Casino Control Regulation 2009 (NSW)
This Regulation is the Casino Control Regulation 2009.
This Regulation commences on 1 September 2009 and is required to be published on the NSW legislation website.
This Regulation replaces the Casino Control Regulation 2001 which is repealed on 1 September 2009 by section 10 (2) of the Subordinate Legislation Act 1989.
In this Regulation:
(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.
(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.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
Notes included in this Regulation do not form part of this Regulation.
For the purposes of paragraph (b) of the definition of
For the purposes of the definition of
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.
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.
For the purposes of section 43 (2) of the Act, 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.
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.
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.
For the purposes of section 46 (1) (a) of the Act, the prescribed fee to accompany an application for a licence under Part 4 of the Act is $1,000.
For the purposes of section 56 (2) of the Act, the prescribed fee to accompany an application for a renewal of a licence under Part 4 of the Act is $1,000.
(Repealed)
A controlled contract must be in the following form:
(a) it must specify an identifying serial number obtained from the Authority,
(b) it must be in writing in the English language,
(c) it must contain the full names, business addresses, business telephone and facsimile numbers of the parties to the contract,
(d) it must contain a full description of the goods or services to be provided under the contract,
(e) it must contain a full description of the nature and amount of the consideration for the provision of those goods or services,
(f) it must specify the period during which the goods or services are to be provided,
(g) it must specify all of the terms (other than the implied terms) of the contract,
(h) it must contain a notice in the form of Notice 1 in Schedule 4.
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 ),(b) it must be in writing in the English language,
(c) it must specify any change to the names, business addresses, business telephone and facsimile numbers of the parties to the original contract,
(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.
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.
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.
For the purposes of section 37 (1) of the Act, the prescribed fee is $2,500.
The following classes of contracts, which relate to the supply or servicing of gaming equipment under section 68 (1) of the Act, are prescribed as exempt from the definition of
(a) a contract that varies the terms of an existing controlled contract in relation to the period in which that controlled contract is in force,
(b) a contract that varies the terms of an existing controlled contract in relation to any pricing specified in that controlled contract,
(c) a contract that varies one or more definitions in an existing controlled contract, but only if the definitions do not materially affect the operation or effect of that controlled contract,
(d) a contract for services provided by a holder of a current dealer’s licence, seller’s licence or testing facility licence under the Gaming Machines Act 2001,
(e) a contract for services provided by a holder of a current master licence under the Security Industry Act 1997,
(f) a contract for the transfer of gaming equipment from a casino operator to a related casino operator.
A casino operator must not act as a representative of a promoter of a junket involving the casino.
Maximum penalty: 100 penalty units.
However, a casino operator may organise, promote and conduct such a junket on his or her own behalf.
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.
(Repealed)
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.
In this clause,
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.
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.
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.
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.
The notices must be in a form approved by the Authority and be obtained from Liquor and Gaming NSW, Department of Justice.
Despite subclause (1), a notice that complied with clause 24 of the Casino Control Regulation 2001, 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.
In this clause:
(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 Liquor and Gaming NSW, Department of Justice.
The Authority may approve one or more pamphlets or brochures containing player information in the English language (a
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.
A pamphlet or brochure approved under subclause (3) may be combined with the player information brochure to which it relates.
The Authority may approve one or more pamphlets or brochures (a
The Authority may vary or withdraw any approval given under this clause.
A casino operator must make copies of a player information brochure approved by the Authority under clause 22 (2) available to patrons of the casino in accordance with this clause.
Maximum penalty: 50 penalty units.
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.
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.
The brochures must be in a form approved by the Authority and be obtained from Liquor and Gaming NSW, Department of Justice.
Despite subclause (1), a brochure that complied with clause 25 of the Casino Control Regulation 2001, 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.
A patron of a casino may request the casino operator to supply to the patron a community language player information brochure approved under clause 22 (5) in one of the languages specified in that subclause.
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: 50 penalty units.
The brochures must be in a form approved by the Authority and be obtained from Liquor and Gaming NSW, Department of Justice.
Despite subclause (2), a brochure that complied with clause 25 of the Casino Control Regulation 2001, 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.
In this clause:
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.
The gambling warning notice and problem gambling notice must be displayed on each gaming machine kept in the casino.
Each such notice must be positioned so as to enable a person to clearly see the notice while playing the gaming machine.
