On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 28/03/2013.
PART VI
CASINO OPERATIONS
99.
—(1) A casino operator shall, in relation to its casino —
(a)
ensure that the casino layout of the casino complies with such requirements as the Authority may prescribe; and
(b)
notify the Authority before making any changes to the casino layout.
(2) Any casino operator which contravenes subsection (1) shall be liable to disciplinary action.
100.
—(1) The Authority may —
(a)
by a notice in writing issued to a casino operator, approve the games that may be played in the casino of the casino operator, the mode of play and the rules for those games; and
(b)
publish the list of games, mode of play and rules for those games approved for the time being for each casino on the official website of the Authority.
(2) The Authority may, under subsection (1), give approvals that differ according to differences in time, place or circumstances.
(3) A casino operator shall not permit a game to be conducted or played in a casino unless —
(a)
the game has been approved by the Authority under subsection (1);
(b)
the game is conducted or played in accordance with the mode of play and rules of the game approved by the Authority; and
(c)
the game is conducted or played on behalf of the casino operator by a licensed special employee.
(4) A person shall not conduct a game in a casino or permit a game conducted by him to be played in a casino, unless —
(a)
the game has been approved by the Authority under subsection (1); and
(b)
the game is conducted or played in accordance with the mode of play and rules of the game approved by the Authority.
(5) Any casino operator who contravenes subsection (3) shall be liable to disciplinary action.
(6) Any person who contravenes subsection (4) shall be —
(a)
liable to disciplinary action, in the case of a licensed special employee; or
(b)
guilty of an offence and liable on conviction to a fine not exceeding $200,000, in any other case.
(7) It is a defence to disciplinary action or prosecution for a contravention of subsection (4) if the special employee or other person, as the case may be, establishes that the contravention was permitted by the casino operator.
(8) This section shall not apply to any game played on a gaming machine, unless it is an electronic table game of a type specified by the Authority in writing to the casino operator.
101.
—(1) The Authority may give a direction in writing to a casino operator concerning the particular games that may not be played in the casino.
(2) The Authority may amend any such direction by a further direction in writing to the casino operator.
(3) Any casino operator which fails to comply with any direction for the time being in force under this section shall be liable to disciplinary action.
102.
—(1) The Authority may investigate or authorise the investigation of gaming equipment for the purpose of determining whether the equipment is suitable to be approved for use in a casino and may require the cost of such an investigation to be paid by a person seeking the approval.
(2) The Authority may approve gaming equipment for use in a casino and, for that purpose, may approve particular equipment or may approve equipment of a specified class or description and may make the approval subject to conditions.
(4) Despite the provisions of any other law, the possession of gaming equipment is lawful if —
(a)
the possession is for the purposes of an investigation under this section; or
(b)
the equipment is identifiable in a manner approved by the Authority and is in a casino with the approval of the Authority or the circumstances of its possession are such as have been approved by the Authority generally or in a particular case.
103.
—(1) A casino operator shall not use, or allow to be used, any gaming machine in its casino unless —
(a)
the gaming machine has been obtained from an approved manufacturer or approved supplier approved by the Authority under section 103A;
(b)
the gaming machine is approved, or one of a class of gaming machines approved by the Authority, and complies with such technical standards and other requirements as may be prescribed;
(c)
where the gaming machines are required to be tested and certified, the testing has been carried out by an approved test service provider approved by the Authority under section 103A; and
(d)
the number of gaming machines available for gaming in the casino does not exceed such number as the Authority may determine.
(2) Any casino operator which contravenes subsection (1) shall be liable to disciplinary action.
Approved manufacturers and approved suppliers of gaming machines and approved test service providers for gaming equipment
103A.
—(1) Any person who intends to —
(a)
manufacture or supply any gaming machine for use in any casino; or
(b)
supply any testing services in relation to any gaming equipment,
may apply, in accordance with subsection (2), to the Authority to be an approved manufacturer, approved supplier or approved test service provider, as the case may be.
(2) An application to be —
(a)
an approved manufacturer of gaming machines;
(b)
an approved supplier of gaming machines; or
(c)
an approved test service provider for gaming equipment,
shall be made to the Authority in the form and manner prescribed, and accompanied by such fees and documents or other information as may be prescribed.
