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Casino Control Ordinance 1988 (CI)

No. 4 of 1988 Ordinances/Christmas Island as amended, taking into account amendments up to Ordinance No. 1 of 2003
Administered by: DOTARS
Registered 31 May 2010
Start Date 27 Mar 2003
End Date 23 Aug 2005
Date of repeal 23 Aug 2005
Repealed by Casino Legislation Ordinance 2005 (No. 1) (CI)

Territory of Christmas Island

Casino Control Ordinance 1988

Ordinance No. 4 of 1988 as amended

made under the

This compilation was prepared on 27 March 2003
taking into account amendments up to Ordinance No. 1 of 2003

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra


Contents

Part I                     Preliminary

                        1     Short title [see Note 1]                                                     7

                        2     Interpretation                                                                   7

Part II                    Administration and enforcement

                        3     Lawfulness of casino operation                                        13

                        4     Casino Controller and Deputy Casino Controllers              13

                        5     Inspectors                                                                     15

                        6     Identification cards of inspectors                                      15

                        7     Rights of inspectors on casino premises                          16

                        8     Power of inspectors                                                        16

                        9     Search and seizure by inspectors                                    17

                       10     Police entry                                                                   20

                       11     Search and seizure in emergency                                    20

                       12     Disposal of things seized                                                22

                       13     Forfeiture                                                                       22

                       14     Compliance with requirement of inspector                         23

                       15     Exclusion from casino                                                    23

                       16     Revocation of notice under subsection 15 (1)                    24

                       17     List of names of proscribed persons                                 25

                       18     False information                                                           25

                       19     Failure to give information or document                            26

                       20     Conflict of interest                                                          26

                       21     Bribery                                                                          28

                       22     Conduct of directors, servants or agents                           29

                       23     Investigations at the instance of the Casino Controller       30

                       24     Investigations at the instance of the Minister                     31

                    24A     Recovery of costs of certain investigations                        32

                       25     Secrecy                                                                        34

                       26     Self incrimination                                                           35

                       27     Offence against secrecy provision triable before the Supreme Court     35

                       28     Personation                                                                   36

                       29     Obstructing authorised and other persons                        36

Part III                   Casino Surveillance Authority

                       30     Establishment                                                               37

                       31     Object                                                                           37

                       32     Functions and powers                                                    37

                       33     Membership                                                                  38

                       34     Remuneration and allowances                                         39

                       35     Leave of absence                                                           39

                       36     Resignation                                                                   40

                       37     Disclosure of interests                                                    40

                       38     Termination of appointment                                             40

                       39     Acting appointments                                                      41

                       40     Meetings                                                                       42

                       41     Recommendations to the Minister                                   42

                       42     Annual report                                                                 42

                       43     Directions of the Minister on matters of policy                   43

                       44     Delegation                                                                     43

Part IV                  Forgery and use of forged documents

                       45     Application of this Part                                                   45

                       46     Interpretation of this Part                                                 45

                       47     Forgery and use of forged documents                              47

                       48     Possession of false document                                         47

                       49     Possession of machine etc                                             48

                       50     Penalties                                                                       48

                       51     General allegation of intent sufficient                                48

Part V                   Agreement and casino licence

                       52     Agreement                                                                    49

                       53     Grant of casino licence                                                   49

                       54     Refusal of casino licence                                                50

                       55     Suitability of casino licensee and of parties to the Agreement  50

                    55A     Casino licensee to give notice of certain changes              51

                       56     Duration of casino licence                                               54

                       57     Surrender of casino licence                                             54

                       58     Suspension or cancellation of casino licence                    54

                    58A     Appointment of administrator                                           57

                       59     Assignment of casino licence                                          59

                       60     Casino licence fee                                                          60

Part VI                  Lease of project, or casino, and Casino Operation Agreement

                       61     Lease of project or casino                                               61

                       62     Casino operation agreement                                            62

                       63     Suitability of lessee or operator                                       62

                  63AA     Project lessee or casino lessee to give notice of certain changes        64

                    63A     Casino operator to give notice of certain changes              66

                       64     Variation of casino lease or casino operation agreement    68

                    64A     Appointment of administrator                                           69

                    64B     Revocation of casino operation agreement                        71

Part VII                 Prescribed contracts

                       65     Prescribed contracts                                                      74

                       66     Termination of prescribed contracts                                 74

                       67     Effect of termination                                                       76

Part VIII                Operation of casino

                       68     Maintenance of facilities etc                                            77

                       69     Approval of location and layout                                        77

                       70     Variation of location or layout                                          78

                       71     Entry control                                                                  79

                       72     Casino operator not to admit certain persons                    81

                       73     Operating times                                                             82

                       74     Operating times: variation                                               82

                       75     Authorised games and rules                                            83

                       76     Approved games                                                            84

                       77     Gaming equipment and chips                                          85

                       78     Conduct of gaming                                                         85

                       79     Gaming by certain persons prohibited                              86

                       80     Cheating                                                                       87

                       81     Detention of suspected person                                        88

                       82     Restriction on credit                                                       88

                       83     Cheques                                                                       89

                       84     Redemption of cheques                                                  91

                       85     Credit cards                                                                   91

                       86     Proceedings etc in relation to gaming                              91

Part IX                  Accounting

                       87     Banking                                                                        93

                       88     Proper accounts, records and accounting system             94

                       89     Accounts and annual report                                            94

                       90     Audit                                                                             95

                       91     Retention of records                                                       95

Part X                   Casino employees’ licences

                       92     Key employees                                                              96

                       93     Operations employees                                                    97

                       94     Casino employees’ licences                                            98

                       95     Application for casino employee’s licence                        98

                       96     Finger prints and photograph to be destroyed in some circumstances  99

                       97     Change in particulars set out in an application for casino employee’s licence    99

                       98     Authority may require further information                          99

                       99     Issue of casino employee’s licence                                100

                     100     Conditions of casino employee’s licence                        101

                     101     Provisional casino employee’s licence                            101

                     102     Duration of a casino employee’s licence other than a provisional licence          102

                     103     Variation of casino employee’s licence                           103

                     104     Loss etc of casino employee’s licence                           104

                     105     Suspension or cancellation of casino employee’s licence 104

                     106     Termination of work on suspension or cancellation of casino employee’s licence           106

                     107     Information relating to casino employees                        106

Part XI                  Miscellaneous

                     108     Directions for management etc                                      109

                     109     Annual report                                                               109

                     110     Service of notices                                                         110

                     111     Evidence                                                                     110

                     112     Appeals against some decisions                                   111

                     113     Tabling of Minister’s decisions                                       114

                   113A     Tabling and disallowance of forms                                  114

                     114     Jurisdiction of the Court                                                114

                     115     The original Agreement not affected                               115

                     116     Regulations                                                                 115

Notes                                                                                                        117

 

 

 


An Ordinance to provide for the control of a casino in the Territory

 

Part I                  Preliminary

  

1              Short title [see Note 1]

                This Ordinance may be cited as the Casino Control Ordinance 1988.

2              Interpretation

         (1)   In this Ordinance, unless the contrary intention appears:

approved game means a game declared under section 76 to be an approved game for the purposes of paragraph 79 (2) (a).

associate, in relation to a corporation, has the same meaning as in section 6 of the Foreign Acquisitions and Takeovers Act 1975.

authorised game means a game declared under section 75 to be an authorised game for the purposes of this Ordinance.

authorised person means:

                (a)    a member of the Authority;

               (b)    the Casino Controller;

                (c)    a Deputy Casino Controller;

               (d)    an inspector;

                (e)    the Commissioner of Police acting under this Ordinance;

                (f)    a police officer acting under this Ordinance;

                (g)    a person mentioned in subparagraph 23 (1) (b); or

                (h)    any other person who under, or in relation to, this Ordinance exercises a power or performs a function on behalf of the Commonwealth other than a person referred to in subparagraph 8 (1) (f) (iii) or paragraph 71 (6) (b) or (c).

Authority means the Casino Surveillance Authority established by section 30.

casino means the premises designated by the Minister, by notice published in the Gazette, for the operation of the casino mentioned in clause 28 of the Agreement.

Casino Controller means the person appointed under subsection 4 (1) to be the Casino Controller.

casino employee means a person who works in relation to the operation of the casino and includes a key employee and an operations employee.

casino lease means a lease in writing under which the developer or casino licensee leases the casino to a person, being a lease approved by the Minister under section 61.

casino lessee means a lessee under a casino lease.

casino licence means a licence granted under section 53.

casino licence fee means the casino licence fee mentioned in clause 30 of the Agreement.

casino licensee means a person who holds a casino licence.

casino operation agreement means an agreement or arrangement under section 62.

casino operator means a person who operates a casino under:

                (a)    a casino operation agreement; or

               (b)    an instrument of appointment made by the Minister under subsection 58A (1) or 64A (1); or

                (c)    an instrument of appointment made by an administrator under subparagraph 58A (6) (b) (ii) or 64A (5) (a) (ii).

Chairperson means Chairperson of the Authority.

chip purchase voucher means a voucher that authorises chips of a specified total face value to be issued to a specified patron of the casino.

chips means any tokens used, suitable for use, or proposed to be used, instead of money for gaming.

credit card means any card, document or token of a kind commonly known as a credit card, or any similar article, intended for use in obtaining cash, goods or services on credit, and includes any card, document or token of a kind commonly issued by persons carrying on a business to customers or prospective customers of those persons for use in obtaining cash, goods or services from those persons on credit.

credit card transaction means a transaction by which a person obtains cash, goods or services on credit by using a credit card.

debit card means a card, document or token intended for use by a person in obtaining access to an account held by the person for the purposes of withdrawing or depositing cash or obtaining goods or services, but does not include a credit card.

Deputy Casino Controller means a person appointed under subsection 4 (2) to be a Deputy Casino Controller.

developer has the same meaning as in the Agreement.

development site means the development site mentioned in clause 10 of the Agreement.

entry control, in relation to the casino, means surveillance at each public entrance to the casino to ascertain the suitability under this Ordinance of intending patrons of the casino.

game means a game of chance or a game that is partly a game of chance and partly a game requiring skill.

gaming means the playing of a game.

gaming equipment means any electrical, electronic or mechanical device or any other device or thing (other than chips) used, suitable for use or proposed to be used for gaming.

inspector means a person appointed under subsection 5 (1).

instrument means instrument in writing.

key employee means a person who works in or outside the Territory in relation to the operation of the casino in a managerial capacity.

key employee’s licence means a key employee’s licence in force under subsection 99 (1).

law enforcement agency includes the Australian Federal Police, the National Crime Authority and the police force of the Territory.

lessee means the lessee within the meaning of clause 10 of the Agreement, an assignee, lessee or sublessee of the lease of the development site, a casino lessee or a project lessee and includes a successor to a lessee as so defined.

manager means the manger referred to in clause 5 of the Agreement or any other person who has under that clause the consent in writing of the Commonwealth to manage the project.

member means a member of the Authority.

notice means notice in writing.

officer, in relation to a corporation, has the same meaning as in the Companies Act 1981.

operation, in relation to the casino, means:

                (a)    the conduct of gaming in the casino;

               (b)    the management, supervision and surveillance of the conduct of gaming in the casino;

                (c)    money counting in relation to the casino;

               (d)    accounting in relation to the casino;

                (e)    the provision of facilities for banking, buying, selling, lending, eating, drinking or entertainment in the casino;

                (f)    the provision of any other facilities or services in the casino;

                (g)    advertising in relation to the casino;

                (h)    the use of storage areas in the casino; or

                 (i)    any other activities incidental to, or connected with, gaming or any other facilities, or services, provided in the casino.

operations employee means a person who works in or outside the Territory in relation to the operation of the casino, other than:

                (a)    a key employee;

               (b)    a person included in a class of persons determined by the Casino Controller, by instrument published in the Gazette, not to be operations employees; or

                (c)    a particular person determined by the Casino Controller, by instrument published in the Gazette, not to be an operations employee.

operations employee’s licence means an operations employee’s licence in force under subsection 99 (1).

permanent resident means a natural person:

                (a)    who is not an Australian citizen;

               (b)    whose normal place of residence is in Australia or the Territory;

                (c)    whose presence in Australia or the Territory is not subject to any limitation as to time imposed by law;

               (d)    who is not a prohibited non-citizen within the meaning of the Migration Act 1958.

personal cheque form means a cheque taken from a book of cheques issued by a bank and printed or stamped with the name of the drawer.

premises includes any place, in, on or above land or waters, whether enclosed or built upon or not, or any building, structure, aircraft, vehicle or vessel.

prescribed contract means:

                (a)    a contract relating to the supply of goods or services to the casino that provides for the payment, or receipt, by a party to the contract of an amount that exceeds, or amounts that together exceed, such amount (if any) as the Minister, for the purposes of this definition, determines by notice published in the Gazette; or

               (b)    a contract included in a class of contracts prescribed for the purposes of this paragraph;

not being:

                (c)    the casino operation agreement;

               (d)    a casino lease;

                (e)    a contract relating to the construction of the casino; or

                (f)    a contract included in a class of contracts prescribed for the purposes of this paragraph.

project means the resort hotel, with a casino, referred to in clause 9 of the Agreement.

project lease means a lease in writing under which the developer leases the project to another person, being a lease approved under section 61.

project lessee means the lessee under a project lease.

proscribed person means a person specified in a notice under subsection 15 (1) that is in force.

provisional key employee’s licence means a provisional key employee’s licence in force under section 101.

provisional operations employee’s licence means a provisional operations employee’s licence in force under section 101.

record means any book, account, computer record, document or other source of information of any description (however compiled, recorded or stored) that concerns the operation of the casino or is otherwise relevant to the administration of this Ordinance.

the Agreement means the original Agreement as varied from time to time under clause 44 of the original Agreement and this Ordinance.

the Court means the Magistrate’s Court.

the original Agreement means the Agreement entered into between the Commonwealth and Christmas Island Casino Resort Pty. Ltd., Francis Philip Woodmore, F. P. Woodmore Pty. Ltd. and Selected Equities Limited dated 4 June 1987.

this Ordinance includes any regulations under this Ordinance.

Trust means the trust mentioned in clause 4 of the Agreement.

         (2)   For the purposes of the application of section 18A of the Acts Interpretation Act 1901 to this Ordinance by virtue of section 6 of the Interpretation Ordinance 1958, manager within the meaning of subsection (1) shall not be taken to be a grammatical form of manage.

         (3)   For the purposes of subsection 59 (6), corporations are related to each other if under subsection 7 (5) of the Companies Act 1981 they would be deemed to be so related for the purposes of that Act.


 

Part II                 Administration and enforcement

  

3              Lawfulness of casino operation

         (1)   This section applies only while a casino licence is in force in respect of the casino.

Note   See subsection 58A (4) for the application of section 3 if an administrator is appointed for the purposes of section 58A.

         (2)   Despite any other law in force in the Territory, it is lawful:

                (a)    for the casino operator or a casino employee to conduct an authorised game;

               (b)    for a person to play an authorised game; or

                (c)    for a person to use gaming equipment or chips in the conduct and playing of an authorised game;

in the casino in accordance with this Ordinance.

         (3)   The casino shall not be taken to be a public or private nuisance by reason only that it is used as a gaming house.

         (4)   The Betting Ordinance and the Common Gaming Houses Ordinance do not apply in relation to an authorised game played in the casino in accordance with this Ordinance.

         (5)   This section does not operate to enable an action to be brought in a court to recover:

                (a)    money won in the course of gaming in the casino;

               (b)    a cheque or other instrument given in payment of money so won; or

                (c)    money that was lent in the knowledge that it would be wagered in the course of gaming in the casino;

unless the money was won from, or wagered with, as the case may be, the casino operator.

4              Casino Controller and Deputy Casino Controllers

         (1)   The Minister shall, by instrument, appoint a Casino Controller.

      (1A)   The Minister is not to appoint a person to be the Casino Controller unless the person:

                (a)    has extensive experience in, and knowledge of, gaming operations and methods of surveillance and regulation of casinos; and

               (b)    has experience in the management of a business enterprise or in public administration; and

                (c)    has the capacity to engage in enforcement of the provisions of this Ordinance; and

               (d)    is reasonably believed by the Commissioner of Police to be a fit and proper person to be the Casino Controller; and

                (e)    is an Australian citizen.

         (2)   The Minister may, by instrument, appoint one or more Deputy Casino Controllers.

      (2A)   The Minister is not to appoint a person to be a Deputy Casino Controller unless the person:

                (a)    has experience in, and knowledge of, gaming operations and methods of surveillance and regulation of casinos; and

               (b)    has the capacity to engage in enforcement of the provisions of this Ordinance; and

                (c)    is reasonably believed by the Commissioner of Police to be a fit and proper person to be a Deputy Casino Controller; and

               (d)    is an Australian citizen.

         (3)   Unless the Minister by instrument directs otherwise, a Deputy Casino Controller may perform all the functions of the Casino Controller.

         (4)   Notice of an appointment under subsection (1) or (2) shall be published in the Gazette as soon as practicable after that appointment.

         (5)   The functions of the Casino Controller are:

                (a)    to supervise the operation of the casino;

               (b)    to direct the activities of the inspectors;

                (c)    to advise the Authority with regard to matters concerning the functions of the Authority; and

               (d)    to assist the Authority in the performance of its functions.

         (6)   The Casino Controller also has the functions conferred on him or her:

                (a)    by or under any other provision of this Ordinance;

               (b)    by the Minister by instrument; or

                (c)    with regard to a matter concerning the functions of the Authority — by the Authority by instrument.

         (7)   The Casino Controller has:

                (a)    power to do all things necessary or convenient to be done in relation to the performance of his or her functions; and

               (b)    the powers of an inspector.

5              Inspectors

         (1)   The Casino Controller may appoint any person to be an inspector for the purposes of this Ordinance.

      (1A)   The Casino Controller is not to appoint a person to be an inspector unless the person:

                (a)    has knowledge of gaming operations and methods of surveillance and regulation of casinos; and

               (b)    is reasonably believed by the Commissioner of Police to be fit and proper person to be an inspector; and

                (c)    is an Australian citizen.

         (2)   An inspector has the functions conferred on him or her by or under this Ordinance or by the Casino Controller by instrument.

6              Identification cards of inspectors

         (1)   The Casino Controller shall issue to each inspector an identification card in a form approved by the Casino Controller:

                (a)    signed by the Casino Controller;

               (b)    identifying as an inspector the person to whom it is issued;

                (c)    containing a recent photograph of the inspector;

               (d)    containing any other prescribed particulars; and

                (e)    signed by the inspector.

