Casino Control Regulation 2019 (NSW)

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Part 1Preliminary1Name of Regulation

This Regulation is the Casino Control Regulation 2019.

2Commencement

This Regulation commences on 1 September 2019 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Casino Control Regulation 2009 which is repealed on 1 September 2019 by section 10(2) of the Subordinate Legislation Act 1989.

3Definitions(1)

In this Regulation—

advertisement relating to gaming machines has the same meaning as in the Act, section 70A.

approved player information brochure—see clause 17(2).

casino advertising means advertising that is directly related to the operation of a casino, including a sign, but does not include an advertisement relating to gaming machines.

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

deposit account, for a patron, means a deposit account established by the patron with a casino operator, as referred to in the Act, section 75(2).

deposit limit, for Part 4A, Division 4—see clause 31I.

gaming limit, for Part 4A, Division 4—see clause 31I.

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

Liquor & Gaming NSW means the part of the Department of Enterprise, Investment and Trade known as Liquor & Gaming NSW.

net loss limit, for Part 4A, Division 4—see clause 31I.

player card means a card issued by a casino operator to a patron to use for gaming at the casino, as referred to in the Act, section 71A.

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.

table game does not include an electronic table game.

the Act means the Casino Control Act 1992.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)

Notes included in this Regulation do not form part of this Regulation.

cl 3: Am 2022 No 59, Sch 3.9; 2024 (374), Sch 1[1].

Part 2Casino operator and casino employees4Major 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.

5Minor 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.

6Certain 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)

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.

7Change in state of affairs of licensee

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.

8Fees for application and renewal of special employee licences(1)

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 the relevant fee specified in Schedule 7.

(2)

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 the relevant fee specified in Schedule 7.

Part 2AClose associates

pt 2A: Ins 2022 No 36, Sch 2[1].

8AExemption from requirement to hold approval under Act, Part 3, Division 3

For section 42A(3)(a) of the Act, the NICC must have regard to the degree of control or influence the close associate is or will be able to, in the NICC’s opinion, exercise over the casino operator’s business.

cl 8A: Ins 2022 No 36, Sch 2[1].

8BSubstantial changes in state of affairs of associates—the Act, s 42F(1)

For the Act, section 42F(4), definition of substantial change, the following changes in a close associate’s state of affairs are prescribed as substantial—

  • (a)

    the refusal by a relevant regulator of an application made by the close associate for a licence or other authorisation,

  • (b)

    the suspension or cancellation by a relevant regulator of a licence or other authorisation held by the close associate,

  • (c)

    the taking of disciplinary action by a relevant regulator in relation to the close associate,

  • (d)

    the commencement, discontinuation, settlement or finalisation of civil proceedings in relation to the close associate, other than matters that are not reasonably likely to affect whether the close associate is a suitable person to be concerned in or associated with the management and operation of a casino, having regard to the matters specified in the Act, section 42D(3),

    Example—

    Civil proceedings involving industrial relations or workers compensation matters may not be reasonably likely to affect whether the close associate is a suitable person.

  • (e)

    the commencement, discontinuation or finalisation of criminal proceedings in relation to the close associate,

  • (f)

    the commencement, discontinuation or finalisation of an inquiry, investigation, examination or similar process, in relation to the close associate, by a law enforcement agency within the meaning of the Act, section 149,

  • (f1)

    the commencement, discontinuation or finalisation of an investigation or similar process by the casino operator in relation to the conduct of the close associate,

  • (g)

    any other change that may affect whether the close associate is a suitable person to be concerned in or associated with the management and operation of a casino, having regard to the matters specified in the Act, section 42D(3).

(2)

In this clause—

relevant regulator means the following—

  • (a)

    the NICC,

  • (b)

    the Authority,

  • (c)

    a casino, gaming, wagering or liquor regulator in another jurisdiction, including a jurisdiction outside of Australia.

cl 8B: Ins 2022 (782), Sch 1[2]. Am 2024 (374), Sch 1[2]–[4].

Part 3Contracts9NICC to provide serial numbers for controlled contracts

The NICC must, as soon as practicable after receiving notice 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.

cl 9: Am 2022 (782), Sch 1[1].

10Fee to accompany contract notice

For the purposes of section 37(1) of the Act, the prescribed fee is the relevant fee specified in Schedule 7.

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 NICC,

  • (b)

    it must be in writing in the English language,

  • (c)

    it must contain the full names, business addresses, business telephone numbers and email addresses 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.

(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),

  • (b)

    it must be in writing in the English language,

  • (c)

    it must specify any change to the names, business addresses, business telephone numbers and email addresses 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.

(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.

cl 11: Am 2022 (782), Sch 1[1].

12Contracts exempt from provisions of Act

The following classes of contracts are prescribed as exempt from the definition of controlled contract in section 36 of the Act—

  • (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,

  • (g)

    a contract for the supply or servicing of gaming equipment that does not affect the outcome, or the monitoring, of a game,

  • (h)

    a contract (a new contract) that is substantially on the same terms as an existing controlled contract with a casino operator if—

    • (i)

      the NICC has received a contract notice for the existing controlled contract in accordance with section 37(1) of the Act, and

    • (ii)

      the party who is supplying or servicing the gaming equipment under the new contract is the same person as the party who is supplying or servicing the gaming equipment under the existing controlled contract, and

    • (iii)

      within the period of 12 months immediately preceding the proposed commencement of the new contract, there has been no material change to the management or ownership of the party mentioned in subparagraph (ii), and

    • (iv)

      within the period of 12 months immediately preceding the proposed commencement of the new contract, the NICC has not—

      • (A)

        objected to the existing controlled contract under section 37(2) of the Act, or

      • (B)

        required the existing controlled contract to be terminated under section 39(4) of the Act.

cl 12: Am 2020 (18), Sch 1[1]; 2022 No 36, Sch 2[2]; 2022 (782), Sch 1[1].

Part 4Responsible gambling practicesDivision 1Payment of winnings and prizes—the Act, Sch 3, cl 13

pt 4, div 1: Subst 2024 (374), Sch 1[5].

13Payment of prize money(1)

If the total prize money payable to a patron exceeds $2,000, the casino operator must—

  • (a)

    notify the patron, verbally or by the use of signs or other means, that the patron may request some or all of the total prize money be paid to the patron by—

    • (i)

      electronic funds transfer, or

    • (ii)

      other means of payment approved by the NICC, and

  • (b)

    pay the patron in accordance with the patron’s request.

Maximum penalty—500 penalty units.

(2)

In this clause—

total prize money means the total amount of money payable to a person as a result of one or both of the following on a single occasion—

  • (a)

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

  • (b)

    the person accumulating credits on a gaming machine.

cl 13: Subst 2024 (374), Sch 1[5].

14Prize winning cheques(1)

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.

(2)

Without limiting subclause (1), a person who accepts the transfer of a prize winning cheque in, or within 500m of, a casino is taken to know that the cheque is a prize winning cheque unless the contrary is proven.

(3)

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—500 penalty units.

(4)

In this clause—

crossed cheque means a cheque crossed as referred to in the Cheques Act 1986 of the Commonwealth, section 53.

prize winning cheque means a crossed cheque that is paid by a casino as prize money to a person as a result of one or both of the following on a single occasion—

  • (a)

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

  • (b)

    the person accumulating credits on a gaming machine.

cl 14: Rep 2022 No 36, Sch 2[3]. Ins 2024 (374), Sch 1[5].

Division 215

(Repealed)

pt 4, div 2: Rep 2024 (374), Sch 1[5].

cl 15: Am 2022 No 36, Sch 2[4]. Rep 2024 (374), Sch 1[5].

Division 3Player information—the Act, Sch 3, cl 11

pt 4, div 3, hdg: Am 2024 (374), Sch 1[6].

16Display of information concerning chances of winning prizes on gaming machines(1)

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

Maximum penalty—500 penalty units.

(2)

The notices must—

  • (a)

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

  • (b)

    be in a form approved by the Secretary and published on a website maintained by Liquor & Gaming NSW.

cl 16: Am 2021 (2), Sch 1.2[1][2]; 2022 No 36, Sch 2[5].

17Approved player information brochures in English and other languages(1)

In this clause—

player information means the following—

  • (a)

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

  • (b)

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

  • (c)

    the phone number for Gambling Help operated under contractual arrangements made by Liquor & Gaming NSW.

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 Secretary may approve one or more pamphlets or brochures containing player information in the English language (an approved player information brochure).