(3) The Authority may, if it is satisfied that the applicant is suitable after carrying out such investigations as may be necessary, approve the applicant as an approved manufacturer, approved supplier or approved test service provider, subject to the payment of such fee as may be prescribed and such other conditions as the Authority may impose.
(4) The Authority shall maintain an Approved List of approved manufacturers, approved suppliers and approved test service providers, which it may publish on its official website from time to time.
104.
—(1) A casino operator may conduct gaming on a simulated basis only if all of the following conditions are satisfied:
(a)
the simulated gaming is for the purpose of training casino employees, testing gaming equipment or gaming procedures or demonstrating the conduct and playing of games;
(b)
the casino operator has notified the Authority in writing at least 7 days before the commencement of the simulated gaming;
(c)
no cash or chips are used in the course of the simulated gaming;
(d)
no winnings in money or money’s worth are kept by any person as a result of any game played in the course of the simulated gaming.
(1A) In a case where any of the conditions in subsection (1) cannot be satisfied at any simulated gaming to be conducted by a casino operator, the casino operator shall not conduct that simulated gaming unless —
(a)
it has obtained the prior written approval of the Authority; and
(b)
the simulated gaming is conducted in accordance with such conditions as the Authority may impose in its approval.
(2) Despite the provisions of any other law, the possession and use of gaming equipment as authorised by subsection (1) or (1A) is lawful.
(3) Any casino operator who contravenes subsection (1A) shall be liable to disciplinary action.
[Vic. CCA 1991, s. 58]
105.
—(1) A person shall not, without the approval of the Authority, install or cause to be installed any linked jackpot arrangement.
(2) The Authority shall not approve any linked jackpot arrangement —
(a)
between a casino in Singapore and any place outside Singapore;
(b)
between a casino in Singapore and any place permitted to operate a fruit machine under the Private Lotteries Act 2011; or
(c)
prohibited by regulations made under this Act.
[7/2011 wef 01/04/2011]
(3) Any person who contravenes subsection (1) shall be —
(a)
liable to disciplinary action, in the case of a casino operator or a licensed special employee; or
(b)
guilty of an offence and liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 5 years or to both, in any other case.
[Vic. CCA 1991, s. 62B]
106.
—(1) A casino operator shall —
(a)
display a notice in accordance with the directions of the Authority informing patrons where a copy of the rules for games under section 100 may be inspected;
(b)
display prominently in the casino —
(i)
the advice or information concerning those rules, the mode of payment of winning wagers and the payout odds of each winning wager; and
(ii)
such other advice or information to the player as the Authority directs; and
(c)
display prominently at each gaming table or location related to the playing of a game, a sign indicating the permissible minimum and maximum wagers pertaining to the game played there.
(2) A casino operator shall —
(a)
allow a patron to inspect a copy of the rules for games on request.
(3) Any casino operator who fails to comply with subsection (1) or (2) shall be liable to disciplinary action.
[Vic. CCA 1991, s. 66]
107.
—(1) A casino operator shall ensure that all casino installations, equipment and procedures for security and safety purposes are used, operated and applied in accordance with the directions of the Authority.
(2) Any casino operator who fails to comply with subsection (1) shall be liable to disciplinary action.
[Vic. CCA 1991, s. 67]
108.
—(1) Except to the extent that this section or regulations relating to credit allow, no casino operator, licensed international market agent, agent or employee of a licensed international market agent, agent of a casino operator or casino employee shall, in connection with any gaming in the casino —
(a)
accept a wager made otherwise than by means of money or chips;
(b)
lend money or any valuable thing;
(c)
provide money or chips as part of a transaction involving a credit card; or
(d)
extend any other form of credit.
(2) A casino operator may establish for a person a deposit account to which is to be credited the amount of any deposit to the account comprising any one or more of the following:
(a)
money;
(b)
a cheque payable to the casino operator;
(c)
a traveller’s cheque; or
(3) The casino operator may issue to a person who establishes a deposit account and debit to the account chip purchase vouchers, cheques, chips or money, not exceeding in total value the amount standing to the credit of the account at the time of issue of the vouchers, cheques, chips or money.