         (2)   A person who ceases to be an inspector shall return his or her identity card to the Casino Controller as soon as practicable.

Penalty:   a fine not exceeding $100.

         (3)   An inspector who enters the casino in the performance of his or her functions otherwise than in the execution of a warrant under section 9 is not authorised to remain in the casino if, on request by a casino employee, the inspector does not produce the identification card issued to him or her under this section.

7              Rights of inspectors on casino premises

                Subject to subsection 6 (3), an inspector may at any time enter and be in the casino for the purposes of:

                (a)    observing any of the operations of the casino;

               (b)    ascertaining whether the operation of the casino is being properly conducted, supervised or managed;

                (c)    ascertaining whether the provisions of this Ordinance and the Agreement are being complied with; or

               (d)    performing his or her functions in any other respect.

8              Power of inspectors

         (1)   An inspector may, in the performance of his or her functions:

                (a)    require a person whom the inspector believes, on reasonable grounds, to have in his or her possession or under his or her control any gaming equipment or chips:

                          (i)    to produce specified equipment or chips to the inspector at a reasonable time and place for inspection or testing; or

                         (ii)    to attend before the inspector at a reasonable time and place to answer any questions, or supply any information, with respect to the equipment or chips;

               (b)    require a person who is associated with the management or operation of the casino, is a casino lessee, the casino licensee, the casino operator, the developer, the manager, any project lessee or another person authorised in writing by that person or who is a casino employee to attend before him or her at a reasonable time and place to answer any question, supply any information, or produce any specified records, any records of a specified kind or all records with respect to the management or operation of the casino;

                (c)    inspect or test such gaming equipment, chips or records, and take copies of, or make notes in relation to, such records, as he or she considers necessary;

               (d)    require the casino operator not to use any gaming equipment or chips that the inspector considers to be unsatisfactory for use;

                (e)    investigate complaints concerning the operation of the casino; or

                (f)    call to his or her assistance:

                          (i)    another inspector;

                         (ii)    where he or she is obstructed, or believes on reasonable grounds that he or she will be obstructed, in the performance of his or her functions — a police officer; or

                         (iii)    a casino employee who, in the belief of the inspector, is competent and willing to assist him or her in the performance of his or her functions.

         (2)   A requirement under paragraph (1) (a), (b) or (d) may be made to a person:

                (a)    by notice; or

               (b)    where, in the opinion of an inspector, it is necessary and reasonable to do so because the circumstances are so serious and urgent that it would be impracticable to make the requirement in writing — orally.

9              Search and seizure by inspectors

         (1)   In this section, offence means:

                (a)    any act or omission which constitutes an offence against this Ordinance; or

               (b)    an act or omission that is punishable under the Penal Code as an offence of:

                          (i)    aiding and abetting the commission of;

                         (ii)    attempting to commit;

                         (iii)    inciting or urging to commit;

                        (iv)    conspiring to commit; or

                         (v)    being an accessory after the fact to the commission of;

an offence under this Ordinance.

         (2)   For the purposes of this section, a thing is connected with an offence if:

                (a)    it is a thing with respect to which the offence has been committed;

               (b)    it will afford evidence of the commission of the offence; or

                (c)    it was used, or is or was intended to be used, for the purposes of committing the offence.

         (3)   An inspector may:

                (a)    search a person, the clothing worn by a person or property in, or apparently in, the immediate control of a person;

               (b)    enter upon or into, and search, any premises; and

                (c)    seize any thing that is found in the course of a search referred to in paragraph (a) or (b) and that he or she believes on reasonable grounds to be connected with an offence;

after obtaining from the person to be searched, or the person occupying, or in charge of, the premises, as the case requires, consent to the search or entry.

         (4)   Where an inspector seeks to obtain the consent of a person for the purposes of subsection (3), the inspector shall:

                (a)    inform the person that he or she may refuse to give that consent; and

               (b)    ask the person to sign an acknowledgment:

                          (i)    of having been informed that he or she may refuse to give that consent;

                         (ii)    that he or she has voluntarily given that consent; and

                         (iii)    that sets out the date on which, and the time at which, he or she gave that consent.

      (4A)   Where it is material, in any proceedings, for a court to be satisfied that a person has consented for the purposes of subsection (3) and an acknowledgment, in accordance with paragraph (4) (b) and signed by the person, is not produced in evidence, it is to be presumed that the person did not consent unless the contrary is established.

         (5)   Where an information on oath laid before a magistrate alleges that there are reasonable grounds for suspecting that a thing, or things, connected with an offence:

                (a)    may be concealed on a person, in the clothing worn by a person or in property in, or apparently in, the immediate control of a person; or

               (b)    may be, at that time or within the following 72 hours, upon or in any premises;

and sets out those grounds, the magistrate may issue a warrant authorising an inspector named in the warrant, with such assistance, and such force, as is necessary and reasonable:

                (c)    to search that person for that thing or those things;

               (d)    to enter upon or into those premises and search those premises for that thing or those things; and

                (e)    to seize any thing found as the result of the search that the inspector believes, on reasonable grounds, to be connected with that offence.

         (6)   A magistrate shall not issue a warrant under subsection (5) unless he or she is satisfied that there are reasonable grounds for issuing the warrant.

         (7)   A search under this section of a person or the clothing that a person is wearing shall be conducted by:

                (a)    an inspector of the same sex as the person; or

               (b)    in a case where an inspector of the same sex as the person is not available to conduct the search — another authorised person who is of the same sex, is requested by an inspector to conduct the search and is willing to conduct the search.

         (8)   An action or proceeding, whether civil or criminal, does not lie against a person who, at the request if an inspector, conducts a search under this section if the person acts in good faith and does not contravene subsection (9).

         (9)   An inspector or other person who conducts a search under this section shall not use more force, or subject a person to greater indignity, than is necessary and reasonable in order to conduct the search.

       (10)   Nothing in this section shall be taken to authorise a person to carry out a search by way of an examination of a body cavity of a person.

10            Police entry

         (1)   A police officer:

                (a)    who is of, or above, the rank of sergeant; or

               (b)    who is authorised for the purpose by a police officer of, or above, the rank of sergeant;

                may at any time enter, and be in, any part of the casino.

         (2)   Subsection (1) shall not be taken to affect the power of a police officer under any other law in force in the Territory to enter, or be in, the casino.

11            Search and seizure in emergency

         (1)   Where a police officer or an inspector suspects, on reasonable grounds, that a particular thing is, for the purposes of section 9, connected with a particular offence within the meaning of subsection 9 (1), the police officer or inspector may search a person or enter premises and search for the thing and, if the thing is found in the search, seize it.

         (2)   A police officer or inspector shall not exercise a power under subsection (1) in relation to a thing unless:

                (a)    the police officer or inspector believes, on reasonable grounds, that it is necessary to use the power in order to prevent the concealment, loss or destruction of the thing; and

               (b)    the circumstances are so serious and urgent that they require the immediate exercise of the power without the authorisation of a court under this Ordinance.

         (3)   If, in the course of searching, in accordance with subsection (1), for a thing connected with a particular offence, a police officer or an inspector finds:

                (a)    a thing that the police officer or inspector believes, on reasonable grounds, to be a thing connected with another offence within the meaning of subsection 9 (1); or

               (b)    any thing that the police officer or inspector believes, on reasonable grounds will afford evidence as to the commission of another offence within the meaning of subsection 9 (1);

and the police officer or inspector believes, on reasonable grounds that it is necessary to seize that thing in order to prevent its concealment, loss or destruction or its use in committing, continuing or repeating the offence or the other offence, the police officer or inspector may seize the thing.

         (4)   Where a police officer or inspector may search a person under this section, the police officer or inspector may also search:

                (a)    the clothing that is being worn by the person; and

               (b)    any property in or apparently in the person’s immediate control.

         (5)   In conducting a search under this section on a person a police officer or inspector shall not use more force, or subject a person to greater indignity, than is reasonable and necessary to conduct the search.

         (6)   A person shall not be searched under this section unless by a police officer or inspector of the same sex.

         (7)   Nothing in this section shall be taken to authorise a person to carry out a search by way of an examination of a body cavity of a person.

         (8)   A power conferred on an inspector by this section may be exercised only in the casino.

12            Disposal of things seized

         (1)   Where a thing that is for the purposes of section 9 connected with an offence is seized under section 9 or 11:

                (a)    if a person is not charged, within a period of 60 days after the seizure, with an offence against a provision of this Ordinance in relation to that thing, the Casino Controller shall arrange for the thing to be returned to the person from whom it was seized, or to the person occupying or in charge of the premises on or in which the thing was found, as the case requires;

               (b)    if a person charged with an offence mentioned in paragraph (a) is not convicted of the offence, the Casino Controller shall arrange for the thing to be returned to the person from whom it was seized, or to the person occupying or in charge of the premises on or in which the thing was found, as the case requires; or

                (c)    if a person is convicted of an offence referred to in paragraph (a), the court that convicted the person of the offence may order:

                          (i)    that the thing be returned to the person from whom it was seized, or to the person occupying or in charge of the premises on or in which the thing was found, as the case requires; or

                         (ii)    that the thing be condemned.

         (2)   Things condemned by a court under subparagraph (1) (c) (ii) shall be dealt with as directed by the Attorney-General and, pending his or her direction, may be detained in such custody as the court directs.

         (3)   This section does not apply to anything to which the Proceeds of Crime Act 1987 applies.

13            Forfeiture

         (1)   Any bogus or counterfeit chips, any marked, loaded or tampered with cards or dice, or any device or thing that permits or facilitates cheating in relation to the operation of the casino are forfeited to the Commonwealth.

         (2)   A police officer may, without warrant, seize anything which is forfeited, or which he or she has reasonable grounds for believing is forfeited, under this Ordinance and take that thing before the Court.

         (3)   Where anything is brought before the Court under subsection (2), the Court may, subject to the giving of such notice (if any) to such person (if any) as the Court directs, order that the thing be condemned or delivered to such person as the Court is satisfied is entitled to the thing.

         (4)   Where a prosecution is pending in relation to a thing, the Court shall not make an order under subsection (3) in relation to the thing until the prosecution is determined.

         (5)   Things condemned under subsection (3) shall be dealt with as directed by the Attorney-General and, pending his or her direction, may be kept in such custody as the Court directs.

14            Compliance with requirement of inspector

                A person shall not, without reasonable excuse, contravene a requirement made of him or her, or direction given to him or her, under this Ordinance by an inspector or a person mentioned in subparagraph 8 (1) (f) (iii) or paragraph 9 (7) (b) or 71 (6) (b) or (c).

Penalty:   a fine not exceeding $1,000 or imprisonment for a period not exceeding 6 months, or both.

15            Exclusion from casino

         (1)   Subject to subsection (2), the Commissioner of Police may, by notice, direct the casino operator to exclude from the casino a person specified in the notice.

         (2)   A direction to exclude a person from the casino shall not be given unless the Commissioner believes, on reasonable grounds, that the person has been engaged, or has been associated with persons who have been engaged, at any time, in the Territory or elsewhere, in swindling, cheating or any malpractice in gaming.

         (3)   The Commissioner of Police shall cause a copy of a notice mentioned in subsection (1) to be served on the person specified in the notice together with a brief statement of the grounds for the direction.

         (4)   Where a notice is given under subsection (1) to the casino operator, the Commissioner of Police shall, if practicable, make available to the casino operator a photograph or description, or both, of the person specified in the notice.

         (5)   The casino operator shall not, without reasonable excuse, contravene a direction in force under subsection (1).

Penalty:   

                (a)    if the offender is a body corporate — a fine not exceeding $25,000; or

               (b)    if the offender is a natural person — a fine not exceeding $5,000.

         (6)   It is a reasonable excuse for a contravention by a casino operator of a direction to exclude a person from the casino that a photograph or description of the person has not been made available to that casino operator.

         (7)   A proscribed person shall not, without reasonable excuse, enter, or be in, the casino during the hours of operation of the casino.

Penalty:   a fine not exceeding $2,000.

16            Revocation of notice under subsection 15 (1)

         (1)   Where a direction under subsection 15 (1) to exclude a person from the casino has been in force for 12 months, the person may apply to the Commissioner of Police, in a form approved by the Commissioner, for revocation of the direction.

         (2)   An application for a direction under subsection (1) shall set out the reasons why the applicant considers that the direction should be revoked and such other information, that is relevant to the direction, concerning the applicant, and the associates of the applicant, that the form of application requires to be set out.

         (3)   The Commissioner of Police shall not revoke a direction under subsection 15 (1) to exclude a person from the casino unless satisfied that the person is unlikely to engage in, and unlikely to be associated with persons who have been engaged in, swindling, cheating or any malpractice in gaming.

         (4)   The Commissioner of Police shall decide whether or not to revoke a direction under subsection 15 (1) within 3 months after receiving the application under subsection (1) for revocation of the direction and shall, by notice, inform the casino operator, and the person specified in the direction, of the decision.

         (5)   The Commissioner may at any time revoke a direction under subsection 15 (1).

17            List of names of proscribed persons

         (1)   The casino operator shall maintain a list of names of proscribed persons.

         (2)   The casino operator shall make available to the Casino Controller, or to an inspector nominated by the Casino Controller, and to the Commissioner of Police a copy of the list mentioned in subsection (1) as in force from time to time.

         (3)   An offence against subsection (1) or (2) is punishable, upon conviction, by:

                (a)    if the offender is a body corporate — a fine not exceeding $5,000;

               (b)    if the offender is a natural person — a fine not exceeding $1,000.

18            False information

                A person shall not, in purported compliance with a requirement made under this Ordinance or the Agreement, knowingly or recklessly:

                (a)    give information, either orally or in writing, that is false or misleading in a material particular; or

               (b)    produce or lodge a document that is false or misleading in a material particular.

Penalty:   a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months, or both.

19            Failure to give information or document

                A person shall not, without reasonable excuse, fail to give information or particulars, or to produce or lodge a document, that he or she is required under this Ordinance or the Agreement to give, produce or lodge.

Penalty:   

                (a)    if the offender is a body corporate — a fine not exceeding $10,000; or

               (b)    if the offender is a natural person — a fine not exceeding $2,000.

20            Conflict of interest

         (1)   in this section prescribed person means:

                (a)    the casino operator;

               (b)    a casino employee;

                (c)    the developer;

               (d)    the lessee;

                (e)    the manager; or

                (f)    the Trust.

         (2)   An authorised person shall not knowingly or recklessly:

                (a)    have, directly or indirectly:

                          (i)    any business or financial association with; or

                         (ii)    any business or financial interest in any matter in conjunction with:

                        a prescribed person;

               (b)    be an employee, in any capacity, of a prescribed person; or

                (c)    solicit or accept employment from, or be a business or financial associate of, a prescribed person within the period of 1 year after he or she ceases to be an authorised person.

Penalty:   a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months, or both.

         (3)   A prescribed person shall not knowingly or recklessly:

                (a)    have, directly or indirectly:

                          (i)    any business or financial association with; or

                         (ii)    any business or financial interest in any matter in conjunction with:

                        an authorised person;

               (b)    employ in any capacity an authorised person; or

                (c)    employ in any capacity, or be a business or financial associate of, an authorised person within the period of 1 year after that authorised person ceases to be an authorised person.

Penalty:   

                (a)    if the offender is a body corporate — a fine not exceeding $25,000; or

               (b)    if the offender is a natural person — a fine not exceeding $5,000 or imprisonment for a period not exceeding 2 years, or both.

         (4)   A Casino Controller or Deputy Casino Controller who knowingly has, directly or indirectly:

                (a)    any business or financial association with a person who is or was an applicant for an employee’s licence; or

               (b)    any business or financial interest in any matter in conjunction with a person who is or was an applicant for an employee’s licence;

shall, as soon as practicable, notify the Minister in writing of the association or interest.

Penalty:   a fine not exceeding $1,000 or imprisonment for 6 months, or both.

         (5)   An authorised person, other than the Casino Controller or a Deputy Controller, who knowingly has, directly or indirectly:

                (a)    any business or financial association with a person who is or was an applicant for an employee’s licence; or

               (b)    any business or financial interest in any matter in conjunction with a person who is or was an applicant for an employee’s licence;

shall, as soon as practicable, notify the Casino Controller in writing of the association or interest.

Penalty:   a fine not exceeding $1,000 or imprisonment for 6 months, or both.

21            Bribery

         (1)   An authorised person shall not directly, or indirectly:

                (a)    ask for, receive, obtain or agree to receive or obtain any money, property, benefit or advantage of any kind for himself or herself or for another person:

                          (i)    on the understanding that the authorised person will fail to perform his or her duty or will otherwise be influenced in the exercise of his or her functions; or

                         (ii)    on account of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by the authorised person in the exercise of those functions; or

               (b)    use, or take advantage of, his or her position as an authorised officer in order improperly to gain a benefit or advantage for, or facilitate the commission of an offence by, any person.

Penalty:   a fine not exceeding $5,000 or imprisonment for 2 years, or both.

         (2)   A person shall not directly or indirectly give to, confer upon or procure for an authorised person, or for any other person, any money, property, benefit or advantage of any kind:

                (a)    on the understanding that the authorised person will fail to perform his or her duty or will otherwise be influenced in the exercise of his or her functions;

               (b)    on account of anything done or omitted to be done, or to be afterwards done or omitted to be done, by the authorised person in relation to those functions; or

                (c)    in order to influence the authorised person to use or take advantage of his or her position in order improperly to gain a benefit or advantage for, or facilitate the commission of an offence by, any person.

Penalty:   

                (a)    if the offender is a body corporate — a fine not exceeding $25,000; or

               (b)    if the offender is a natural person — a fine not exceeding $5,000 or imprisonment for 2 years, or both.

22            Conduct of directors, servants or agents

         (1)   Where, in proceedings for an offence against this Ordinance, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:

                (a)    that the conduct was engaged in by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; and

               (b)    that the director, servant or agent had the state of mind.

         (2)   Any conduct engaged in on behalf of a body corporate by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Ordinance, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.

         (3)   Where, in proceedings for an offence against this Ordinance, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show:

                (a)    that the conduct was engaged in by a servant or agent of the person within the scope of his or her actual or apparent authority; and

               (b)    that the servant or agent had the state of mind.

         (4)   Any conduct engaged in on behalf of a person other than a body corporate by a servant or agent of the person within the scope of his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Ordinance, to have been engaged in also by the first-mentioned person unless the first-mentioned person establishes that the first-mentioned person took reasonable precautions and exercised due diligence to avoid the conduct.