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.
The statements referred to in the definition of
Think! About tomorrow
Think! About your choices
Think! About getting help
Think! About your family
Think! About your limits
The notice referred to in the definition of
Call Gambling Help
1800 858 858
number="25(8)">
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.
The notices must be in a form approved by the Authority and be obtained from Liquor and Gaming NSW, Department of Justice.
Despite subclause (2), a gambling warning notice or problem gambling notice that complied with clause 28 of the Casino Control Regulation 2001, 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.
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.
The notice must be in a form approved by the Authority and be obtained from Liquor and Gaming NSW, Department of Justice.
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.
Despite subclause (1), a notice that complied with clause 29 of the Casino Control Regulation 2001, 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.
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.
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.
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
The matter contained in the notice must be in letters and figures of not less than 0.2 centimetres in height.
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.
Despite subclause (1), a notice that complied with clause 30 of the Casino Control Regulation 2001, 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.
In this clause:
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.
If the total prize money payable to a person exceeds $2,000, 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.
A person (other than a bank or authorised deposit-taking institution) must not accept the transfer of a cheque that the person knows, or could reasonably be expected to know, is a prize winning cheque.
Maximum penalty: 100 penalty units.
Without limiting subclause (1), a person who accepts the transfer of a prize winning cheque in, or within 500 metres of, a casino is taken to know that the cheque is a prize winning cheque unless the contrary is proven.
A person must not issue a prize winning cheque unless:
(a) it is clearly identified as a prize winning cheque, and
(b) the following statement appears on the cheque:
Prize winning cheque—cashing rules apply
Maximum penalty: 50 penalty units.
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.
A casino operator must not 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.
A casino operator must not 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.
A person (other than a casino operator) who publishes any casino advertising that does any of the things referred to in subclause (1) (a)–(h) or (2) commits an offence against this Regulation and is liable to a penalty not exceeding 100 penalty units.
Subclause (3) does not apply if the casino operator approved in writing of the publication of the casino advertising concerned.
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.
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.
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 clause 35 (2) of the Casino Control Regulation 2001, 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.
In this clause:
The following are excluded from the operation of section 70A of the Act:
(a) any gaming machine advertising that appears in any promotional material provided by a casino operator in accordance with subclause (2),
(b) any advertising relating to gaming machines (including any such advertising that is also a gambling-related sign as referred to in clause 35) that:
(i) appears or is stated inside a casino or on the premises of a casino, and
(ii) cannot be seen or heard from outside the casino premises.
A casino operator may send (whether by post or electronic means) promotional material that contains any advertisement relating to gaming machines (as referred to in section 70A (5) of the Act) to a member of a membership program established by a casino but only if:
(a) the member has expressly consented to receiving the promotional material and that consent has not been withdrawn, and
(b) the promotional material contains a statement to the effect that player activity statements are available on request, and
(c) the promotional material contains a problem gambling notice as referred to in clause 25, and
(d) the promotional material contains a statement to the effect that the member may at any time withdraw his or her consent to receiving any further promotional material, and
(e) the promotional material includes information or advertising apart from advertising relating to gaming machines, and
(f) the casino operator keeps a written record of the member’s consent to receiving the promotional material.
Unless withdrawn by the member concerned, any such consent by a member of a membership program established by a casino continues until the end of the membership period but may be renewed at the time the membership is renewed.
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.
A casino operator must not 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.
In this clause:
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.
A prize-winner who makes a request referred to in subclause (1) (b) may at any time revoke the request.
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.
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.
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.
A casino operator must also provide the information referred to in subclause (2):
(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.
A casino operator must display a notice that complies with subclause (5) in any part of the casino in which gaming machines are located.
Maximum penalty: 50 penalty units.
The notice must contain the following information:
(a) the name and contact details of the problem gambling counselling service referred to in subclause (2),
(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.
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.
In this clause:
(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.
This clause commences on 1 December 2009.
In this Part:
For the purposes of this Part, a recognised RSA certification or other certificate is
(Repealed)
The licensee of licensed premises must not:
(a) sell, supply or serve liquor by retail on the premises, or
(b) cause or permit liquor to be sold, supplied or served by retail on the premises,
unless the licensee holds a current recognised RSA certification.
Maximum penalty: 50 penalty units.
