposes of this Part:

  • (a)

    liquor that is sold, supplied or served on licensed premises as part of a promotional activity conducted by someone other than the licensee is taken to have been sold, supplied or served by retail, and

  • (b)

    any person by whom liquor is sold, supplied or served on licensed premises as part of a promotional activity conducted by someone other than the licensee is taken to be a staff member.

34GLicensee to keep register of recognised RSA certificates(1)

It is a condition of a licence for licensed premises that the licensee must keep a register containing:

  • (a)

    a copy of the recognised RSA certificate for the licensee, and

  • (b)

    a copy of the recognised RSA certificate for each staff member whose duties include the sale, supply or service of liquor by retail, and

  • (c)

    a copy of the recognised RSA certificate for each person employed or engaged by the licensee to carry on activities as a crowd controller or bouncer on or about the licensed premises.

(2)

It is a condition of a licence for licensed premises that the licensee must make the register kept under this clause available for inspection on request by a police officer or inspector.

34H–34L

(Repealed)

Part 5Miscellaneous35Application of Liquor Act 2007 to casino(1)

For the purposes of section 89 of the Act, those provisions of the Liquor Act 2007 specified in Part 1 of Schedule 5 apply to and in respect of the licensed premises, modified to read as set out in Schedule 6.

(2)

In addition, those provisions of the Liquor Act 2007 specified in Part 2 of Schedule 5 apply to and in respect of those parts of the licensed premises:

  • (a)

    that are not operated by a casino operator, or

  • (b)

    that are operated by a casino operator under section 61 of those applied provisions,

modified to read as set out in Schedule 6.

(3)

In the provisions set out in Schedule 6:

  • (a)

    the expression this Act is taken to refer to those provisions, and

  • (b)

    cross-references to sections, or to other provisions within sections, that are not qualified by reference to another Act are references to those provisions as set out in that Schedule.

(4)

In this clause, licensed premises means the premises or part of the premises in the casino or casino environs on which the sale of liquor is authorised by a licence.

35ADrinking water to be available free of charge on licensed premises(1)

A licence is subject to the condition that drinking water must, at all times while liquor is sold or supplied on the licensed premises, be made available free of charge to patrons at or near the point of service at which, or by the same means of service by which, liquor is sold or supplied on the premises.

(2)

In this clause and in clauses 35B–35E:

licence, licensee and licensed premises have the same meanings as they have in the Liquor Act 2007, as applied by Schedule 5 and modified by Schedule 6.

35BLow alcohol beer and non-alcoholic beverages to be available on licensed premises

A licence is subject to the condition that, at all times while liquor is sold or supplied on the licensed premises, low alcohol beer and non-alcoholic beverages must be available for sale or supply at or near the point of service at which, or by the same means of service by which, liquor is sold or supplied on the premises.

35CDiscount liquor promotions or advertisements(1)

This clause applies to any promotion or advertisement involving the discounting of liquor that is conducted, or published, by or on behalf of a licensee.

(2)

If a promotion or advertisement to which this clause applies:

  • (a)

    appears in the printed or electronic media, or

  • (b)

    is conducted on or in the vicinity of the licensed premises or appears inside or in the vicinity of the licensed premises, or

  • (c)

    is made available for the public to participate in or view,

the Authority may, by notice in writing, require the licensee to include, as part of the promotion or advertisement, a message that encourages the responsible consumption of alcohol.

(3)

The Authority may, in making any such requirement, specify:

  • (a)

    the content of the message, and

  • (b)

    the manner in which the message is to appear as part of the promotion or advertisement (including the size, colour and nature of the message and its placement in relation to the promotion or advertisement).

(4)

A licensee must comply with a notice given to the licensee under this clause.

Maximum penalty: 50 penalty units.

35DCodes of practice(1)

The Authority may approve of a code of practice that deals with the responsible sale, supply, service and promotion of liquor.

(2)

The Authority may approve of any such code of practice for all licences or for particular licences only.

(3)

If the Authority approves of a code of practice in relation to a licence, it is a condition of the licence that the licensee complies with the code.

35EDisplay and availability of licence etc(1)

This clause applies to any member of staff of licensed premises who:

  • (a)

    sells, supplies or serves liquor on the licensed premises, or

  • (b)

    carries on any security activity (such as a crowd controller or bouncer) on or about the licensed premises, or

  • (c)

    exercises any functions under the Liquor Act 2007 (as applied by Schedule 5 and modified by Schedule 6).

(2)

It is a condition of a licence that a copy of each of the following are available at all times for the information of the members of staff of the licensed premises to which this clause applies:

  • (a)

    the licence,

  • (b)

    any minors area authorisation held in relation to the licence,

  • (c)

    any conditions imposed by the Authority on the licence or any such authorisation.

36Gaming equipment(1)

A casino operator must provide the Authority with written details of the following matters at least 24 hours (or within such shorter period as the Authority may allow in a particular case) before the proposed time of delivery to the casino of any gaming equipment:

  • (a)

    the equipment concerned,

  • (b)

    the method by which the equipment is to be delivered to the casino,

  • (c)

    the proposed date of its delivery.

Maximum penalty: 50 penalty units.

(2)

Subclause (1) applies only in respect of gaming equipment of a kind specified by the Authority by written notice given to the casino operator from time to time.

37Detention of suspected person for certain offences

For the purposes of section 88 (2) of the Act, the following provisions of the Act are prescribed:

  • (a)

    section 84 (Excluded person not to enter casino),

  • (b)

    section 93 (Minors not to enter casino),

  • (c)

    section 162 (Forgery etc).

38

(Repealed)

39Evidence of age

Any of the following documents is, for the purposes of the Act, evidence that the person is at least 18 years of age, but only if the document bears a photograph of the person and indicates (by reference to the person’s date of birth or otherwise) that the person is of or above that age and only if the document has not expired and otherwise appears to be in force:

  • (a)

    a motor vehicle driver or rider’s licence or permit issued by the Roads and Traffic Authority or by the corresponding public authority of another State or Territory or under the law of another country,

  • (b)

    a Photo Card issued under the Photo Card Act 2005,

  • (c)

    a document (referred to as an existing RTA proof of age card) issued by the Roads and Traffic Authority under section 117EA of the Liquor Act 1982 and in force immediately before 1 July 2008,

    Note—

    Existing RTA proof of age cards cease to be valid for any purpose on 14 December 2008.

  • (d)

    a proof of age card (however described) issued by a public authority of the Commonwealth or of another State or Territory for the purpose of attesting to a person’s identity and age,

  • (e)

    an Australian or foreign passport.

40

(Repealed)

41Penalty notice offences(1)

For the purposes of section 168A of the Act:

  • (a)

    each offence created by a provision specified in Column 1 of Part 1 or Column 1 of Part 2 of Schedule 8 is prescribed, and

  • (b)

    the prescribed amount of penalty for such an offence is the amount specified opposite the offence in Column 2 of Schedule 8.

(2)

For the purposes of section 150 of the Liquor Act 2007 (as applied by this Regulation and modified to read as set out in Schedule 6):

  • (a)

    each offence created by a provision specified in Column 1 of Part 3 of Schedule 8 is prescribed, and

  • (b)

    the prescribed amount of penalty for such an offence is the amount specified opposite the offence in Column 2 of Schedule 8.

42

(Repealed)

43Remedial orders(1)

For the purposes of section 169A of the Act, offences against section 74 (Credit prohibited) of the Act are prescribed offences.

(2)

For the purposes of section 169A of the Act, offences against the following provisions of this Regulation are prescribed offences:

  • (a)

    clause 23 (Gambling inducements),

  • (b)

    clause 24 (Display of information concerning chances of winning prizes on gaming machines),

  • (c)

    clause 26 (Provision of player information brochures),

  • (d)

    clause 27 (Provision of player information brochures in community languages),

  • (e)

    clause 28 (Dangers of gambling—notice to be displayed on gaming machines),

  • (f)

    clause 29 (Counselling signage—notice to be displayed),

  • (g)

    clause 30 (ATM signage),

  • (h)

    clause 31 (Display of clocks),

  • (i)

    clause 32 (Payment of prize money by cheque),

  • (j)

    clause 33 (Prohibitions on gambling-related advertising),

  • (k)

    clause 34 (Publicity for prize-winners).

