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Part 2 - Gambling - Subpart 5 - Licensing of casino gambling

119 Requirements for casino gambling

Subpart 5—Licensing of casino gambling

 

General provisions

 

119Requirements for casino gambling

A casino may be operated only by a person who holds a casino operator's licence—

(a)if the casino gambling occurs at a place for which the person also holds a casino venue licence; or
(b)if the casino operator has an approved casino venue agreement with another person who holds a casino venue licence.

 

120 Racing betting and sports betting in casinos

120Racing betting and sports betting in casinos
(1)Racing betting or sports betting in a casino that is conducted by the New Zealand Racing Board and that is authorised by, and complies with, the Racing Act 2003 must not be treated as casino gambling and, accordingly, is not subject to this subpart.

 

(2)A casino licence holder must notify the Secretary within 10 working days after the licence holder enters into an agreement with the New Zealand Racing Board that allows the New Zealand Racing Board to conduct racing betting or sports betting in a casino.

 

121 Casino branding

121Casino branding
(1)Only the following persons may use in their branding the word casino, or any other word or get-up, in a way that conveys the impression that a place is a casino and accessible to the public:
(a)the holder of a casino licence that is not suspended:

 

(b)a person granted temporary authority to operate a casino under section 187:

 

(c)a person referred to in subsection (2) for the time specified in subsection (3).

 

(2)Subsection (3) applies to persons (other than persons referred to in subsection (1)(a) and (b)) who, at the time this section commences, use in their branding the word casino, or any other word or get-up, in a way that conveys the impression that a place is a casino and accessible to the public.

 

(3)Persons referred to in subsection (2) must cease using the word or get-up referred to in subsection (2) 18 months after the commencement of this section.

 

(4)This section does not override other laws affecting branding and use of words and get-up.

 

(5)A person who contravenes subsection (1) or subsection (3) commits an offence and is liable on … conviction to a fine not exceeding $10,000.

 

122 Existing casino licences and agreements

122Existing casino licences and agreements
(1)An existing casino operator's licence becomes, and must be treated as if it were, a casino operator's licence granted under section 130.

 

(2)An existing casino premises licence becomes, and must be treated as if it were, a casino venue licence.

 

(3)An existing casino venue agreement becomes, and must be treated as if it were, a casino venue agreement approved under section 133.

 

123 Directions as to operating casinos

123Directions as to operating casinos

Directions given by the Authority under section 70 of the Casino Control Act 1990 become, and must be treated as if they were, minimum operating standards specified under section 141.

 

124 Suitability requirements

124Suitability requirements
(1)A casino operator’s licence must not be granted and a casino venue licence must not be renewed unless the Gambling Commission is satisfied that the applicant and persons with a significant influence are suitable.

 

(2)In considering whether an applicant or person with a significant influence is suitable, the Gambling Commission must take into account the following matters:
(a)the honesty of the applicant or person with a significant influence, including—
(i)whether the applicant or person with a significant influence has been convicted of a relevant offence; and
(ii)whether the applicant or person with a significant influence has been disciplined by a professional body for ethical misconduct; and
(iii)whether the applicant or person with a significant influence has been disciplined in any way during previous involvement with a casino; and
(iv)any other matters raised in the Police report, and the report of any government agency to which the application is referred, provided under section 125; and
(b)the financial position of the applicant or person with a significant influence, including—
(i)whether the applicant or person with a significant influence has ever been adjudged bankrupt; and
(ii)whether the applicant or person with a significant influence has been directly involved in the management of a company that went into receivership or liquidation; and
(iii)whether the applicant or person with a significant influence has sufficient financial resources; and
(iv)whether the applicant or person has been prohibited or disqualified from acting as a director or promoter of, or in any way, whether directly or indirectly, being concerned or taking part in the management of, a company under section 382, 383, or 385 of the Companies Act 1993; and
(v)whether the applicant or person has been prohibited from acting as a director or directly or indirectly being concerned, or taking part, in the management of a company under section 299 of the Insolvency Act 2006; and
(c)the business skills of the applicant or person with a significant influence, including—
(i)whether the applicant or person with a significant influence has sufficient business management experience; and
(ii)whether the applicant or person with a significant influence has sufficient experience in casino operation or the operation of similar ventures; and
(iii)whether the applicant or person with a significant influence has qualifications relevant to the operation of a casino; and
(d)the management structure of the applicant, including—
(i)whether that structure is suitably arranged for effective compliance with this Act; and
(ii)the nature of all relevant interests in the financial and management structure of the applicant; and
(iii)whether all such interests encourage the applicant’s effective compliance with the Act; and
(e)any other matter the Gambling Commission considers relevant.