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:
(a) holds a current recognised competency card or existing RSA certificate, or
(b) was granted an interim RSA certificate within the previous 5 years.
Maximum penalty:
(a) if the staff member’s recognised RSA certification has expired—25 penalty units, or
(b) in any other case—50 penalty units.
Subclause (1) does not apply to a licensee that is a corporation.
A staff member of licensed premises must not sell, supply or serve liquor by retail on the premises unless the staff member holds a current recognised RSA certification.
Maximum penalty: 10 penalty units.
A person (including 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 licensed premises unless the person holds a current recognised RSA certification.
Maximum penalty: 50 penalty units.
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 current recognised RSA certification.
Maximum penalty: 10 penalty units.
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.
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.
(Repealed)
A police officer or inspector may require any of the following persons to produce their recognised competency card or interim RSA certificate to the officer or inspector for inspection:
(a) a licensee of licensed premises,
(b) a staff member of licensed premises who is involved in the sale, supply or service of liquor by retail on the premises,
(c) a person employed or engaged to carry out activities as a crowd controller or bouncer on or about licensed premises.
A person must not, without reasonable excuse, fail to comply with a requirement of a police officer or inspector under subclause (1).
Maximum penalty: 5 penalty units.
(Repealed)
The Authority may, on application by the Secretary or the Commissioner of Police, make any of the following orders:
(a) an order suspending, for the period specified by the Authority, any recognised RSA certification held by a person,
(b) an order revoking any recognised RSA certification held by a person,
(c) an order declaring that a person is disqualified from holding any recognised RSA certification for such period (not exceeding 12 months) as is specified in the order.
The Authority may only make an order under this clause in respect of a person if the Authority is satisfied that the person has:
(a) contravened any of the person’s obligations under the Act or this Regulation or under the Liquor Act 2007 or the Liquor Regulation 2008 that, in the opinion of the Authority, relate to the responsible service of alcohol (including, without limitation, permitting intoxication on licensed premises), or
(b) been charged with, or found guilty of, a serious indictable offence involving violence that was committed on licensed premises or in the immediate vicinity of licensed premises on a patron of the premises or a person attempting to enter the premises, or
(c) while a member of staff of licensed premises situated in the Kings Cross precinct or the Sydney CBD Entertainment precinct, contravened any of the person’s obligations under the Liquor Act 2007 or the Liquor Regulation 2008 that relate to the use of a patron ID scanner (including obligations relating to the protection of any personal information recorded by a patron ID scanner).
An order made on the ground that a person has been charged with, or found guilty of, a serious indictable offence is revoked if the charge is withdrawn or dismissed or the finding is overturned on appeal.
The Authority may not make an order under this clause in respect of a person unless the person has been given notice of the application for the order and has been given a reasonable opportunity to make submissions to the Authority in relation to the application.
An order under this clause takes effect on the date specified by the Authority in the order. Notice of the making of the order is to be given to the person who is the subject of the order, but failure to give notice does not affect the operation of the order if a reasonable attempt has been made to notify the person.
If the Authority makes an order under this clause in respect of a person, the person may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the Authority’s decision.
Section 53 of the Administrative Decisions Review Act 1997 does not apply in relation to the Authority’s decision to make an order under this clause.
A person must not work in any capacity as an employee on any licensed premises in New South Wales during any period in which:
(a) the person’s recognised RSA certification is suspended by the Authority under this clause, or
(b) the person is disqualified under this clause from holding any recognised RSA certification.
Maximum penalty: 50 penalty units.
If a person’s recognised RSA certification is suspended or revoked under this clause, the person to whom it was issued must surrender it to the Secretary if required to do so by the Authority.
Maximum penalty: 20 penalty units.
Subclause (9) does not apply to recognised RSA certification in electronic form.
A person (
(a) the person presents the employer with recognised RSA certification that appears to be current, and
(b) the employer is satisfied on reasonable grounds that the certification is current.
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.
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.
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.
In this clause,
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.
In this clause and in clauses 48–50:
Pursuant to section 81 (4) of the Act, the whole of the premises on the land bounded by Pyrmont Street, Union Street, Edward Street, Pirrama Road and Jones Bay Road at Pyrmont (other than such parts of those premises as from time to time constitute a casino) are declared to be a
Section 81 of the Act enables the Commissioner of Police to direct casino operators to exclude a person from premises comprised in a casino. For that purpose, section 81 of the Act enables the regulations to declare premises that form part of or are in the immediate vicinity of the building or complex of which a casino forms part to be a casino precinct, and provides for the section to have effect as if the casino precinct formed part of the casino.