(3)

The Secretary may approve one or more pamphlets or brochures containing advice in a language other than English—

  • (a)

    indicating the substance of an approved player information brochure and contained in an approved player information brochure, and

  • (b)

    advising that the player information will be supplied by the licensee in that language on request.

(4)

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

(5)

Without limiting subclause (3), the Secretary may approve one or more pamphlets or brochures containing player information in any language other than English.

(6)

The Secretary may vary or withdraw the approval of a pamphlet or brochure under this clause.

cl 17: Am 2021 (2), Sch 1.2[2].

18Provision of approved player information brochures(1)

A casino operator must make copies of approved player information brochures available to patrons of the casino in accordance with this clause.

Maximum penalty—500 penalty units.

(2)

Approved 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, and

  • (c)

    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, and

  • (d)

    be in a form approved by the Secretary and published on a website maintained by Liquor & Gaming NSW.

cl 18: Am 2021 (2), Sch 1.2[1][2]; 2022 No 36, Sch 2[6].

19Provision of player information in languages other than English(1)

If the Secretary has approved a pamphlet or brochure under clause 17(5) in a language other than English, a person may request a copy of the pamphlet or brochure in one of those languages.

(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—500 penalty units.

(3)

The brochures must be in a form approved by the Secretary and published on a website maintained by Liquor & Gaming NSW.

cl 19: Am 2021 (2), Sch 1.2[1]–[3]; 2022 No 36, Sch 2[7].

20Dangers of gambling—notice to be displayed on gaming machines(1)

A casino operator must, in accordance with this clause, display a notice containing a warning about gambling and advice for getting help with problem gambling on each gaming machine kept in the casino.

Maximum penalty—500 penalty units.

(2)

The notice must—

  • (a)

    be positioned in a way that is to enable a person to clearly see the notice while playing the machine, and

  • (b)

    be attached to a gaming machine or consist of a permanently visible light emitting display that forms part of the machine, and

  • (c)

    be in a form approved by the Secretary for the purposes of this clause.

(3)

The notice must published on a website maintained by Liquor & Gaming NSW, unless the notice consists of a permanently visible light emitting display that forms part of the machine.

(4)

(Repealed)

cl 20: Am 2021 (2), Sch 1.2[1][2][4]–[6]; 2022 No 36, Sch 2[8].

21Gambling counselling services—notice to be displayed(1)

A casino operator must, in accordance with this clause, display a notice containing information about the availability of gambling counselling services.

Maximum penalty—500 penalty units.

(2)

The notice must—

  • (a)

    be positioned in a way that is likely to cause each person entering the casino to be alerted to the notice, and

  • (b)

    be in a form approved by the Secretary and published on a website maintained by Liquor & Gaming NSW.

cl 21: Am 2021 (2), Sch 1.2[1][2]; 2022 No 36, Sch 2[9].

22Signage to be displayed on ATMs and cash-back terminals(1)

A casino operator must, in accordance with this clause, display a notice containing information about gambling help on, or in the immediate vicinity of, each automatic teller machine (ATM) or cash-back terminal installed in the casino environs.

Maximum penalty—500 penalty units.

(2)

The notice must—

  • (a)

    be positioned so as to enable a person to clearly see the notice while using the ATM or cash-back terminal, and

  • (b)

    in relation to a cash-back terminal—include the statement “Your player activity statement is available from the casino operator”, and

  • (c)

    be in a form approved by the Secretary for the purposes of this clause.

(3)

The notice must published on a website maintained by Liquor & Gaming NSW, unless the notice consists of a permanently visible light emitting display that forms part of the machine or terminal.

(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.

cl 22: Am 2021 (2), Sch 1.2[1][2]; 2022 No 36, Sch 2[10].

22A–25A

(Repealed)

cl 22A: Ins 2022 No 36, Sch 2[11]. Rep 2024 (374), Sch 1[7].

cl 23: Am 2022 No 36, Sch 2[12]. Rep 2024 (374), Sch 1[7].

cl 24: Rep 2024 (374), Sch 1[7].

cl 25: Am 2022 No 36, Sch 2[13]. Rep 2024 (374), Sch 1[7].

cl 25A: Ins 2022 No 36, Sch 2[14]. Rep 2024 (374), Sch 1[7].

25BAvailability of player activity statements—the Act, s 76A(1)

If requested by a participant in a player reward scheme, the casino operator conducting the scheme must make the participant’s player activity statement available to the participant, free of charge, on a monthly basis.

(2)

The casino operator must ensure participants in the player reward scheme are advised that player activity statements are available in accordance with subclause (1)—

  • (a)

    on first becoming participants in the scheme, and

  • (b)

    in all promotional material relating to the scheme.

cl 25B: Ins 2022 (782), Sch 1[3].

26Requirement 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 NICC to make available.

Maximum penalty—500 penalty units.

cl 26: Am 2022 No 36, Sch 2[15]; 2022 (782), Sch 1[1].

Division 4Advertising—the Act, Sch 3, cl 6

pt 4, div 4, hdg: Am 2024 (374), Sch 1[8].

27Prohibitions on casino advertising(1)

A person must not publish or communicate, or cause to be published or communicated, any casino advertising—

  • (a)

    that encourages a breach 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 will be a definite outcome of participating in gambling activities, or

  • (f)

    that suggests that participation in gambling activities is likely to improve a person’s 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—

  • (a)

    for a casino operator—1,000 penalty units, or

  • (b)

    otherwise—100 penalty units.

(2)

A person must not publish, or cause to be published, any casino advertising that does not contain a statement about problem gambling help options approved by the Secretary.

Maximum penalty—

  • (a)

    for a casino operator—1,000 penalty units, or

  • (b)

    otherwise—100 penalty units.

(3)

Subclause (2) does not apply unless the casino advertising concerned draws attention to, or can reasonably be taken to draw attention to, the availability of gambling activities.

(4)

A person (other than a casino operator) who publishes casino advertising in contravention of subclause (1) or (2) is not guilty of an offence if a casino operator approved, in writing, 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—1,000 penalty units.

(6)

In this clause—

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, internet or television).

cl 27: Am 2021 (2), Sch 1.2[7]; 2022 No 36, Sch 2[16] [17]; 2024 (374), Sch 1[9]–[11].

27ADirect casino advertising(1)

A casino operator must not use information collected by the casino operator in relation to a patron for the purposes of sending casino advertising to the patron by post, email, telephone, text message or other direct means.

Maximum penalty—1,000 penalty units.

(2)

Subclause (1) does not apply to the use of information for the purposes of sending casino advertising to a patron by post, email, telephone, text message or other direct means if—

  • (a)

    the patron has given express consent to the use of the information for the purposes of receiving the casino advertising in that way, and

  • (b)

    the patron has not withdrawn consent, and

  • (c)

    the patron may withdraw consent at any time.

cl 27A: Ins 2024 (374), Sch 1[12].

28Advertising relating to gaming machines—exclusions(1)

The following are excluded from the operation of section 70A of the Act—

  • (a)

    an advertisement relating to gaming machines that appears in any promotional material provided by a casino operator in accordance with subclause (2),

  • (b)

    an advertisement relating to gaming machines 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.

(2)

A casino operator may send promotional material that contains an advertisement relating to gaming machines 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 the words approved for the notice referred to in clause 20(1), and

  • (d)

    the promotional material contains—

    • (i)

      a statement to the effect that the member may at any time withdraw consent to receiving any further promotional material, and

    • (ii)

      details of how consent may be withdrawn, and

  • (e)

    the promotional material includes information or advertising apart from advertising relating to gaming machines or a statement or notice required to be provided by the Act or this Regulation, and

  • (f)

    the casino operator keeps a record of the member’s consent to receiving the promotional material, and

  • (g)

    the member is not subject to an exclusion order.

(3)

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.

cl 28: Am 2024 (374), Sch 1[13]–[18].

29Visibility of gaming machines and gaming-related signs—exclusions

For the Act, section 71(2)(b), a gaming-related sign is excluded if the primary purpose of the sign is to draw attention to the location of the casino.

cl 29: Am 2022 No 36, Sch 2[18]. Subst 2024 (374), Sch 1[19].

Division 5Problem gambling counselling services—the Act, Sch 3, cl 11

pt 4, div 5, hdg: Am 2024 (374), Sch 1[20].

30Provision of problem gambling counselling services(1)

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.

(2)

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.

(2A)

The requirement in subclause (2) includes a requirement to make the information electronically available to the patrons of the casino by using the internet or other electronic means that are used for gaming at the casino and for transactions associated with gaming.

(3)

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.

(4)

A casino operator must display a notice that complies with subclause (5) in each part of the casino in which gaming machines are located.

Maximum penalty—500 penalty units.