(4) The casino operator may, in exchange for a cheque payable to the casino operator or a traveller’s cheque, issue to a person chip purchase vouchers of a value equivalent to the amount of the cheque or traveller’s cheque.
(5) A cheque accepted by the casino operator may, by agreement with the casino operator, be redeemed in exchange for the equivalent in value to the amount of the cheque of any one or more of the following:
(a)
money;
(b)
cheque payable to the casino operator;
(c)
chip purchase vouchers;
(d)
chips.
(6) The casino operator —
(a)
shall, within the time specified by the Authority by notice in writing given to the casino operator for the purposes of this subsection, deposit with an authorised bank a cheque accepted by the casino operator under this section; and
(b)
shall not agree to the redemption of such a cheque for the purpose of avoiding compliance with paragraph (a).
(7) Notwithstanding anything in this section, a casino operator may provide chips on credit to a person —
(a)
who is neither a citizen of Singapore nor a permanent resident of Singapore (as defined in section 116(9));
(b)
who is a premium player; or
(c)
who is a licensed international market agent for the performance of his functions as an international market agent.
(7A) Notwithstanding anything in this section, a licensed international market agent may provide chips on credit to a person who is neither a citizen of Singapore nor a permanent resident of Singapore (as defined in section 116(9)).
(7B) Where credit is provided under subsection (7) or (7A), the casino operator or licensed international market agent providing the credit shall do so in accordance with the prescribed requirements relating to credit.
(8) Any —
(a)
casino operator which contravenes subsection (1), (6) or (7B);
(b)
licensed special employee or licensed international market agent representative who contravenes subsection (1); or
(c)
licensed international market agent which or who contravenes subsection (1) or (7B),
shall be liable to disciplinary action.
(8A) Every casino operator shall be liable for every act, omission, neglect or default of any agent of the casino operator or casino employee under this section, as fully and effectually as if the act, omission, neglect or default were done or committed by the casino operator.
(8B) Every licensed international market agent shall be liable for every act, omission, neglect or default of any agent or employee of the licensed international market agent under this section, as fully and effectually as if the act, omission, neglect or default were done or committed by the licensed international market agent.
(8C) Nothing in subsection (8A) or (8B) shall affect any liability of the agent of the casino operator, casino employee or agent or employee of the licensed international market agent by the operation of any other law.
(9) Any person who —
(a)
provides chips on credit to persons other than as permitted in subsection (7) or (7A) shall be deemed to be a moneylender for the purposes of the Moneylenders Act (Cap. 188); and
(b)
lends money in accordance with this section shall be deemed not to be a moneylender for the purposes of the Moneylenders Act.
(10) In this section, “cheque” means a cheque (other than a traveller’s cheque) that —
(a)
is drawn on an account of any bank for a specific amount payable on demand; and
(b)
is dated but not post-dated.
[Vic. CCA 1991, s. 68]
110.
—(1) No person shall organise or conduct a casino marketing arrangement which involves the participation of any citizen of Singapore or permanent resident of Singapore (as defined in section 116(9)).
(2) Any person who receives a commission or other payment from a casino operator or the person for the time being in charge of a casino, which commission or payment is solely or partly based on the turnover of play in the casino of any other person, or otherwise derived from the play of any other person, shall be presumed, until the contrary is proved, to be organising or conducting a casino marketing arrangement.
(3) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be punished —
(a)
in the case of an individual —
(i)
for a first offence, with a fine of not less than $30,000 and not more than $300,000 and with imprisonment for a term not exceeding 4 years; and
(ii)
for a second or subsequent offence, with a fine of not less than $30,000 and not more than $300,000 and with imprisonment for a term not exceeding 7 years; or
(b)
in any other case, with a fine of not less than $50,000 and not more than $500,000.
(4) Any casino operator, licensed special employee, licensed international market agent or licensed international market agent representative which or who allows the organisation or conduct of, or is a party to, a casino marketing arrangement in contravention of subsection (1) shall be liable to disciplinary action.