         (5)   Where:

                (a)    a person other than a body corporate is convicted of an offence against this Ordinance; and

               (b)    the person would not have been convicted of the offence if subsections (3) and (4) had not be enacted;

the person is not liable to be punished by imprisonment for that offence.

         (6)   A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:

                (a)    the knowledge, intention, opinion, belief or purpose of the person; and

               (b)    the person’s reasons for the intention, opinion, belief or purpose.

         (7)   A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.

23            Investigations at the instance of the Casino Controller

         (1)   For the purposes of this Ordinance, the Casino Controller may:

                (a)    at any time make such investigations in relation to the operation of the casino, or in relation to any other matter relevant to this Ordinance or the Agreement, other than an alleged offence against this Ordinance or any other offence, as he or she thinks fit; or

               (b)    by instrument authorise any person to conduct such an investigation.

         (2)   Without limiting the generality of subsection (1), an investigation may be made into:

                (a)    the suitability of any person:

                          (i)    in relation to whom section 55 applies;

                         (ii)    who is a party to a prescribed contract; or

                         (iii)    who intends to be a party to a proposed prescribed contract; or

               (b)    the operation of:

                          (i)    a prescribed contract; or

                         (ii)    a proposed prescribed contract.

         (3)   The Casino Controller or a person authorised under subsection (1) to conduct an investigation may, by notice, require another person (having informed that other person in that notice or in another instrument of the obligation under this section to comply with the requirement):

                (a)    to give to the first-mentioned person, orally or in writing, at a reasonable time and place specified in the notice, information specified in the notice;

               (b)    to produce to the first-mentioned person, at a reasonable time and place specified in the notice, a document specified in the notice;

                (c)    to answer, orally or in writing, at a reasonable time and place specified in the notice, any question specified in the notice or asked orally by the first-mentioned person;

that is related to the matter of that investigation.

         (4)   Where a document is produced to a person pursuant to a requirement under subsection (3), the person may:

                (a)    inspect the document;

               (b)    take extracts from the document; or

                (c)    make copies of the document.

         (5)   A person, who without reasonable excuse, contravenes a requirement made under subsection (3) is guilty of an offence punishable, on conviction, by a fine not exceeding:

                (a)    if the offender is a body corporate — $10,000; or

               (b)    if the offender is a natural person — $2,000.

24            Investigations at the instance of the Minister

         (1)   The Minister may, at any time, cause investigations to be made in relation to any person affected directly or indirectly by this Ordinance or the Agreement or in relation to any other matter relevant to this Ordinance or the Agreement, other than an alleged offence against this Ordinance or any other offence.

         (2)   Section 23 applies in relation to an investigation under subsection (1) as if it were an investigation under that section.

24A         Recovery of costs of certain investigations

         (1)   The Authority may recover its reasonable expenses of an investigation under section 24 for a purpose mentioned in column 2 of an item of the following table from the person mentioned in column 3 of the item:

 

Column 1

Item

Column 2

Purpose

Column 3

Person

1

Whether to grant a casino licence (section 53)

The applicant for the licence

2

Whether a person who becomes an associate of the casino licensee is a suitable person to be such an associate (section 58)

The casino licensee

3

Whether the casino licensee remains a suitable person to hold the licence (section 58)

The casino licensee

4

Whether an associate of the casino licensee remains a suitable person to be an associate of the casino licensee (section 58)

The casino licensee

5

Whether to approve an assignment of a casino licence (section 59)

The casino licensee

6

Whether to approve an application for a lease of the casino or the project (section 61)

The casino licensee

7

Whether to approve a casino operation agreement (section 62)

The casino licensee

8

Whether the casino lessee remains a suitable person to hold the lease (section 63)

The casino lessee

9

Whether a person who becomes an associate of the casino lessee is a suitable person to be such an associate (section 63)

The casino lessee

10

Whether an associate of the casino lessee remains a suitable person to be an associate of the casino lessee (section 63)

The casino lessee

11

Whether the casino operator remains a suitable person to be the operator (section 64B)

The casino operator

12

Whether a person who becomes an associate of the casino operator is a suitable person to be such an associate (section 64B)

The casino operator

13

Whether an associate of the casino operator remains a suitable person to be an associate of the casino operator (section 64B)

The casino operator

         (2)   In subsection (1), expenses includes:

                (a)    consultancy fees in connection with an investigation; and

               (b)    costs of obtaining financial and corporate information relevant to an investigation; and

                (c)    travelling expenses within and outside Australia.

         (3)   An amount that a person is liable to pay under subsection (1) is recoverable as a debt due to the Commonwealth.

25            Secrecy

         (1)   Subject to this section, a person shall not, directly or indirectly, except in the performance of duties or exercise of powers under this Ordinance, make a record of, or divulge to any person, any information with respect to the affairs of another person acquired by the first-mentioned person in the performance of those duties or exercise of those powers.

         (2)   Subject to this section, a person shall not, except for the purposes of this Ordinance, be required:

                (a)    to produce in court any document that has come into his or her possession or under his or her control; or

               (b)    to divulge to a court any matter or thing that has come to his or her notice;

in the performance of functions under this Ordinance.

         (3)   A person may:

                (a)    divulge specified information to such persons as the Minister or Casino Controller directs if the Minister or Casino Controller certifies that it is necessary in the public interest that the information should be so divulged;

               (b)    divulge any information to the Commissioner of Police or any prescribed authority or person; or

                (c)    divulge any information with respect to the affairs of another person to a person who is expressly or impliedly authorised by that other person to know that information.

         (4)   An authority or person to whom information is divulged under subsection (3), and any person or employee under the control of that authority or person, shall, in respect of that information, be entitled to the rights, and subject to the obligations, that would apply under this section if that authority or person were a person performing duties under this Ordinance and had acquired the information in the performance of those duties.

         (5)   Where:

                (a)    the Minister or the Casino Controller certifies that it is necessary in the public interest that specified information should be divulged to a court; or

               (b)    a person to whom information relates has expressly authorised it to be divulged to a court;

a person may be required:

                (c)    to produce in court any document containing the information; or

               (d)    to divulge the information to the court.

         (6)   This section shall not be taken to be an enactment for the purposes of section 38 of the Freedom of Information Act 1982.

26            Self incrimination

         (1)   A person is not excused from giving information or producing a document when required to do so under subsection 23 (3) or 25 (5) on the ground that:

                (a)    the information or document might tend to incriminate the person or make the person liable to a penalty; or

               (b)    the giving of the information or production of the document would be in breach of an obligation (whether imposed by enactment or otherwise) of the person not to disclose the information or the existence or contents of the document.

         (2)   Where a person gives information or produces a document under subsection 23 (3) or 25 (5), the information or the production of the document, or any information, document or thing obtained as a direct or indirect consequence of the production of the document, is not admissible against the person in any civil or criminal proceedings, except a proceeding for an offence against section 18 or proceedings under Division 6 of Part III of the Public Service Act 1992.

27            Offence against secrecy provision triable before the Supreme Court

         (1)   Subject to this section, an offence against subsection 25 (1) is an offence triable before the Supreme Court and is punishable on conviction by a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months, or both.

         (2)   The Magistrate’s Court may hear and determine proceedings in respect of an offence against subsection 25 (1) if the Court is satisfied that it is proper to do so and the defendant and the prosecutor consent.

         (3)   Where under subsection (2) the Magistrate’s Court convicts a person of an offence against subsection 25 (1), the penalty that the Court may impose is a fine not exceeding $1,000 or imprisonment for a period not exceeding 6 months, or both.

28            Personation

                A person shall not:

                (a)    personate the holder of a licence or form of identification used for the purposes of this Ordinance; or

               (b)    falsely represent himself or herself to be an authorised person.

Penalty:   a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months, or both

29            Obstructing authorised and other persons

                A person shall not, without reasonable excuse, obstruct, hinder, resist, molest, or interfere with a person who is an authorised person or a person mentioned in subparagraph 8 (1) (f) (iii) or paragraph 9 (7) (b) or 71 (6) (a), (b) or (c) in connection with the performance or exercise of his or her functions or powers under this Ordinance.

Penalty:   $1,000 or imprisonment for 6 months, or both.


 

Part III                 Casino Surveillance Authority

  

30            Establishment

         (1)   There is established by this Ordinance an Authority by the name of the Casino Surveillance Authority.

         (2)   The Authority:

                (a)    is a body corporate;

               (b)    shall have a seal; and

                (c)    may sue and be sued.

         (3)   The seal of the Authority shall be kept in such custody as the Authority directs and shall not be used except as authorised by the Authority.

         (4)   All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Authority appearing on a document and shall presume that it was duly affixed.

31            Object

                The object of the Authority is to promote the proper control of the operations of the casino.

32            Functions and powers

         (1)   The functions of the Authority are:

                (a)    to inquire into, and make recommendations to the Minister concerning, the control or operation of the casino;

               (b)    to make recommendations to the Minister concerning the laws that it considers should be made in relation to the control or operation of the casino;

                (c)    to inquire into, and make recommendations to the Minister concerning, matters referred to it by the Minister in relation to the control or operation of the casino;

               (d)    to inquire into, and make recommendations to the Minister concerning, the suitability of:

                          (i)    any person referred to in paragraph 23 (2) (a); or

                         (ii)    any person proposed to be appointed as an administrator of the casino under section 58A or 64A;

                (e)    to make recommendations to the Minister concerning the games played, or to be played, in the casino or the rules under which those games may be played.

         (2)   The Authority has in addition the functions conferred on it by any other provision of this Ordinance or by the Minister, by instrument, under any law.

         (3)   The Authority has power to do all things necessary or convenient to be done in the performance of its functions.

33            Membership

         (1)   The Authority shall consist of:

                (a)    a Chairperson; and

               (b)    2 other members;

appointed by the Minister.

         (2)   A member:

                (a)    shall be appointed for a future term commencing on a day specified in the instrument of appointment; and

               (b)    holds office, subject to this Ordinance, for a term (not exceeding 3 years) specified in that instrument; and

                (c)    is eligible for re-appointment.

         (3)   A member holds office on a part-time basis.

         (4)   In relation to matters not provided for by this Ordinance, a member holds office on terms and conditions (if any) determined by the minister by instrument.

         (5)   If:

                (a)    a member ceases to hold office before the end of his or her appointment; and

               (b)    the Minister considers that the remainder of the term of that member is not too short a period;

                the Minister is to appoint another person, in accordance with this Ordinance, in the place of that member until the end of that term.

         (6)   A person is not eligible for appointment as a member of the Authority if the person has, at any time during the previous 3 years, had a relationship that would have been proscribed by section 20 if the person had, at that time, been a member.

         (7)   The Minister need not appoint or re-appoint any person as a member or Chairperson of the Authority if:

                (a)    no casino licence is in force; and

               (b)    no application for a casino licence is awaiting a decision by the Minister.

34            Remuneration and allowances

         (1)   A member shall be paid the remuneration and allowances (if any) that are prescribed.

         (2)   Subsection (1) does not apply in relation to:

                (a)    remuneration if there is a subsisting determination relating to the remuneration to be paid to the member; or

               (b)    an allowance of a particular kind if there is a subsisting determination relating to an allowance of that kind to be paid to the member.

         (3)   In subsection (2), determination means a determination of the Remuneration Tribunal.

35            Leave of absence

         (1)   The Minister may grant leave of absence to the Chairperson on terms and conditions determined by the Minister by instrument.

         (2)   The Chairperson may grant leave of absence to another member on terms and conditions determined by the Chairperson by instrument.

36            Resignation

                A member may resign his or her office by notice signed by the member and delivered to the Minister.

37            Disclosure of interests

         (1)   A member who has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Authority (whether at a meeting or otherwise) shall, as soon as possible after the relevant facts come to the member’s knowledge, disclose the nature of the interest at a meeting of the Authority.

         (2)   A disclosure under subsection (1) shall be recorded in the minutes of the Authority and, unless the Minister or the Authority otherwise determines, the member shall not:

                (a)    be present during any deliberation of the Authority in relation to the matter; or

               (b)    take part in any decision of the Authority in relation to the matter.

         (3)   A member who has a direct or indirect pecuniary interest in a matter to which a disclosure under subsection (1) relates shall not:

                (a)    be present during any deliberation of the Authority undertaken for the purposes of making a determination under subsection (2) in relation to that matter; or

               (b)    take part in the making of such a determination by the Authority.

38            Termination of appointment

         (1)   The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.

         (2)   The Minister shall terminate the appointment of a member if the member:

                (a)    becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;

               (b)    contravenes section 37 without reasonable excuse;

                (c)    is convicted of an offence punishable by imprisonment for six months or more;

               (d)    is convicted of an offence against a law of the Territory, or of the Commonwealth, a State or another Territory, relating to gambling or to the operation of a casino;

                (e)    being the Chairperson, is absent, except with the leave of the Minister, from 3 consecutive meetings of the Authority; or

                (f)    being a member other than the Chairperson, is absent, except with the leave of the Chairperson, from 3 consecutive meetings of the Authority.

39            Acting appointments

         (1)   The Minister may appoint a member to act as Chairperson:

                (a)    during a vacancy in the office of Chairperson (whether or not an appointment has previously been made to the office); or

               (b)    during any period, or during all periods, when the Chairperson is absent from the Territory or is, for any reason, unable to perform the duties of the office.

         (2)   The Minister may appoint a person or act as a member mentioned in paragraph 33 (1) (b):

                (a)    during a vacancy in the office of such a member (whether or not an appointment has previously been made to the office); or

               (b)    during any period, or during all periods, when such a member is acting as Chairperson, is absent from the Territory or is, for any reason, unable to attend meetings of the Authority.

         (3)   Anything done by or in relation to a person purporting to act under this section is not invalid merely because:

                (a)    the occasion for the appointment had not arisen;

               (b)    there was a defect or irregularity in connection with the appointment;

                (c)    the appointment had ceased to have effect; or

               (d)    the occasion to act had not arisen or had ceased.

40            Meetings

         (1)   The Authority shall hold any meetings necessary or desirable for the efficient performance of its functions.

         (2)   Subject to subsection (3), meetings of the Authority shall be held at such times and places as the Authority from time to time determines.

         (3)   The Chairperson may, at any time, convene a meeting of the Authority.

         (4)   The Chairperson shall preside at all meetings of the Authority.

         (5)   At a meeting of the Authority:

                (a)    the Chairperson and 1 other member constitute a quorum;

               (b)    a question shall be decided by a majority of the votes of the members present and voting; and

                (c)    the Chairperson has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

         (6)   The Authority shall cause minutes of the proceedings of its meetings to be kept.

41            Recommendations to the Minister

                Where the Minister, for the purpose of making a decision in relation to a particular matter, is required under this Ordinance to have regard to any recommendation made by the Authority in respect of that matter, the Minister may:

                (a)    accept the recommendation;

               (b)    reject the recommendation; or

                (c)    refer the matter back to the Authority for further consideration or investigation.

42            Annual report

         (1)   Subject to subsection (2), as soon as practicable after the end of the financial year mentioned in subsection 89 (1), the Authority must give to the Minister a report of the work of the Authority during that financial year.

         (2)   The Authority is not required to give a report to the Minister for a financial year if:

                (a)    no casino licence was in force at any time in that year; and

               (b)    no application for a casino licence is awaiting a decision by the Minister in that year.

43            Directions of the Minister on matters of policy

         (1)   The Minister may give directions to the Authority on matters of policy and the Authority shall observe and carry out any directions so given.

         (2)   Where the exercise under this Ordinance of any power or function by the Authority is dependent upon the belief or opinion of the Authority in relation to any matter and the Minister gives a direction to the Authority in relation to that matter, the Authority shall exercise that power or function in accordance with that direction.

44            Delegation

         (1)   The Authority may, by resolution:

                (a)    delegate to a member; or

               (b)    with the approval of the Minister — delegate to any other person or body;

all or any of the Authority’s powers under this Ordinance except this power of delegation.

         (2)   A delegation under this section:

                (a)    continues in force; and

               (b)    may be revoked by resolution of the Authority;

despite a change in the membership of the Authority.

         (3)   A certificate signed by a Chairperson stating any matter in relation to a delegation under this section is, unless the contrary is established, conclusive proof of the matter so stated.

         (4)   A document purporting to be a certificate mentioned in subsection (3) shall be deemed to be such a certificate unless the contrary is established.


 

Part IV                Forgery and use of forged documents

  

45            Application of this Part

         (1)   This Part applies only in relation to a document that would, whether genuine or not, be incidental to, or connected with, the operation of the casino.

         (2)   This Part applies, so far as it is capable of so applying, as if a reference to a document included a reference to chips or gaming equipment.

46            Interpretation of this Part

         (1)   For the purposes of this Part, a document is false if it purports:

                (a)    to have been made in the form in which it is made by a person who did not in fact make it in that form;

               (b)    to have been made in the form in which it is made on the authority of a person who did not in fact authorise its making in that form;

                (c)    to have been made in the terms in which it is made by a person who did not in fact make it in those terms;

               (d)    to have been made in the terms in which it is made on the authority of a person who did not in fact authorise its making in those terms;

                (e)    to have been altered in any respect by a person who did not in fact alter it in that respect;

                (f)    to have been altered in any respect on the authority of a person who did not in fact authorise the alteration in that respect;

                (g)    to have been made or altered on a date on which, or at a place at which, or otherwise in circumstances in which, it was not in fact made or altered; or

                (h)    to have been made or altered by an existing person who did not in fact exist.

         (2)   For the purposes of this Part, a person is to be treated as making a false document if the person alters a document if the person alters a document so as to make it false in any respect (whether or not it is false in some other respect apart from that alteration).

         (3)   For the purposes of this Part, an act or omission is to a person’s prejudice if, and only if, it is one that, if it occurs:

                (a)    will result:

                          (i)    in the person’s temporary or permanent loss of property;

                         (ii)    in the person being deprived of an opportunity to earn remuneration or greater remuneration; or

                         (iii)    in the person being deprived of an opportunity to obtain a financial advantage otherwise than by way of remuneration; or

               (b)    will result in any other person being given an opportunity:

                          (i)    to earn remuneration or greater remuneration from the first-mentioned person; or

                         (ii)    to obtain a financial advantage from the first-mentioned person otherwise than by way of remuneration; or

                (c)    will be the result of the person having accepted a false document as genuine, or a copy of a false document as a copy of a genuine one, in connection with the person’s performance of a duty.