(5)

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.

cl 30: Am 2022 No 36, Sch 2[19]; 2024 (374), Sch 1[21].

31Provision 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—500 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 Secretary.

cl 31: Am 2021 (2), Sch 1.2[2]; 2022 No 36, Sch 2[20].

Division 6Miscellaneous

pt 4, div 6: Ins 2024 (374), Sch 1[22].

31ATransactions involving debit cards—the Act, s 74(1)(c1)(1)

The requirements for a transaction involving a debit card are as follows—

  • (a)

    the transaction must be with the patron to whom the debit card is issued,

  • (b)

    the transaction must be expressly authorised by the patron,

    Example—

    The patron may use a PIN or multi-factor authentication to expressly authorise the transaction.

  • (c)

    if the transaction involves the provision of money—the money must be transferred into or from the patron’s deposit account,

  • (d)

    the transaction must not involve the withdrawal of money by a patron from an account the casino operator knows, or could be reasonably expected to know, is overdrawn.

(2)

A transaction is not expressly authorised for subclause (1)(b) if the patron only authorises the payment through the use of a contactless payment system.

cl 31A: Ins 2024 (374), Sch 1[22].

31BGambling inducements—the Act, s 76

A casino operator must not—

  • (a)

    offer or supply, or cause or permit the offer or supply of, free or discounted liquor as an inducement to participate, or to participate frequently, in a gambling activity in the casino, or

  • (b)

    offer, or cause or permit the offer of, free credits—

    • (i)

      to players of gaming machines in the casino, or

    • (ii)

      as an inducement to persons to become players of gaming machines in the casino, or

  • (c)

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

Maximum penalty—500 penalty units.

cl 31B: Ins 2024 (374), Sch 1[22].

Part 4APlayer cards—the Act, s 71A(a)

pt 4A: Ins 2024 (374), Sch 1[23].

Division 1Preliminary

pt 4A, div 1: Ins 2024 (374), Sch 1[23].

31CPreliminary

This part prescribes the requirements for gaming at a casino by use of a player card for the Act, section 71A(a).

Note—

The Act, section 71A makes it a condition of a casino licence that all gaming at the casino must be by use of a player card, issued to each patron, that complies with—

  • (a)

    the requirements prescribed by the regulations, and

  • (b)

    any other requirements set out in the casino operator’s system of internal controls.

cl 31C: Ins 2024 (374), Sch 1[23].

31DGeneral provisions(1)

A patron’s player card must be linked to each deposit account used by the patron for gaming at the casino.

(2)

A single player card may be issued in the form of a physical card, an electronic card or both.

(3)

A casino operator must ensure that a patron does not have more than 1 player card in force at any time for the casino.

(4)

A player card must not be able to be used to play more than 1 gaming machine or electronic table game at the same time.

(5)

All transactions made by a patron at a casino that are associated with gaming must be made using the patron’s player card.

cl 31D: Ins 2024 (374), Sch 1[23].

Division 2Issue of player cards

pt 4A, div 2: Ins 2024 (374), Sch 1[23].

31ERestriction on issue of player cards(1)

A casino operator must not issue a patron with a player card if—

  • (a)

    the NICC has notified the casino operator that the patron is subject to a banning order for the casino, or

  • (b)

    the patron’s right to enter or remain in the casino, as referred to in the Act, section 77, has been withdrawn.

(2)

A casino operator must cancel a patron’s player card if—

  • (a)

    the NICC notifies the casino operator that the patron is subject to a banning order for the casino, or

  • (b)

    the patron’s right to enter or remain in the casino, as referred to in the Act, section 77, is withdrawn.

(3)

In this clause—

banning order, for a casino, means a banning order for licensed premises in the casino or casino environs under Schedule 6, clause 78.

cl 31E: Ins 2024 (374), Sch 1[23].

31FVerification of patron identity(1)

A patron must not be issued with a player card unless the casino operator has verified and recorded the patron’s identity in accordance with this clause.

(2)

The casino operator must—

  • (a)

    verify the patron’s identity using a document referred to in clause 47 (an identification document), and

  • (b)

    record the following information specified in the patron’s identification document—

    • (i)

      the patron’s name,

    • (ii)

      the patron’s date of birth,

    • (iii)

      the patron’s residential address, if shown on the identification document, and

  • (c)

    compare the patron’s face to the photo of the patron on the identification document and be reasonably satisfied the patron is the person in the photo, and

  • (d)

    take and keep a clear, colour photo of the patron.

(3)

It is sufficient for this clause if the identification document contains only the initial of a patron’s middle name and not the patron’s whole middle name.

(4)

The casino operator must keep a record of the action taken under this clause.

cl 31F: Ins 2024 (374), Sch 1[23].

Division 3Use of player cards

pt 4A, div 3: Ins 2024 (374), Sch 1[23].

31GIdentification of patrons using player cards

A casino operator must ensure a patron using a player card for gaming at the casino is the person to whom the player card was issued by—

  • (a)

    comparing the patron’s face to—

    • (i)

      the photo on the patron’s player card, or

    • (ii)

      the photo of the patron kept by the casino operator under clause 31F, or

  • (b)

    requiring the patron to prove the patron’s identity by using multi-factor authentication, biometric authentication or a PIN, or

  • (c)

    using another measure to verify the identity of the patron approved by the NICC for the purposes of this clause.

cl 31G: Ins 2024 (374), Sch 1[23].

31HUse of player card by other persons(1)

If a casino operator becomes aware that a patron (the player card user) is knowingly using a player card issued to another patron (the player card holder) for gaming at the casino, the casino operator must consider—

  • (a)

    whether to give an exclusion order to the player card user, and

  • (b)

    whether to—

    • (i)

      suspend or cancel the player card holder’s player card, or

    • (ii)

      give an exclusion order to the player card holder.

(2)

In considering the action to be taken under subclause (1), the casino operator must consider whether the player card user is using the player card holder’s player card—

  • (a)

    for the purposes of avoiding gambling harm minimisation measures implemented at the casino, or

  • (b)

    for purposes associated with criminal activity.

(3)

A casino operator must keep a record of any action taken under this clause, including the reasons for the action.

cl 31H: Ins 2024 (374), Sch 1[23].

Division 4Limits on gaming using player card

pt 4A, div 4: Ins 2024 (374), Sch 1[23].

31IDefinitions

In this division—

deposit limit means the maximum amount of money that the patron may, in a day, deposit into the patron’s deposit account for gaming using the player card.

gaming limit, in relation to a player card, means the following—

  • (a)

    the net loss limit,

  • (b)

    the deposit limit.

net loss limit means the maximum net loss that the patron may have from gaming in a day, week or month, or a combination, using a player card for gaming.

cl 31I: Ins 2024 (374), Sch 1[23].

31JSetting gaming limits(1)

Before a player card may be used by a patron for gaming at a casino for the first time after the commencement of this clause, the casino operator must—

  • (a)

    give the patron information about the benefits of setting gaming limits for minimising gambling harm that is in plain language, and

  • (b)

    require the patron to—

    • (i)

      set the gaming limits for the patron’s player card, or

    • (ii)

      expressly advise the casino operator that the patron does not want to set the gaming limits.

(2)

The casino operator must ensure that information referred to in subclause (1)(a) is prominently displayed in the casino.

(3)

At least once every 12 months after a patron expressly advises the casino operator the patron does not want to set the gaming limits, the casino operator must give the patron the information specified in subclause (1)(a).

(4)

Subclause (3) does not apply if the patron has not engaged in gaming at the casino within the previous 12 months.

(5)

The casino operator must ensure a patron may set or change a gaming limit at any time.

cl 31J: Ins 2024 (374), Sch 1[23].

31KImplementation of gaming limits(1)

The casino operator must implement the gaming limits set by a patron.

(2)

The gaming limits set by a patron for the player card for the first time after the player card is issued must take effect immediately.

(3)

If a patron makes a change to a gaming limit, the new gaming limit must take effect—

  • (a)

    immediately, if the new gaming limit is less than the existing gaming limit, or

  • (b)

    after 24 hours, if the new gaming limit is more than the existing gaming limit.

(4)

If a patron reaches the deposit limit, the casino operator must ensure the patron is immediately prevented from depositing money into the patron’s deposit account for the remainder of the day.

(5)

If a patron reaches the net loss limit for the specified period, the casino operator must ensure the patron is immediately prevented from gaming at the casino using the player card for the remainder of the specified period.

cl 31K: Ins 2024 (374), Sch 1[23].

31LLimits on gaming time(1)

As soon as a patron has played gaming machines continuously for 3 hours, the casino operator must ensure the patron is prevented from gaming for 15 minutes.