 

Compare: 1990 No 62 s 23

Section 124(2)(b)(iv): inserted, on 3 March 2015, by section 74 of the Gambling Amendment Act 2015 (2015 No 3).

Section 124(2)(b)(v): inserted, on 3 March 2015, by section 74 of the Gambling Amendment Act 2015 (2015 No 3).

 

125 Gambling Commission must investigate application concerning casino licences

125Gambling Commission must investigate application concerning casino licences
(1)On receiving an application for a casino operator's licence or for renewal of a casino venue licence, or for approval of a proposed transferee or alienee of a casino licence, the Gambling Commission must investigate the applicant, the proposed transferee or alienee, and persons with a significant influence.

 

(2)Without limiting subsection (1), the Gambling Commission—
(a)may require the applicant, the proposed transferee or alienee, and persons with a significant influence to consent to having their photograph and fingerprints taken; and
(b)may require the applicant, the proposed transferee or alienee, and persons with a significant influence to provide further information; and
(c)must refer a copy of the application, and any photographs, fingerprints, or other information obtained in the investigation, to the police and any Government agency (not including the Inland Revenue Department) that the Gambling Commission considers relevant.

 

(3)The police and any Government agency to whom the application is referred must inquire into, and report to the Gambling Commission on, the applicant, the proposed transferee or alienee, and persons with a significant influence.

 

(4)The Gambling Commission may refuse to grant a casino operator's licence or renew a casino venue licence or approve a proposed transferee or alienee of a casino licence if the applicant, transferee or alienee, or persons with a significant influence fail to provide information requested by the Gambling Commission or refuse to have fingerprints or a photograph taken.

 

(5)Fingerprints and photographs provided by the Gambling Commission to the police or other Government agency must be returned to the Gambling Commission for destruction under subsection (6).

 

(6)Fingerprints and photographs required by the Gambling Commission must be destroyed immediately after the Gambling Commission has made a decision as to whether or not to grant a casino operator's licence or renew a casino venue licence or approve a proposed transferee or alienee of a casino licence.

 

126 Mortgage or assignment of casino licence

126Mortgage or assignment of casino licence
(1)A holder of a casino licence may not mortgage, charge, or otherwise encumber a casino licence unless the proposed holder of, and the nature, terms, and conditions of, the mortgage, charge, or encumbrance are first approved by the Gambling Commission.

 

(2)A casino licence may not be transferred or alienated as a result of a mortgage, charge, or encumbrance being enforced unless the proposed transferee or alienee and any person who has or is likely to have a significant influence has first been approved by the Gambling Commission.

 

(3)A charge holder, mortgagee, or holder of an encumbrance, or the holder of the casino licence, may apply on the relevant form to the Gambling Commission for approval under subsection (1) or subsection (2).

 

(4)In considering whether to approve a proposed transferee or alienee, and any person with a significant influence under subsection (2), the Gambling Commission must investigate the suitability of the proposed transferee or alienee, and person, in accordance with sections 124 and 125.

 

127 Casino licence not transferable

127Casino licence not transferable

A casino licence is not transferable except under section 126.

 

128 Application for casino operator's licence

Casino operator's licence

 

128Application for casino operator's licence
(1)A person may apply to the Gambling Commission for a licence to conduct casino gambling.

 

(2)An application must be on the relevant form.

 

129 Consideration of application

129Consideration of application
(1)On receiving an application under section 128, the Gambling Commission must investigate the applicant and any person with a significant influence under section 125.

 

(2)In considering an application, the Gambling Commission must have regard to—
(a)the suitability of the applicant and persons with a significant influence; and
(b)the expertise of the applicant that is relevant to the obligations of the holder of a casino operator's licence; and
(c)whether the applicant has the business management experience to operate a casino successfully.