43AReferences to casino community benefit levy and fund(1)

In any document:

  • (a)

    a reference to a casino community benefit levy payable under section 115 of the Act is to be construed as a reference to a responsible gambling levy payable under that section, and

  • (b)

    a reference to the Casino Community Benefit Fund is to be construed as a reference to the Responsible Gambling Fund.

(2)

In this clause:

document means any Act (other than the Casino Control Act 1992) or statutory instrument, or any other instrument, or any contract or agreement.

44Savings provision

Any act, matter or thing that, immediately before the repeal of the Casino Control Regulation 1995, had effect under that Regulation continues to have effect under this Regulation.

Schedule 1Description of major change in state of affairs of a casino operator

(Clause 5)

1

A change in:

  • (a)

    the name of the casino operator, or

  • (b)

    the principal business address of the casino operator.

2

A person’s ceasing to be a close associate of the casino operator.

3

A change in:

  • (a)

    the information entered in the register of members of the casino operator, or

  • (b)

    the beneficiaries or unitholders of the trust of the casino operator.

4

A change consisting of:

  • (a)

    the sale or purchase of 5% or more of the paid-up capital of the casino operator, or

  • (b)

    the acquisition by a person of a beneficial interest in the paid-up capital of the casino operator that results in that person having a beneficial interest in 5% or more of that capital.

5

A change in the nominal or paid-up capital of the casino operator.

6

A change in the objectives or main activities of the casino operator.

7

A change in any direct or indirect financial interest held by the casino operator in any business or enterprise (including the acquisition or disposal of such an interest).

8

The casino operator commencing to carry on any other business or enterprise at any place, or the appointment of a person to carry on any other business or enterprise on the casino operator’s behalf.

9

The involvement of the casino operator or a member of the board of directors, a trustee or a close associate of the casino operator as a party to:

  • (a)

    any dispute or event that, in the opinion of the casino operator, is likely to give rise to criminal proceedings, or

  • (b)

    the commencement, discontinuance or finalisation of criminal proceedings.

10

The creation of a charge in excess of $500,000 over any real or personal property of the casino operator.

11

An increase or decrease of $5,000,000 or more in the finance available to the casino operator.

12

The entry into an arrangement under Part 5.1 of the Corporations Act 2001 of the Commonwealth by the casino operator or a close associate of the casino operator.

13

The entering into possession of, or assumption of control of, property of the casino operator, or a close associate of the casino operator, by a receiver or other controller within the meaning of the Corporations Act 2001 of the Commonwealth.

14

The commencement of the administration of the casino operator, or a close associate of the casino operator, under Part 5.3A of the Corporations Act 2001 of the Commonwealth.

15

The ending of the administration of the casino operator, or a close associate of the casino operator, under Part 5.3A of the Corporations Act 2001 of the Commonwealth.

16

The commencement of the winding up of the casino operator or a close associate of the casino operator.

17

The casino operator’s breach of obligations under any contract or arrangement for the provision of a loan or other financial accommodation.

18

A change in constituent documents relating to the casino (such as Articles of Association, trust deed or unitholders agreement).

Schedule 2Description of minor change in state of affairs of a casino operator

(Clause 6)

1

A change in:

  • (a)

    the postal address of the casino operator, or

  • (b)

    the telephone number of the casino operator, or

  • (c)

    the facsimile number of the casino operator.

2

The involvement of the casino operator or a member of the board of directors, a trustee or a close associate of the casino operator as a party to:

  • (a)

    any dispute or event that, in the opinion of the casino operator, is likely to give rise to civil proceedings or to alternative dispute resolution procedures, or

  • (b)

    the commencement, settlement, discontinuance or finalisation of civil proceedings, or

  • (c)

    the commencement or finalisation of alternative dispute resolution procedures.

3

The commencement, discontinuance or finalisation of criminal proceedings to which a casino employee of the casino operator is a party.

4

The repossession of any property of the casino operator.

5

An amendment of an assessment relating to the casino operator under the income tax laws of the Commonwealth.

6

The casino operator commencing to remunerate a casino employee at a remuneration level of $150,000 a year or more (whether as salary or remuneration package), and any increase or decrease in the remuneration paid to such an employee.

7

The sale of any of the casino operator’s assets, if the consideration for the sale exceeds $250,000 or the asset is valued in the casino operator’s books of account at more than $250,000.

Schedule 3Change in state of affairs of licensee

(Clause 8)

Column 1

Column 2

Description of change

Prescribed information

1

A change in:

  • (a)

    the name of the licensee, or

  • (b)

    the principal residential address of the licensee, or

  • (c)

    the telephone number of the licensee.

Particulars of those matters as changed.

2

The involvement of the licensee as a party to:

  • (a)

    the commencement, settlement, discontinuance or finalisation of civil proceedings, or

  • (b)

    the commencement or finalisation of criminal proceedings, or

  • (c)

    the commencement or finalisation of alternative dispute resolution proceedings.

Particulars of:

  • (a)

    the nature of the proceedings, and

  • (b)

    the names and addresses of the other parties to the proceedings, and

  • (c)

    the date of the commencement, settlement, discontinuance or finalisation of the proceedings, and

  • (d)

    the terms of the settlement (unless the terms of settlement are prohibited from being disclosed) or the result of the finalisation of the proceedings (including the making of an order under section 10 of the Crimes (Sentencing Procedure) Act 1999).

3

A change consisting of the obtaining of judgment against the licensee.

Particulars giving the terms of the judgment.

4

The licensee:

  • (a)

    becomes bankrupt, or

  • (b)

    applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, or

  • (c)

    compounds with creditors or makes an assignment of remuneration for their benefit, or

  • (d)

    enters into a compromise or scheme of arrangement with creditors.

Particulars of:

  • (a)

    the terms, and

  • (b)

    the date,

of the bankruptcy, application, compounding, assignment, compromise or scheme of arrangement.

Schedule 4Notices in controlled contracts

(Clause 11)

Notice 1Casino Control Act 1992

This contract is a controlled contract within the meaning of the Casino Control Act 1992 (the Act).

Parties to this contract may be required to provide information to the Casino Control Authority (the Authority).

This contract may be terminated in certain circumstances.

A party to this contract may be served with a notice in writing by the Authority affording the party an opportunity to show cause within 14 days why the contract should not be terminated on the grounds that, for reasons specified in the notice, it is not in the public interest for the contract to remain in force.

A party served with a notice may, within the period of 14 days specified in the notice, arrange with the Authority for the making of submissions as to why the contract should not be terminated.

After considering any submissions so made, the Authority 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 the operation of section 39 of the Act.

If the contract is terminated in accordance with Division 2 of Part 3 (sections 36–42) of the Act:

  • (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 Authority incurs any liability by reason of that termination.

A party to a contract terminated in accordance with Division 2 of Part 3 of the Act commits an offence under section 41 of the Act and is liable to a penalty not exceeding 100 penalty units if the party gives any further effect to any part of the contract.

Notice 2Casino Control Act 1992

The contract to which this variation of contract relates is a controlled contract within the meaning of the Casino Control Act 1992 (the Act).

Parties to the contract may be required to provide information to the Casino Control Authority (the Authority).

The contract may be terminated in certain circumstances.

A party to the contract may be served with a notice in writing by the Authority affording the party an opportunity to show cause within 14 days why the contract should not be terminated on the grounds that, for reasons specified in the notice, it is not in the public interest for the contract to remain in force.

A party served with a notice may, within the period of 14 days specified in the notice, arrange with the Authority for the making of submissions as to why the contract should not be terminated.

After considering any submissions so made, the Authority 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 the operation of section 39 of the Act.