(2)

As soon as a patron has played electronic table games continuously for 3 hours, or table games continuously for 6 hours, the casino operator must ensure a special employee—

  • (a)

    takes reasonable steps to assess, in person, whether the patron should—

    • (i)

      be prevented from gaming at the casino, or

    • (ii)

      be referred to or given information about problem gambling counselling services, and

  • (b)

    takes the action specified in paragraph (a)(i) and (ii) the special employee considers appropriate, and

  • (c)

    gives the patron information about the harm caused by continuous gaming and the benefits of taking breaks from gaming.

(3)

As soon as a patron has engaged in gaming at the casino for 12 hours in a 24-hour period, the casino operator must—

  • (a)

    immediately prevent the patron from gaming at the casino for a period specified by the casino operator of at least 24 hours, and

  • (b)

    remove the patron from the casino as soon as practicable, and

  • (c)

    prevent the patron from re-entering the casino during the period specified by the casino operator under paragraph (a).

(4)

As soon as a patron has engaged in gaming at the casino for 48 hours in a 7-day period, the casino operator must—

  • (a)

    immediately prevent the patron from gaming at the casino for a period specified by the casino operator of at least 7 days, and

  • (b)

    remove the patron from the casino as soon as practicable, and

  • (c)

    prevent the patron from re-entering the casino during the period specified by the casino operator under paragraph (a).

(5)

In this clause, a patron engages in gaming continuously for a period if the patron does not stop for at least 15 minutes in the period, whether or not the patron plays the same or different games in the period.

(6)

Gaming by a patron in a tournament at a casino is not counted for this clause.

(7)

In this clause—

special employee has the same meaning as in the Act, Part 4.

cl 31L: Ins 2024 (374), Sch 1[23].

Division 5Transactions related to gaming using player card

pt 4A, div 5: Ins 2024 (374), Sch 1[23].

31MRestriction on automatic transactions

A casino operator must take all reasonable steps to ensure the casino operator does not enable a patron to set up automatic increases to the amount of money available for the patron to use for gaming using the patron’s player card.

cl 31M: Ins 2024 (374), Sch 1[23].

31NRestriction on electronic transfers

A casino operator must not allow a patron to electronically transfer money to or from the patron’s deposit account unless the money is being transferred to or from—

  • (a)

    another deposit account established by the patron with the casino operator, or

  • (b)

    a deposit account, however described, established by the patron with another casino operator in this State or another State or Territory, or

  • (c)

    an account the patron holds with a bank or other financial institution.

cl 31N: Ins 2024 (374), Sch 1[23].

31ODelays on money transfers(1)

A casino operator must ensure that, after a patron deposits money into the patron’s deposit account, the deposited money cannot be used for gaming for 15 minutes.

(2)

Subclause (1) does not apply to the following deposits made by a patron into the patron’s deposit account—

  • (a)

    the first deposit in a day,

  • (b)

    a deposit of cash,

  • (c)

    a deposit of the patron’s winnings at the casino.

cl 31O: Ins 2024 (374), Sch 1[23].

Division 6Information and records

pt 4A, div 6: Ins 2024 (374), Sch 1[23].

31PRecording information about gaming(1)

A casino operator must ensure the following information is recorded when a patron uses a player card for gaming at the casino—

  • (a)

    the patron’s buy-in and buy-out times and amounts,

  • (b)

    the periods during which the patron is gaming,

  • (c)

    the games played by the patron,

  • (d)

    the patron’s turnover, wins and losses,

  • (e)

    other information the NICC reasonably requires, by written notice given to the casino operator, for the purposes of—

    • (i)

      carrying out investigations of the casino’s operations, or

    • (ii)

      ensuring the casino operator is complying with the operator’s obligations in relation to responsible gambling practices, gambling harm minimisation and monitoring and preventing criminal activity.

(2)

A casino operator must ensure the following information in relation to a patron’s gaming transactions is recorded—

  • (a)

    the player card used by the patron for the transaction,

  • (b)

    the type of transaction,

  • (c)

    the date and time of the transaction,

  • (d)

    the way the transaction was made,

  • (e)

    the amount of the transaction,

  • (f)

    the name of any game involved in the transaction,

  • (g)

    whether the transaction is covered by a premium player arrangement,

  • (h)

    other information the NICC reasonably requires, by written notice given to the casino operator, for the purposes of—

    • (i)

      carrying out investigations of the casino’s operations, or

    • (ii)

      ensuring the casino operator is complying with the operator’s obligations in relation to responsible gambling practices, gambling harm minimisation and monitoring and preventing criminal activity.

(3)

To avoid doubt, subclause (2) applies to a gaming transaction between the casino operator and the patron involving money, whether or not the transaction involves the patron’s deposit account.

(4)

A casino operator must monitor and review the information recorded under this clause for the purposes of ensuring compliance with the operator’s obligations in relation to responsible gambling practices, gambling harm minimisation and monitoring and preventing criminal activity.

(5)

A casino operator must keep the information recorded under this clause in a way that enables the information to be produced in a way that will not reveal the identity of a person to whom the information relates.

(6)

For subclause (1)(d), a patron’s turnover, wins or losses means, in relation to gaming at a table game, the casino operator’s best estimate of the patron’s turnover, wins or losses from gaming at the table game.

(7)

In this clause—

gaming transaction, for a patron, means a transaction associated with gaming that is made by the patron using the patron’s player card.

cl 31P: Ins 2024 (374), Sch 1[23].

31QAccess to information about patron’s gaming and transactions using player card(1)

This clause applies to the information about a patron’s gaming and transactions required to be recorded by the casino operator under clause 31P(1)(a)–(d) and (2)(a)–(g) (patron information).

(2)

The casino operator must ensure patron information is—

  • (a)

    kept up to date, and

  • (b)

    accessible in a format showing the information for a day, week or month.

(3)

If a patron requests access to patron information, the casino operator must give the patron access to the information—

  • (a)

    for patron information related to gaming at a table game—within 48 hours of the request, or

  • (b)

    otherwise—within 24 hours of the request.

(4)

Access to information under subclause (3) must be given electronically, unless the patron requests access in hard copy.

cl 31Q: Ins 2024 (374), Sch 1[23].

Division 7Miscellaneous

pt 4A, div 7: Ins 2024 (374), Sch 1[23].

31RCancellation of player card(1)

If the casino operator cancels a patron’s player card, the casino operator must—

  • (a)

    not allow the patron to deposit money into the patron’s deposit account, and

  • (b)

    take reasonable steps to return the money in the patron’s deposit account to the patron.

(2)

Subclause (1)(b) does not apply to money in the patron’s deposit account that comprises winnings forfeited to the casino operator under the Act, section 86A.

cl 31R: Ins 2024 (374), Sch 1[23].

31SVoluntary suspension of player card(1)

A casino operator must enable a patron to, at any time, request that the patron be prevented from gaming at the casino, for 24 hours or a longer period, by having the patron’s player card suspended.

(2)

Information about how the patron may make a request under this clause must be—

  • (a)

    given to a patron when the patron is issued with a player card, and

  • (b)

    available to a patron at all times while gaming at the casino.

(3)

The casino operator must, immediately after a patron makes a request under this clause—

  • (a)

    suspend the patron’s player card, and

  • (b)

    prevent the patron from gaming at the casino.

cl 31S: Ins 2024 (374), Sch 1[23].

31TGambling harm minimisation measures for gaming machines and electronic table games

A casino operator must ensure the following gambling harm minimisation measures are implemented in relation to patrons using a player card for gaming machines or electronic table games—

  • (a)

    sending automatic electronic messages to patrons about taking breaks from gaming,

  • (b)

    arranging for patrons who may be at risk of gambling harm to be spoken to in person in relation to gambling harm and minimisation measures,

  • (c)

    enabling patrons to use electronic means to seek help in person about problem gambling.

cl 31T: Ins 2024 (374), Sch 1[23].

31UPlayer reward schemes

A person may participate in a player reward scheme, within the meaning of the Act, section 76A, only if the person expressly consents to participate in the scheme.

cl 31U: Ins 2024 (374), Sch 1[23].

Part 5Responsible service of alcohol training32Definitions

In this Part—

advanced licensee endorsement, licensee endorsement and RSA endorsement have the same meanings as they have in Part 5 of the Liquor Regulation 2018.

current, in relation to an endorsement on a recognised competency card, means the endorsement has not yet expired and is not suspended or revoked.

interim certificate means a certificate issued under clause 71 of the Liquor Regulation 2018, certifying that the person has completed a training course or RSA bridging course within the meaning of that Regulation and that is taken to be a recognised competency card under that Regulation.