(Repealed)
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.
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 Secretary 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.
The Secretary 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).
A licensee must comply with a notice given to the licensee under this clause.
Maximum penalty: 50 penalty units.
The Authority may approve of a code of practice that deals with the responsible sale, supply, service and promotion of liquor.
The Authority may approve of any such code of practice for all licences or for particular licences only.
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.
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).
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.
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.
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.
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).
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 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,
(d) an Australian or foreign passport.
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 7 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 7.
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 7 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 7.
If the reference to a provision in Column 1 of Part 1, 2 or 3 of Schedule 7 is qualified by words that restrict its operation to specified kinds of offences or circumstances, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or committed in the circumstances so specified.
For the purposes of section 169A of the Act, offences against section 74 (Credit prohibited) of the Act are prescribed offences.
For the purposes of section 169A of the Act, offences against the following provisions of this Regulation are prescribed offences:
(a) clause 20 (Gambling inducements),
(b) clause 21 (Display of information concerning chances of winning prizes on gaming machines),
(c) clause 23 (Provision of player information brochures),
(d) clause 24 (Provision of player information brochures in community languages),
(e) clause 25 (Dangers of gambling—notice to be displayed on gaming machines),
(f) clause 26 (Counselling signage—notice to be displayed),
(g) clause 27 (Signage to be displayed on ATMs and cash-back terminals),
(h) clause 28 (Display of clocks),
(i) clause 29 (Payment of prize money by cheque),
(j) clause 33 (Prohibitions on gambling-related advertising),
(k) clause 36 (Publicity for prize-winners).
The Secretary may delegate to any Public Service employee any of the Secretary’s functions under this Regulation (other than this power of delegation).
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.
In this clause:
The casino supervisory levy for the 2013–2014 financial year is $6,820,000.
The levy is to be paid by means of electronic funds transfer to an account nominated in writing by the Authority.
The levy is to be paid in the following instalments:
(a) an amount of $2,844,000 is to be paid on or before 1 November 2013,
(b) an amount of $568,000 is to be paid on or before the first day of each of the subsequent 7 months of that financial year.
The casino supervisory levy for the 2014–2015 financial year is $6,990,500.
The levy is to be paid by means of electronic funds transfer to an account nominated in writing by the Authority.
The levy is to be paid in the following instalments:
(a) an amount of $1,747,622 is to be paid no later than 1 September 2014,
(b) an amount of $582,542 is to be paid on or before the first day of each of the subsequent 9 months of that financial year.
This clause does not apply to a restricted gaming licence.
For the purposes of section 115A (2) of the Act, the casino supervisory levy is:
(a) for the 2015–2016 financial year—$7,165,310, and
(b) for each following financial year—the amount of the levy for the preceding financial year plus 2.5 per cent of that amount.
For the purposes of section 115A (3) of the Act, the levy is to be paid:
(a) by means of electronic funds transfer to an account nominated in writing by the Authority, and
(b) by way of 12 equal instalments, with each instalment being paid before the end of each month in the financial year.
The Minister is to review the amount of the levy at least once every 5 years.
This clause does not apply to a restricted gaming licence.
Any act, matter or thing that, immediately before the repeal of the Casino Control Regulation 2001, had effect under that Regulation is taken to have effect under this Regulation.
(Clause 4)
A change in:
(a) the name of the casino operator, or
(b) the principal business address of the casino operator.
A person’s ceasing to be a close associate of the casino operator.
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.
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.
A change in the nominal or paid-up capital of the casino operator.
A change in the objectives or main activities of the casino operator.
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).
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.
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.
The creation of a charge in excess of $625,000 over any real or personal property of the casino operator.
An increase or decrease of $6,150,000 or more in the finance available to the casino operator.
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.
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.
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.
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.
The commencement of the winding up of the casino operator or a close associate of the casino operator.
The casino operator’s breach of obligations under any contract or arrangement for the provision of a loan or other financial accommodation.
A change in constituent documents relating to the casino (such as Articles of Association, trust deed or unitholders agreement).
(Clause 5)
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.