         (4)   In this Part:

                (a)    a reference to inducing a person to accept a false document as genuine, or a copy of a false document as a copy of a genuine document, shall be read as including a reference to causing a machine to respond to the document or copy as if it were a genuine document or a copy of a genuine document, as the case may be; and

               (b)    where:

                          (i)    a machine so responds to a document or copy; and

                         (ii)    the act or omission intended to be caused by the machine so responding is an act or omission that, if it were an act or omission of a person, would be to a person’s prejudice within the meaning of subsection (3);

the act or omission intended to be caused by the machine so responding shall be deemed to be an act or omission to a person’s prejudice.

47            Forgery and use of forged documents

         (1)   A person shall not make a false document with the intention that he or she, or another person, shall use it to induce another person to accept it as genuine, and by reason of so accepting it to do or not to do some act to that other person’s, or to another person’s, prejudice.

         (2)   A person shall not use a document which is, and which he or she knows to be, false with the intention of inducing another person to accept it as genuine, and by reason of so accepting it to do or not to do some act to that other person’s, or to another person’s, prejudice.

         (3)   A person shall not make a copy of a document which is, and which he or she knows to be, a false document, with the intention that he or she, or another person, shall use it to induce another person to accept it as a copy of a genuine document and by reason of so accepting it to do or not to do some act to that other person’s, or to another person’s, prejudice.

         (4)   A person shall not use a copy of a document which is, and which he or she knows to be, a false document, with the intention of inducing another person to accept it as a copy of a genuine document and by reason of so accepting it to do or not to do some act to that other person’s, or to another person’s, prejudice.

48            Possession of false document

                A person shall not have in his or her custody, or under his or her control, a document which is, and which he or she knows to be, false, with intention that the person or another shall use it to induce another person to accept it as genuine, and by reason of so accepting it to do or not to do some act to that other person’s, or to another person’s, prejudice.

49            Possession of machine etc

         (1)   A person shall not make, or have in his or her custody, or under his or her control, a machine or implement, or paper or other material, which is, and which he or she knows to be, designed or adapted for the making of a false document, with the intention that that person or another person shall make a document which is false and that that person or another person shall use the document to induce another person to accept it as genuine, and by reason of so accepting it to do or not to do an act to that other person’s, or to another person’s, prejudice.

         (2)   A person shall not, without lawful excuse, make or have in his or her custody or under his or her control, a machine or implement, or paper or other material, which is and which the person knows to be designed or adapted for the making of a false document.

50            Penalties

         (1)   An offence against section 47 or 48 or subsection 49 (1) is punishable, upon conviction, by a fine not exceeding $10,000 or imprisonment for 5 years, or both.

         (2)   An offence against subsection 49 (2) is punishable, upon conviction, by a fine not exceeding $2,000 or imprisonment for 12 months, or both.

51            General allegation of intent sufficient

                In any proceedings for an offence against this Part, where it is necessary to allege an intent to induce a person to accept a false document as genuine, or a copy of a false document as a copy of a genuine one, it is not necessary to allege that the accused intended so to induce a particular person.


 

Part V                 Agreement and casino licence

  

52            Agreement

         (1)   Subject to this Ordinance, the Minister may enter into an agreement varying the original Agreement.

         (2)   The Minister shall cause a copy of any agreement entered into under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after that agreement is entered into.

53            Grant of casino licence

         (1)   If the Agreement is in force, the Minister must grant, subject to this Ordinance, a casino licence to:

                (a)    the developer; or

               (b)    another person specified in, or under, the Agreement as the proposed casino licensee.

      (1A)   If the Agreement has ceased to be in force, the Minister may grant a casino licence to an applicant who meets the criteria for the grant of the licence under this Ordinance.

         (2)   A casino licence shall be in a form approved by the Minister and shall specify:

                (a)    the date of its issue;

               (b)    the date of its expiration;

                (c)    the name of the licensee;

               (d)    an address in the Territory supplied by the licensee for the service of documents on the licensee;

                (e)    whether the casino licensee has:

                          (i)    leased the casino to another person; or

                         (ii)    entered into a casino operation agreement;

                        as the case may be;

              (ea)    the conditions to which the casino licence may be subject under subsection (3);

                (f)    such other particulars relating to the casino or the project as the Minister considers necessary; and

                (g)    any other prescribed particulars.

         (3)   The grant of a casino licence may be subject to conditions, including a condition requiring the licensee to provide a reasonable security in relation to the performance of its obligations under the licence.

54            Refusal of casino licence

         (1)   If the Agreement is in force, the Minister must not grant a casino licence unless all the terms and conditions of the Agreement (other than terms and conditions to be complied with by the Commonwealth) have been complied with, or are being complied with, as the case requires.

      (1A)   For the purposes of subsection (1), it is immaterial whether the person that brings about compliance with a term or condition of the Agreement is the person that has primary responsibility for compliance.

         (2)   Where the Minister refuses to grant a casino licence, he or she shall, by notice, inform:

                (a)    any casino lessee;

               (b)    the developer; and

                (c)    the manager;

of the refusal.

55            Suitability of casino licensee and of parties to the Agreement

         (1)   The Minister shall not enter into an agreement varying the original Agreement or grant a casino licence unless he or she is satisfied:

                (a)    that any persons with whom the agreement is to be entered into and any proposed casino licensee:

                          (i)    have, or are able to obtain, financial resources that are adequate to develop and operate the project successfully in accordance with the Agreement;

                         (ii)    have a business reputation demonstrating the capacity to achieve the successful development and operation of the project;

                         (iii)    have a reputation for sound character and business conduct;

                        (iv)    have, or are able to obtain, for the project the services of a sufficient number of persons who have a reputation for sound character and who have adequate relevant experience to achieve the successful development and operation of the project;

                         (v)    are not associated in business with any person who does not have a reputation for sound character and business conduct or who has conducted business with inadequate financial resources of his or her own; and

                        (vi)    are, in relation to any other matter relevant to the development and operation of the project, suitable to participate in that development and operation; and

               (b)    that each officer of any corporation that proposes to participate in the development and operation of the project is a fit and proper person so to participate.

         (2)   For the purpose of deciding whether to enter into an agreement with a person varying the original Agreement or to grant a casino licence, the Minister shall have regard to any recommendation made by the Authority concerning the suitability of the person to enter into that agreement or the suitability of any proposed casino licensee to hold a casino licence, as the case may be.

55A         Casino licensee to give notice of certain changes

         (1)   A casino licensee must:

                (a)    give notice, in writing, to the Minister of:

                          (i)    a person’s becoming an associate of the licensee; or

                         (ii)    any change, in relation to the licensee, of any other kind prescribed for the purposes of this paragraph;

                        before the end of 7 days after the change happens; and

               (b)    give notice, in writing, to the Minister of any other change in relation to the licensee of a kind prescribed for the purposes of this paragraph before the end of 14 days after the change happens.

Penalty:   20 penalty units.

         (2)   For the purposes of this section, a person is an associate of a casino licensee if:

                (a)    the person participates in a partnership, trust, unincorporated joint venture or other arrangement with the licensee for the sharing of profit (whether or not derived from the operations of the casino); or

               (b)    the person is a corporation the directors of which are accustomed to act, or are under an obligation (whether formal or informal) to act, in accordance with the directions, instructions or wishes of the licensee; or

                (c)    the person is a person whose directions, instructions or wishes the licensee is accustomed to comply with, or is under an obligation (whether formal or informal) to comply with; or

               (d)    the person holds a substantial interest, or the person and another person together hold an aggregate substantial interest, in the capital of the licensee; or

                (e)    the person is a corporation in which:

                          (i)    the licensee holds a substantial interest; or

                         (ii)    the licensee and another person together hold an aggregate substantial interest; or

                (f)    the person is the trustee of a trust estate in which:

                          (i)    the licensee holds a substantial interest; or

                         (ii)    the licensee and another person together hold an aggregate substantial interest; or

                (g)    if the licensee is a trustee — the person holds a substantial interest in the trust estate.

      (2A)   For paragraph (2) (d):

                (a)    a person is taken to hold a substantial interest in the capital of the licensee if the person, alone or together with an associate or associates, holds at least 15% of the capital; and

               (b)    2 or more persons are taken to hold an aggregate substantial interest in the capital of the licensee if the persons, by themselves or together with an associate or associates, hold, in the aggregate, at least 40% of the capital.

         (3)   For the purposes of paragraph (2) (e):

                (a)    a person is taken to hold a substantial interest in a corporation if the person, alone or together with any associate or associates of the person:

                          (i)    is in a position to control not less than 15% of the voting power in the corporation; or

                         (ii)    holds interests in not less than 15% of the issued shares in the corporation; and

               (b)    2 or more persons are taken to hold an aggregate substantial interest in a corporation if they, together with any associate or associates of any of them:

                          (i)    are in a position to control not less than 40% of the voting power in the corporation; or

                         (ii)    hold interests in not less than 40% of the issued shares in the corporation.

         (4)   For the purposes of paragraphs (2) (f) and (g):

                (a)    a person is taken to hold a substantial interest in a trust estate if the person, alone or together with an associate or associates, holds a beneficial interest in not less than 15% of the capital or income of the trust estate; and

               (b)    2 or more persons are taken to hold an aggregate substantial interest in a trust estate if the persons, together with an associate or associates, hold, in the aggregate, beneficial interests in not less than 40% of the capital or income of the trust estate.

         (5)   If, under the terms of a trust, a trustee has a power or discretion as to the distribution of the income or capital of the trust estate to beneficiaries, each beneficiary is taken, for the purpose of subsection (4), to hold a beneficial interest in the maximum percentage of income or capital of the trust estate that the trustee is empowered to distribute to that beneficiary.

56            Duration of casino licence

                Subject to subsection 58 (9), a casino licence remains in force until it expires in accordance with its terms unless it is surrendered, suspended or cancelled under this Ordinance.

57            Surrender of casino licence

         (1)   A casino licensee who has paid all taxes, fees and other amounts payable to the Commonwealth in respect of the operation of the casino may surrender the casino licence at any time.

         (2)   Where the casino licensee ceases to be responsible for the operation of the casino otherwise than by reason that the licensee:

                (a)    being the developer, has entered into a casino lease;

               (b)    has entered into a casino operation agreement; or

                (c)    has assigned the casino licence under section 59;

the casino licence shall be deemed to have been surrendered.

58            Suspension or cancellation of casino licence

         (1)   A ground for suspension or cancellation of a casino licence arises where:

                (a)    the casino licensee is convicted of any offence under this Ordinance;

               (b)    the casino licensee is convicted of an offence punishable by:

                          (i)    if the licensee is a body corporate — a fine of $5,000 is more; or

                         (ii)    if the licensee is a natural person — imprisonment for a period of 6 months or more;

                (c)    the casino licensee is convicted of an offence against the law of the Territory, or of the Commonwealth, a State or another Territory, relating to gambling or to the operation of another casino;

               (d)    the casino licensee contravenes a term or condition of the Agreement;

                (e)    the casino licensee contravenes a provision of this Ordinance;

                (f)    the casino licensee contravenes a requirement by the Treasurer in relation to a matter of foreign investment;

                (g)    the Agreement is terminated under subclause 32 (1) of the Agreement;

                (h)    the casino licensee contravenes a direction of:

                          (i)    the Minister under subsection 108 (1) or (1A); or

                         (ii)    the Casino Controller under subsection 108 (1);

                 (i)    the casino licensee supplies to the Minister or an authorised person information that is false or misleading in a material particular;

                (j)    the casino licensee fails to meet his, her or its financial commitments when they become due and payable;

               (k)    proceedings to wind up the casino licensee are instituted;

                 (l)    the Minister is satisfied that the licensee, or any person associated in business with the licensee, is not or has ceased to be, at any time while the casino licence is in force, a suitable person to be the licensee, or to be so associated, as the case requires, having regard to the matters specified in section 55 that are applicable; or

               (m)    if the developer or casino licensee entered into a casino operation agreement:

                          (i)    that agreement has ceased to be in force; and

                         (ii)    the Minister has not approved a new operator.

         (2)   Where:

                (a)    a ground for suspension or cancellation of the casino licence arises under subsection (1); and

               (b)    the Minister is satisfied that it is in the public interest to suspend, or cancel, the casino licence;

the Minister:

                (c)    shall, by notice, require:

                          (i)    any casino lessee;

                         (ii)    any project lessee;

                         (iii)    the casino operator;

                        (iv)    the developer;

                         (v)    the lessee;

                        (vi)    the casino licensee;

                        (vii)    the manager; and

                       (viii)    the Trust; and

               (d)    may, by notice, require any other person who in the opinion of the Minister has an interest in the licence;

to show cause, within a specified period of not less that 21 days after issue of the notice, why the casino licence should not be suspended, or cancelled, as the case may be.

         (3)   A notice under subsection (2) shall specify briefly the grounds for its issue.

         (4)   The Minister, having regard to any response made to a notice under subsection (2):

                (a)    where the matter is resolved to his or her satisfaction — shall take no further action;

               (b)    where the matter is not resolved to his or her satisfaction but he or she considers that action to suspend or cancel the casino licence is not warranted — may issue a letter cautioning the licensee; or

                (c)    where the matter is not resolved to his or her satisfaction and he or she is satisfied that further action is warranted:

                          (i)    may by notice, give such directions as he or she considers appropriate; or

                         (ii)    may suspend for such period as he or she thinks fit, or cancel, the casino licence.

         (5)   Where a direction given by the Minister under subparagraph (4) (c) (i) is not complied with within a time specified in the notice, the Minister may suspend for such period as he or she thinks fit, or cancel, the casino licence.

         (6)   Despite any other provision of this Ordinance, the Minister may, if satisfied that it is in the public interest to do so, suspend the casino licence for such period as he or she thinks fit.

         (7)   Where a casino licence is suspended under this section, the Minister may, by notice given to the casino licensee, at any time reduce the period of suspension or rescind the remainder of the period of suspension.

         (8)   Where a casino licence is suspended or cancelled under this section, the Minister shall, by notice, inform the licensee of the suspension or cancellation.

         (9)   A casino licence suspended under this section shall be deemed to be in force for the purposes of this section and sections 57, 59 and 60.

58A         Appointment of administrator

         (1)   The Minister may appoint a person, in writing, as administrator for the purposes of this section if:

                (a)    a casino licence is suspended or cancelled under section 58; and

               (b)    the Minister is satisfied that it is in the public interest to do so; and

                (c)    the Minister considers that the person is suitable for appointment as administrator.

         (2)   For the purpose of paragraph (1) (c), the Minister must not consider the person suitable unless the Minister is satisfied that:

                (a)    the person has a reputation for sound character and business conduct; and

               (b)    the person is not an employee, officer, auditor, debtor or creditor of the casino licensee or casino operator. 

         (3)   The Minister may ask the Authority to make recommendations regarding a proposed appointment, and must take into account any recommendations made by the Authority.

         (4)   If the Minister appoints an administrator, section 3 is taken to apply as if a casino licence were in force in respect of the casino.

         (5)   If the Minister appoints an administrator, the Minister must, by written notice, inform:

                (a)    if the Agreement is in force:

                          (i)    the casino licensee; and

                         (ii)    the developer (if the developer is not the casino licensee); and

                         (iii)    the casino operator; and

                        (iv)    any lessee; or

               (b)    if the Agreement has ceased to be in force:

                          (i)    the casino licensee; and

                         (ii)    the casino operator; and

                         (iii)    any lessee.

         (6)   An administrator may exercise any of the powers of the casino licensee as if the casino licence were in force and must:

                (a)    perform all the functions and duties conferred or imposed on the casino licensee as if the casino licence were in force; and

               (b)    either:

                          (i)    conduct casino operations in accordance with this Ordinance; or

                         (ii)    appoint some other suitable person, in writing, to so conduct those operations; and

                (c)    protect any rights that the casino licensee may have in relation to:

                          (i)    the casino operator; and

                         (ii)    the Commonwealth; and

                         (iii)    third persons; and

               (d)    protect any rights that the casino operator may have in relation to:

                          (i)    the casino licensee; and

                         (ii)    third persons; and

                (e)    avoid any act that might unreasonably prejudice the rights of third persons, including mortgagees, in relation to the duties and obligations of the casino licensee or casino operator.

         (7)   For the purposes of subparagraph (6) (b) (ii), a person is suitable to conduct the casino operations if section 55 would not prevent the appointment of the person as a casino licensee.

         (8)   In carrying out its functions as administrator, the administrator is subject to:

                (a)    the same conditions (with any necessary modifications) as was the casino licensee; and

               (b)    the same conditions (with any necessary modifications) as was the casino operator; and

                (c)    any other condition imposed by the Minister from time to time.

         (9)   The Minister may ask the Authority to make recommendations regarding appropriate conditions under paragraph (8) (c), and must take into account any recommendations made by the Authority.

       (10)   The appointment of an administrator may be terminated at any time by the Minister by instrument in writing.

59            Assignment of casino licence

         (1)   Subject to this Ordinance, the casino licensee may, with the approval of the Minister, assign the casino licence to another person.

         (2)   An application for approval under subsection (1) shall be in a form approved by the Minister.

         (3)   The casino licensee shall supply to the Minister in respect of the proposed assignment of the casino licence:

                (a)    such particulars relevant to the approval of the assignment as are required by the form of application to be set out in that form; and

               (b)    within a reasonable specified period, such further particulars relevant to the approval of the assignment as the Minister may, by notice in writing served on the casino licensee at any time after the Minister receives that application, required to be supplied.

         (4)   For the purpose of deciding whether to approve an application for the assignment of a casino licence, the Minister shall have regard to:

                (a)    the matters mentioned in subsection 55 (1) as if the application were an application for the grant of a casino licence; and

               (b)    any recommendation made by the Authority at the request in writing of the Minister concerning the suitability of the proposed assignee of the casino licence to hold a casino licence.

         (5)   Subject to this Ordinance, the Minister, having regard to an application made under subsection (2) and any further particulars supplied under subsection (3), must approve in writing the assignment of the casino licence.

         (6)   Where a proposed assignee of a casino licence and the casino licensee are corporations that are related to each other, the approval referred to in subsection (1) shall not be refused unless the Minister is satisfied that special circumstances warrant that refusal.

60            Casino licence fee

         (1)   A casino licence fee of an amount determined in accordance with clause 30 of the Agreement is payable to the Commonwealth by the casino licensee.

         (2)   Subject to subsection (3), a daily penalty at the rate of 20% per annum is payable on any principal amount of the casino licence fee that, in contravention of clause 30 of the Agreement, is unpaid immediately after the fourteenth day after the last day of March, June, September or December, as the case may be.

         (3)   Daily penalty payable under subsection (2) compounds at the end of every 3 months.

         (4)   The Minister may, for any reason he or she thinks fit, remit any part, or the whole, of a daily penalty payable under this section.