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

recognised competency card means a recognised competency card (within the meaning of the Liquor Regulation 2018) with a current RSA endorsement.

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.

cl 32: Am 2020 (18), Sch 1[2].

33Obligations of licensee and manager as to responsible service of alcohol(1)

The licensee of licensed premises must not sell, supply or serve liquor by retail on the premises, or cause or permit liquor to be sold, supplied or served by retail on the premises, unless the licensee holds a recognised competency card with—

  • (a)

    a current licensee endorsement, and

  • (b)

    in relation to licensed premises that sell, supply or serve liquor at any time between midnight and 5 am on a regular basis—a current advanced licensee endorsement.

Maximum penalty—50 penalty units.

(2)

The manager of licensed premises must not sell, supply or serve liquor by retail on the premises, or cause or permit liquor to be sold, supplied or served by retail on the premises, unless the manager holds a recognised competency card with—

  • (a)

    a current licensee endorsement, and

  • (b)

    in relation to licensed premises that sell, supply or serve liquor at any time between midnight and 5 am on a regular basis—a current advanced licensee endorsement.

Maximum penalty—50 penalty units.

(3)

A licensee or manager 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 recognised competency card, or

  • (b)

    holds an interim certificate.

Maximum penalty—

  • (a)

    if the staff member’s recognised competency card or interim certificate has expired—25 penalty units, or

  • (b)

    in any other case—50 penalty units.

(4)

Subclause (1) does not apply to a licensee that is a corporation.

34Obligations 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 competency card.

Maximum penalty—10 penalty units.

35Obligations in relation to persons carrying on certain security activities(1)

A person (including the licensee of licensed premises) must not employ or engage a person to carry on activities as a crowd controller or in a similar capacity on or about licensed premises unless the person holds a recognised competency card.

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 in a similar capacity on or about licensed premises unless the person holds a recognised competency card.

Maximum penalty—10 penalty units.

Note.

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

36Requirements for RSA marshals(1)

A person must not, in the course of the person’s employment as an RSA marshal, carry out RSA supervisory duties (within the meaning of the Liquor Regulation 2018) on or about licensed premises unless the person holds a recognised competency card.

Maximum penalty—10 penalty units.

(2)

A person (including the licensee of licensed premises) must not employ or engage another person as an RSA marshal on licensed premises unless the person holds a recognised competency card.

Maximum penalty—50 penalty units.

37Conduct 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.

38Inspection of recognised competency card(1)

A police officer or inspector may require a person who is required to hold a recognised competency card to produce the person’s recognised competency card to the officer or inspector for inspection.

(2)

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.

39Suspension or revocation of recognised competency card(1)

The NICC 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 NICC, a recognised competency card (and all of its endorsements), or a particular recognised competency card endorsement,

  • (b)

    an order revoking a recognised competency card (and all of its endorsements), or a particular recognised competency card endorsement,

  • (c)

    an order declaring that a person is disqualified from holding a recognised competency card, or a particular recognised competency card endorsement, for such period (not exceeding 12 months) as is specified in the order.

(2)

The NICC may only make an order under this clause in respect of a recognised competency card (and all of its endorsements), or a particular recognised competency card endorsement, held by a person if the NICC is satisfied that the person has—

  • (a)

    contravened any of the person’s obligations under this Regulation or under the Liquor Act 2007 or the regulations under that Act that, in the opinion of the NICC, 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)

    obtained a recognised competency card or recognised competency card endorsement fraudulently or by deception (including by allowing or arranging for another person to complete or partially complete a training course), in which case the NICC may only make an order under subclause (1)(b) or (c).

(3)

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.

(4)

The NICC 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 NICC in relation to the application.

(5)

An order under this clause takes effect on the date specified by the NICC in the order.

(6)

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.

(7)

If the NICC 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 NICC’s decision.

(8)

Section 53 of the Administrative Decisions Review Act 1997 does not apply in relation to the NICC’s decision to make an order under this clause.

(9)

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 competency card is suspended by the NICC under this clause, or

  • (b)

    the person is disqualified under this clause from holding a recognised competency card.

Maximum penalty—50 penalty units.

(10)

If a person’s recognised competency card (and all of its endorsements), or a particular recognised competency card endorsement, is suspended or revoked under this clause, the person must surrender the recognised competency card to the Secretary if required to do so by the NICC.

Maximum penalty—20 penalty units.

(11)

Subclause (10) does not apply to a recognised competency card in electronic form.

(12)

A person (the employer) does not commit an offence under clause 34 or 36(1) in relation to a person whose recognised competency card has been suspended or revoked by the NICC under this clause if—

  • (a)

    the person presents the employer with a recognised competency card that appears to be current, and

  • (b)

    the employer is satisfied on reasonable grounds that the card is current.

cl 39: Am 2022 (782), Sch 1[1].

Part 6Miscellaneous40Application 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.

41Drinking 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 42–44—

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

42Discount 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 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.

(3)

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).

(4)

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

Maximum penalty—50 penalty units.

43Codes of practice(1)

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

(2)

A code of practice may be approved for all licences or for particular licences only.

(3)

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

44Availability 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 similar activity) 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 NICC on the licence or any such authorisation.

cl 44: Am 2022 (782), Sch 1[1].

45Casino precincts—the Act, s 81(4)(1)

For the purposes of the Act, section 81(4), the following premises, excluding the parts of the premises that from time to time constitute a casino, are declared to be a casino precinct

  • (a)

    the whole of the premises on the land bounded by Pyrmont Street, Union Street, Edward Street, Pirrama Road and Jones Bay Road at Pyrmont,

  • (b)

    for a person who is not a resident of 1A Barangaroo Avenue—the whole of the premises on the land at 1 Barangaroo Avenue and 1A Barangaroo Avenue,

  • (c)

    for a person who is a resident of 1A Barangaroo Avenue—the whole of levels 2 and 3 of the premises on the land at 1 Barangaroo Avenue.

(2)

In this clause—

1 Barangaroo Avenue means Lot 1, DP 1264173, being 1 Barangaroo Avenue, Barangaroo.

1A Barangaroo Avenue means Lot 2, DP 1264173, being 1A Barangaroo Avenue, Barangaroo.

resident of 1A Barangaroo Avenue means a person whose principal place of residence is 1A Barangaroo Avenue.

Note—

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.

cl 45: Subst 2021 (673), Sch 1[1]. Am 2022 No 26, Sch 2.3.

45AProvision of list of excluded persons—the Act, s 83

For the Act, section 83(3)(i), the following persons or authorities are prescribed—

  • (a)

    a law enforcement agency within the meaning of the Act, section 149,

  • (b)

    a casino regulator in another State or a Territory.

cl 45A: Ins 2022 (782), Sch 1[4].

46Detention 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).

47Evidence 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 at least 18 years of age and the document has not expired and otherwise appears to be in force—

  • (a)

    an Australian driver licence (within the meaning of the Road Transport Act 2013) or a licence (however described) to drive a motor vehicle issued under the law of another country,

  • (b)

    a digital driver licence (within the meaning of Part 3.7 of the Road Transport Act 2013),

  • (c)

    a Photo Card issued under the Photo Card Act 2005,

  • (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)

    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,

  • (f)

    an Australian or foreign passport.

48Remedial 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 13 (Payment of prize money),

  • (b)

    clause 16 (Display of information concerning chances of winning prizes on gaming machines),

  • (c)

    clause 18 (Provision of approved player information brochures),

  • (d)

    clause 19 (Provision of player information in languages other than English),

  • (e)

    clause 20 (Dangers of gambling—notice to be displayed on gaming machines),

  • (f)

    clause 21 (Gambling counselling services—notice to be displayed),

  • (g)

    clause 22 (Signage to be displayed on ATMs and cash-back terminals),

  • (h)

    clause 27 (Prohibitions on casino advertising),

  • (i)

    clause 27A (Direct casino advertising),

  • (j)

    clause 31B (Gambling inducements).

cl 48: Am 2024 (374), Sch 1[24] [25].

48AAppointment of a manager if licence suspended, cancelled or surrendered—the Act, s 28

For the Act, section 28(4), the appointment of Nicholas Weeks as the manager of the casino operated by the The Star Pty Limited (ACN 060 510 410) at 80 Pyrmont Street, Pyrmont is extended until the end of 31 March 2026.

cl 48A: Ins 2022 (782), Sch 1[5]. Am 2023 (668), Sch 1; 2024 (193), Sch 1; 2024 (324), Sch 1; 2025 (137), Sch 1; 2025 (498), Sch 1.