Persons required to be licensed as international market agent or international market agent representative
110A.
—(1) Subject to subsection (3), no person shall perform any of the functions of an international market agent unless that person holds a valid licence granted by the Authority to be an international market agent or an international market agent representative.
(2) The functions of an international market agent are any of the following:
(a)
organising or conducting a casino marketing arrangement (other than a casino marketing arrangement prohibited under section 110(1));
(b)
giving chips on credit to any patron participating in a casino marketing arrangement;
(c)
such other function related to a casino marketing arrangement as may be specified in the regulations made under section 110B.
(3) Regulations made under section 110B may specify any persons or class of persons who are not required to be licensed as an international market agent or an international market agent representative.
(4) If, in the opinion of the Authority ––
(a)
any person, by reason of his remuneration or function in relation to any casino marketing arrangement, is performing a function of an international market agent or an international market agent representative; or
(b)
the commission or other payment received by any person forms part of a series of such commission or other payments that may reasonably be considered to have been arranged for the purpose of avoiding the requirement to be licensed as an international market agent or an international market agent representative,
the Authority may, by a notice in writing given to the person, require that person to apply for the appropriate licence within the period specified in the notice.
(5) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be punished —
(a)
in the case of an individual —
(i)
for a first offence, with a fine of not less than $30,000 and not more than $300,000 and with imprisonment for a term not exceeding 4 years; and
(ii)
for a second or subsequent offence, with a fine of not less than $30,000 and not more than $300,000 and with imprisonment for a term not exceeding 7 years; or
(b)
in any other case, with a fine of not less than $50,000 and not more than $500,000.
(6) Any casino operator which allows the organisation or conduct of, or is a party to, any casino marketing arrangement with an unlicensed international market agent shall be liable to disciplinary action.
(7) The Authority may give a direction to a casino operator to cease any further business association with —
(a)
an unlicensed international market agent; or
(b)
a person who failed to comply with a notice requiring him to apply for a licence under subsection (4),
from such date as may be specified in the direction, and any casino operator which fails to comply with such direction shall be liable to disciplinary action.
Supervision and control of international market agents and international market agent representatives
110B.
—(1) An application to be licensed as an international market agent or an international market agent representative shall be made in the form and manner prescribed and shall be accompanied by —
(a)
such fee as may be prescribed; and
(b)
such documents and information as may be prescribed.
(2) The Authority may grant an international market agent licence or international market agent representative licence if, and only if, it is satisfied that the criteria specified in the regulations made under this section are met.
(3) The Authority may give a written direction to a casino operator or a licensed international market agent, or to both, that relates to the organisation or conduct of a casino marketing arrangement, including a direction as to the maximum commission or other payment which may be paid by any casino operator to a licensed international market agent for organising or conducting the casino marketing arrangement.
(4) Any casino operator or licensed international market agent which or who fails to comply with any direction under subsection (3) shall be liable to disciplinary action.
(5) The Authority may, with the approval of the Minister, make regulations for or with respect to —
(a)
regulating or prohibiting the organisation and conduct of casino marketing arrangements;
(b)
the licensing of international market agents and international market agent representatives;
(c)
the obligations of licensed international market agents in relation to patrons participating in a casino marketing arrangement; and
(d)
the obligations of casino operators in relation to international market agents and patrons participating in a casino marketing arrangement.
(6) Without prejudice to the generality of subsection (5), the regulations may —
(a)
impose restrictions on who may be eligible to organise or conduct a casino marketing arrangement;
(b)
prescribe the procedure for the application for any licence;
(c)
prescribe the fees to be charged;
(d)
require the international market agent or the casino operator concerned to give the Authority advance notice of a casino marketing arrangement and to furnish to the Authority detailed information concerning the conduct of and the arrangements for any casino marketing arrangement;
(e)
require any contract or other agreement that relates to the organisation or conduct of a casino marketing arrangement to be in a form, and to contain provisions, approved by the Authority;
(f)
require the international market agent or the casino operator concerned to give specified information concerning a casino marketing arrangement to patrons participating in the casino marketing arrangement;
(g)
require the international market agent or the casino operator concerned to give the Authority advance notice of, and such specified information as the Authority may require about, any casino marketing arrangement, including the patrons participating in the casino marketing arrangement;
(h)
require the international market agent to establish and implement a system of internal controls in accordance with prescribed requirements;
(i)
prescribe anti-money-laundering requirements;
(j)
regulate the conduct of licensed international market agents and licensed international market agent representatives and provide for disciplinary action against them, including a financial penalty not exceeding —
(i)
$400,000 against any licensed international market agent; and
(ii)
$10,000 against any licensed international market agent representative; and
(k)
provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $100,000 or with imprisonment for a term not exceeding 12 months or with both.