         (5)   The casino licence fee and daily penalty payable under this section are debts due to the Commonwealth and may be recovered by action in any court of competent jurisdiction.


 

Part VI                Lease of project, or casino, and Casino Operation Agreement

  

61            Lease of project or casino

         (1)   Subject to this Ordinance, the Minister must approve, in writing, a lease under which:

                (a)    the developer leases the casino or the project to another person; or

               (b)    the casino licensee leases the casino to another person.

      (1A)   An instrument purporting to be such a lease has no effect unless approved by the Minister.

         (2)   An application for approval under subsection (1) shall be made by the developer or casino licensee in a form approved by the Minister and shall be accompanied by:

                (a)    a draft of the proposed project lease or casino lease;

               (b)    particulars of the financial standing, relevant managerial experience and business reputation of the proposed project lessee or casino lessee; and

                (c)    any other particulars relevant to the approval as are required by the form of application to be set out in that form.

         (3)   The Minister may, by notice, require the developer or casino licensee to supply, within a reasonable specified period, such further particulars or documents, or to answer, within a reasonable specified period, such questions, as are specified in the notice.

         (4)   Where the Minister refuses to approve a proposed project lease or casino lease, he or she shall, by notice, inform the developer or casino licensee and the proposed project lessee or casino lessee of the refusal.

62            Casino operation agreement

         (1)   Subject to this Ordinance, the Minister must approve, in writing, an agreement or arrangement under which the developer or casino licensee agrees with, or arranges for, another person to operate the casino.

      (1A)   An instrument purporting to be such an agreement or arrangement has no effect unless approved by the Minister.

         (2)   An application for approval under subsection (1) shall be made by the developer or casino licensee and the proposed casino operator in a form approved by the Minister and shall be accompanied by:

                (a)    a draft of the proposed casino operation agreement;

               (b)    particulars of the financial standing, relevant managerial experience and business reputation of the proposed casino operator; and

                (c)    any other particulars relevant to the approval as are required by the form of application to be set out in the form.

         (3)   The Minister may, by notice, require the applicants to supply such further particulars or documents, or to answer such questions, as are specified in the notice.

      (3A)   The approval of a casino operation agreement may be subject to conditions, including a condition requiring the casino operator to provide a reasonable security in relation to the performance of its obligations under the agreement.

         (4)   Where the Minister refuses to approve a proposed casino operation agreement, he or she shall, by notice, inform the applicants of the refusal.

63            Suitability of lessee or operator

         (1)   Before approving an application under subsection 61 (2) or 62 (2), the Minister shall cause an investigation under section 24 to be made in respect of that application and may require the proposed project lessee, the proposed casino lessee or the proposed casino operator, or any other person associated in business with them, to satisfy him or her that the proposed project lessee, the proposed casino lessee or the proposed casino operator, as the case requires, or any such other person, is suitable to undertake, or to be so associated with, the management and operation of the project or casino.

         (2)   For the purposes of considering an application mentioned in subsection (1), the Minister shall have regard, so far as is applicable, to the matters specified in section 55 as if the application were an application for the grant of a casino licence.

         (3)   The Minister shall not approve a project lease, a casino lease or a casino operation agreement if section 55 would operate to prohibit the grant of a casino licence to the proposed project lessee, the proposed casino lessee or the proposed casino operator.

         (4)   The Minister must not approve a project lease unless the proposed project lessee and its directors:

                (a)    have appropriate experience in the successful operation of a casino; and

               (b)    in particular — have a proven capacity to operate a casino successfully, to the recognised Australian standards, in a competitive commercial environment.

         (5)   The Minister must not approve a casino lease unless the proposed casino lessee and its directors:

                (a)    have appropriate experience in the successful operation of a casino; and

               (b)    in particular — have a proven capacity to operate a casino successfully, to the recognised Australian standards, in a competitive commercial environment.

         (6)   The Minister must not approve a casino operation agreement unless the proposed casino operator and its directors:

                (a)    have appropriate experience in the successful operation of a casino; and

               (b)    in particular — have a proven capacity to operate a casino successfully, to the recognised Australian standards, in a competitive commercial environment.

63AA       Project lessee or casino lessee to give notice of certain changes

         (1)   A project lessee or casino lessee must:

                (a)    give notice, in writing, to the Minister of either of the following kinds of change within 7 days after the change:

                          (i)    a person’s becoming an associate of the lessee;

                         (ii)    any change, in relation to the lessee, of any other kind prescribed for this paragraph; and

               (b)    give notice, in writing, to the Minister of any other change in relation to the lessee of a kind prescribed for this paragraph within 14 days after the change.

Penalty:   20 penalty units.

         (2)   For this section, a person is an associate of a project lessee or casino lessee if:

                (a)    the person participates in a partnership, trust, unincorporated joint venture or other arrangement with the lessee for the sharing of profit (whether or not derived from the operations of the casino); or

               (b)    the person is a corporation the directors of which are accustomed to act, or are under an obligation (whether formal or informal) to act, in accordance with the directions, instructions or wishes of the lessee; or

                (c)    the person is a person whose directions, instructions or wishes the lessee is accustomed to comply with, or is under an obligation (whether formal or informal) to comply with; or

               (d)    the person holds a substantial interest, or the person and another person together hold an aggregate substantial interest, in the capital of the lessee; or

                (e)    the person is a corporation in which:

                          (i)    the lessee holds a substantial interest; or

                         (ii)    the lessee and another person together hold an aggregate substantial interest; or

                (f)    the person is the trustee of a trust estate in which:

                          (i)    the lessee holds a substantial interest; or

                         (ii)    the lessee and another person together hold an aggregate substantial interest; or

                (g)    if the lessee is a trustee — the person holds a substantial interest in the trust estate.

         (3)   For paragraph (2) (d):

                (a)    a person is taken to hold a substantial interest in the capital of the lessee if the person, alone or together with an associate or associates, holds 15% or more of the capital; and

               (b)    2 or more persons are taken to hold an aggregate substantial interest in the capital of the lessee if the persons, by themselves or together with an associate or associates, hold, in the aggregate, 40% or more of the capital.

         (4)   For paragraph (2) (e):

                (a)    a person is taken to hold a substantial interest in a corporation if the person, alone or together with any associate or associates of the person:

                          (i)    is in a position to control 15% or more of the voting power in the corporation; or

                         (ii)    holds interests in 15% or more of the issued shares in the corporation; and

               (b)    2 or more persons are taken to hold an aggregate substantial interest in a corporation if they, together with any associate or associates of any of them:

                          (i)    are in a position to control 40% or more of the voting power in the corporation; or

                         (ii)    hold interests in 40% or more of the issued shares in the corporation.

         (5)   For paragraphs (2) (f) and (g):

                (a)    a person is taken to hold a substantial interest in a trust estate if the person, alone or together with an associate or associates, holds a beneficial interest in 15% or more of the corpus or income of the trust estate; and

               (b)    2 or more persons are taken to hold an aggregate substantial interest in a trust estate if the persons, together with an associate or associates, hold, in the aggregate, beneficial interests in 40% or more of the capital or income of the trust estate.

         (6)   If, under the terms of a trust, a trustee has a power or discretion as to the distribution of the income or capital of the trust estate to beneficiaries, each beneficiary is taken, for subsection (4), to hold a beneficial interest in the maximum percentage of income or capital of the trust estate that the trustee is empowered to distribute to that beneficiary.

63A         Casino operator to give notice of certain changes

         (1)   A casino operator must:

                (a)    give notice, in writing, to the Minister of:

                          (i)    a person’s becoming an associate of the operator; or

                         (ii)    any change, in relation to the operator, of any other kind prescribed for the purposes of this paragraph;

                        before the end of 7 days after the change happens; and

               (b)    give notice, in writing, to the Minister of any other change in relation to the operator of a kind prescribed for the purposes of this paragraph before the end of 14 days after the change happens.

Penalty:   20 penalty units.

         (2)   For the purposes of this section, a person is an associate of a casino operator if:

                (a)    the person participates in a partnership, trust, unincorporated joint venture or other arrangement with the operator for the sharing of profit (whether or not derived from the operations of the casino); or

               (b)    the person is a corporation the directors of which are accustomed to act, or are under an obligation (whether formal or informal) to act, in accordance with the directions, instructions or wishes of the operator; or

                (c)    the person is a person whose directions, instructions or wishes the operator is accustomed to comply with, or is under an obligation (whether formal or informal) to comply with; or

               (d)    the person holds a substantial interest, or the person and another person together hold an aggregate substantial interest, in the capital of the operator; or

                (e)    the person is a corporation in which:

                          (i)    the operator holds a substantial interest; or

                         (ii)    the operator and another person together hold an aggregate substantial interest; or

                (f)    the person is the trustee of a trust estate in which:

                          (i)    the operator holds a substantial interest; or

                         (ii)    the operator and another person together hold an aggregate substantial interest; or

                (g)    if the operator is a trustee — the person holds a substantial interest in the trust estate.

      (2A)   For paragraph (2) (d):

                (a)    a person is taken to hold a substantial interest in the capital of the operator if the person, alone or together with an associate or associates, holds at least 15% of the capital; and

               (b)    2 or more persons are taken to hold an aggregate substantial interest in the capital of the operator if the persons, by themselves or together with an associate or associates, hold, in the aggregate, at least 40% of the capital.

         (3)   For the purposes of paragraph (2) (e):

                (a)    a person is taken to hold a substantial interest in a corporation if the person, alone or together with any associate or associates of the person:

                          (i)    is in a position to control not less than 15% of the voting power in the corporation; or

                         (ii)    holds interests in not less than 15% of the issued shares in the corporation; and

               (b)    2 or more persons are taken to hold an aggregate substantial interest in a corporation if they, together with any associate or associates of any of them:

                          (i)    are in a position to control not less than 40% of the voting power in the corporation; or

                         (ii)    hold interests in not less than 40% of the issued shares in the corporation.

         (4)   For the purposes of paragraphs (2) (f) and (g):

                (a)    a person is taken to hold a substantial interest in a trust estate if the person, alone or together with an associate or associates, holds a beneficial interest in not less than 15% of the corpus or income of the trust estate; and

               (b)    2 or more persons are taken to hold an aggregate substantial interest in a trust estate if the persons, together with an associate or associates, hold, in the aggregate, beneficial interests in not less than 40% of the capital or income of the trust estate.

         (5)   If, under the terms of a trust, a trustee has a power or discretion as to the distribution of the income or capital of the trust estate to beneficiaries, each beneficiary is taken, for the purposes of subsection (4), to hold a beneficial interest in the maximum percentage of income or capital of the trust estate that the trustee is empowered to distribute to that beneficiary.

64            Variation of casino lease or casino operation agreement

         (1)   Subject to this Ordinance, the Minister must approve, in writing, an instrument varying in any respect a casino lease, the casino operation agreement or a project lease.

      (1A)   An instrument purporting to vary a casino lease, the casino operation agreement or a project lease has no effect unless approved by the Minister.

         (2)   In considering whether to approve under subsection (1) a proposed variation of a casino lease, casino operation agreement or project lease, the Minister shall have regard to the likely effect of such a variation on the control and operation of the casino.

         (3)   The Minister may, by notice, require a party to a proposed variation of a casino lease, casino operation agreement or project lease to supply him or her with such documents, or to answer such questions, relating to the proposed variation, as are specified in the notice.

      (3A)   The approval of a variation of a casino lease or a casino operation agreement may be subject to conditions, including a condition requiring the casino lessee or casino operator to provide a reasonable security in relation to the performance of its obligations under the lease or agreement as varied.

         (4)   Where the Minister refuses to approve a proposed variation of a casino lease, casino operation agreement or project lease, he or she shall, by notice, inform the parties to the lease or agreement of the refusal.

64A         Appointment of administrator

         (1)   The Minister may appoint a person, in writing, as administrator for the purposes of this section if:

                (a)    a casino operation agreement is terminated; and

               (b)    the Minister is satisfied that it is in the public interest to do so; and

                (c)    the Minister considers that the person is suitable for appointment as administrator.

         (2)   For the purpose of paragraph (1) (c), the Minister must not consider the person suitable unless the Minister is satisfied that:

                (a)    the person has a reputation for sound character and business conduct; and

               (b)    the person is not an employee, officer, auditor, debtor or creditor of the casino licensee or casino operator. 

         (3)   The Minister may ask the Authority to make recommendations regarding a proposed appointment, and must take  into account any recommendations made by the Authority.

         (4)   If the Minister appoints an administrator, the Minister must, by written notice, inform:

                (a)    if the Agreement is in force:

                          (i)    the casino licensee; and

                         (ii)    the developer (if the developer is not the casino licensee); and

                         (iii)    the casino operator; and

                        (iv)    any lessee; or

               (b)    if the Agreement has ceased to be in force:

                          (i)    the casino licensee; and

                         (ii)    the casino operator; and

                         (iii)    any lessee.

         (5)   An administrator may exercise any of the powers the casino operator had under the terminated agreement and must:

                (a)    either:

                          (i)    conduct casino operations in accordance with this Ordinance; or

                         (ii)    appoint some other suitable person, in writing, to so conduct those operations; and

               (b)    protect any rights that the casino operator may have in relation to:

                          (i)    the casino licensee; and

                         (ii)    third persons; and

                (c)    avoid any act that might unreasonably prejudice the rights of third persons, including mortgagees, in relation to the duties and obligations of the casino licensee or casino operator.

         (6)   For the purpose of subparagraph (5) (a) (ii), a person is suitable for appointment to conduct casino operations if section 55 would not prevent the appointment of the person as a casino licensee.

         (7)   In carrying out its functions as administrator, the administrator is subject to:

                (a)    the same conditions (with any necessary modifications) as was the casino operator; and

               (b)    any other conditions imposed by the Minister from time to time.

         (8)   The Minister may ask the Authority to make recommendations regarding appropriate conditions under paragraph (7) (b), and must take into account any recommendations made by the Authority.

         (9)   The appointment of an administrator may be terminated at any time by the Minister by instrument in writing.

64B         Revocation of casino operation agreement

         (1)   The Minister may revoke the Minister’s approval under subsection 62 (1) if:

                (a)    the casino operator is convicted of an offence under this Ordinance; or

               (b)    the operator is convicted of an offence punishable by:

                          (i)    if the operator is a corporation — a fine of $5,000 or more; or

                         (ii)    if the operator is an individual — imprisonment for a period of 6 months or more; or

                (c)    the operator is convicted of an offence against a law of the Territory, or of the Commonwealth, or a State or another Territory, relating to gambling or the operation of a casino; or

               (d)    the operator contravenes a term or condition of the operation agreement; or

                (e)    the operator contravenes a provision of this Ordinance; or

                (f)    the operator contravenes a requirement of the Treasurer in relation to a matter of foreign investment; or

                (g)    the operator contravenes a direction by the Minister or Casino Controller under subsection 108 (1); or

                (h)    the operator supplies to the Minister, or an authorised person, information that is false or misleading in a material particular; or

                 (i)    the operator fails to meets its financial obligations as and when they become due and payable; or

                (j)    proceedings to wind up the operator are instituted; or

               (k)    the Minister is satisfied that the operator, or an associate of the operator, is not, or has ceased to be, a suitable person to be the operator, or to be an associate of the operator, as the case may be, having regard to the matters specified in section 63 so far as those matters apply.

         (2)   If the Minister is satisfied that grounds exist to revoke an approval, the Minister must:

                (a)    by notice in writing given to the person concerned, require:

                          (i)    the casino licensee;

                         (ii)    the developer;

                         (iii)    the casino operator;

                        (iv)    any lessee; and

               (b)    by notice published in the Gazette, invite any other person who has a relevant interest in the licence;

to show cause, within a specified period of at least 21 days after giving or publishing (as the case may be) the notice, why the approval should not be revoked.

         (3)   A notice under subsection (2) must set out briefly the grounds for revocation.

         (4)   If the Minister, after considering submissions made in response to a notice under subsection (2), is satisfied that revocation is not warranted, the Minister:

                (a)    may issue a letter cautioning the operator; or

               (b)    may give, by notice in writing, any directions that the Minister thinks appropriate.

         (5)   If a direction given by the Minister under paragraph (4) (b) is not complied with within:

                (a)    if the notice specifies a period for compliance — the period so specified; or

               (b)    if the notice does not specify a period for compliance — a reasonable period;

the Minister may revoke the approval.

         (6)   Revocation of an approval under this section does not take effect until the Minister has given the operator written notice of the revocation.

         (7)   For the purpose of considering:

                (a)    under subsection (2) — whether a ground exists for the revocation of an approval; or

               (b)    under subsection (4) — whether revocation is warranted;

the Minister must have regard to any recommendation concerning the matter made by the Authority.

         (8)   If an approval is revoked under this section, the revocation does not give rise to:

                (a)    the incurring of liability for breach of contract by a person that was a party to the relevant agreement; or

               (b)    the incurring of liability by the Commonwealth.


 

Part VII               Prescribed contracts

  

65            Prescribed contracts

         (1)   Subject to this Ordinance, the Minister must approve, in writing, an instrument that is, or varies, a prescribed contract.

      (1A)   An instrument purporting to be, or vary, a prescribed contract has no effect unless approved by the Minister.

         (2)   An application for approval under subsection (1) may be made, in a form approved by the Minister, by any party to a prescribed contract that is proposed to be entered into or varied and shall be accompanied by:

                (a)    a draft of the proposed contract or of the contract as proposed to be varied, as the case requires; and

               (b)    any other particulars relevant to the approval as are required by the form of application to be set out in that form.

         (3)   The Minister may, by notice, require any party to a prescribed contract that is proposed to be entered into, or varied, to supply such further particulars or documents, or to answer such questions, as are specified in the notice.

         (4)   For the purpose of deciding whether to approve a proposed prescribed contract or a proposed variation of a prescribed contract, the Minister shall have regard to any recommendation made by the Authority concerning the suitability of a party to that proposed contract, or that contract, as the case may be, to enter into that proposed contract or that contract.

         (5)   Where the Minister refuses to approve a proposed prescribed contract or a proposed variation of a prescribed contract, he or she shall, by notice, inform the applicants of the refusal.

66            Termination of prescribed contracts

         (1)   Where the Minister considers that it may not be in the public interest for a prescribed contract to remain in force (whether or not the Minister has given approval under subsection 65 (1) in respect of the contract), the Minister shall give to each person who is a party to the contract a notice requiring the person to show cause, within 14 days after the receipt by the person of the notice, why the contract should not be terminated.