If the contract is terminated in accordance with Division 2 of Part 3 (sections 36–42) of the Act:

  • (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 Authority incurs any liability by reason of that termination.

A party to a contract terminated in accordance with Division 2 of Part 3 of the Act commits an offence under section 41 of the Act and is liable to a penalty not exceeding 100 penalty units if the party gives any further effect to any part of the contract.

Schedule 5Application of Liquor Act 2007 to casino

(Clause 35)

Part 1Provisions of Liquor Act 2007 applying to licensed premises

Sections 3–11, 40 (1) and (2), 52, 53, 56, 66–75, 77, 79–81, 91, 92, 95, 97, 99–102, 111–113, 117–119, 123–136, 145–147, 149–152, 155, 157, 158 and 160.

Clauses 2, 3, 17–21 and 26 of Schedule 1.

Part 2Additional provisions of Liquor Act 2007 applying to casino premises

Sections 22, 27, 40 (4) and (5), 41–43, 45–47, 55, 60, 61, 76, 78, 82–85, 87–90, 94, 107, 120, 121 and 137–143.

Schedule 6Applied provisions of Liquor Act 2007 as modified

(Clause 35)

Part 1Preliminary3Regard to be had to harm minimisation and other measures

Each person who exercises functions under this Act (including a licensee) is required to have due regard to the following:

  • (a)

    the need to minimise harm associated with misuse and abuse of liquor (including harm arising from violence and other anti-social behaviour),

  • (b)

    the need to encourage responsible attitudes and practices towards the promotion, sale, supply, service and consumption of liquor,

  • (c)

    the need to ensure that the sale, supply and consumption of liquor contributes to, and does not detract from, the amenity of community life.

4Definitions(1)

In this Act:

Authority means the Casino, Liquor and Gaming Control Authority constituted under the Casino, Liquor and Gaming Control Authority Act 2007.

bar area means a part of licensed premises (being a part not operated by a casino operator) in which liquor is ordinarily sold or supplied for consumption on the premises, but does not include:

  • (a)

    a restaurant, or

  • (b)

    a part of the licensed premises in respect of which a minors area authorisation under section 121 is in force, whenever the authorisation operates to authorise the use by a minor of that part, or

  • (c)

    a part of the licensed premises in which liquor is sold or supplied exclusively to residents.

beer means liquor that is beer, ale, lager, pilsener, porter, stout or any other fermented malt liquor or any fermented liquor made from hops or that for the purposes of sale is held out to be beer.

casino has the same meaning as in the Casino Control Act 1992.

casino environs means premises the subject of an order under section 89 (3) of the Casino Control Act 1992.

casino operator means a person who is the holder of a licence under Part 2 of the Casino Control Act 1992 to operate a casino.

close associate means a close associate within the meaning of the Casino, Liquor and Gaming Control Authority Act 2007.

Director means the Director of Liquor and Gaming holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.

employ includes engage under a contract for services and employee includes a person engaged under a contract for services.

evidence of age document for a person means any of the following documents that bears a photograph of the person and that indicates (by reference to the person’s date of birth or otherwise) that the person has attained a particular age, but does not include any such document that has expired or otherwise appears not to be in force:

  • (a)

    a motor vehicle driver or rider’s licence or permit issued by the Roads and Traffic Authority or by the corresponding public authority of another State or Territory or under the law of another country,

  • (b)

    a Photo Card issued under the Photo Card Act 2005,

  • (c)

    a document (referred to as an existing RTA proof of age card) issued by the Roads and Traffic Authority under section 117EA of the Liquor Act 1982 and in force immediately before the repeal of that section,

    Note—

    Existing RTA proof of age cards cease to be valid for any purpose on 14 December 2008.

  • (d)

    a proof of age card (however described) issued by a public authority of the Commonwealth or of another State or Territory for the purpose of attesting to a person’s identity and age,

  • (e)

    an Australian or foreign passport.

financial institution means a bank or authorised deposit-taking institution.

former Act means the Liquor Act 1982 as applied and modified under the regulations under the Casino Control Act 1992.

inspector means an inspector within the meaning of the Casino, Liquor and Gaming Control Authority Act 2007.

intoxicated—see section 5.

licence means a licence in force under section 10.

licensed premises means the premises or part of the premises in the casino or casino environs on which the sale or supply of liquor is authorised by a licence.

licensee means the holder of a licence.

liquor means any of the following:

  • (a)

    a beverage which, at 20° Celsius, contains more than 1.15% ethanol by volume,

  • (b)

    anything that is not a beverage referred to in paragraph (a) but, for the purposes of sale, is held out to be beer or spirits,

  • (c)

    any vapour that would, as a liquid, be a beverage as referred to in paragraph (a),

  • (d)

    an alcohol-based food essence (being a food flavouring preparation in liquid form that, at 20° Celsius, contains more than 1.15% ethanol by volume) that is packaged:

    • (i)

      in the case of vanilla essence (whether natural or imitation)—in a container of more than 100 millilitres capacity, or

    • (ii)

      in any other case—in a container of more than 50 millilitres capacity,

    except in circumstances where the alcohol-based food essence is sold in that container by wholesale.

local liquor accord—see section 131.

manager of licensed premises means a person appointed by the licensee under section 66 to manage the licensed premises.

meal means a genuine meal consumed by a person at a dining table and includes, in the case of a licence that authorises the sale of liquor to a resident for consumption away from the licensed premises:

  • (a)

    a meal supplied by the licensee for immediate consumption (otherwise than at a dining table) on or away from the premises, and

  • (b)

    a picnic-style hamper supplied by the licensee for consumption (otherwise than at a dining table) away from the premises on the same day as it is supplied.

minor means a person who is under the age of 18 years.

owner of premises means the person entitled to the rents or profits of the premises.

prohibited drug and prohibited plant have the same meanings as in the Drug Misuse and Trafficking Act 1985.

related corporation of a licensee means a corporation that, within the meaning of the Corporations Act 2001 of the Commonwealth, is a related body corporate of the licensee.

resident of licensed premises means a person (other than the licensee) who resides, or is staying overnight in, a part of the premises that has been set aside for the purposes of accommodation.

responsible adult, in relation to a minor, means an adult who is:

  • (a)

    a parent, step-parent or guardian of the minor, or

  • (b)

    the minor’s spouse or de facto partner, or

  • (c)

    for the time being standing in as the parent of the minor.

responsible person for licensed premises means any of the following:

  • (a)

    the licensee,

  • (b)

    the manager of the premises,

  • (c)

    an employee or agent of the licensee or manager,

  • (d)

    a person acting or purporting to act on behalf of the licensee or manager.

restaurant means premises (however described) in respect of which the primary purpose is the business of preparing and serving meals to the public.

sell includes any of the following:

  • (a)

    barter or exchange,

  • (b)

    offer, agree or attempt to sell,

  • (c)

    expose, send, forward or deliver for sale,

  • (d)

    cause or permit to be sold or offered for sale.

supply includes dispose of or deliver.

(2)

In this Act, a reference to the exercise of a function includes a reference to the exercise or performance of a power, authority or duty.

(3)

Notes included in the text of this Act do not form part of this Act.

5Meaning of “intoxicated”(1)

For the purposes of this Act, a person is intoxicated if:

  • (a)

    the person’s speech, balance, co-ordination or behaviour is noticeably affected, and

  • (b)

    it is reasonable in the circumstances to believe that the affected speech, balance, co-ordination or behaviour is the result of the consumption of liquor.

(2)

Accordingly, a reference in this Act to intoxication in relation to licensed premises is a reference to the presence of intoxicated persons on the licensed premises.

(3)

The Director is to issue guidelines to assist in determining whether or not a person is intoxicated for the purposes of this Act. Such guidelines are to be made publicly available in such manner as the Director considers appropriate.

(4)

The guidelines issued by the Director may also indicate circumstances in which a person may be assumed not to be intoxicated for the purposes of this Act.