49Delegation by Secretary

The Secretary may delegate to any Public Service employee any of the Secretary’s functions under this Regulation (other than this power of delegation).

50References 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.

51Casino supervisory levy(1)

For the purposes of section 115A(2) of the Act, the casino supervisory levy is—

  • (a)

    for the 2022–23 financial year—$19,000,000, and

  • (b)

    for each following financial year—the amount of the levy for the preceding financial year plus 2.5% of that amount.

(2)

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 NICC, and

  • (b)

    for the 2022–23 financial year—on a pro-rata basis for the part of the financial year—

    • (i)

      starting when the Casino Legislation Amendment Act 2022 commences, and

    • (ii)

      ending on 30 June 2023, and

  • (c)

    for each following financial year—by way of 12 equal instalments, with each instalment being paid before the end of each month in the financial year, and

  • (d)

    in equal proportions by each casino operator.

(3)

The Minister is to review the amount of the levy at least once every 5 years.

(4)

(Repealed)

cl 51: Am 2022 No 36, Sch 2[21]–[23]; 2022 (782), Sch 1[1].

Part 7Savings and transitional provisions

pt 7, hdg: Ins 2022 (782), Sch 1[6].

52Savings provision

Any act, matter or thing that, immediately before the repeal of the Casino Control Regulation 2009, had effect under that Regulation continues to have effect under this Regulation.

53Transitional—Gambling Legislation Amendment Regulation 2021(1)

A person is not required to comply with the new provisions during the transition period, and does not commit an offence against the Act or this Regulation because of the non-compliance, if the person instead complies with the old provisions.

(2)

In this clause—

amending Regulation means the Gambling Legislation Amendment Regulation 2021.

new provisions means clauses 16, 18–22, 27 and 31 as in force on the commencement of the amending Regulation.

old provisions means clauses 16, 18–22, 27 and 31 as in force immediately before the commencement of the amending Regulation.

transition period means the period of 6 months from the commencement of the amending Regulation.

cl 53: Ins 2021 (2), Sch 1.2[8].

54Casino Legislation Amendment Act 2022—the Act, Sch 4, cl 1(1)

A function exercised by the Authority before 5 September 2022 is taken to have been exercised by the NICC if it is a function that, after that date, may instead be exercised by the NICC.

(2)

Without limiting subclause (1), a relevant agreement entered into by the Authority before 5 September 2022 is taken to have been entered into by the NICC on behalf of the State.

(3)

The amendment made by the amending Act, Schedule 1[109] does not apply to a provision of the Act, Schedule 4 that commenced before 5 September 2022.

(4)

A reference to the Authority in a controlled contract entered into by a casino operator before the commencement of this clause is taken to be a reference to the NICC.

(5)

In this clause—

amending Act means the Casino Legislation Amendment Act 2022.

relevant agreement means an agreement entered into by the Authority on behalf of the State under the Act, section 142.

Note—

5 September 2022 is the commencement date of the amending Act, other than Schedule 1[60], to the extent it inserts section 71A, and [62].

cl 54: Ins 2022 (782), Sch 1[7].

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

(Clause 4)

1ASchedule does not apply to exempted close associates

A reference in this schedule to a close associate of the casino operator does not include a close associate who holds an exemption granted by the NICC under the Act, Part 3, Division 3.

1

A change in—

  • (a)

    the name of the casino operator, or

  • (b)

    the principal business address of the casino operator.

2

(Repealed)

3

A change in—

  • (a)

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

  • (b)

    the beneficiaries or unit holders of the trust of the casino operator.

4

(Repealed)

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, a trustee or a close associate of the casino operator as a party to—

  • (a)

    any dispute or event that is reasonably 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 $625,000 over any real or personal property of the casino operator, unless the charge is security for a loan given by a related body corporate of the casino operator to the casino operator.

11

An increase or decrease of $6,150,000 or more in the finance available to the casino operator, unless the increase or decrease in finance is the result of a loan given by—

  • (a)

    a related body corporate of the casino operator to the casino operator, or

  • (b)

    the casino operator to a related body corporate of 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 unit holders agreement).

sch 1: Am 2022 No 36, Sch 2[24]; 2022 (782), Sch 1[8]; 2024 (374), Sch 1[26]–[30].

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

(Clause 5)

1AMeaning of “exempted close associate”

In this schedule—

exempted close associate means a close associate who holds an exemption granted by the NICC under the Act, Part 3, Division 3.

1

A change in—

  • (a)

    the postal address of the casino operator, or

  • (b)

    the telephone number of the casino operator, or

  • (c)

    the email address of the casino operator.

2

The involvement of the casino operator, a trustee or a close associate of the casino operator as a party to—

  • (a)

    any dispute or event that is reasonably likely to give rise to civil proceedings or to alternative dispute resolution procedures, or

  • (b)

    the commencement, settlement, discontinuance or finalisation of civil proceedings, other than—

    • (i)

      matters that are not reasonably likely to affect whether the casino operator or trustee is a suitable person to be concerned in or associated with the management and operation of a casino, having regard to the matters specified in the Act, section 12(2), or

    • (ii)

      matters that are not reasonably likely to affect whether the close associate is a suitable person to be concerned in or associated with the management and operation of a casino, having regard to the matters specified in the Act, section 42D(3), or

  • (c)

    the commencement or finalisation of alternative dispute resolution procedures, other than—

    • (i)

      matters that are not reasonably likely to affect whether the casino operator or trustee is a suitable person to be concerned in or associated with the management and operation of a casino, having regard to the matters specified in the Act, section 12(2), or

    • (ii)

      matters that are not reasonably likely to affect whether the close associate is a suitable person to be concerned in or associated with the management and operation of a casino, having regard to the matters specified in the Act, section 42D(3).

2A

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

3

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.

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 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.

7

The involvement of an exempted close associate of the casino operator as a party to—

  • (a)

    any dispute or event that is reasonably likely to give rise to criminal proceedings, or

  • (b)

    the commencement, discontinuance or finalisation of criminal proceedings.

8

The creation of a charge in excess of $625,000 over real or personal property of the casino operator, if the charge is security for a loan given by a related body corporate of the casino operator to the casino operator.

9

An increase or decrease of $6,150,000 or more in the finance available to the casino operator as a result of a loan given by—

  • (a)

    a related body corporate of the casino operator to the casino operator, or

  • (b)

    the casino operator to a related body corporate of the casino operator.

10

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

11

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

12

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

13

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

14

The commencement of the winding up of an exempted close associate of the casino operator.

15

The commencement, discontinuation or finalisation of an investigation or similar process by the casino operator in relation to the conduct of a close associate.

sch 2: Am 2022 (782), Sch 1[9]; 2024 (374), Sch 1[27] [28] [31]–[33].

Schedule 3Change in state of affairs of licensee

(Clause 7)

Column 1

Column 2

Description of change

Prescribed particulars

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, or

  • (d)

    the email address of the licensee.

Particulars of those matters as changed.

A change consisting of the licensee being suspended or terminated by a casino operator.

Particulars of—

  • (a)

    the circumstances that caused the suspension or termination, and

  • (b)

    the date of the suspension or termination.

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—

  • (a)

    the terms, and

  • (b)

    the date,

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—

  • (a)

    the terms, and

  • (b)

    the date,

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—

  • (a)

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

  • (b)

    the commencement or finalisation of criminal proceedings,

  • (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).

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

Particulars giving the terms of the judgment.

The licensee—

  • (a)

    declares bankruptcy, 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.

sch 3: Am 2022 No 36, Sch 2[25] [26].

Schedule 4Notices in controlled contracts

(Clause 11)

Casino 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 NSW Independent Casino Commission (NICC).

This contract may be terminated in certain circumstances.

A party to this contract may be served with a notice in writing by the NICC 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 NICC for the making of submissions as to why the contract should not be terminated.

After considering any submissions so made, the NICC may, by notice in writing served on each party to the contract, require the contract to be terminated within a time specified in the notice.

If the contract is not terminated as required by the notice, it is terminated by 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

(3)

The Secretary 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 Secretary, 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 Secretary, 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 Secretary such authorisations and consents as the Secretary requires for the purpose of enabling the Secretary 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 Secretary 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 NICC by—

  • (a)

    an inspector, or

  • (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 NICC, the Authority, the Secretary 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 NICC 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 NICC 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 NICC 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 NICC 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 NICC should not take disciplinary action against the licensee, manager or close associate.