         (2)   A notice given under subsection (1) in respect of a prescribed contract:

                (a)    shall set out briefly the reason why the Minister considers that it may not be in the public interest for the contract to remain in force; and

               (b)    may require that any response to the notice be made in writing or orally or both in writing and orally.

         (3)   Where, in relation to a notice given under subsection (1) in respect of a prescribed contract:

                (a)    the Minister considers that a response made to the notice shows satisfactory cause why the contract should not be terminated — the Minister shall not terminate the contract;

               (b)    the Minister considers that it is not in the public interest for a prescribed contract to remain in force and either:

                          (i)    no response is made to the notice; or

                         (ii)    the Minister considers that the responses made to the notice do not show a satisfactory cause why the contract should not be terminated;

the Minister shall, by notice given to each person who is a party to the contract, terminate the contract with effect from the beginning or a day specified in the notice.

         (4)   For the purpose of deciding:

                (a)    whether to give a notice under subsection 66 (1);

               (b)    whether a response made to such a notice shows satisfactory cause why a prescribed contract should not be terminated;

                (c)    whether it is in the public interest for a prescribed contract to remain in force;

the Minister shall have regard to any recommendation concerning the matter made to him or her by the Authority.

67            Effect of termination

                Where a prescribed contract is terminated under section 66:

                (a)    no liability for breach of the contract because of that termination is incurred by a person who was a party to the contract; and

               (b)    the Commonwealth does not incur any liability because of that termination.


 

Part VIII              Operation of casino

  

68            Maintenance of facilities etc

                The casino operator shall:

                (a)    maintain the facilities and amenities of the casino in a condition that will promote the satisfaction of patrons;

               (b)    ensure that the casino is at all times properly and competently conducted;

                (c)    keep all gaming equipment and chips in good condition; and

               (d)    ensure that all appropriate casino installations, equipment and procedures for security are properly and competently tested, used, operated and applied.

69            Approval of location and layout

         (1)   The developer or the casino operator shall apply in writing to the Casino Controller for approval of plans and diagrams of the casino in relation to:

                (a)    the location and layout of the gaming room or rooms, the places for keeping money or chips, placement of gaming tables and associated gaming facilities;

               (b)    reception, office and working spaces;

                (c)    bar and lounge areas and any other facilities or amenities intended for the use of patrons; and

               (d)    systems of communication, surveillance and security including the manner in which any closed circuit telephone system operates in the casino, the position and coverage of the cameras and viewing screens, the height of the cameras above the gaming tables and the position of any catwalk surveillance system for direct visual monitoring of operations in the casino.

         (2)   The Casino Controller shall not approve plans and diagrams referred to in subsection (1) unless he or she is satisfied that, for the purposes of security, the security surveillance systems and orderly gaming:

                (a)    the casino is sufficiently separated from other facilities of the project;

               (b)    entry control in respect of the casino will not be affected by users of other facilities of the project;

                (c)    users of other facilities of the project will not be able to gain entry to the casino without being subject to entry control;

               (d)    the location or layout of the casino does not intrude upon the remainder of the project;

                (e)    the location or layout of the casino will not impede or inhibit access by a person to any other part of the project; and

                (f)    the principal bar facilities of the project are not located in the casino.

         (3)   The Casino Controller may, by notice, require the applicant to supply to him or her such additional information or documents, or to answer such questions, as are specified in the notice.

         (4)   Where the Casino Controller refuses to approve plans and diagrams of the casino, he or she shall, by notice, inform the casino operator of the refusal and of the grounds for the refusal.

         (5)   The casino shall not be operated otherwise than in accordance with plans and diagrams approved by the Casino Controller under this Part.

Penalty: 

                (a)    if the offender is a body corporate — a fine not exceeding $10,000; or

               (b)    if the offender is a natural person — a fine not exceeding $2,000.

70            Variation of location or layout

         (1)   Where it is proposed to vary plans and diagrams approved under section 69, the casino operator shall submit, for the approval of the Casino Controller, plans and diagrams of the proposed variation.

         (2)   The casino operator shall not implement any variation of the plans and diagrams of the casino unless the Casino Controller has approved the variation.

Penalty:   

                (a)    if the offender is a body corporate — a fine not exceeding $10,000; or

               (b)    if the offender is a natural person — a fine not exceeding $2,000.

         (3)   Subsection 69 (2) applies in relation to plans and diagrams of a proposed variation mentioned in subsection (1) as if they were plans and diagrams mentioned in subsection 69 (1).

         (4)   Where the Casino Controller refuses to approve a variation of plans and diagrams of the casino, he or she shall, by notice, inform the casino operator of the refusal and of the grounds for the refusal.

71            Entry control

         (1)   A person does not have a right as against the casino licensee, casino operator or manager to enter, or remain in, the casino.

         (2)   The regulations may prescribe, in relation to members of the public, conditions for entering, and remaining in, the casino.

         (3)   A person shall not enter the casino during the hours of operation of the casino if he or she is under the age of 18 years.

Penalty:   a fine not exceeding $1,000.

         (4)   A person other than a police offer in uniform shall not enter the casino during the hours of operation of the casino if he or she:

                (a)    refuses, or fails, to produce, on request by a casino employee, evidence that he or she is over the age of 18 years;

               (b)    is requested by a casino employee not to enter the casino on the ground that he or she:

                          (i)    has at any time contravened a rule of gaming, or a rule of conduct, in force in the casino; or

                         (ii)    may not, by reason of a condition mentioned in subsection (2), enter or be in, the casino; or

                (c)    has been directed, in writing or otherwise, by the casino operator or a police officer not to enter the casino.

         (5)   A person other than a police officer in uniform shall not remain in the casino during the hours of operation of the casino if he or she:

                (a)    refuses, or fails, to produce, on request by a casino employee, evidence that he or she is over the age of 18 years;

               (b)    is requested by a casino employee to leave the casino on the grounds that he or she:

                          (i)    appears to be cheating, or attempting to cheat, in the casino;

                         (ii)    appears not to understand fully the nature or consequences of gaming as it relates to the application of the approved rules of authorised games or the potential for financial loss;

                         (iii)    appears to be under the influence of alcohol or a drug to the extent that the person could not reasonably be expected to exercise rational judgment while playing an authorised game;

                        (iv)    appears to be under the influence of alcohol or a drug to the extent that the person is affecting the orderly functioning of the operations of the casino; or

                         (v)    has previously contravened the approved rules of an authorised game or rules of conduct in force in the casino; or

                (c)    has been directed, in writing or otherwise, by the casino operator or a police officer to leave the casino.

         (6)   A person who is:

                (a)    a police officer;

               (b)    for the time being in charge of the casino; or

                (c)    an agent or employee of the casino licensee, casino operator or manager;

may, with such assistance, and such force, as is necessary and reasonable:

               (d)    cause another person, who under subsection (3), (4) or (5) or the regulations may not enter, or remain in, the casino:

                          (i)    to be prevented from entering the casino; or

                         (ii)    to be removed promptly from the casino;

                        as the case requires; or

                (e)    cause such other person mentioned in paragraph (d) who is causing a disturbance, or refuses to leave the casino, to be removed from the project.

         (7)   This section does not affect the operation of any other law of the Territory.

         (8)   This section does not authorise the exclusion from the casino of an authorised person or a person referred to in subparagraph 8 (1) (f) (iii) or paragraph 9 (7) (b).

72            Casino operator not to admit certain persons

                The casino operator shall not, knowingly or recklessly, permit a person to enter, or be in, the casino if the person:

                (a)    is under the age of 18 years;

               (b)    appears not to understand fully that gaming involves the risk of financial loss;

                (c)    appears to be under the influence of alcohol or a drug to the extent that the person could not reasonably be expected to exercise rational judgment while playing an authorised game; or

               (d)    appears to be under the influence of alcohol or a drug to such a degree that he or she does not understand fully that gaming involves the risk of financial loss.

Penalty:   

                (a)    if the offender is a body corporate — a fine not exceeding $10,000; or

               (b)    if the offender is a natural person — a fine not exceeding $2,000.

73            Operating times

         (1)   Subject to subsection 74 (1), the casino shall not be operated otherwise than in accordance with a schedule of operating times, or such a schedule as varied in accordance with subsection (4), approved by the Casino Controller.

Penalty:   

                (a)    if the offender is a body corporate — a fine not exceeding $10,000; or

               (b)    if the offender is a natural person — a fine not exceeding $2,000.

         (2)   The casino operator shall submit, for the approval of the Casino Controller, a schedule of operating times for the casino, setting out the days on which, and hours during which, it is proposed to operate the casino.

         (3)   The Casino Controller may approve the schedule of operating times as submitted or with such variations or subject to such conditions as he or she thinks fit.

         (4)   The casino operator shall submit, for the approval of the Casino Controller, any proposed variation to the schedule of operating times and the Casino Controller may deal with the proposed variation as if it were a proposed schedule of operating times.

         (5)   The Public Holidays Ordinance 1981 does not have the effect of limiting the days on which the casino may be operated.

74            Operating times: variation

         (1)   The Casino Controller may at any time, by notice given to the casino operator, require the casino operator to vary the schedule of operating times for the casino in the manner, and on and from a date, specified in the notice.

         (2)   The casino operator shall not operate the casino otherwise than in accordance with a requirement specified in any notice given under subsection (1).

Penalty:   

                (a)    if the offender is a body corporate — a fine not exceeding $10,000; or

               (b)    if the offender is a natural person — a fine not exceeding $2,000.

75            Authorised games and rules

         (1)   Subject to this section, the Minister may, by notice given to the casino operator and published in the Gazette, declare a game to be an authorised game for the purposes of this Ordinance.

         (2)   The Minister may, at any time, by notice given to the casino operator, specify any restriction or condition, that is to be applicable to the playing of an authorised game, that he or she thinks fit.

         (3)   The Minister shall not declare a game to be an authorised game under this section unless he or she has, by notice given to the casino operator, approved the rules under which that game is to be played.

         (4)   Rules of an authorised game that are approved under subsection (3) shall, subject to subsection (5), be taken to be the approved rules of the game for the purposes of this Ordinance.

         (5)   The Minister may at any time, by notice to the casino operator, alter the approved rules of a game and, on receipt of the notice by the casino operator, the approved rules of that game shall be taken to be altered accordingly.

         (6)   The reference in subsection (5) to an alteration of the approved rules of a game shall be read as including a reference to an omission from, or an addition to, those rules.

      (6A)   The Minister may make approval of the rules of a game conditional on those rules being drafted or altered by a person, or a person of a kind, specified by the Minister.

      (6B)   The Minister may recover from the casino operator any costs reasonably incurred by the Minister in relation to the drafting of rules, or an alteration, under subsection (6A).

      (6C)   An amount that the casino operator is liable to pay under subsection (6B) is recoverable as a debt due to the Commonwealth.

         (7)   For the purpose of deciding:

                (a)    whether to declare a game to be an authorised game;

               (b)    to specify any restriction or condition that is to be applicable to the playing of an authorised game;

                (c)    to approve the rules under which an authorised game is to be played; or

               (d)    whether to alter the approved rules of an authorised game;

the Minister shall have regard to any recommendation concerning the matter made to him or her by the Authority at the request in writing of the Minister.

         (8)   The casino operator shall not permit an authorised game to be conducted in the casino otherwise than in accordance with the approved rules for that game and in accordance with any restriction or condition specified in a notice under subsection (2) in respect of that game.

Penalty:   

                (a)    if the offender is a body corporate — a fine not exceeding $25,000; or

               (b)    if the offender is a natural person — a fine not exceeding $5,000.

         (9)   The casino operator shall ensure that printed copies of the rules of each authorised game conducted in the casino are freely available to patrons of the casino.

76            Approved games

         (1)   Subject to this section, the Authority may, by notice published in the Gazette, declare an authorised game to be an approved game for the purposes of paragraph 79 (2) (a).

         (2)   The Authority may, at any time, by notice given to the casino operator, specify any restriction or condition that is to be applicable to the playing of an approved game by a casino employee, that it thinks fit.

         (3)   The casino operator shall ensure that any approved game played by a casino employee is to played in accordance with any restriction or condition specified in a notice under subsection (2) in respect of that game.

77            Gaming equipment and chips

         (1)   A person shall not possess gaming equipment outside the casino without the consent of the Casino Controller.

         (2)   A person shall not exhibit, or possess, gaming equipment or chips in the casino other than gaming equipment and chips approved by the Authority.

         (3)   A person who, without reasonable excuse, contravenes subsection (1) or (2) is guilty of an offence punishable, on conviction, by a fine not exceeding:

                (a)    if the offender is a body corporate — $10,000; or

               (b)    if the offender is a natural person — $2,000 or 12 months imprisonment, or both.

         (4)   The Authority may approve gaming equipment and chips for use in the casino.

78            Conduct of gaming

                   The casino operator:

                (a)    shall cause all playing cards dealt in the course of gaming in the casino to be dealt from a card shoe;

               (b)    shall not issue, or cause or permit to be issued, any chips for gaming in the casino unless the chips are paid for:

                          (i)    in money:

                                   (A)     of a value equivalent to the face value of the chips; or

                                   (B)     if the chips are issued for use only in a particular game — in accordance with the rules of the game; or

                         (ii)    by a chip purchase voucher;

                (c)    shall not permit gaming wagers to be placed in the casino otherwise than by means of chips unless the rules of the game require, or provide for, the placing of wagers in money;

               (d)    shall cause all wagers won in the course of gaming in the casino to be paid for in full without deduction of any commission or levy other than a commission or levy provided for in the rules of the game;

                (e)    shall, during the times the casino is open to the public for gaming, cause:

                          (i)    chip purchase vouchers to be exchanged for chips;

                         (ii)    chips to be exchanged for other chips; or

                         (iii)    chips, or chip purchase vouchers, to be redeemed:

                                   (A)     for money of a value equivalent to the face value of the chips or chip purchase vouchers; or

                                   (B)     in the case of chips referred to in sub-subparagraph (b) (i) (B) — in accordance with the rules of the game;

at the request of a patron of the casino;

                (f)    shall, when the casino is open to the public for gaming, on request by a patron of the casino, cause chips, or chip purchase vouchers, to be redeemed for a cheque drawn on a bank approved by the Casino Controller; and

                (g)    shall not require any deposit, charge, commission or levy (whether directly or indirectly and whether or not it is claimed to be refundable) to be paid by a person to enter the casino or, except as may be provided by the rules of a game, to take part in gaming in the casino.

Penalty:   

                (a)    if the offender is a body corporate — a fine not exceeding $25,000;

               (b)    if the offender is a natural person — a fine not exceeding $5,000.

79            Gaming by certain persons prohibited

         (1)   An authorised person shall not play a game in the casino except to the extent that it may be necessary or reasonable to do so in the exercise of his or her functions.

         (2)   A casino employee shall not:

                (a)    except in the performance, on behalf of the casino operator, of the functions of a croupier, play in the casino a game other than an approved game; or

               (b)    solicit or accept any gratuity, consideration or other benefit or advantage from a patron in the casino.

Penalty:   a fine not exceeding $2,000 or imprisonment for 12 months, or both.

80            Cheating

         (1)   A person shall not, in the casino:

                (a)    by a trick, device, sleight of hand or representation;

               (b)    by a scheme or practice; or

                (c)    by the use of gaming equipment or any other thing;

dishonestly obtain for himself or herself or another person, or induce a person to deliver, give or credit to him or her or another person, any money, chips, benefit, advantage, valuable consideration or security.

Penalty:   a fine not exceeding $10,000 or imprisonment for 5 years, or both.

         (2)   A person shall not use, or have in his or her possession, in the casino:

                (a)    chips that he or she knows are bogus or counterfeit chips;

               (b)    cards, dice or coins that he or she knows have been marked, loaded or tampered with; or

                (c)    for the purposes of cheating or stealing — any equipment, device or thing that permits or facilitates cheating or stealing.

Penalty:   a fine not exceeding $5,000 or imprisonment for 2 years, or both.

         (3)   In so far as subsection (2) prohibits the possession in the casino of any thing mentioned in paragraph (2) (a), (b) or (c), the prohibition does not extend to the possession of the thing by a person in charge of the casino, an agent or employee of the casino operator, an inspector, or a police officer, if that thing has been seized by any of those persons from anther person because it is forfeited under subsection 13 (1) or for use as evidence in proceedings for any offence.

81            Detention of suspected person

         (1)   Where:

                (a)    the person for the time being in charge of the casino;

               (b)    an agent or employee of the casino operator; or

                (c)    an inspector;

suspects on reasonable grounds that a person in the casino is contravening, or attempting to contravene, a provision of this Ordinance, the person in charge, agent, employee or inspector may detain the suspected person in a suitable place in the casino until the arrival at the place of detention of a police officer.

         (2)   A person may not be detained under this section unless:

                (a)    no more force is used than is reasonable and necessary in the circumstances;

               (b)    the person detained is informed of the reasons for the detention; and

                (c)    the person effecting the detention immediately notifies a police officer of the detention and the reasons for the detention.

82            Restriction on credit

                The casino operator or a casino employee shall not, in relation to gaming in the casino:

                (a)    extend credit in the form of a chip purchase voucher or in any other form to any person;

               (b)    issue a credit card to any person;

                (c)    accept a credit wager from any person;

               (d)    provide cash or chips to any person upon a blank cheque;

                (e)    make a loan to any person; or

                (f)    wholly or partly release a debt due to the casino operator;

without the approval of the Casino Controller.

Penalty:   

                (a)    if the offender is a body corporate — a fine not exceeding $25,000; or

               (b)    if the offender is a natural person — a fine not exceeding $5,000 or imprisonment for 2 years, or both.

83            Cheques

         (1)   Subject to this section, the casino operator shall not accept any cheque other than:

                (a)    a traveller’s cheque; or

               (b)    a cheque:

                          (i)    drawn on a bank and payable on demand;

                         (ii)    drawn on a personal cheque form;

                         (iii)    drawn for a specified amount;

                        (iv)    payable to the casino operator; and

                         (v)    that is dated and not post-dated.

Penalty:   

                (a)    if the offender is a body corporate — a fine not exceeding $5,000; or

               (b)    if the offender is a natural person — a fine not exceeding $1,000.

         (2)   The casino licensee shall, in relation to a cheque accepted by the licensee that has not been redeemed under section 84, present the cheque for payment within 20 days.

Penalty:   

                (a)    if the offender is a body corporate — a fine not exceeding $25,000; or

               (b)    if the offender is a natural person — a fine not exceeding $5,000.

         (3)   Subject to section 82, the casino operator may establish for a natural person a deposit account to which is to be credited the amount of any money or cheque deposited with the casino operator.