6Exemptions from Act(1)

This Act does not apply to or in respect of the following:

  • (a)

    [not applied]

  • (b)

    the sale of spirituous or distilled perfume as perfumery only and not for drinking,

  • (c)

    the sale of liquor for medicinal purposes by:

    • (i)

      a registered medical practitioner, or

    • (ii)

      a nurse authorised under the Nurses and Midwives Act 1991 to practise as a nurse practitioner, or

    • (iii)

      a midwife authorised under that Act to practise as a midwife practitioner, or

    • (iv)

      a registered pharmacist,

  • (d)

    the sale of liquor to an adult at an auction conducted by an auctioneer, but only if the requirements referred to in subsection (2) are complied with,

  • (e)

    the sale of liquor taken in execution or under similar process, or forfeited to the Crown, if the sale is by or on behalf of the sheriff or a sheriff’s officer, or a bailiff or a police officer,

  • (f), (g)

    [not applied]

  • (h)

    the sale of liquor authorised by a law of the Commonwealth for the export of the liquor from the Commonwealth,

  • (i)

    the sale of liquor that is part of a sale of flowers or food designed to be delivered as a gift to a person (not being the purchaser) specified by the purchaser, but only if:

    • (i)

      the liquor is delivered together with the flowers or food to the person so specified at a place other than the premises at which the business of the vendor is conducted, and

    • (ii)

      the liquor has been purchased by the vendor on a retail basis, and

    • (iii)

      the volume of liquor supplied in respect of each gift delivered by the vendor does not exceed 2 litres, and

    • (iv)

      the person to whom the liquor is delivered is an adult,

  • (j), (k)

    [not applied]

  • (l)

    the sale or supply of liquor in such other circumstances as may be prescribed by the regulations under the Casino Control Act 1992.

(2)

For the purposes of subsection (1) (d) of the Act, the following requirements are prescribed:

  • (a)

    the auctioneer conducting the auction must be a person who carries on business (or is employed) as a professional auctioneer,

  • (b)

    the auction must be publicly promoted as an auction involving the sale of liquor,

  • (c)

    the Authority must be notified, in the form and manner approved by the Authority, that the auctioneer sells liquor by auction otherwise than under the authority of a licence under this Act,

  • (d)

    the auctioneer must comply with any direction given to the auctioneer by the Authority as to the quantity or type of liquor that may be sold by auction or as to the manner or frequency in which liquor is sold by auction.

Part 2Principal offences relating to sale and supply of liquor7Licence required to sell liquor(1)

A person must not sell liquor unless the person is authorised to do so by a licence.

Maximum penalty: 100 penalty units or imprisonment for 12 months, or both.

(2)

A person does not commit an offence under subsection (1) if the person is an employee or agent of a licensee and the sale is made in accordance with this Act and the authorisation conferred by the licence.

(3)

A person who is the occupier, manager or person apparently in control of any premises on or from which liquor is sold in contravention of subsection (1) is taken to have sold the liquor unless it is proved that the person:

  • (a)

    had no knowledge of the sale, and

  • (b)

    had used all due diligence to prevent the sale of liquor on or from the premises.

8Keeping or using unlicensed premises(1)

A person must not:

  • (a)

    open, keep or use any premises for the purpose of selling liquor, or

  • (b)

    permit any premises to be opened, kept or used by another person for the purpose of selling liquor, or

  • (c)

    have the care or management of any premises opened, kept or used for the purpose of selling liquor, or

  • (d)

    assist in conducting the business of any premises opened, kept or used for the purpose of selling liquor,

unless the premises are licensed premises or are otherwise authorised under this Act to be used for the sale or supply of liquor.

Maximum penalty: 100 penalty units or imprisonment for 12 months, or both.

(2)

A person who is found on, or who is found entering or leaving, any premises opened, kept or used in contravention of subsection (1) is guilty of an offence.

Maximum penalty: 5 penalty units.

9Sale or supply of liquor contrary to licence(1)

A licensee or an employee or agent of a licensee must not sell or supply liquor, or cause or permit liquor to be sold or supplied:

  • (a)

    in contravention of the conditions to which the licence is subject, or

  • (b)

    otherwise than in accordance with the authority conferred on the licensee by or under this Act.

(2)

Without limiting subsection (1), a licensee must not:

  • (a)

    keep licensed premises open for the sale or supply of liquor, or

  • (b)

    sell or supply liquor,

at a time when the licensee is not authorised under this Act to sell or supply liquor.

(3)

A licensee must not sell, or employ or permit another person to sell, liquor on premises other than premises on which the licensee is authorised by the licence or this Act to sell the liquor.

Maximum penalty: 100 penalty units or imprisonment for 12 months, or both.

Part 3Licence10Authority may grant licence(1)

The Authority may grant a licence authorising the licensee to sell or supply liquor by retail on the premises specified in the licence (being premises forming part of the casino or casino environs):

  • (a)

    in the case of a licence held by a casino operator:

    • (i)

      for consumption on the licensed premises, or

    • (ii)

      to a resident for consumption away from the licensed premises, but only if the requirements of subsection (4) are complied with, or

  • (b)

    in any other case—for consumption on the licensed premises only.

(2)

A licence authorises the licensee to sell or supply liquor in accordance with this Act and the conditions of the licence.

(3)

The authorisation conferred by a licence is subject to this Act and the regulations under the Casino Control Act 1992.

(4)

The following requirements are specified for the purposes of subsection (1) (a) (ii):

  • (a)

    the sale of liquor for consumption away from the licensed premises must be ancillary to the provision of a meal for consumption away from the licensed premises,

  • (b)

    the volume of liquor supplied to any such resident on any one day must not exceed 2 litres.

11Licence conditions—general provisions(1)

A licence is subject to:

  • (a)

    such conditions as may be imposed, or are taken to have been imposed, by the Authority (whether at the time the licence is granted or at any later time) under this Act, and

  • (b)

    such conditions as are imposed by this Act or as may be prescribed by the regulations under the Casino Control Act 1992, and

  • (c)

    such other conditions as are authorised to be imposed on the licence under this Act.

(2)

A licensee must comply with any conditions to which the licence is subject.

Maximum penalty: 100 penalty units or imprisonment for 12 months, or both.

(3)

For the purposes of this Act, a condition to which a licence is subject includes any provision of this Act that imposes a requirement or restriction (other than as an offence) on or in relation to the licence, licensee or licensed premises concerned.

22Licensed restaurants—primary purpose test(1)

A licence for premises to be used as a restaurant must not be granted in respect of the premises if the primary purpose of the business or activity carried out on the premises is the sale or supply of liquor.

(2)

The authorisation conferred by a licence for a restaurant does not apply if the primary purpose of the business or activity carried out on the licensed premises is the sale or supply of liquor.

27Requirement to provide food on licensed premises(1)

Liquor may only be sold or supplied on licensed premises if food of a nature and quantity consistent with the responsible sale, supply and service of alcohol is made available whenever liquor is sold or supplied under the authorisation of the licence.

(2)

If any requirements are prescribed by the regulations under the Casino Control Act 1992 in relation to the nature and quality of any such food, those requirements must be complied with.

(3)

Subsection (1) is subject to such exceptions as may be approved by the Authority in relation to any particular licensed premises.

Part 4Licensing procedures and related matters40Licence applications(1)

Licence applications are to be made to the Authority.

(2)

An application for a licence may only be made by a corporation.

(3)

[not applied]

(4)

An application for a licence must:

  • (a)

    be in the form and manner approved by the Authority, and

  • (b)

    be accompanied by the fee determined by the Authority, and

  • (c)

    [not applied]

  • (d)

    comply with such other requirements as may be approved by the Authority.

(5)

If, before an application for a licence is determined by the Authority, a change occurs in the information provided in, or in connection with, the application (including any information provided in accordance with this subsection), the applicant must immediately notify the Authority of the particulars of the change.

Maximum penalty: 20 penalty units.