(3)

The NICC 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 NICC (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 NICC 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 NICC 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 NICC(1)

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

(2)

If the NICC is satisfied that any of the grounds on which the complaint was made apply in relation to the licensee, manager or close associate, the NICC 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 NICC 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 NICC 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 NICC 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 NICC thinks fit,

  • (k)

    disqualify the close associate from holding a licence for such period as the NICC 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 NICC 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 NICC 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 NICC 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 NICC thinks fit).

(4)

While a person is disqualified by the NICC 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 NICC 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 NICC takes any disciplinary action under this section against the licensee concerned).

(6)

If the NICC decides to take disciplinary action against any such interested person, the NICC 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 NICC when circumstances of aggravation exist,

  • (c)

    the NICC, 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 NICC when circumstances of aggravation exist.

142Procedure for implementing disciplinary action(1)

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

(2)

The notice must include the reasons for the NICC’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 NICC 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 NICC 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 NICC, 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 NICC.

143Requirement for legal member of NICC to be present

The NICC cannot determine any complaint made to it under this Part (including any decision to take any disciplinary action) unless a member of the NICC 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 NICC (or the committee of the NICC) 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.

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, 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.

(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 NICC as a person who may be appointed as the manager of licensed premises,

  • (n1), (n2)

    [not applied]

  • (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 NICC, 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,

  • (q1)

    [not applied]

  • (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 provisions157Delegation 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.

(1A)

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.

(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.

sch 6: Am 2021 (673), Sch 1[2] [3]; 2022 (782), Sch 1[12]–[15].

Schedule 7FeesPart 1Fees payable

Item

Type of fee

Fee (in fee units)

1

Fee to accompany controlled contract notice (section 37(1) of the Act)

25

2

Fee for application for special employee licence (section 46(1)(a) of the Act)—

  • (a)

    if the applicant is the holder of a licence granted under the law of another State or Territory that the NICC considers to be equivalent to a licence granted under section 52(4) of the Act

1

  • (b)

    in any other case

2.5

3

Fee for renewal of special employee licence (section 56(2) of the Act)

2.5

Part 2Adjustment of fees for inflation1Definitions

In this Part—

CPI number means the Consumer Price Index (All Groups Index) for Sydney published by the Australian Bureau of Statistics in the latest published series of that index.

financial year means a period of 12 months commencing on 1 July.

2Calculation of fee unit for purposes of Regulation(1)

For the purposes of this Regulation, a fee unit is—

  • (a)

    in the financial year 2019–20—$100, and

  • (b)

    in each subsequent financial year—the amount calculated as follows—

    where—

    A is the CPI number for the March quarter in the financial year immediately preceding the financial year for which the amount is calculated.

    B is the CPI number for the March quarter of 2019.

(2)

The amount of a fee unit is to be rounded to the nearest cent (and an amount of 0.5 cent is to be rounded down).

(3)

However, if the amount of a fee unit calculated for any financial year is less than the amount that applied for the previous financial year, then the amount for that previous financial year applies instead.

Editorial note.

Fee unit amount calculated under this clause—

Financial year

Fee unit amount

2020–21

$102.00

2021–22

$102.95

2023–24

$115.29

2024–25

$119.64

3Rounding of fee amounts

The amount of a fee calculated by reference to a fee unit is to be rounded to the nearest dollar (and an amount of 50 cents is to be rounded down).

4Notice of indexed fees(1)

As soon as practicable after the CPI number for the March quarter is first published by the Australian Statistician, the Secretary is required to—

  • (a)

    notify the Parliamentary Counsel of the amount of the fee unit for the next financial year so that notice of that amount can be published on the NSW legislation website, and

  • (b)

    give public notice on an appropriate government website of the actual amounts of the fees applying in each financial year resulting from the application of the amount of a fee unit calculated under this Part.

(2)

This Part operates to change an amount of a fee that is calculated by reference to a fee unit and that change is not dependent on the notification or other notice required by this clause.

sch 7: Am 2020 (18), Sch 1[3][4]; 2022 (782), Sch 1[1].

Schedule 8Penalty notice offences1Application of Schedule to Act and this Regulation(1)

For the purposes of section 168A of the Act—

  • (a)

    each offence created by a provision specified in this Schedule is an offence for which a penalty notice may be issued, and

  • (b)

    the amount payable for the penalty notice is the amount specified opposite the provision.

(2)

If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—

  • (a)

    that limited kind of offence, or

  • (b)

    an offence committed in those limited circumstances.

Column 1

Column 2

Provision

Penalty

Offences under the Act

Section 22C(1)

$5,500

Section 33(1)—

  • (a)

    for an individual

$1,100

  • (b)

    for a corporation

$11,000

Section 37(1)

$5,500

Section 42A(1)—

  • (a)

    for an individual

$1,100

  • (b)

    for a corporation

$11,000

Section 44(3)

$11,000

Section 47(5)—

  • (a)

    for a casino operator

$11,000

  • (b)

    otherwise

$1,100

Section 70(1AA)

$11,000

Section 70(1AB)

$1,100

Section 71(1)

$5,500

Section 72A(1)

$11,000

Section 73A(1)

$11,000

Section 76A(1) or (3)

$11,000

Section 82(4)

$5,500

Section 84(1)

$550

Section 84A

$5,500

Section 85(2)

  • (a)

    for the person for the time being in charge of the casino

$5,500

  • (b)

    for an agent of the casino operator

$5,500

  • (c)

    for a casino employee

$220

Section 86(2) or (3)

$220

Section 86A(3)

$5,500

Section 87(1)

$660

Section 87(2) or (3)

$550

Section 90(1)

$5,500

Section 93

$220

Section 94(1), (2) or (2A)

$11,000

Section 95(1)—

  • (a)

    for a casino operator

$11,000

  • (b)

    for a casino employee

$550

Section 97

$220

Section 124(4)

$22,000

Section 130A(2)

$5,500

Section 131A(1)

$11,000

Section 131A(3)—

  • (a)

    for an individual

$550

  • (b)

    for a corporation

$1,100

Section 163(1)

$11,000

Section 163(2)

$220

Offences under this Regulation

Clause 13(1)

$5,500

Clause 14(3)

$5,500

Clause 16(1)

$5,500

Clause 18(1)

$5,500

Clause 19(2)

$5,500

Clause 20(1)

$5,500

Clause 21(1)

$5,500

Clause 22(1)

$5,500

Clause 26

$5,500

Clause 27(1) or (2)—

  • (a)

    for a casino operator

$11,000

  • (b)

    otherwise

$1,100

Clause 27(5)

$11,000

Clause 27A(1)

$11,000

Clause 30(4)

$5,500

Clause 31(1)

$5,500

Clause 31B

$5,500

Clause 33(1) or (2)

$1,100

Clause 33(3)—

  • (a)

    if the staff member’s recognised RSA certification has expired, or

$550

  • (b)

    in any other case.

$1,100

Clause 34

$110

Clause 35(1)

$550

Clause 35(2)

$110

Clause 38(2)

$55

Clause 39(9)

$550

Clause 39(10)

$220

Clause 42(4)

$550

2Application of Schedule to applied provisions of Liquor Act 2007(1)

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 this Schedule is an offence for which a penalty notice may be issued, and

  • (b)

    the amount payable for the penalty notice is the amount specified opposite the provision.

(2)

If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—

  • (a)

    that limited kind of offence, or

  • (b)

    an offence committed in those limited circumstances.

Column 1

Column 2

Provision

Penalty

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

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

sch 8: Am 2022 No 36, Sch 2[28]–[34]; 2022 (782), Sch 1[16]–[22]; 2024 (374), Sch 1[34].

Historical notesTable of amending instruments

Casino Control Regulation 2019 (423). LW 30.8.2019. Date of commencement, 1.9.2019, cl 2. This Regulation has been amended as follows—

2020

(18)

Casino Control Amendment (Miscellaneous) Regulation 2020. LW 24.1.2020.

Date of commencement, on publication on LW, cl 2.

2021

(2)

Gambling Legislation Amendment Regulation 2021. LW 22.1.2021.

Date of commencement, on publication on LW, cl 2.

(673)

Casino Control Amendment (Crown Casino) Regulation 2021. LW 19.11.2021.

Date of commencement, on publication on LW, sec 2.

2022

No 26

Statute Law (Miscellaneous Provisions) Act 2022. Assented to 16.6.2022.

Date of commencement, assent, sec 2.

No 36

Casino Legislation Amendment Act 2022. Assented to 19.8.2022.

Date of commencement of Sch 2, 5.9.2022, sec 2(b).

No 59

Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022.

Date of commencement, 13.1.2023, sec 2.