         (4)   Where a deposit account is opened under subsection (3), the casino operator shall not permit:

                (a)    a deposit to be made to the account, or a withdrawal to be made from the account, otherwise than by the person who opened the account;

               (b)    money to be transferred to the account otherwise than from another account in the name of that person; or

                (c)    money to be transferred from the account otherwise than to another account in the name of that person.

Penalty:   

                (a)    if the offender is a body corporate — a fine not exceeding $10,000; or

               (b)    if the offender is a natural person — a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months, or both.

         (5)   Subject to section 82, the casino operator may issue to a person who establishes a deposit account, and debit to the account:

                (a)    chips;

               (b)    chip purchase vouchers;

                (c)    money; or

               (d)    a cheque;

not exceeding in total value the amount standing to the credit of the account at the time of issue of the chips, chip purchase vouchers, money or cheque.

         (6)   Subject to section 82, the casino operator may issue to a person who establishes a deposit account a debit card for use in operating that account.

         (7)   Nothing in this section shall be taken to require the casino operator to cash a cheque at the request of any person.

         (8)   The casino operator shall not accept or cash a cheque at the request of any person if any previous cheque received by the casino operator from that person has been dishonoured and the debt so incurred has not been discharged or released.

Penalty:   

                (a)    if the offender is a body corporate — a fine not exceeding $10,000; or

               (b)    if the offender is a natural person — a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months, or both.

84            Redemption of cheques

                A person may, with the agreement of the casino operator, redeem any cheque accepted from him or her by the casino operator by presenting at the cash desk of the casino:

                (a)    money;

               (b)    chips; or

                (c)    where more than one cheque is being redeemed — a consolidating cheque;

to the amount, or value equivalent to the amount, of the cheque or cheques to be redeemed.

85            Credit cards

                Nothing in this Ordinance shall be taken:

                (a)    to prohibit the casino operator from providing money to a patron of the casino as part of a credit card transaction where the credit card was not issued by the casino operator; or

               (b)    to require the casino operator to provide a patron of the casino with money as part of a credit card transaction.

86            Proceedings etc in relation to gaming

         (1)   Despite any law in force in the Territory, an action lies at the suit of the casino operator to recover the amount of a cheque drawn in respect of a gaming debt incurred in the casino and subsequently dishonoured.

         (2)   The casino operator shall not assign to a third party the whole or any part of a gaming debt incurred in the casino by a person, being a debt owed upon the dishonour of a cheque drawn by that person and accepted by the casino operator.

Penalty:  

                (a)    if the offender is a body corporate — a fine not exceeding $5,000; or

               (b)    if the offender is a natural person — a fine not exceeding $1,000 or imprisonment for 6 months, or both.

         (3)   An action lies against the casino operator to recover:

                (a)    money won at gaming in the casino; or

               (b)    the amount of a cheque that was given by the casino operator in payment of money so won and was subsequently dishonoured.


 

Part IX                Accounting

  

87            Banking

         (1)   Except as otherwise authorised, in writing, by the Minister, the casino operator must maintain separate bank accounts, as approved by the Casino Controller, at a bank, or banks, in the Territory for use for all banking transactions arising in relation to the operation of the casino or the casino operation agreement.

      (1A)   A person who, without reasonable excuse, contravenes subsection (1) is guilty of an offence punishable, on conviction:

                (a)    if the offender is a corporation — by a fine not exceeding $10,000; or

               (b)    if the offender is an individual — by a fine not exceeding $2,000, or 12 months imprisonment, or both.

         (2)   The Casino Controller may, by notice to a bank mentioned in subsection (1), require the bank to give a specified inspector, on the day and at a time specified in the notice during the bank’s normal business hours, access to a statement of an account mentioned in that subsection and such other particulars relating to the account as are specified in the notice.

         (3)   The Casino Controller may, by notice to a bank mentioned in subsection (1), require the bank, within 30 days after receiving the notice, to give a specified inspector a copy of a statement of an account mentioned in that subsection.

         (4)   A bank that, without reasonable excuse, fails to comply with a requirement under subsection (2) or (3) is guilty of an offence punishable, on conviction, by a fine not exceeding $10,000.

         (5)   Where under subsection (2) an inspector may have access to a statement of an account, the inspector may also make a copy of, or take extracts from, the statement.

88            Proper accounts, records and accounting system

                The casino operator shall:

                (a)    cause to be kept proper accounts and records of the transactions and affairs of the casino operator in accordance with the accounting principles generally applied in commercial practice; and

               (b)    do all things necessary to ensure that:

                          (i)    payments out of the moneys of the casino operator are correctly made and properly authorised;

                         (ii)    adequate control is maintained over the incurring of liabilities by the casino operator; and

                         (iii)    adequate control is maintained over the assets of, or in the custody of, the casino operator.

89            Accounts and annual report

         (1)   The casino operator shall, as soon as practicable but not later than 90 days after the end of the financial year determined under the casino operation agreement, lodge with the Casino Controller financial statements and accounts in a form approved by the Minister, including:

                (a)    trading accounts, where applicable, for the financial year;

               (b)    profit and loss accounts for the financial year; and

                (c)    a balance-sheet as at the end of the financial year;

that give a true and fair view of the financial operations of the casino operator in relation to the operation of the casino.

Penalty:

                (a)    if the offender is a body corporate — a fine not exceeding $5,000; or

               (b)    if the offender is a natural person — a fine not exceeding $1,000 or imprisonment for 6 months, or both.

         (2)   As soon as practicable after receipt under subsection (1) of financial statements and accounts for a financial year but not later than 6 months after the end of the financial year, the Casino Controller shall submit to the Minister an annual report on the operations of the casino and on the exercise of his or her functions.

90            Audit

         (1)   The casino operator shall, as soon as practicable after the end of the financial year determined under the casino operation agreement, cause the books, accounts and financial statements of the casino operator in relation to the casino to be audited by a person approved by the Casino Controller.

         (2)   The casino operator shall cause an auditor’s report under subsection (1) to be lodged with the Casino Controller as soon as practicable after the end of the financial year to which the report relates.

         (3)   A person who, without reasonable excuse, contravenes subsection (1) or (2) is guilty of an offence punishable, on conviction, by a fine not exceeding:

                (a)    if the offender is a body corporate — $5,000; or

               (b)    if the offender is a natural person — $1,000 or 6 months imprisonment, or both.

91            Retention of records

         (1)   The casino operator shall keep in the casino all records relating to transactions less than 7 years old that relate to the casino operation agreement or the operation of the casino.

         (2)   An offence against subsection (1) is punishable, upon conviction, by:

                (a)    if the offender is a body corporate — a fine not exceeding $10,000;

               (b)    if the offender is a natural person — a fine not exceeding $2,000.


 

Part X                 Casino employees’ licences

  

92            Key employees

         (1)   The casino operator is, in respect of each day during any part of which the casino operator permits a person who does not hold a key employee’s licence or a provisional key employee’s licence to work in or outside the Territory in relation to the casino as a key employee, guilty of an offence punishable on conviction by:

                (a)    if the offender is a body corporate — a fine not exceeding $2,500; or

               (b)    if the offender is a natural person — a fine not exceeding $500.

         (2)   A person who does not hold a key employee’s licence or a provisional key employee’s licence is, in respect of each day during any part of which he or she works in or outside the Territory in relation to the casino as a key employee, guilty of an offence punishable on conviction by a fine not exceeding $500.

         (3)   The casino operator shall not knowingly permit a person who holds a key employee’s licence or a provisional key employee’s licence to work in or outside the Territory in relation to the casino during a period during which the person contravenes a condition of the licence.

Penalty:

                (a)    if the offender is a body corporate — a fine not exceeding $10,000; or

               (b)    if the offender is a natural person — a fine not exceeding $2,000.

         (4)   A person who holds a key employee’s licence or a provisional key employee’s licence shall not work in relation to the casino during a period during which he or she contravenes a condition of the licence.

Penalty:   a fine not exceeding $2,000.

93            Operations employees

         (1)   The casino operator is, in respect of each day during any part of which the casino operator knowingly permits a person who does not hold an operations employee’s licence or a provisional operations employee’s licence to work in or outside the Territory in relation to the casino as an operations employee, guilty of an offence punishable on conviction by:

                (a)    if the offender is a body corporate — a fine not exceeding $1,000; or

               (b)    if the offender is a natural person — a fine not exceeding $200.

         (2)   A person who does not hold an operations employee’s licence or a provisional operations employee’s licence is, in respect of each day during any part of which he or she works in or outside the Territory in relation to the casino as an operations employee, guilty of an offence punishable on conviction by a fine not exceeding $200.

         (3)   The casino operator shall not permit a person who holds an operations employee’s licence or a provisional operations employee’s licence to work in or outside the Territory in relation to the casino during a period during which the person contravenes a condition of the licence.

Penalty:

                (a)    if the offender is a body corporate — a fine not exceeding $5,000; or

               (b)    if the offender is a natural person — a fine not exceeding $1,000.

         (4)   A person who holds an operations employee’s licence or a provisional operations employee’s licence shall not work in or outside the Territory in relation to the casino during a period during which he or she contravenes a condition of his or her licence.

Penalty:   a fine not exceeding $1,000.

94            Casino employees’ licences

         (1)   A key employee’s licence shall not be granted to a person:

                (a)    who is under 18 years of age; or

                (c)    who is within a class of persons prescribed for the purposes of this paragraph.

         (2)   An operations employee’s licence shall not be granted to a person:

                (a)    who is under 18 years of age; or

                (c)    who is within a class of persons prescribed for the purposes of this paragraph.

95            Application for casino employee’s licence

         (1)   An application by a person for a key employee’s licence or an operations employee’s licence shall:

                (a)    be in a form approved by the Authority in respect of the class of licence applied for;

               (b)    set out the functions that the person proposes to perform in relation to the casino;

                (c)    be lodged with the Casino Controller; and

               (d)    be accompanied by:

                          (i)    the prescribed fee (if any);

                         (ii)    any documents that may be prescribed;

                         (iii)    any documents that the form of application specifies are documents that are to accompany the application;

                        (iv)    the imprints of the fingers and the palms of both hands of the applicant;

                         (v)    a photograph of the face of the applicant; and

                        (vi)    any other particulars relevant to the application that are requested in the form.

         (2)   The form of application by a person for a key employee’s licence or an operations employee’s licence may require that the truth of any information set out in the application be verified by statutory declaration.

96            Finger prints and photograph to be destroyed in some circumstances

                Where:

                (a)    an application by a person for a casino employee’s licence is refused; or

               (b)    the employee’s licence held by a person is surrendered or cancelled;

the Authority shall cause to be destroyed:

                (c)    the imprint of the finger prints and palm prints that accompanied that application or the application for that licence, as the case may be;

               (d)    the photograph of that person that accompanied that application or the application for that licence; and

                (e)    any copy of that imprint, or those imprints, and of that photograph, that is in his or her possession or control.

97            Change in particulars set out in an application for casino employee’s licence

                Where, before an application for a key employee’s licence or an operations employee’s licence is determined, or while such a licence is in force, a change occurs in a matter set out in the application or in any documents lodged with the application for the licence, the applicant or holder shall, as soon as practicable, give the Casino Controller notice of particulars of the change verified, if the Casino Controller so requires, by statutory declaration.

Penalty:   a fine not exceeding $2,000.

98            Authority may require further information

         (1)   The Authority may, by notice, require the casino operator or the applicant for a key employee’s licence or an operations employee’s licence, or any person whose association with the applicant is in the opinion of the Authority relevant to the application:

                (a)    to give, in accordance with directions in the notice, such information, verified, if the Authority so requires, by statutory declaration, as is relevant to investigation of the application and is specified in the notice;

               (b)    to produce, in accordance with directions in the notice, such records, or classes of records, as are relevant to investigation of the application and are specified in the notice;

                (c)    to permit examination of such records, the taking of extracts from such records and the making of copies of such records; or

               (d)    to authorise another person to comply with a requirement to which paragraph (a), (b) or (c) applies.

         (2)   Where a requirement made under subsection (1) in relation to an application for a key employee’s licence or an operations employee’s licence is not complied with, the Authority may refuse to issue the licence to the applicant.

99            Issue of casino employee’s licence

         (1)   The Authority, having caused to be made such investigations of an application for a key employee’s licence or an operations employee’s licence as it thinks fit, having satisfied itself that the applicant is a fit and proper person to hold, and is not disqualified under this Ordinance from holding, the licence applied for and having regard to any matters prescribed for the purposes of this subsection, shall:

                (a)    issue to the applicant the licence applied for;

               (b)    with the consent in writing of the applicant, issue to the applicant a licence that permits the applicant to perform in relation to the casino functions other than the functions set out in that application; or

                (c)    refuse to issue the licence to the applicant.

         (2)   Where the Authority refuses to issue a key employee’s licence or an operations employee’s licence, it shall, as soon as practicable, cause the applicant and the casino operator to be notified given notice of the refusal.

         (3)   A key employee’s licence or an operations employee’s licence shall:

                (a)    set out the functions that the holder of the licence may perform in relation to the casino; and

               (b)    be in a form approved by the Authority.

100         Conditions of casino employee’s licence

         (1)   A key employee’s licence or an operations employee’s licence is subject to:

                (a)    any prescribed conditions applicable to the class of that licence;

               (b)    any conditions set out in the licence; and

                (c)    any conditions imposed by the Authority during the currency of the licence and notified to the licensee and the casino operator by instrument.

         (2)   A condition mentioned in paragraph (1) (b) or (c) may be a condition that is applicable to only one holder of a key employee’s licence or an operations employee’s licence.

         (3)   A condition of a key employee’s licence or an operations employee’s licence, other than a prescribed condition, may be varied or revoked by the Authority whether or not an application to that effect is made to the Authority by the licensee or the casino operator.

101         Provisional casino employee’s licence

         (1)   In such circumstances as the Minister may from time to time determine by instrument, or in any particular case approved by the Minister, the Casino Controller may, pending issue of a key employee’s licence or an operations employee’s licence, issue to the applicant for that licence a provisional key employee’s licence or a provisional operations employee’s licence, as the case requires, in a form approved by the Casino Controller.

         (2)   A provisional key employee’s licence or a provisional operations employee’s licence is subject to:

                (a)    any prescribed conditions applicable to that class of licence; and

               (b)    any conditions set out in the licence.

         (3)   A condition mentioned in paragraph (2) (b) may be a condition that is applicable to only one holder of a key employee’s licence or an operations employee’s licence.

         (4)   A provisional key employee’s licence or a provisional operations employee’s licence may be cancelled by the Casino Controller:

                (a)    upon giving to the holder of the licence 14 days notice; or

               (b)    with the consent in writing of the Minister — upon giving notice to the holder of the licence.

         (5)   A provisional key employee’s licence or a provisional operations employee’s licence ceases to have effect:

                (a)    upon expiration of the 14 days mentioned in paragraph (4) (a);

               (b)    upon receipt by the holder of the licence of a notice mentioned in paragraph (4) (b);

                (c)    upon issue of a key employee’s licence or an operations employee’s licence to the holder of that provisional licence;

               (d)    upon surrender of the provisional licence to the Casino Controller;

                (e)    upon the expiration of 3 months after issue of the provisional licence; or

                (f)    upon the death of the licensee;

whichever event first occurs.

102         Duration of a casino employee’s licence other than a provisional licence

         (1)   A key employee’s licence or an operations employee’s licence ceases to have effect:

                (a)    upon cancellation of the licence;

               (b)    upon surrender of the licence to the Casino Controller;

                (c)    upon the expiration of 12 months after issue of the licence; or

               (d)    upon the death of the licensee;

whichever event first occurs.

         (2)   Where an application for a new key employee’s licence or a new operations employee’s licence is made by the holder of an old key employee’s licence or an old operations employee’s licence (not being a provisional licence):

                (a)    not earlier than 1 month before the time at which that old licence would, but for this subsection, cease to have effect under paragraph (1) (c); and

               (b)    not later than the time mentioned in paragraph (a);

in a form approved by the Casino Controller and accompanied by the prescribed fee (if any):

                (c)    that old licence continues in force, subject to paragraphs (1) (a), (b) and (d), until it is renewed or until its renewal is refused; and

               (d)    where a new licence is issued, that new licence shall be deemed to have been granted on the anniversary of the date on which that old licence was issued and shall be dated accordingly.

         (3)   Subject to this section, the provisions of this Ordinance, except such of those provisions as relate to:

                (a)    the form of application;

               (b)    the prescribed fee; and

                (c)    the issue of a provisional key employee’s licence or a provisional operations employee’s licence;

apply to an application made under subsection (2) as if that application were an application for a key employee’s licence or an operations employee’s licence.

103         Variation of casino employee’s licence

         (1)   The holder of a key employee’s licence or an operations employee’s licence may apply to the Authority for variation of the licence in relation to the functions that the holder may perform in relation to the casino.

         (2)   An application under subsection (1) shall be in a form approved by the Authority, lodged with the Casino Controller and accompanied by the prescribed fee (if any).

         (3)   The provisions of this Ordinance, except such of those provisions as relate to:

                (a)    the form of application;

               (b)    the prescribed fee; and

                (c)    the issue of a provisional key employee’s licence or a provisional operations employee’s licence;

apply to an application under subsection (1) as if that application were for a key employee’s licence or an operations employee’s licence, as the case may be.

         (4)   Where the Authority proposes to approve an application under subsection (1) for variation of a licence, the Casino Controller shall:

                (a)    notify the holder of the licence and the casino operator by notice specifying the variation that the Authority proposes to make;

               (b)    request the holder to furnish the licence to him or her for variation;

                (c)    on receipt of the licence, vary the licence in accordance with the proposal; and

               (d)    return the licence so varied to the holder.

104         Loss etc of casino employee’s licence

                Where the Casino Controller is satisfied that a key employee’s licence or an operations employee’s licence has been lost, destroyed or damaged, the Casino Controller shall, on payment of the prescribed fee (if any), issue a replacement for that licence.

105         Suspension or cancellation of casino employee’s licence

         (1)   Where the Authority is satisfied in relation to the holder of a key employee’s licence or an operations employee’s licence as to any of the matters mentioned in subsection (2), it may, be notice served on the holder:

                (a)    censure the holder for any action referred to in the notice;

               (b)    vary the functions that the holder may perform in relation to the casino;

                (c)    impose further conditions on the licence;

               (d)    suspend the licence for such period as the Casino Controller thinks fit; or

                (e)    cancel the licence.