41Statement as to interested parties(1)

An application for a licence must be accompanied by a written statement, made by a person having knowledge of the facts, specifying:

  • (a)

    that the person has made all reasonable inquiries to ascertain the information required to complete the statement, and

  • (b)

    whether there are any persons (other than financial institutions) who will be interested in the business, or the profits of the business, carried on under the licence, and

  • (c)

    if there are any such persons, their names and dates of birth and, in the case of a proprietary company, the names of the directors and shareholders.

(2)

For the purposes of subsection (1), a person is interested in the business, or the profits of the business, carried on under the licence if the person is entitled to receive:

  • (a)

    any income derived from the business, or any other financial benefit or financial advantage from the carrying on of the business (whether the entitlement arises at law or in equity or otherwise), or

  • (b)

    any rent, profit or other income in connection with the use or occupation of premises on which the business is to be carried on.

42Investigations, inquiries and referrals in relation to licence applications(1)

If the Authority receives an application for a licence, the Authority may carry out such investigations and inquiries in relation to the application as the Authority considers necessary for a proper consideration of the application.

(2)

[not applied]

(3)

[not applied]

(4)

The Authority may refer to the Commissioner of Police details of the application together with any supporting information in relation to the application that the Authority considers to be appropriate for referral to the Commissioner.

(5)

The Commissioner of Police may inquire into, and report to the Authority on, such matters concerning the application as the Authority may request.

43Authority may require further information(1)

The Authority may, by notice in writing, require a person who has applied to the Authority for a licence, or a close associate of any such person, to do one or more of the following things:

  • (a)

    provide, in accordance with directions in the notice, such information as, in the opinion of the Authority, is relevant to the investigation of the application and is specified in the notice,

  • (b)

    produce, in accordance with directions in the notice, such records as, in the opinion of the Authority, are relevant to the investigation of the application and permit examination of the records, the taking of extracts from them and the making of copies of them,

  • (c)

    authorise a person described in the notice to comply with a requirement of the kind referred to in paragraph (a) or (b),

  • (d)

    furnish to the Authority such authorisations and consents as the Authority requires for the purpose of enabling the Authority to obtain information (including financial and other confidential information) from other persons concerning the person and the person’s associates.

(2)

A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.

(3)

The Authority may refuse to determine an application if a requirement made under this section in relation to the application is not complied with.

45Decision of Authority in relation to licence application(1)

The Authority may, after considering an application for a licence, grant the licence or refuse to grant the licence.

(2)

The Authority may, in such circumstances as the Authority considers appropriate, treat an application for a licence as having been withdrawn.

(3)

The Authority must not grant a licence unless the Authority is satisfied that:

  • (a)

    the applicant is a fit and proper person to carry on the business or activity to which the proposed licence relates, and

  • (b)

    practices will be in place at the licensed premises as soon as the licence is granted that ensure, as far as reasonably practicable, that liquor is sold, supplied or served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises, and that those practices will remain in place, and

  • (c)

    if development consent is required under the Environmental Planning and Assessment Act 1979 (or approval under Part 3A of that Act is required) to use the premises for the purposes of the business or activity to which the proposed licence relates—that development consent or approval is in force.

(4)

The Authority must refuse an application if it determines, after subsection (5) has been complied with:

  • (a)

    that the applicant is not a suitable person to be the holder of a licence, or

  • (b)

    that a person who is, was or will be a close associate of the applicant is not a suitable person to be a close associate of the holder of a licence, or

  • (c)

    that a person who occupies a position of authority in the corporation that is the applicant is not a suitable person to occupy such a position in a corporation that is to be the holder of a licence.

(5)

A determination under subsection (4) may not be made unless:

  • (a)

    the applicant has been made aware of reasons for the possibility of such a determination, and

  • (b)

    the applicant has been given an opportunity to make submissions, and to bring to the attention of the Authority any matter related to those reasons that the applicant thinks fit.

46Duration of licences(1)

Except during any period of suspension, a licence continues to be in force until such time as it is surrendered to the Authority, cancelled or otherwise ceases to be in force or, in the case of a licence that is granted for a specified term, when that term expires.

(2)

A licence may be surrendered only in accordance with such arrangements as may be approved by the Authority.

47Granting of licence(1)

The Authority may determine a fee (not exceeding $2,000) for the granting of a licence. If any such fee is determined, the licence does not take effect unless the fee has been paid.

138Authority may carry out inquiries and investigations in relation to proposed complaint(1)

The Authority may carry out such investigations and inquiries as the Authority considers necessary in order to ascertain whether a complaint should be made under this Part in relation to:

  • (a)

    a licensee, or

  • (b)

    a manager, or

  • (c)

    a close associate of a licensee.

(2)

The Commissioner of Police may inquire into, and report to the Authority on, such matters as the Authority may request concerning the licensee, manager or close associate to whom the complaint, if made, would relate.

(3)

The Authority may, by notice in writing, require a licensee, manager or close associate who is the subject of an investigation under this section to do one or more of the following things:

  • (a)

    provide, in accordance with directions in the notice, such information verified by statutory declaration as, in the opinion of the Authority, is relevant to the investigation and is specified in the notice,

  • (b)

    produce, in accordance with directions in the notice, such records as, in the opinion of the Authority, are relevant to the investigation and permit examination of the records, the taking of extracts from them and the making of copies of them,

  • (c)

    authorise a person described in the notice to comply with a requirement of the kind referred to in paragraph (a) or (b),

  • (d)

    furnish to the Authority such authorisations and consents as the Authority requires for the purpose of enabling the Authority to obtain information (including financial and other confidential information) from other persons concerning the person under investigation and the person’s associates.

(4)

A person who complies with a requirement of a notice under subsection (3) does not on that account incur a liability to another person.

(5)

A person must not fail to comply with a requirement of the Authority contained in a notice under subsection (3).

Maximum penalty: 20 penalty units.

139Grounds for making complaint(1)

A complaint in relation to a licensee, manager or close associate of a licensee may be made to the Authority by any of the following persons (referred to in this Part as the complainant):

  • (a)

    an inspector,

  • (b)

    the Commissioner of Police.

(2)

A complaint must be in writing and specify the grounds on which it is made.

(3)

The grounds on which a complaint in relation to a licensee, manager or close associate may be made are as follows:

  • (a)

    that the licensee or manager has, while holding a licence or managing licensed premises, been convicted of an offence under this Act (or under the former Act),

  • (b)

    that the licensee or manager has failed to comply with any of the conditions to which the licence is subject,

  • (c)

    that the licensee has failed to comply with any of the conditions to which any authorisation or approval held by the licensee under this Act is subject,

  • (d)

    that the licensee or manager has failed to comply with any other requirement under this Act (or under the former Act), relating to the licence or the licensed premises,

  • (e)

    that the licensee or manager has failed to comply with a direction or other requirement of the Authority or the Commissioner of Police under this Act (or of the Commissioner under the former Act),

  • (f)

    that the licensee or manager has engaged in conduct or activities that are likely to encourage misuse or abuse of liquor (such as binge drinking or excessive consumption),

  • (g)

    that intoxicated persons have frequently been on the licensed premises or have frequently been seen to leave those premises,

  • (h)

    that acts involving violence against persons or damage to property have frequently been committed on or near the licensed premises by persons who have been on the licensed premises,

  • (i)

    that the licensee is not a fit and proper person to be the holder of a licence or the manager is not a fit and proper person to be the manager of the licensed premises,

  • (j)

    that the close associate is not a fit and proper person to be a close associate of a licensee,

  • (k)

    that a complaint against a licensee under this section has been made and that:

    • (i)

      the close associate knew or ought reasonably to have known that the licensee was engaging (or was likely to engage) in conduct of the kind to which the complaint relates, and

    • (ii)

      the close associate failed to take all reasonable steps to prevent the licensee from engaging in conduct of that kind,

  • (l)

    that the close associate is (or has become) a close associate of a licensee while disqualified by the Authority from being a close associate,

  • (m)

    that a person who is interested in the business, or in the conduct or profits of the business, carried on under the licence is not a fit and proper person to be so interested,

  • (n)

    that a person is (or has become) a person who is interested in the business, or in the conduct or profits of the business, carried on under a licence while disqualified by the Authority under this Part from being a person so interested,

  • (o), (p)

    [not applied]

  • (q)

    that a person who occupies a position of authority in the corporation is not a fit and proper person to occupy such a position in a corporation that is the holder of a licence,

  • (r)

    that public entertainment has been conducted on the licensed premises otherwise than in accordance with any requirements under the Environmental Planning and Assessment Act 1979 relating to the use of the premises for public entertainment,

  • (s)

    that the licence has not been exercised in the public interest,

  • (t)

    that the continuation of the licence is not in the public interest.