Authority may suspend or cancel international market agent licence or international market agent representative licence in public interest
110C.
—(1) Notwithstanding any provision of this Act or the regulations made under section 110B, in any case where it appears to be necessary to the Authority to prevent any threat to the security of the public or of casino operations, the Authority may —
(a)
suspend the licensed international market agent or licensed international market agent representative concerned, pending the conclusion of any investigation or disciplinary proceedings against that licensed international market agent or licensed international market agent representative; or
(b)
if the Authority thinks it necessary in the public interest that the licensed international market agent or licensed international market agent representative concerned should immediately cease to perform any function in relation to any casino marketing arrangement, cancel the licence of that international market agent or international market agent representative.
(2) Any —
(a)
international market agent who is aggrieved by any suspension or cancellation of his or its international market agent licence under subsection (1); or
(b)
international market agent representative who is aggrieved by any suspension or cancellation of his international market agent representative licence under subsection (1) or by virtue of subsection (4),
may, within 10 days after the licence is suspended or cancelled, make representations in writing to the Authority and the Authority, after considering such representations, may confirm, vary or reverse its decision.
(3) The suspension or cancellation under subsection (1) and, where applicable, subsection (4) shall take effect notwithstanding that any representation under subsection (2) is pending, until the expiry of the period of suspension or the reversal of the decision of the Authority, if any.
(4) If the licence of any international market agent is suspended or cancelled under this section, the licence of every international market agent representative employed by that international market agent shall also be suspended for the same period or cancelled, as the case may be.
111.
—(1) Where a casino operator and a patron of the casino are unable to resolve to the satisfaction of the patron any dispute as to alleged winnings, alleged losses or the manner in which a game is conducted, the casino operator shall —
(a)
immediately notify an inspector of the dispute; and
(b)
inform the patron of his right to request that an inspector conduct an investigation into the dispute.
(1A) A patron who wishes to request an inspector to conduct an investigation into the dispute shall, not later than 7 days after the date he is informed under subsection (1) of his right, make the request to an inspector in such form as the Authority may specify.
(1B) An inspector may refuse to consider any patron’s request under subsection (1A) for investigation that is incomplete or is made after the period delimited for such requests under subsection (1A), unless the inspector is satisfied that there were good reasons for the delay or incompleteness.
(2) An inspector who receives a request for investigation into a dispute under subsection (1A) shall conduct such investigations as he thinks necessary and shall determine whether payment should be made.
(3) Failure of a casino operator to notify an inspector or inform the patron as provided in subsection (1) is grounds for disciplinary action.
[Nevada Revised Statutes, 463.362]
112.
—(1) Any party aggrieved by the decision of an inspector under section 111 may, in the prescribed manner and within the prescribed time, appeal to the Authority to reconsider the decision of the inspector.
(2) The appeal shall set forth the basis of the request for reconsideration.
(3) If no appeal for reconsideration is made within the time prescribed, the decision of the inspector shall be deemed final and is not subject to reconsideration by the Authority.
(4) The Authority shall appoint a committee to reconsider the decision of the inspector.
(5) The party seeking reconsideration bears the burden of showing that the inspector’s decision should be reversed or modified.
(6) The committee appointed under subsection (4) shall be independent of the Authority and may regulate its own procedure.
(7) After considering the matter before it, the committee may confirm, vary or reverse the inspector’s decision.
(8) The decision by the committee shall be in writing and shall be served on the casino operator and the patron concerned.
