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CASINO CONTROL REGULATION 2006 (NO 8 OF 2006)
2006
THE
LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL
TERRITORY
CASINO CONTROL REGULATION
2006
Subordinate Law No
SL2006-8
EXPLANATORY
STATEMENT
Circulated
by the authority of
Ted Quinlan MLA
Minister for Racing and
Gaming
Outline
The Casino Control Act 2006 provides
for the establishment, licensing, control and regulation of the casino in the
ACT. The Casino Control Regulation 2006 (the regulation) is made under
section 144 of the Casino Control Act 2006.
The purpose of the
regulation is to provide the detailed requirements in relation to certain
regulatory aspects of casino activity including specifying the prescribed
functions where a casino employee’s licence is required, specifying the
designated area of the casino, specifying the core operating times, outlining
cheque acceptance requirements and prescribing the amount for commission-based
player schemes. A description of each aspect is provided below in relation to
each section of the regulation.
The Gambling and Racing Commission will absorb any costs associated with
the introduction and implementation of the regulation and for providing any
education programs and information sessions required to assist industry comply
with the regulation.
Notes on Specific
Provisions
Section 1 Name of
Regulation
This section provides that the name of this regulation is
the Casino Control Regulation 2006.
Section 2 Commencement
This
section provides that this regulation commences at the same time that the
substantive provisions of the Casino Control Act 2006 commence. The
actual commencement of the regulation is specified as being linked to the
commencement of section 3 of the Casino Control Act 2006 as a matter of
administrative convenience.
For the Act to operate effectively it is
necessary to have the regulation in place on the day of
commencement.
Section 3 Dictionary
This section provides
that the dictionary at the end of the regulation is part of this regulation. In
addition, the dictionary in the Casino Control Act 2006 and the terms
outlined in the Legislation Act 2001 also apply.
Section 4 Notes
This section provides that a note included
in this regulation is explanatory and is not part of the regulation.
Section 5 Prescribed Functions –
Act, section 41 and Dictionary, definition of prescribed
function
This section provides a list of the prescribed functions
that can only be performed in the casino by a person holding a casino
employee’s licence to perform the particular function. Each casino
employee’s licence must specify the function that is permitted to be
performed by the licensee (section 45 of the Casino Control Act 2006
refers). A licence may specify more than one function that may be
performed.
The prescribed functions are:
(a) the conduct of gaming
in the casino;
(b) the organisation, administration and management of
commission-based player schemes;
(c) the organisation and conduct of casino
marketing schemes;
(d) the storage, exchange and counting of money and chips
in the casino other than in relation to the supply of food or
beverages;
(e) the movement of money and chips in the casino other than in
relation to the supply of food or beverages;
(f) the storage of gaming
equipment in the casino;
(g) the security of the casino and its
operations;
(h) the surveillance of the casino and its operations;
(i) the
use and storage of security equipment;
(j) the use of surveillance
equipment;
(k) the storage of surveillance equipment;
(l) computer systems
maintenance and support in the casino;
(m) the unsupervised maintenance and
repair of gaming equipment;
(n) the unsupervised maintenance and repair of
security and surveillance equipment in the casino;
(o) the unsupervised
access to administrative and financial information relating to the operation of
the casino other than access by external auditors or company directors of the
licensee or of the licensee’s beneficial owners;
(p) the supervision of
anything mentioned in paragraphs (a) to (o) above;
(q) a management role in
the casino, including functions that include making decisions that involve the
exercise of discretions that substantially affect, or could affect, the
operation of the casino.
In general terms, the prescribed functions
relate to those activities that involve sensitive or higher risk activities in
the casino such as those directly involved with gaming, the handling of cash and
chips, involved with the security and surveillance operations of the casino and
the supervision or management of casino activity. Those activities not covered
by the prescribed functions are considered lower risk tasks and include the
supply of food and beverage to patrons and the provision of cleaning
services.
Section 6 Area to be Designated Casino
– Act, section 62(1)
This section provides for an area or areas
to be designated as the casino. Schedule 1 provides plans for the three levels
of the casino premises to be the designated area.
Generally, the boundary
of the casino designated area follows a physical barrier such as a wall or door
and in practice is readily recognisable.
The designated area of the
casino is important because not only does it provide for a specifically defined
or designated area as the casino but it also provides for part of the premises
not to be part of the designated casino area. For example, the ground floor
(level 0) main entrance foyer of the casino premises must provide an egress for
persons, including those under the age of 18, to access the hotel building
located immediately adjacent to the casino premises and therefore has not been
included as part of the designated casino area.
Section 7 Core Trading
Hours – Act, section 68(4) and Definition of
core trading
hours
This section provides that the core trading hours of the
casino, as outlined under 68 of the Act, are between midnight and 2:00am and
between 5:00pm and midnight on any day. Effectively, this means that the casino
must trade between 5:00pm and 2:00am the next day on every
day.
Section 8 Kinds of Cheque to be Accepted – Act, section
112(1)(b)(i)
This section provides that for a cheque to be accepted
by the casino licensee, it must be drawn in favour of the casino licensee, not
be postdated, and in relation to a redeeming cheque, not be dated earlier than
the date of the most recent of the cheques being redeemed.
The purpose of
this section is to provide an element of problem gambling harm minimisation by
restricting the ability of patrons to cash cheques in a manner that may provide
access to funds that may not be normally readily accessible to them or may not
be in their possession or control.
This section ensures that third party
cheques are not accepted and that the casino cannot provide a form of credit by
allowing postdated cheques to be cashed.
Section 9 How to Accept
Cheque – Act, section 112(1)(b)(ii)
This section provides that when the casino licensee accepts a cheque it
must be satisfied about the identity of the person presenting the cheque. This
provision supports the requirement of section 8(a) of this regulation where the
casino licensee can only cash a cheque drawn in favour of the casino licensee or
the person presenting the cheque.
Section 9(b) provides
that the casino licensee must keep a record of any proof of identity that the
person shows to the licensee and of any inquiry the licensee makes to verify the
person’s identity. This section provides an audit trail for the casino
licensee and the Commission to follow in terms of verifying a person’s
identity and ensuring compliance with this section.
Section 9(c) provides that the casino licensee must comply with any control
procedures for accepting cheques. This section acts as a reminder that the
control procedures (see section 75 of the Casino Control Act 2006) may
provide additional requirements that must be followed in relation to accepting
cheques.
Section 10 Amount Prescribed for Scheme – Act,
Dictionary, Definition of Commission-Based Player Scheme, paragraph
(b)
This section provides that the amount prescribed for commission-based player schemes is $1,500. Thus in order to qualify as a commission-based player scheme (and therefore attract the lower level commission-based player tax as specified in section 127 of the Casino Control Act 2006) the casino licensee must provide more than $1,500 to the patron by way of commission (gambling rebates), food, beverages, transport, accommodation, entertainment or any other purpose in relation to the visit.