(4)

In subsection (3), former Act means the Liquor Act 1982.

140Procedure for taking disciplinary action(1)

If a complaint in relation to a licensee, manager or close associate is made under this Part, the Authority must, before taking any disciplinary action against the licensee, manager or close associate, notify the licensee, manager or close associate in writing of the grounds on which the Authority is proposing to take disciplinary action.

(2)

Any such notice is to invite the licensee, manager or close associate to show cause, by way of a written submission, as to why the Authority should not take disciplinary action against the licensee, manager or close associate.

(3)

The Authority must also, before taking disciplinary action against a licensee, invite written submissions from the following persons:

  • (a)

    if the licensee occupies the licensed premises under a lease—the lessor,

  • (b)

    each person named in the written statement referred to in section 41 that accompanied the application for the licence,

  • (c)

    each person named in the information provided to the Authority (as required by section 55) who has become interested in the business, or the conduct of the business, carried out on the licensed premises concerned,

  • (d)

    if the grounds for taking the proposed disciplinary action relate to a person (other than the licensee) not being a fit and proper person—that person.

(4)

The Authority may specify:

  • (a)

    the time within which a submission under this section may be made, and

  • (b)

    any other requirements that must be complied with in relation to the making of any such submission.

(5)

If any written submission is made in accordance with this section, the Authority must take the submission into consideration in deciding whether or not to take disciplinary action against the licensee, manager or close associate concerned.

141Disciplinary powers of Authority(1)

The Authority may deal with and determine a complaint that is made to it under this Part.

(2)

If the Authority is satisfied that any of the grounds on which the complaint was made apply in relation to the licensee, manager or close associate, the Authority may decide not to take any action or may do any one or more of the following:

  • (a)

    cancel the licence,

  • (b)

    suspend the licence for such period not exceeding 12 months (or, if circumstances of aggravation exist in relation to the complaint, not exceeding 24 months) as the Authority thinks fit,

  • (c)

    order the licensee or manager to pay, within such time as is specified in the order:

    • (i)

      a monetary penalty not exceeding 500 penalty units, or

    • (ii)

      if circumstances of aggravation exist in relation to the complaint—a monetary penalty not exceeding 1,000 penalty units,

  • (d)

    suspend or cancel any authorisation or other approval (other than the licence itself) held by the licensee under this Act,

  • (e)

    impose a condition to which the licence, or any authorisation or approval held by the licensee under this Act, is to be subject or revoke or vary a condition to which the licence or any such authorisation or approval is subject,

  • (f)

    disqualify the licensee from holding a licence for such period as the Authority thinks fit,

  • (g)

    withdraw the manager’s approval to manage licensed premises,

  • (h)

    disqualify the manager from being the manager of licensed premises,

  • (i)

    [not applied]

  • (i)

    disqualify the close associate from being a close associate of a licensee for such period as the Authority thinks fit,

  • (k)

    disqualify the close associate from holding a licence for such period as the Authority thinks fit,

  • (l)

    order the licensee, manager or close associate to pay the amount of any costs incurred by:

    • (i)

      the Authority in carrying out any investigation or inquiry under section 138 in relation to the licensee, manager or close associate, or

    • (ii)

      the Authority in connection with the taking of disciplinary action against the licensee, manager or close associate under this section,

  • (m)

    reprimand the licensee, manager or close associate.

(3)

If the Authority orders a licensee or manager to pay a monetary penalty under this section and the penalty is not paid within the time specified in the order, the Authority may:

  • (a)

    cancel the licence, or

  • (b)

    suspend the licence until such time as the penalty is paid (or for such other period as the Authority thinks fit).

(4)

While a person is disqualified by the Authority from being a close associate of a licensee, the person is conclusively presumed for the purposes of this Act to be a person who is not a fit and proper person to be a close associate of a licensee.

(5)

In deciding whether to take disciplinary action under this section against a licensee in relation to a complaint, the Authority may take disciplinary action against a person who is interested in the business, or in the conduct or profits of the business, carried on under the licence (regardless of whether the Authority takes any disciplinary action under this section against the licensee concerned).

(6)

If the Authority decides to take disciplinary action against any such interested person, the Authority may do any one or more of the following:

  • (a)

    disqualify the person, for a period commencing on a specified day, from being a person interested in the business, or in the conduct or profits of the business, carried on under a licence,

  • (b)

    reprimand the person.

(7)

For the purposes of this section, circumstances of aggravation exist in relation to a complaint if (and only if) each of the following paragraphs applies:

  • (a)

    the complaint concerns a contravention or alleged contravention of section 73 or 74,

  • (b)

    the complaint alleges that for the reasons specified in the complaint the matter of the complaint is so serious as to warrant the taking of action that is available to the Authority when circumstances of aggravation exist,

  • (c)

    the Authority, in finding that the matter of the complaint has been made out, is of the opinion (having regard to any matter such as the number of contraventions of the Act involved, the seriousness of the contravention involved, the number of people involved in the contravention or the seriousness of the outcome of the contravention, or any other relevant consideration) that the matter of the complaint is so serious as to warrant the taking of action that is available to the Authority when circumstances of aggravation exist.

142Procedure for implementing disciplinary action(1)

If the Authority decides to take disciplinary action against or in relation to a licensee, manager, close associate or other person under this Part, the Authority is required to serve on the licensee, manager, close associate or person a notice informing the person of the Authority’s decision.

(2)

The notice must include the reasons for the Authority’s decision.

(3)

Any disciplinary action under this Part takes effect when notice of the action is served on the licensee, manager, close associate or person concerned (or on such later date as may be specified in the notice).

(4)

The Authority may, by serving a further notice on the licensee, manager, close associate or person concerned, cancel a notice under this section before the notice takes effect.

(5)

The Authority is not prevented from taking disciplinary action under this Part merely because the licensee, manager, close associate or person concerned is subject to criminal or civil proceedings that relate to the same matters or incident to which the disciplinary action relates.

(6)

If a licensee is disqualified from holding a licence under this Part, the Authority, may, on application by:

  • (a)

    the spouse or de facto partner of the licensee, or

  • (b)

    a member of the family of the licensee who is of or above the age of 18 years, or

  • (c)

    the owner of the licensed premises, or

  • (d)

    a person directly or indirectly interested in the business, or the conduct of the business, carried out on the licensed premises,

transfer the licence to that spouse, de facto partner or member of the family or to some other person approved by the Authority.

143Requirement for legal member of Authority to be present

The Authority cannot determine any complaint made to it under this Part (including any decision to take any disciplinary action) unless a member of the Authority who is or has been a Judge, or who has been an Australian lawyer for at least 7 years, is present at the meeting of the Authority (or the committee of the Authority) at which the complaint is determined or the decision to take the action is made.

Part 10Criminal proceedings and related matters145Proceedings for offences

Proceedings for an offence under this Act are to be dealt with summarily before the Local Court.

146Time within which proceedings for offences may be commenced(1)

Except as provided by subsection (2), proceedings for an offence under this Act may be commenced within but not later than 12 months after the date on which the offence is alleged to have been committed.

(2)

Proceedings for an offence under section 7, 8, 9, 40 (5), 66, 69 or 92 may be commenced within but not later than 3 years after the date on which the offence is alleged to have been committed.