[Nevada Revised Statutes, 463.363, 463.364]
113.
—(1) Except as otherwise allowed by the Authority, the person ordered to make payment to the other party shall do so within 30 days of —
(a)
the decision of the committee under section 112; or
(b)
where an appeal was made under section 114, the decision of the Authority under that section.
(2) Failure of a casino operator to pay within the time specified in subsection (1) is grounds for disciplinary action.
[Nevada Revised Statutes, 463.366]
115. Except as provided by this Act, a person enters and remains on any casino premises only by the licence of the casino operator.
[Vic. CCA 1991, s. 70]
116.
—(1) Subject to subsection (3), a casino operator shall not allow any person who is a citizen or permanent resident of Singapore to enter or remain on the casino premises at any time on any day unless the person has paid to the casino operator an entry levy of —
(a)
$100 for every consecutive period of 24 hours; or
(b)
$2,000 for a valid annual membership of the casino.
(2) All entry levies collected by a casino operator under subsection (1) shall be paid to the Singapore Totalisator Board within the prescribed time and shall be used by that Board for public, social or charitable purposes in Singapore.
(3) A casino operator shall not refund, remit or reimburse, directly or indirectly, any entry levy paid or payable by any person under subsection (1).
(4) The Minister may, after the expiration of 10 years commencing from the date on which a second site for a casino is designated by an order made under section 2(2), by order published in the Gazette, vary the entry levies specified in subsection (1).
(5) Subject to the condition in subsection (5A), this section shall not apply to —
(a)
any casino employee;
(b)
any inspector, police officer, officer of the Central Narcotics Bureau or Corrupt Practices Investigation Bureau, civil defence officer, officer of the Inland Revenue Authority of Singapore or employee of the Authority acting in the discharge of his duties;
(ba)
any member, secretary or officer of the evaluation panel appointed under section 45A acting in the discharge of his duties;
(bb)
any member, secretary or officer of the Council acting in the discharge of his duties; and
(c)
such other person or class of persons as may be prescribed.
(5A) Any person who enters and remains on any casino premises without paying an entry levy by virtue of subsection (5) does so on the condition that he shall not participate in any game whilst he is on the casino premises, and if he contravenes such condition, he shall be guilty of an offence and shall be liable on conviction to be punished as if the offence charged were an offence under subsection (6).
(6) Subject to subsection (5), any citizen or permanent resident of Singapore who enters any casino premises without paying the entry levy specified in subsection (1) is guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000, and shall also be liable for the amount of the entry levy specified in subsection (1)(a).
(6A) Subject to subsection (5), any citizen or permanent resident of Singapore who attempts to enter any casino premises without paying the entry levy specified in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
(6B) If any citizen or permanent resident of Singapore, other than an individual under subsection (5), upon the expiry of the period in respect of which he has paid an entry levy specified in subsection (1)(a) or (b) —
(a)
remains on the casino premises for any further period thereafter (referred to in this section as the over-stay period); and
(b)
fails to pay the entry levy required under subsection (1) in respect of the over-stay period before he leaves the casino premises,
he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000, and shall also be liable for the amount of the entry levy specified in subsection (1)(a) in respect of the over-stay period.
(7) Any casino operator who contravenes subsection (1), (2) or (3) shall be liable to disciplinary action.
(8) Section 147 shall apply in relation to late payment of the entry levy as it applies to the casino tax, and the reference to casino tax in that section shall be read as a reference to the entry levy.
(9) In this Part, “permanent resident of Singapore” means a person who is granted an entry permit under section 10 of the Immigration Act (Cap. 133) or a re-entry permit under section 11 of that Act, which allows him to remain in Singapore indefinitely without restriction.
117.
—(1) The entry levy payable under section 116(1) shall be levied, paid and collected by such method as may be prescribed.
(2) The Chief Executive may require a casino operator to lodge with the Authority such security as the Chief Executive may consider appropriate for the payment of entry levies.
(3) Entry levies shall be recoverable from a casino operator or from any person liable to pay the entry levy as a civil debt due to the Singapore Totalisator Board.
