On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 14/03/2006.
72.
—(1) In this Division —
“contract” includes any kind of agreement or arrangement;
“controlled contract”, in relation to a casino operator, means a contract that relates wholly or partly to the supply of goods or services for the operations of the casino or to any other matter that is prescribed as a controlled matter for the purposes of this definition, a contract above a prescribed value or any class of contract prescribed as a controlled contract for the purposes of this definition, but does not include a contract that relates solely to —
(a)
the construction of the casino premises;
(b)
any other class of matter prescribed as not being controlled matter for the purposes of this definition;
(c)
a class of contract of a kind approved under subsection (2); or
(d)
any other class of contract prescribed as not being a controlled contract for the purposes of this definition.
(2) The Authority may, by notice in writing given to the casino operator, approve an agreement or arrangement with a specified person for the supply of specified goods or services as an agreement or arrangement that is not a contract to which this Division applies.
(3) The Authority may, by notice in writing given to the casino operator, exempt the casino operator from any of the requirements or provisions of this Division that are specified in the notice in relation to contracts if the Authority is satisfied that the system of internal controls and administrative and accounting procedures approved by the Authority under section 138 in relation to the casino operator adequately provide for compliance with this Division.
(4) The notice under subsection (3) may specify that it applies to contracts generally or to the classes of contracts specified in the notice.
73.
—(1) A casino operator shall not enter into or be a party to, or to the variation of, a contract that is a controlled contract in relation to that casino operator unless —
(a)
the casino operator has given notice in writing to the Authority of the details of the proposed contract or variation at least 28 days (or any shorter period approved by the Authority in a particular case or in respect of a particular class of contract) before entering into or becoming a party to it; and
(b)
the Authority has not, within that period, given notice in writing to the casino operator that the Authority objects to the proposed contract or requires further time, the further period to be specified in the notice, to conduct its investigations.
(2) If the Authority notifies the casino operator that it requires further time to conduct its investigations, the casino operator shall not enter into the contract until the expiration of the period specified in the notice.
(3) If the Authority notifies the casino operator that it objects to the proposed contract, the casino operator shall not enter into the contract.
(4) The Authority may object to a proposed contract if, having regard to the circumstances, including the suitability of each party to the contract, it considers that the contract will affect the credibility, integrity and stability of casino operations.
(5) Any casino operator who contravenes subsection (1), (2) or (3) shall be liable to disciplinary action.
74. If —
(a)
a casino operator enters into a prescribed contract relating solely to a class of matter or class of contract specified by the Authority under section 72 as not being controlled matter or a controlled contract; or
(b)
any such contract is varied,
the casino operator shall, within 14 days of entering into the prescribed contract or the variation, as the case may be, give notice in writing to the Authority of that fact and brief particulars of the contract or variation.
75. The Authority may, by notice in writing, require any party to a controlled contract or a prescribed contract under section 74 to provide such information as the Authority may require, and section 60 shall apply to that party in the same manner as section 60 applies to a casino operator.
76.
—(1) The Authority may serve on each party to a controlled contract a notice in writing affording the party an opportunity to show cause within 14 days why the contract should not be terminated on the ground that, for reasons specified in the notice, the continuance of the contract affects the credibility, integrity and stability of casino operations.
(2) The person may, within the period specified in the notice in subsection (1), arrange with the Authority for the making of submissions as to why the contract should not be terminated.
(3) After considering any submissions so made, the Authority may, by notice in writing served on each party to the contract, require the contract to be terminated within a time specified in the notice.
(4) If the contract is not terminated as required by the notice under subsection (3), it is deemed to be terminated by this Act upon expiry of the period specified in the notice.
77. If a controlled contract is terminated or deemed to be terminated in accordance with section 76 —
(a)
the termination does not affect a right acquired, or a liability incurred, before that termination by a person who was a party to the contract;
(b)
no liability for breach of contract is incurred by a person who was a party to the contract by reason only of that termination; and
(c)
the Authority does not incur any liability by reason of that termination.
78.
—(1) A party to a contract terminated or deemed to be terminated in accordance with section 76 shall not give any effect to any part of the contract.
(2) Any casino operator who contravenes subsection (1) shall be liable to disciplinary action.
(3) Any person (other than a casino operator) who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000 and, in the case of a continuing offence, to a further fine not exceeding $15,000 for every day or part thereof during which the offence continues after conviction.