147Maximum penalties for certain offences(1)

This section applies to any offence under this Act in respect of which the specified maximum penalty is 100 penalty units or imprisonment for 12 months, or both.

(2)

In convicting a person for an offence to which this section applies, the court may not impose a monetary penalty of more than 50 penalty units, or sentence the person to a term of imprisonment for more than 6 months, or both, unless the court is satisfied that the higher penalty is warranted.

(3)

Without limiting the matters that the court may take into consideration in deciding whether such a higher penalty is warranted, the court may take into consideration:

  • (a)

    the seriousness of the offence, or

  • (b)

    the number of occasions on which the offender has committed an offence under this Act or the Liquor Act 1982.

149Licensees and managers liable for act of employees etc

If, in contravention of this Act:

  • (a)

    an employee or agent of a licensee, or

  • (b)

    an employee or agent of the manager of licensed premises, or

  • (c)

    a person acting, or purporting to act, on behalf of a licensee or the manager of licensed premises,

sells or supplies liquor on the licensed premises, the licensee or manager (as the case requires) is guilty of an offence and liable to the punishment specified for the contravention.

150Penalty notices(1)

In this section:

authorised officer means a police officer or an inspector.

(2)

An authorised officer may serve a penalty notice on a person (including a licensee) if it appears to the officer that the person has committed an offence under this Act and the offence is one that is stated by the regulations under the Casino Control Act 1992 to be an offence to which this section applies.

(3)

A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person may pay within a time and to a person specified in the notice the amount of penalty prescribed by the regulations under the Casino Control Act 1992 for the offence if dealt with under this section.

(4)

A penalty notice may be served personally or by post.

(5)

If the amount of penalty prescribed for the purposes of this section for an alleged offence is paid under this section, no person is liable to any further proceedings or action in relation to the alleged offence, except the taking of disciplinary action under Part 9.

(6)

Payment under this section is not to be regarded as an admission of liability for the purpose of, nor in any way affect or prejudice, any civil proceeding arising out of the same occurrence.

(7)

However, if a penalty is paid under this section in respect of a penalty notice served on a person, the person is, for the purposes of Part 9, taken to have been convicted of the offence to which the penalty notice related.

(8)

The regulations under the Casino Control Act 1992 may:

  • (a)

    prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and

  • (b)

    prescribe the amount of penalty payable for the offence if dealt with under this section, and

  • (c)

    prescribe different amounts of penalties for different offences or classes of offences.

(9)

The amount of a penalty prescribed under this section for an offence must not exceed the maximum amount of penalty which could be imposed for the offence by a court.

(10)

This section does not limit the operation of any other provision of, or made under, this or any other Act or law relating to proceedings that may be taken in respect of offences.

151Forfeiture and seizure of liquor and other things(1)

If a person is found guilty of an offence under section 7, any liquor that was, at the time of the commission of the offence, in the person’s possession or apparently under the person’s control is forfeited to the Crown.

(2)

If the holder of a producer/wholesaler licence, or an employee or agent of such a licensee, is found guilty of an offence under section 9 (1) (b) of selling liquor that is not authorised to be sold under the licence, any liquor (other than liquor the licensee is authorised to sell under the licence) that was, at the time of the commission of the offence, in the licensee’s possession or apparently under the licensee’s control is forfeited to the Crown.

(3)

If a person is found guilty of an offence under section 113:

  • (a)

    any liquor to which the offence relates, and

  • (b)

    any vehicle, boat or other thing in which the liquor was being carried, offered or exposed,

is forfeited to the Crown.

(4)

If a licence is cancelled under this Act, any liquor found, not earlier than 7 days after the cancellation takes effect, in the former licensee’s possession on the former licensed premises is forfeited to the Crown.

(5)

A police officer or inspector may seize and carry away anything that the officer or inspector reasonably suspects may be liable to forfeiture under this section.

(6)

For the purposes of this section, liquor includes any bottle or other container in which the liquor is contained.

152Evidentiary provisions(1)

In any proceedings for an offence under this Act, any one or more of the following allegations (however expressed) is evidence of the truth of the allegation unless the contrary is proved:

  • (a)

    that a specified person was or was not the holder of a licence at a specified time or during a specified period,

  • (b)

    that a specified licence was or was not subject to a specified condition at a specified time or during a specified period,

  • (c)

    [not applied]

  • (d)

    that a specified licence was or was not endorsed with a specified endorsement at a specified time or during a specified period,

  • (e)–(g)

    [not applied]

  • (h)

    that a specified licence was or was not suspended or cancelled at a specified time or during a specified period,

  • (i)

    that specified premises were or were not licensed premises at a specified time or during a specified period,

  • (j)

    that a specified part of premises was or was not a bar area at a specified time or during a specified period,

  • (k)

    that specified hours were or were not the trading hours of specified licensed premises at a specified time or during a specified period,

  • (l)

    that specified premises were subject to a closure order under this Act at a specified time or during a specified period,

  • (m)

    that a minors area authorisation under section 121 was or was not in force at a specified time or during a specified period,

  • (n)

    that a specified person has or has not been approved by the Authority as a person who may be appointed as the manager of licensed premises,

  • (o)

    that a specified person is or was, at a specified time or during a specified period, the Director,

  • (p)

    that a specified person is or was, at a specified time or during a specified period, a delegate of the Commissioner of Police, or of the Authority, to whom a specified function has been delegated under this Act or the Casino, Liquor and Gaming Control Authority Act 2007,

  • (q)

    that a specified person is or was, at a specified time or during a specified period, an inspector,

  • (r)

    that a liquid or other substance is liquor.

(2)

In any proceedings for an offence under this Act, an allegation that, at a specified time, a person was under the age of 18 years is evidence of the truth of the allegation unless the defendant denies the allegation in accordance with subsection (3).

(3)

An allegation referred to in subsection (2) may be denied:

  • (a)

    at any adjournment before the commencement of the hearing of the information—by informing the court, the informant or a person appearing for the informant in writing of the denial, or

  • (b)

    at any time not later than 14 days before the commencement of the hearing of the information—by informing the informant or a person appearing for the informant in writing of the denial.

(4)

In any proceedings for an offence under this Act, evidence of delivery or supply of liquor is evidence of a sale of the liquor.

(5)

In any proceedings for an offence under section 9 (2), liquor is taken to have been sold or consumed on the licensed premises to which the proceedings relate regardless of whether the licensee took or carried, or caused another person to take or carry, the liquor out of the licensed premises for the purpose of being sold or consumed at another place occupied by the licensee or in a public place.

Part 11Miscellaneous provisions155Procedure for dealing with matters under Act to be informal(1)

A formal hearing involving the legal representation of parties is not required to be held in relation to any application or other matter (including the taking of disciplinary action under Part 9) that may be dealt with or decided by the Authority under this Act.

(2)

However, subsection (1) does not prevent the Authority, in such cases as the Authority considers appropriate:

  • (a)

    from conducting an interview or convening a conference or meeting, or

  • (b)

    from receiving submissions,

in relation to any application or other matter that may be dealt with or decided by the Authority under this Act.

(3)

Any such conference or meeting is to be presided over by the Authority and the procedure at the conference or meeting is to be determined by the Authority.

157Delegation by Commissioner of Police(1)

The Commissioner of Police may delegate to a person any function conferred or imposed on the Commissioner of Police by or under this Act, other than this power of delegation.

Note—

The power of the Authority to delegate its functions under this Act is contained in the Casino, Liquor and Gaming Control Authority Act 2007.

(2)

A person to whom a function has been delegated by the Commissioner of Police may delegate the function to another person, subject to any conditions to which the delegation by the Commissioner is subject.

158Crown not liable for any compensation(1)

Damages or compensation are not payable by or on behalf of the Crown because of:

  • (a)

    the enactment or operation of this Act, or for the consequences of that enactment or operation, or

  • (b)

    a representation or conduct of any kind about any restrictions or limitations on the sale or supply of liquor on any premises or kind of premises.