(4) It shall be lawful for the Chief Executive, if it is proved to his satisfaction that any money has been overpaid as entry levy under this Act, to direct the refund of the money so overpaid, such refund to be paid from entry levies collected under section 116(1).
(5) No refund under subsection (4) shall be allowed unless a claim in respect thereof is made within 6 months of the overpayment.
(6) Where for any reason the entry levy payable under section 116(1) has not been paid, or has been short paid, or the whole or any part of the entry levy, after having been paid, has, owing to any cause, been erroneously refunded, the person liable to pay such levy, or the person to whom the refund has been erroneously made, as the case may be, shall pay the entry levy not paid or short paid, or the amount erroneously refunded to him, on demand being made by the Chief Executive, without prejudice to any other remedy for the recovery of the amount unpaid or erroneously refunded.
(7) For the purposes of this section and section 116, every casino operator shall be liable for every act, omission, neglect or default of any agent of the casino operator or casino employee, as fully and effectually as if the act, omission, neglect or default were done or committed by the casino operator.
(8) Nothing in subsection (7) shall affect any liability of the agent of the casino operator or casino employee by the operation of any other law.
118.
—(1) An inspector may, at any time, enter and remain on any casino premises for the purposes of exercising his functions as an inspector under this Act, including but not limited to —
(a)
observing any of the operations of the casino;
(b)
ascertaining whether the operations of the casino are being properly conducted, supervised and managed;
(c)
ascertaining whether the provisions of this Act are being complied with; and
(d)
in any other respect, exercising his functions under this Act.
(2) An inspector who enters premises under this section is not authorised to remain on the premises if, on the request of the occupier of the premises, the inspector does not show his identification card to the occupier.
[Vic. CCA 1991, s. 105]
119. Any police officer, officer of the Central Narcotics Bureau or Corrupt Practices Investigation Bureau or civil defence officer may enter any casino premises, including any part to which the public does not have access, and may remain there for the purpose of discharging his duty as a police officer, officer of the Central Narcotics Bureau or Corrupt Practices Investigation Bureau or civil defence officer, as the case may be.
[Vic. CCA 1991, s. 71]
120.
—(1) A casino operator may give a written exclusion order under this section to a person, whether on the voluntary application of the person or otherwise, prohibiting the person from entering or remaining on the casino premises.
(2) A voluntary application under subsection (1) shall be in writing and signed by the applicant in the presence of a person authorised by the casino operator to witness such an application.
(3) As soon as practicable after a casino operator gives an exclusion order under subsection (1) or revokes the order, the casino operator shall notify the Authority and the Council of that order or the revocation of that order, as the case may be.
[Vic. CCA 1991, s. 72]
121.
—(1) The Authority may, by an exclusion order given to a person orally or in writing, prohibit the person from entering or remaining on any casino premises in such circumstances as the order may specify.
(2) An oral exclusion order lapses after 14 days.
(3) As soon as practicable after the Authority gives an exclusion order under this section, the Authority shall notify each casino operator of that order.
[Vic. CCA 1991, s. 73]
122.
—(1) The Commissioner of Police may, by a written exclusion order given to a person, prohibit the person from entering or remaining on any casino premises in such circumstances as the order may specify.
(2) As soon as practicable after making an exclusion order, the Commissioner of Police shall notify each casino operator and the Authority of that order.
(3) A person who has been given an exclusion order under this section may appeal to the Minister whose decision shall be final.
[Vic. CCA 1991, s. 74]
123.
—(1) An exclusion order made under section 121 or 122 remains in force in respect of a person unless and until it lapses or is revoked by the person who gave the order or by the Minister, on appeal.
(2) When an exclusion order is revoked by the Commissioner of Police or the Minister, the Commissioner of Police shall notify each casino operator and the Authority of the revocation.
(3) When an exclusion order is revoked by the Authority or the Minister, the Authority shall give notice of the revocation to each casino operator as soon as practicable after it occurs.
[Vic. CCA 1991, s. 75]
124. The Authority may, from time to time, require a casino operator to furnish a list of persons excluded from the casino premises by the casino operator.