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 (excluding matters commenced in the Fair Work Commission), or
(c) the commencement or finalisation of alternative dispute resolution procedures (excluding matters commenced in the Fair Work Commission).
The casino operator becoming aware of the commencement, discontinuance or finalisation of criminal proceedings to which a casino employee of the casino operator is a party.
The repossession of any property of the casino operator.
An amendment of an assessment relating to the casino operator under the income tax laws of the Commonwealth.
(Repealed)
The sale of any of the casino operator’s assets, if the consideration for the sale exceeds $310,000 or the asset is valued in the casino operator’s books of account at more than $310,000.
(Clause 7)
Column 1 | Column 2 |
Description of change | Prescribed information |
A change in:
| Particulars of those matters as changed. |
A change consisting of the licensee being suspended by a casino operator. | Particulars of:
|
A change consisting of the licensee being the subject of an exclusion order made by a casino operator, or the withdrawal of the licensee’s licence, including any equivalent order made in another jurisdiction, including a jurisdiction outside of Australia, to exclude the licensee from a casino or withdraw the licensee’s licence. | Particulars of:
of the exclusion order or withdrawal of licence. |
A change consisting of the licensee being the subject of any disciplinary action taken against the licensee in respect of any liquor, gaming, racing or wagering authorisation held by the licensee in another jurisdiction, including a jurisdiction outside of Australia. | Particulars of:
of the disciplinary action. |
The involvement of the licensee as a party to any or all of the following proceedings in any jurisdiction, including a jurisdiction outside of Australia:
| Particulars of:
|
A change consisting of the obtaining of judgment against the licensee. | Particulars giving the terms of the judgment. |
The licensee:
| Particulars of:
of the bankruptcy, application, compounding, assignment, compromise or scheme of arrangement. |
(Clause 10)
This contract is a controlled contract within the meaning of the Casino Control Act 1992 (
Parties to this contract may be required to provide information to the Independent Liquor and Gaming 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.
The contract to which this variation of contract relates is a controlled contract within the meaning of the Casino Control Act 1992 (
Parties to the contract may be required to provide information to the Independent Liquor and Gaming 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.
(Clause 45)
Sections 3–11, 40 (1) and (2), 52–54, 56, 66–75, 77, 79–82, 84, 91, 92, 95, 97, 99–102A, 111–113, 117–119, 123–136, 138, 139, 145–147, 149–152, 157 and 158.
Clauses 2, 3, 26 and 33 of Schedule 1.
Sections 22, 27, 40 (4) and (5), 41–43, 45–47, 55, 60, 61, 76, 78, 83, 85, 87–90, 94, 107, 120, 121, 137 and 140–143.
(Clause 45)
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.
In this Act:
(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.
(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 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,
(c1) a proof of age card issued by Australia Post (known as a “Keypass identity card”) for the purpose of attesting to a person’s identity and age,
(d) an Australian or foreign passport.
(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),
(c1) any powder that would, when added to any liquid, form 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.
(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.
(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.
“De facto partner” is defined in section 21C of the Interpretation Act 1987.
(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.
(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.
In this Act, a reference to the
Notes included in the text of this Act do not form part of this Act.
For the purposes of this Act, a person is
(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.
Accordingly, a reference in this Act to
The Secretary 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 Secretary considers appropriate.
The guidelines issued by the Secretary may also indicate circumstances in which a person may be assumed not to be intoxicated for the purposes of this Act.
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 a medical practitioner, nurse practitioner, midwife practitioner or 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) (Repealed)
(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.
This Act does not apply to or in respect of the sale or supply of liquor that is part of a sale of flowers or food designed to be delivered as a gift to a person (other than the purchaser) specified by the purchaser, but only if the following requirements are complied with:
(a) the business of the vendor is promoted or marketed as a genuine gift service,
(b) the gift is packaged and presented in such a manner that any person receiving it would assume it to be a genuine gift,
(c) the gift is delivered to the person specified by the purchaser at a place other than the premises at which the business of the vendor is conducted,
(d) the person to whom the gift is delivered is an adult,
(e) the gift is delivered between 7am and 7pm (except in the case where unforeseen circumstances have delayed the delivery of the gift during that period),
(f) the volume of liquor supplied as part of the gift does not exceed 2 litres,
(g) the liquor has been purchased by the vendor on a retail basis.