(782)

Casino Control Amendment (Miscellaneous) Regulation 2022. LW 16.12.2022.

Date of commencement of Sch 1[1]–[16] and [18]–[22], on publication on LW, sec 2(b); date of commencement of Sch 1[17], 20.8.2024, sec 2(a).

2023

(668)

Casino Control Amendment Regulation 2023. LW 15.12.2023.

Date of commencement, on publication on LW, sec 2.

2024

(193)

Casino Control Amendment (Manager Appointment Extension) Regulation 2024. LW 7.6.2024.

Date of commencement, on publication on LW, sec 2.

(324)

Casino Control Amendment (Manager Appointment Extension) (No 2) Regulation 2024. LW 1.8.2024.

Date of commencement, on publication on LW, sec 2.

(374)

Casino Control Amendment Regulation 2024. LW 16.8.2024.

Date of commencement of Sch 1[1]–[22], [23] except to the extent it inserts cll 31J, 31K and 31O and [24]–[34], 19.8.2024, sec 2(b); Sch 1[23] to the extent it inserts cll 31J, 31K and 31O, 19.2.2025, sec 2(a).

2025

(137)

Casino Control Amendment (Manager Appointment Extension) Regulation 2025. LW 28.3.2025.

Date of commencement, on publication on LW, sec 2.

(498)

Casino Control Amendment (Manager Appointment Extension) Regulation (No 2) 2025. LW 19.9.2025.

Date of commencement, on publication on LW, sec 2.

Table of amendments

Cl 3

Am 2022 No 59, Sch 3.9; 2024 (374), Sch 1[1].

Part 2A

Ins 2022 No 36, Sch 2[1].

Cl 8A

Ins 2022 No 36, Sch 2[1].

Cl 8B

Ins 2022 (782), Sch 1[2]. Am 2024 (374), Sch 1[2]–[4].

Cl 9

Am 2022 (782), Sch 1[1].

Cl 11

Am 2022 (782), Sch 1[1].

Cl 12

Am 2020 (18), Sch 1[1]; 2022 No 36, Sch 2[2]; 2022 (782), Sch 1[1].

Part 4, Div 1

Subst 2024 (374), Sch 1[5].

Cl 13

Subst 2024 (374), Sch 1[5].

Cl 14

Rep 2022 No 36, Sch 2[3]. Ins 2024 (374), Sch 1[5].

Part 4, Div 2

Rep 2024 (374), Sch 1[5].

Cl 15

Am 2022 No 36, Sch 2[4]. Rep 2024 (374), Sch 1[5].

Part 4, Div 3, heading

Am 2024 (374), Sch 1[6].

Cl 16

Am 2021 (2), Sch 1.2[1][2]; 2022 No 36, Sch 2[5].

Cl 17

Am 2021 (2), Sch 1.2[2].

Cl 18

Am 2021 (2), Sch 1.2[1][2]; 2022 No 36, Sch 2[6].

Cl 19

Am 2021 (2), Sch 1.2[1]–[3]; 2022 No 36, Sch 2[7].

Cl 20

Am 2021 (2), Sch 1.2[1][2][4]–[6]; 2022 No 36, Sch 2[8].

Cl 21

Am 2021 (2), Sch 1.2[1][2]; 2022 No 36, Sch 2[9].

Cl 22

Am 2021 (2), Sch 1.2[1][2]; 2022 No 36, Sch 2[10].

Cl 22A

Ins 2022 No 36, Sch 2[11]. Rep 2024 (374), Sch 1[7].

Cl 23

Am 2022 No 36, Sch 2[12]. Rep 2024 (374), Sch 1[7].

Cl 24

Rep 2024 (374), Sch 1[7].

Cl 25

Am 2022 No 36, Sch 2[13]. Rep 2024 (374), Sch 1[7].

Cl 25A

Ins 2022 No 36, Sch 2[14]. Rep 2024 (374), Sch 1[7].

Cl 25B

Ins 2022 (782), Sch 1[3].

Cl 26

Am 2022 No 36, Sch 2[15]; 2022 (782), Sch 1[1].

Part 4, Div 4, heading

Am 2024 (374), Sch 1[8].

Cl 27

Am 2021 (2), Sch 1.2[7]; 2022 No 36, Sch 2[16] [17]; 2024 (374), Sch 1[9]–[11].

Cl 27A

Ins 2024 (374), Sch 1[12].

Cl 28

Am 2024 (374), Sch 1[13]–[18].

Cl 29

Am 2022 No 36, Sch 2[18]. Subst 2024 (374), Sch 1[19].

Part 4, Div 5, heading

Am 2024 (374), Sch 1[20].

Cl 30

Am 2022 No 36, Sch 2[19]; 2024 (374), Sch 1[21].

Cl 31

Am 2021 (2), Sch 1.2[2]; 2022 No 36, Sch 2[20].

Part 4, Div 6

Ins 2024 (374), Sch 1[22].

Cl 31A

Ins 2024 (374), Sch 1[22].

Cl 31B

Ins 2024 (374), Sch 1[22].

Part 4A

Ins 2024 (374), Sch 1[23].

Part 4A, Div 1

Ins 2024 (374), Sch 1[23].

Cl 31C

Ins 2024 (374), Sch 1[23].

Cl 31D

Ins 2024 (374), Sch 1[23].

Part 4A, Div 2

Ins 2024 (374), Sch 1[23].

Cl 31E

Ins 2024 (374), Sch 1[23].

Cl 31F

Ins 2024 (374), Sch 1[23].

Part 4A, Div 3

Ins 2024 (374), Sch 1[23].

Cl 31G

Ins 2024 (374), Sch 1[23].

Cl 31H

Ins 2024 (374), Sch 1[23].

Part 4A, Div 4

Ins 2024 (374), Sch 1[23].

Cl 31I

Ins 2024 (374), Sch 1[23].

Cl 31J

Ins 2024 (374), Sch 1[23].

Cl 31K

Ins 2024 (374), Sch 1[23].

Cl 31L

Ins 2024 (374), Sch 1[23].

Part 4A, Div 5

Ins 2024 (374), Sch 1[23].

Cl 31M

Ins 2024 (374), Sch 1[23].

Cl 31N

Ins 2024 (374), Sch 1[23].

Cl 31O

Ins 2024 (374), Sch 1[23].

Part 4A, Div 6

Ins 2024 (374), Sch 1[23].

Cl 31P

Ins 2024 (374), Sch 1[23].

Cl 31Q

Ins 2024 (374), Sch 1[23].

Part 4A, Div 7

Ins 2024 (374), Sch 1[23].

Cl 31R

Ins 2024 (374), Sch 1[23].

Cl 31S

Ins 2024 (374), Sch 1[23].

Cl 31T

Ins 2024 (374), Sch 1[23].

Cl 31U

Ins 2024 (374), Sch 1[23].

Cl 32

Am 2020 (18), Sch 1[2].

Cl 39

Am 2022 (782), Sch 1[1].

Cl 44

Am 2022 (782), Sch 1[1].

Cl 45

Subst 2021 (673), Sch 1[1]. Am 2022 No 26, Sch 2.3.

Cl 45A

Ins 2022 (782), Sch 1[4].

Cl 48

Am 2024 (374), Sch 1[24] [25].

Cl 48A

Ins 2022 (782), Sch 1[5]. Am 2023 (668), Sch 1; 2024 (193), Sch 1; 2024 (324), Sch 1; 2025 (137), Sch 1; 2025 (498), Sch 1.

Cl 51

Am 2022 No 36, Sch 2[21]–[23]; 2022 (782), Sch 1[1].

Part 7, heading

Ins 2022 (782), Sch 1[6].

Cl 53

Ins 2021 (2), Sch 1.2[8].

Cl 54

Ins 2022 (782), Sch 1[7].

Sch 1

Am 2022 No 36, Sch 2[24]; 2022 (782), Sch 1[8]; 2024 (374), Sch 1[26]–[30].

Sch 2

Am 2022 (782), Sch 1[9]; 2024 (374), Sch 1[27] [28] [31]–[33].

Sch 3

Am 2022 No 36, Sch 2[25] [26].

Sch 4

Am 2022 No 36, Sch 2[27]; 2022 (782), Sch 1[10] [11].

Sch 6

Am 2021 (673), Sch 1[2] [3]; 2022 (782), Sch 1[12]–[15].

Sch 7

Am 2020 (18), Sch 1[3][4]; 2022 (782), Sch 1[1].

Sch 8

Am 2022 No 36, Sch 2[28]–[34]; 2022 (782), Sch 1[16]–[22]; 2024 (374), Sch 1[34].

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