[Vic. CCA 1991, s. 76]
125.
—(1) An excluded person shall not enter or remain, or take part in any gaming, on any casino premises.
(2) Any person who is —
(a)
subject to an exclusion order made under section 121, 122 or 165(1), or excluded under section 165A(2); or
(b)
excluded under section 165D by reason of his having made the maximum number of visits to any casino for the month as specified by a visit limit made against him under section 165(1),
and who contravenes subsection (1) shall be guilty of an offence.
126.
—(1) A casino operator shall not, without reasonable excuse, permit an excluded person to enter or remain on the casino premises.
(2) A casino operator shall close every deposit account of a person with the casino operator —
(a)
to whom the casino operator has given an exclusion order under section 120;
(b)
upon being notified under section 121(3) or 122(2) that the person has been given an exclusion order under section 121 or 122, as the case may be; or
(c)
upon being given an order under section 163(2)(d) in respect of the person.
(3) A casino operator which fails to comply with subsection (1) or (2) shall be liable to disciplinary action.
127.
—(1) This section applies to the following persons on any casino premises:
(a)
the person for the time being in charge of the casino;
(b)
an agent of the casino operator;
(c)
a casino employee.
(2) A person to whom this section applies who knows that an excluded person is about to enter or is on the casino premises shall —
(a)
notify an inspector as soon as practicable; and
(b)
using no more force than is reasonably necessary —
(i)
prevent the excluded person from entering the casino premises; or
(ii)
remove such a person from the casino premises or cause such a person to be removed from the casino premises.
(3) Any person who fails to comply with subsection (2) shall be —
(a)
liable to disciplinary action, in the case of a casino operator or a licensed special employee; or
(b)
guilty of an offence, in any other case.
[Vic. CCA 1991, s. 78]
128.
—(1) This section applies to any person who is —
(a)
subject to an exclusion order under section 120, 121 or 122;
(aa)
subject to a family exclusion order, provisional family exclusion order or exclusion order under Part X or excluded under section 165A; or
(b)
a minor (as defined in section 130).
(2) If a person to whom this section applies enters or remains on any casino premises in contravention of this Act, all winnings (including linked jackpots) paid or payable to the person in respect of gaming on gaming machines or playing any game approved under section 100 in the casino are forfeited to the Consolidated Fund.
(3) If winnings referred to in subsection (2) comprise or include a non-monetary prize, the casino operator shall pay the value of that prize to the Consolidated Fund.
(4) In determining the value of a non-monetary prize for the purposes of subsection (3), any amount of goods and services tax payable in respect of the supply to which the prize relates is to be taken into account.
(5) The amount of winnings to be forfeited under this section shall be investigated and determined by an inspector or an authorised person whose decision shall be final.
(6) Where an inspector or authorised person investigating the amount of winnings under subsection (5) reasonably believes that the winnings of a person to whom this section applies are in that person’s clothing or personal effects, the inspector or authorised person may —
(a)
search the clothing, baggage or other personal effects of that person, and seize any money or chips found on that person or in his clothing, baggage or personal effects, as the case may be; and
(b)
apply any money or chips so found towards the payment of the amount of winnings determined under subsection (5) to be forfeited, and the surplus, if any, to be returned to that person.
(7) Nothing in subsection (6) shall authorise any inspector or authorised person to remove, or require a person to remove, any of the person’s clothing, and a search of a person’s clothing being worn by the person may only be done by an inspector or authorised person of the same sex as the person.
[Vic. CCA 1991, s. 78B]
129.
—(1) A casino operator shall take all appropriate steps to ensure that the following acts are not committed by its employees, patrons or other persons within the casino premises:
(a)
soliciting for the purpose of prostitution or for any other immoral purpose;
(b)
unlicensed moneylending or related activities;
(c)
drunken, disorderly or riotous behaviour;
(d)
illegal betting or gaming activities;
(e)
activities related to the organisation or conduct of casino marketing arrangements by persons who are neither licensed international market agents nor licensed international market agent representatives.
(2) Any casino operator who contravenes subsection (1) shall be liable to disciplinary action.
[Part 1 of Schedule]