         (2)   In respect of a key employee’s licence or an operations employee’s licence, the matters are:

                (a)    that when the licence was issued, there were grounds for refusing it that were then unknown to the Authority;

               (b)    that the licensee has been convicted of an offence against this Ordinance;

                (c)    that the licensee has been convicted, in or outside the Territory, of any other offence punishable on conviction by imprisonment for 6 months or more whether or not in addition to a fine;

               (d)    that the licensee has been convicted of an offence against a law of the Territory, or of the Commonwealth, a State or another Territory, relating to gambling or to the operation of another casino;

                (e)    that the Authority suspects, on reasonable grounds, that the licensee has contravened a provision of this Ordinance;

                (f)    that the licensee has contravened a condition of the licence;

                (g)    that the licensee has provided in relation to the licence false or misleading information;

                (h)    that the licensee has refused, or failed, to provide information that he or she is required under this Ordinance to provide;

                 (i)    that the licensee is bankrupt;

                (j)    that the licensee has, in or outside the Territory:

                          (i)    applied to take the benefit of any law relating to bankruptcy or insolvent debtors;

                         (ii)    compounded with his or her creditors;

                         (iii)    made an assignment of any part, or the whole, of his or her income for their benefit; or

               (k)    that for any other reason the licensee is not a suitable person to be the holder of the licence.

         (3)   The Authority may, at any time, by notice given in writing, terminate, or reduce the period of, the suspension of a key employee’s licence or an operations employee’s licence.

         (4)   A key employee’s licence or an operations employee’s licence ceases to be in force during a period of suspension, and after cancellation, of the licence.

         (5)   Subsection (4) does not affect:

                (a)    any penal or other liability incurred by the licensee; or

               (b)    the exercise of the functions of the Minister, the Authority or any authorised person in relation to the licensee or the casino employee’s licence.

106         Termination of work on suspension or cancellation of casino employee’s licence

         (1)   The Casino Controller shall, by notice, notify the casino operator of the suspension or cancellation of a key employee’s licence or an operation employee’s licence.

         (2)   Not later than 24 hours after receiving a notice of suspension or cancellation of a key employee’s licence or an operations employee’s licence, the casino operator shall cease to permit the person who was the holder of that licence to work in relation to the casino in the kind of work specified in that licence.

         (3)   Subsection (2) has effect despite any law of the Territory (other than a law of the Commonwealth that applies in the Territory) or any award or industrial or other agreement.

         (4)   The Commonwealth does not incur any liability because of the operation of subsection (2).

107         Information relating to casino employees

         (1)   The casino operator shall:

                (a)    not later than 7 days after the holder of a key employee’s licence or an operations employee’s licence, or any other person, commences or ceases, to be employed, or permitted, to work in relation to the casino — in a form of notice approved by the Authority, notify the Casino Controller of that commencement or cessation;

               (b)    twice in each year, within a period of not more than 7 days specified by the Authority by notice served on the casino operator — in a form of notice approved by the Authority, notify the Casino Controller, separately for each of the following categories of persons, of the names of all persons who, during the period of 6 months immediately before the date of that last-mentioned notice, were:

                          (i)    key employees;

                         (ii)    operations employees;

                         (iii)    employed, or permitted, to work in or outside the Territory in relation to the casino; or

                        (iv)    employed by the casino operator in any capacity in or outside the Territory.

         (2)   The Casino Controller shall, as soon as practicable after receiving a notice mentioned in paragraph (1) (a) or (b), send a copy of the notice to the Commissioner of Police.

         (3)   The Casino Controller may, at any time, by notice served on a person who holds a key employee’s licence or an operations employee’s licence, require that person:

                (a)    to provide, in accordance with directions in the notice, such information relevant to the holding of the licence as is specified in the notice;

               (b)    to produce, in accordance with directions in the notice, such records, or records of such a kind, relevant to the holding of the licence as are, or is, specified in the notice and to permit examination of the records and the making of copies of the records; or

                (c)    to authorise a person referred to in the notice to comply with a specified requirement of a kind to which paragraph (a) or (b) applies.

         (4)   It is a condition of a key employee’s licence or an operations employee’s licence:

                (a)    that the licensee shall comply with the requirement of a notice under subsection (3); and

               (b)    that a person authorised by the licensee to comply with such a requirement shall comply with the requirement.

         (5)   A notice served under subsection (3) on a person who holds a key employee’s licence or an operations employee’s licence does not cease to have effect by reason only that that licence ceases to have effect.


 

Part XI                Miscellaneous

  

108         Directions for management etc

         (1)   The Minister or the Casino Controller may, by notice, give directions to the developer, the casino licensee, the casino operator or the manager, as the case requires, in relation to any aspect of the management, supervision, control or operation of the project.

      (1A)   Without limiting the generality of subsection (1), the Minister may direct:

                (a)    the casino licensee to provide funds for the use of the casino operator in an amount that the Minister considers sufficient to ensure the effective operation of the casino by the operator; and

               (b)    how and where the funds are to be provided for that purpose.

         (2)   For the purpose of deciding whether to give a direction under subsection (1) or (1A) in relation to a matter, the person giving the direction shall have regard to any recommendation concerning the matter made to him or her by the Authority.

         (3)   The developer, casino licensee, casino operator or manager shall not without reasonable excuse fail to comply with a direction given to him, her or it under subsection (1) or (1A).

109         Annual report

         (1)   As soon as practicable after receiving from the Casino Controller the annual report mentioned in subsection 89 (2) and after receipt by the Minister of the report mentioned in section 42, the Minister shall cause an annual report of the operation of this Ordinance to be laid before each House of the Parliament.

         (2)   All directions given under subsection 108 (1) or (1A) in a year shall be published in the Minister’s annual report for that year.

110         Service of notices

         (1)   A notice required by this Ordinance to be given to or served on a body corporate may be so given or served:

                (a)    by delivering the notice to a director, manager or secretary of the body corporate;

               (b)    by leaving the notice at the registered office in the Territory of the body corporate;

                (c)    by leaving the notice at an office or place of business in the Territory of the body corporate;

               (d)    by sending the notice by post to the body corporate at its registered office in or outside the Territory; or

                (e)    by delivering or posting the notice to the body corporate at any address, in the Territory, for service provided by the body corporate.

         (2)   A notice required by this Ordinance to be given to or served on a natural person may be so given or served:

                (a)    by delivering the notice to him or her personally;

               (b)    by leaving the notice at his or her last known place of residence or business;

                (c)    by sending the notice by post addressed to him or her at his or her last known place of residence or business; or

               (d)    by delivering or posting the notice to him or her at any address, in the Territory, for service provided by him or her.

111         Evidence

         (1)   In proceedings under this Ordinance, a certificate signed by the Casino Controller stating:

                (a)    that, at a specified time or during a specified period, a specified person was the Minister administering this Ordinance;

               (b)    that, at a specified time or during a specified period, a specified person held, or was acting in, a specified office established by this Ordinance;

                (c)    that signature purporting to be the signature of a Minister or an authorised person is the signature it purports to be;

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

                (e)    that, on a specified day, specified names were included in the list of names maintained under section 17; or

                (f)    that a decision, direction, notice, order or requirement in relation to a licence was given, granted, issued, made or served under this Ordinance;

is prima facie evidence of the matter so stated.

         (2)   In proceedings under this Ordinance, evidence that a person accepted service of a document is evidence of the authority of the person to accept service of the document.

112         Appeals against some decisions

         (1)   This section applies to:

                (a)    a decision of the Police Commissioner to direct the casino operator under subsection 15 (1) to exclude a person from the casino;

               (b)    a decision of the Police Commissioner under subsection 16 (4) not to revoke a direction made by the Police Commissioner under subsection 15 (1);

              (ba)    a decision of the Authority under subsection 24A (1) that the expenses of an investigation are reasonable;

                (c)    a decision of the Minister under subsection 58 (4) or (6) suspending or cancelling a casino licence;

               (d)    a decision of the Minister under subsection 60 (4) refusing to remit any part, or the whole, of a daily penalty payable under section 60;

              (da)    a decision of the Minister under section 64B to revoke an approval of a casino operation agreement;

                (e)    a decision of the Casino Controller under section 69 approving or refusing to approve plans and diagrams;

                (f)    a decision of the Casino Controller under section 70 approving or refusing to approve a variation of plans and diagrams;

                (g)    a decision of the Casino Controller under section 73 approving or refusing to approve a schedule of operating times;

                (h)    a decision of the Casino Controller under section 73 or 74 requiring the casino licensee to vary the schedule of operating times;

                 (i)    a decision of the Minister under subsection 75 (2) specifying a restriction or condition that is to be applicable to the playing of an authorised game;

                (j)    a decision of the Minister under subsection 75 (3) approving or refusing to approve rules under which an authorised game is to be played;

               (k)    a decision of the Minister under subsection 75 (5) altering the rules under which an authorised game is to be played;

              (ka)    a decision of the Minister under subsection 75 (6B) that the costs of drafting rules, or an alteration, are reasonable;

                 (l)    a decision of the Authority under subsection 76 (2) specifying a restriction or condition that is to be applicable to the playing of an approved game by a casino employee;

               (m)    a decision of the Authority under subsection 77 (4) refusing to approve gaming equipment or chips;

             (ma)    a decision of the Minister under subsection 87 (1) relating to the maintenance of separate bank accounts;

                (n)    a decision of the Authority under subsection 99 (1) issuing or refusing to issue a key employee’s licence or an operations employee’s licence of the class for which application was made;

               (o)    a decision of the Casino Controller under subsection 101 (1) not to issue a provisional key employee’s licence or a provisional operations employee’s licence;

               (p)    a decision of the Casino Controller under subsection 101 (4) to cancel a provisional key employee’s licence or a provisional operations employee’s licence;

               (q)    a decision of the Authority under subsection 103 (1) to refuse to vary a key employee’s licence or an operations employee’s licence;

                (r)    a decision of the Casino Controller under section 104 to refuse to issue a replacement for a key employee’s licence or an operations employee’s licence;

                (s)    a decision of the Authority under subsection 105 (1) suspending or cancelling a casino employee’s licence; or

                (t)    a decision of the Minister or the Casino Controller to give a direction under subsection 108 (1) to the developer, the casino licensee, the casino operator or the manager; or

               (ta)    a decision of the Minister under subsection 108 (1A) to give a direction to the casino licensee;

other than:

                (u)    a decision purporting to have been made having regard to the security of the casino, or of the operations of the casino, or factors that include that security; or

                (v)    a decision purporting to have been made having regard to information supplied by a law enforcement agency in Australia or elsewhere.

         (2)   A person aggrieved by a decision may appeal to the Court against the decision.

         (3)   The original jurisdiction of the Court includes jurisdiction to hear appeals under subsection (2).

         (4)   The person making a decision shall cause notice in writing of the decision to be given to:

                (a)    any person whose interests that person believes may be affected by the decision; and

               (b)    in the case of a decision referred to in paragraph (1) (m) — the casino licensee.

         (5)   A notice under subsection (4) of a decision shall include a statement to the effect that a person aggrieved by the decision may appeal to the Court against the decision.

         (6)   On an appeal against a decision of a person, the Court may exercise all the powers and discretions conferred by this Ordinance on that person in respect of that decision and shall:

                (a)    affirm the decision;

               (b)    vary the decision; or

                (c)    set aside the decision and:

                          (i)    make, in substitution for the decision, another decision that the person could have made; or

                         (ii)    remit the matter for reconsideration by that person in accordance with any directions or recommendations of the Court.

113         Tabling of Minister’s decisions

                The Minister shall cause a copy of any decision made by him or her under this Ordinance, other than such a decision against which an appeal may be made under section 112 or such a decision to approve a form referred to in subsection 113A (1), to be laid before each House of the Parliament within 15 sitting days of that House after that decision is made.

113A       Tabling and disallowance of forms

         (1)   The Minister is to cause a copy of a form approved under subsection 16 (1), 53 (2), 59 (2), 61 (2), 62 (2) or 65 (2), paragraph 95 (1) (a) or 99 (3) (b), subsection 101 (1), 102 (2) or 103 (2) or paragraph 107 (1) (b) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the form was so approved.

         (2)   Approval of a form not so laid before each House of the Parliament ceases to have effect.

         (3)   The provisions of subsection 10 (2) to (5) (inclusive) of the Christmas Island Act 1958 apply in relation to a form laid before a House of Parliament under this section as if:

                (a)    the references in those subsections to an Ordinance were references to a form; and

               (b)    the references in subsections 10 (4) and (4A) of that Act to subsection 10 (1) of that Act were references to subsection (2).

114         Jurisdiction of the Court

         (1)   Subject to section 27, the Court has jurisdiction:

                (a)    to try summarily an offence against this Ordinance punishable by imprisonment for a period not exceeding 12 months; and

               (b)    to impose the penalty provided for that offence.

         (2)   An offence against this Ordinance other than an offence mentioned in paragraph (1) (a) is triable before the Court if the Court is satisfied that it is proper to do so and the defendant and the prosecutor consent.

         (3)   Where under subsection (2) the Court convicts a person of an offence, the penalty that the Court may impose is:

                (a)    for an offence for which the punishment provided in this Ordinance is imprisonment for a period not exceeding 5 years — a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months, or both; or

               (b)    for any other offence — a fine not exceeding $5,000 or imprisonment for a period not exceeding 2 years, or both.

115         The original Agreement not affected

                This Ordinance does not operate to limit the terms of the original Agreement.

116         Regulations

         (1)   The Minister may make regulations, not inconsistent with this Ordinance, prescribing matters:

                (a)    required or permitted by this Ordinance to be prescribed; or

               (b)    necessary or convenient to be prescribed for carrying out or giving effect to this Ordinance.

         (2)   Without limiting the generality of subsection (1), the regulations may:

                (a)    provide in relation to the quality, type or identification of gaming equipment to be used in the casino;

               (b)    provide in relation to the maintenance or use of gaming equipment in the casino;

                (c)    provide in relation to the moving of gaming equipment within the Territory;

               (d)    provide in relation to the security arrangements to be applied in relation to the casino;

                (e)    provide in relation to the control of chip stock;

                (f)    prescribe standards or procedures for the testing, repair or overhaul of gaming equipment;

                (g)    provide in relation to the handling of chips by casino employees or the use of chips by patrons of the casino;

                (h)    prescribe procedures for the payment of winnings to, or on behalf of, patrons;

                 (i)    prescribe accounts or other records to be kept by the casino operator;

                (j)    prescribe requirements to be observed by the casino operator in relation to the publication of information concerning the casino and its activities;

               (k)    provide in relation to the manner of identification of a casino employee who is performing duties in relation to gaming;

                 (l)    prescribe criteria for the grant of a casino licence, or a casino employee’s licence, under this Ordinance including matters relating to the control of any corporation affected by this Ordinance or to substantial shareholders of, foreign participation in or associated persons of such a corporation;

               (m)    prescribe conditions to be applicable to a casino licence, or a casino employee’s licence;

                (n)    prescribe fees payable in respect of the grant, or renewal, of a casino licence, or a casino employee’s licence;

               (o)    require that any matter affected by the regulations be subject to the approval, or satisfaction, of a specified body, or a person holding or occupying a particular office, so as to authorise such a body or person to exercise a discretionary authority; or

               (p)    prescribe for offences against the regulations:

                          (i)    if the offender is a body corporate — a fine not exceeding $2,500; or

                         (ii)    if the offender is a natural person — a fine not exceeding $500.


Notes to the Casino Control Ordinance 1988

Note 1

The Casino Control Ordinance 1988 (in force under the Christmas Island Act 1958) as shown in this compilation comprise Ordinance No. 4 of 1988 amended as indicated in the Tables below.

Table of Ordinances

Year and
number

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

No. 4, 1988

26 Sept 1988

26 Sept 1988

 

No. 8, 1989

31 Oct 1989

31 Oct 1989

No. 11, 1993

5 Nov 1993

5 Nov 1993

No. 3, 1994

7 Dec 1994

7 Dec 1994

No. 2, 1995

18 May 1995

18 May 1995

No. 5, 1996

30 Aug 1996

30 Aug 1996

No. 1, 1997

30 Jan 1997

30 Jan 1997

No. 3, 1998

7 July 1998

Ss. 7, 10 and 11: 30 Aug 1996
Remainder: 7 July 1998

No. 1, 2003

27 Mar 2003

27 Mar 2003

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

S. 2.........................................

am. No. 8, 1989; No. 5, 1996; No. 3, 1998

S. 3.........................................

am. No. 5, 1996

Ss. 4, 5...................................

am. No. 8, 1989

Ss. 8–10................................

am. No. 8, 1989

S. 24.......................................

am. No. 5, 1996; No. 3, 1998

S. 24A.....................................

ad. No. 3, 1998

S. 27.......................................

am. No. 8, 1989

S. 29.......................................

am. No. 8, 1989

S. 32.......................................

am. No. 5, 1996

S. 33.......................................

am. No. 8, 1989; No. 1, 2003

S. 42.......................................

rs. No. 1, 2003

S. 46.......................................

am. No. 8, 1989

S. 53.......................................

am. No. 8, 1989; No. 5, 1996

S. 54.......................................

am. No. 5, 1996

S. 55A.....................................

ad. No. 5, 1996

 

am. No. 3, 1998

S. 58.......................................

am. No. 5, 1996; No. 1, 1997

S. 58A.....................................

ad. No. 5, 1996

S. 59.......................................

am. No. 8, 1989

Ss. 61, 62..............................

am. No. 8, 1989; No. 5, 1996

S. 63.......................................

am. No. 3, 1998

S. 63AA..................................

ad. No. 3, 1998

S. 63A.....................................

ad. No. 5, 1996

 

am. No. 3, 1998

S. 64.......................................

am. No. 8, 1989; No. 5, 1996

S. 64A.....................................

ad. No. 5, 1996

Heading to s. 64B ...............

rs. No. 1, 1997

S. 64B....................................

ad. No. 5, 1996

S. 65.......................................

am. No. 8, 1989

S. 75.......................................

am. No. 5, 1996

S. 78.......................................

am. No. 3, 1994

S. 83.......................................

am. No. 8, 1989; No. 5, 1996

S. 87.......................................

am. No. 2, 1995; No. 5, 1996

S. 94.......................................

am. No. 11, 1993

S. 105.....................................

am. No. 8, 1989

S. 108.....................................

am. No. 5, 1996; No. 1, 1997

S. 109.....................................

am. No. 1, 1997

S. 112.....................................

am. No. 5, 1996; No. 1, 1997; No. 3, 1998

S. 113.....................................

am. No. 8, 1989

S. 113A..................................

ad. No. 8, 1989