For the purposes of subsection (1) (d) the requirements are as follows:
(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 or the Secretary 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A licence authorises the licensee to sell or supply liquor in accordance with this Act and the conditions of the licence.
The authorisation conferred by a licence is subject to this Act and the regulations under the Casino Control Act 1992.
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.
A licence is subject to:
(a) such conditions as may be imposed, or are taken to have been imposed, by the Authority or the Secretary (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.
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.
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.
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.
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 at any time is the sale or supply of liquor.
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.
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.
Subsection (1) is subject to such exceptions as may be approved by the Authority in relation to any particular licensed premises.
Licence applications are to be made to the Authority.
An application for a licence may only be made by a corporation.
[not applied]
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.
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.
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.
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.
If the Authority receives an application for a licence, the Authority:
(a) may carry out such investigations and inquiries in relation to the application as the Authority considers necessary for a proper consideration of the application, and
(b) may refer the application to the Secretary (unless the regulations made under the Casino Control Act 1992 otherwise provide).
If the Authority refers an application to the Secretary under subsection (1), the Secretary is to inquire into, and to report to the Authority on, such matters in relation to the application as the Authority may request.
[not applied]
[not applied]
The Authority may also 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.
The Commissioner of Police may inquire into, and report to the Authority on, such matters concerning the application as the Authority may request.
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,
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, or from being the manager of licensed premises or the close associate of a licensee, 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, or from holding a licence or being the close associate of a licensee, for such period as the Authority thinks fit,
(i) [not applied]
(j) disqualify the close associate from being a close associate of a licensee or the manager of licensed premises 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 Secretary 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.
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).
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.
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).
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.
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.
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.
The notice must include the reasons for the Authority’s decision.
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).
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.
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.
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.
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.
Proceedings for an offence under this Act are to be dealt with summarily before the Local Court.
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.
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.
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.
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.
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.
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.
In this section:
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.
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.
A penalty notice may be served personally, by post or by electronic means to an email address or mobile phone number:
(a) given voluntarily by the person for the issue of the penalty notice, or
(b) required to be supplied under section 63 of the Casino Control Act 1992.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
For the purposes of this section,
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 Secretary,
(p) that a specified person is or was, at a specified time or during a specified period, a delegate of the Commissioner of Police, the Authority or the Secretary, to whom a specified function has been delegated under this Act or the Gaming and Liquor Administration 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.
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).
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.
In any proceedings for an offence under this Act, evidence of delivery or supply of liquor is evidence of a sale of the liquor.
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.
(Repealed)
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.
The Secretary may delegate to a person any function conferred or imposed on the Secretary by or under this Act, other than this power of delegation.
The power of the Authority to delegate its functions under this Act is contained in the Gaming and Liquor Administration Act 2007.
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.
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.
In subsection (1),
In this Schedule:
An existing licence is taken to be a licence in force under this Act.
Any such existing licence may be dealt with under, and is otherwise subject to, the provisions of this Act.
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.
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.
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.
Any condition imposed by the Authority under section 53 that would have been validly imposed had section 53 (1A) been in force when the condition was imposed is validated.
(Clause 54)
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 93 | $220 |
Section 94 (1), (2) or (2A) | $550 |
Section 97 | $220 |
Section 124 (4) | $2,200 |
Column 1 | Column 2 |
Provision of this Regulation | Penalty |
Clause 20 (1) | $550 |
Clause 21 (1) | $550 |
Clause 23 (1) | $550 |
Clause 24 (2) | $550 |
Clause 25 (2) | $550 |
Clause 26 (1) | $550 |
Clause 27 (1) | $550 |
Clause 28 | $550 |
Clause 29 | $550 |
Clause 30 (1) | $550 |
Clause 31 | $550 |
Clause 32 | $550 |
Clause 33 | $550 |
Clause 35 | $660 |
Clause 36 (1) | $550 |
Clause 37 (4) | $550 |
Clause 38 (1) | $550 |
Clause 40 (1) | $1,100 |
Clause 40 (2): | |
| $550 |
| $1,100 |
Clause 41 | $110 |
Clause 42 (1) | $550 |
Clause 42 (2) | $110 |
Clause 44A (2) | $55 |
Clause 44B (8) | $550 |
Clause 44B (9) | $220 |
Clause 48 (4) | $550 |
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 102A (2) | $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 |
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