(2)

In subsection (1), the Crown means the Crown within the meaning of the Crown Proceedings Act 1988, and includes any employee or agent of the Crown.

160Savings and transitional provisions

Schedule 1 has effect.

Schedule 1Savings and transitional provisions

(Section 160)

2Definitions

In this Schedule:

existing licence means a licence granted under the former Act (as applied under clause 35 of the Casino Control Regulation 2001) and in force immediately before 1 July 2008.

former Act means the Liquor Act 1982.

former Board means the Liquor Administration Board constituted by section 72 of the former Act.

proof of age card means:

  • (a)

    an existing RTA proof of age card, or

  • (b)

    a document issued by a public authority of the Commonwealth, or of another State or Territory, for the purpose of attesting to a person’s identity and age.

3Existing licences(1)

An existing licence is taken to be a licence in force under this Act.

(2)

Any such existing licence may be dealt with under, and is otherwise subject to, the provisions of this Act.

(3)

Subject to the regulations under the Casino Control Act 1992, an existing licence is subject to the conditions or restrictions to which the licence was subject under the former Act.

17Phasing-out of existing RTA proof of age cards

An existing RTA proof of age card ceases to be valid for any purpose on 14 December 2008 (being the date that is 3 years after the commencement of Schedule 2.3 [1] to the Photo Card Act 2005).

18Manufacturing false proof of age cards(1)

A person must not make a false document that could reasonably be taken to be a proof of age card with the intent that the document be used by any person as a proof of age card for the purposes of this Act.

Maximum penalty: 30 penalty units.

(2)

A person (the offender) must not give to another person a false document that could reasonably be taken to be a proof of age card with the intent that the document be used by any person as a proof of age card for the purposes of this Act if the offender knows or could reasonably be expected to know that the document is false.

Maximum penalty: 30 penalty units.

(3)

A person is guilty of an offence under this subclause if the person commits an offence under subclause (1) or (2) in circumstances of aggravation.

Maximum penalty: 50 penalty units.

(4)

For the purposes of this clause, a person commits an offence in circumstances of aggravation if:

  • (a)

    the offence involved a high degree of planning, or

  • (b)

    the offence involved the use of other people acting at the direction of the person convicted of the offence in the commission of the offence, or

  • (c)

    the person committed the offence solely or principally for financial reward, or

  • (d)

    the offender has a previous conviction for an offence under this clause or under section 117EB of the former Act.

19Giving or lending proof of age cards

A person must not give or lend the person’s proof of age card to another person, if the person giving or lending the card knows or could reasonably be expected to know that the card may be used:

  • (a)

    as a proof of age card for the purposes of this Act by the person to whom the card was given or lent, or by any other person, or

  • (b)

    to obtain a proof of age card for the person to whom the card was given or lent, or any other person, for the purposes of this Act.

Maximum penalty: 30 penalty units.

20Tampering with proof of age cards

A person must not for an improper purpose wilfully or negligently alter, deface, or otherwise interfere with a proof of age card or with any of the material particulars contained on the card.

Maximum penalty: 30 penalty units.

21Confiscation of existing RTA proof of age cards(1)

An authorised person to whom an existing RTA proof of age card, or thing resembling such an existing RTA proof of age card, is produced by a person representing it to be the person’s proof of age card (whether as proof of age or of identity) may, with no authority other than this clause, seize the card or thing if the authorised person reasonably suspects that the card or thing:

  • (a)

    is not the person’s proof of age card or contains information that is false or misleading as to that person’s name or age, or

  • (b)

    has been forged or fraudulently altered, or

  • (c)

    is being used in contravention of any provision of this Act.

(2)

A card or thing seized under this clause is to be forwarded to the Commissioner of Police. The Commissioner must cause the card or thing to be returned (by delivery or by post) to the person who produced it unless subclause (3) applies.

(3)

The Commissioner of Police may retain possession of and deal with a proof of age card or thing forwarded to the Commissioner in such manner as the Commissioner thinks fit if satisfied that the card or thing:

  • (a)

    is not the proof of age card of the person from whom it was seized or contains information that is false or misleading as to that person’s name or age, or

  • (b)

    has been forged or fraudulently altered, or

  • (c)

    is being used in contravention of any provision of this Act.

(4)

Each of the following is an authorised person for the purposes of this clause:

  • (a)

    any police officer,

  • (b)

    the Authority, an inspector, the licensee and any employee of the licensee on the licensed premises concerned, but only on those licensed premises or in a place in the immediate vicinity of those licensed premises.

26General savings provision(1)

Subject to this Act and the regulations under the Casino Control Act 1992, anything done under or for the purposes of a provision of the former Act (as applied by clause 35 of the Casino Control Regulation 2001) is, to the extent that the thing has effect immediately before 1 July 2008, taken to have been done under or for the purposes of the corresponding provision of this Act.

(2)

Without limiting subclause (1) or clause 3, any approval, authority or appointment in force under a provision of the former Act immediately before 1 July 2008 is taken to be an approval, authority or appointment in force under the corresponding provision of this Act.

Schedule 7

(Repealed)

Schedule 8Penalty notice offences

(Clause 41)

Part 1

Column 1

Column 2

Provision of the Act

Penalty

Section 72A (1)

$1,100

Section 84 (1)

$550

Section 85 (2)

$220

Section 86 (2) or (3)

$220

Section 87 (1)

$660

Section 87 (1A)

$220

Section 87 (2) or (3)

$550

Section 97

$110

Part 2

Column 1

Column 2

Provision of this Regulation

Penalty

Clause 23

$550

Clause 24 (1)

$550

Clause 26 (1)

$550

Clause 27 (2)

$550

Clause 28 (2)

$550

Clause 29 (1)

$550

Clause 30 (1)

$550

Clause 31

$550

Clause 32 (1)

$550

Clause 32AA

$550

Clause 32B (2) or (3)

$660

Clause 33

$550

Clause 33A

$660

Clause 34 (1)

$550

Clause 34A (5)

$550

Clause 34AA (1)

$550

Clause 34C

$550

Clause 34D

$110

Clause 34E (1)

$550

Clause 34E (2)

$110

Clause 35C (4)

$550

Part 3

Column 1

Column 2

Provision of the Liquor Act 2007 (as applied by this Regulation and modified as set out in Schedule 6)

Penalty

Section 7 (1)

$1,100

Section 8 (1)

$1,100

Section 8 (2)

$55

Section 9

$1,100

Section 11 (2)

$1,100

Section 40 (5)

$220

Section 66

$550

Section 69 (1)

$550

Section 73 (1) or (2)

$1,100

Section 73 (3)

$550

Section 74 (1)–(4)

$550

Section 75 (3)

$1,100

Section 77 (4), (6) or (8)

$550

Section 78 (8)

$550

Section 82 (6)

$2,200

Section 84 (7)

$2,200

Section 88 (1)

$550

Section 92 (1) or (2)

$550

Section 95 (1), (2) or (4)

$55

Section 97 (5)

$220

Section 100 (1)

$550

Section 101 (7)

$550

Section 102 (3)

$550

Section 107 (1)

$55

Section 111 (1)

$110

Section 112

$110

Section 113 (1)

$220

Section 117 (1), (2), (4), (6) or (8)

$1,100

Section 118 (1)

$220

Section 118 (2)

$1,100

Section 119 (1)

$550

Section 120 (1)

$330

Section 121 (5)

$220

Section 123 (1) or (3A)

$220

Section 124 (1) or (2)

$1,100

Section 125 (1)

$330

Section 126

$550

Section 127 (1), (3) or (4)

$220

Section 128 (2)

$220

Section 129

$220

Section 138 (5)

$1,100

Schedule 1, clause 18 (1) or (2)

$330

Schedule 1, clause 18 (3)

$550

Schedule 1, clause 19

$330

Schedule 1, clause 20

$330

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