 

130 Grant of casino operator's licence

130Grant of casino operator's licence
(1)The Gambling Commission must not grant a casino operator's licence unless the Gambling Commission is satisfied that the applicant and any person with a significant influence is suitable in terms of section 124.

 

(2)On granting a casino operator's licence, the Gambling Commission may specify any conditions that it considers appropriate under section 139.

 

131 Expiry of casino operator's licence

131Expiry of casino operator's licence

A casino operator's licence expires when—

(a)the licensee surrenders the licence; or
(b)the licence is cancelled by the Gambling Commission under section 145.

 

132 Approval of casino venue agreement

Casino venue agreements

 

132Approval of casino venue agreement
(1)Casino licence holders who propose to enter into a casino venue agreement must apply to the Gambling Commission for approval of the agreement before entering into it.

 

(2)A party to a casino venue agreement who seeks to amend that agreement must apply to the Gambling Commission for approval of the amendment before the amendment is made.

 

(3)An application for approval under subsection (1) or subsection (2) must be on the relevant form.

 

133 Consideration of application

133Consideration of application
(1)An application under section 132 for the approval of a casino venue agreement or of an amendment to a casino venue agreement must be considered by the Gambling Commission.

 

(2)The Gambling Commission may require the applicant to provide a copy of the proposed agreement and any other relevant information to assist the Gambling Commission to consider the application.

 

(3)In considering an application, the Gambling Commission must have regard to any suitability requirements specified in section 124 that the Gambling Commission considers relevant.

 

(4)The Gambling Commission must not approve a casino venue agreement or an amendment to a casino venue agreement unless it is satisfied that the agreement is conducive to the conduct of responsible gambling in the casino.

 

(5)A casino venue agreement expires according to its terms or when—
(a)a party to the casino venue agreement surrenders the party's casino licence; or
(b)the casino venue licence expires and is not renewed; or
(c)a casino licence of a party is cancelled; or
(d)the Gambling Commission approves a new casino venue agreement; or
(e)the casino venue agreement is entered into or amended without the approval of the Gambling Commission.

 

134 Application for renewal of casino venue licence

Renewal of casino venue licence

 

134Application for renewal of casino venue licence
(1)The holder of a casino venue licence may apply to the Gambling Commission to renew the licence.

 

(2)An application under subsection (1) must be—
(a)made in the period that is at least 1 year but not more than 2 years before the date on which the licence is due to expire; and
(b)on the relevant form; and
(c)accompanied by a casino impact report.

 

(3)A casino impact report must be prepared by a person approved by the Commission as independent of the applicant, and must—
(a)report on the expected social and economic effects on the local and regional areas affected by the operation of the casino, and on New Zealand generally, of—
(i)the continued operation of the casino; and
(ii)the closure of the casino; and
(b)report on matters identified by the Gambling Commission.

 

(4)The Gambling Commission may specify the research to be undertaken in preparing a casino impact report.

 

(5)The applicant for renewal of a casino venue licence must pay for the casino impact report.

 

135 Process for determining applications for renewal

135Process for determining applications for renewal
(1)After receiving an application for renewal of a casino venue licence, the Gambling Commission must do the following things, although not necessarily in the order given:
(a)investigate the applicant and persons with a significant influence under section 125 to determine whether they—
(i)are suitable, in terms of section 124; and
(ii)have complied with this Act and previous gaming Acts and regulations made under them:
(b)give public notice of the application:
(c)by public notice, invite written submissions on the application:
(d)by public notice, invite people who wish to appear and be heard at a public hearing to apply to the Gambling Commission for authorisation:
(e)give public notice of the commencement of hearings, and of how people may find out where and when hearings are to be held:
(f)make available for public inspection, subject to any agreement between the applicant and the Gambling Commission regarding confidentiality, copies of the application, any amendments to it, the casino impact report, and any other relevant documentation:
(g)conduct a public hearing of the application at which evidence of the parties is heard and parties may examine and cross-examine witnesses:
(h)give public notice of the decision of the Gambling Commission:
(i)make copies of the decision available to the public.

 

(2)The Gambling Commission may require the Secretary to report to it on the matters referred to in subsection (1)(a) as part of its investigation under that paragraph.

 

(3)Subsection (1) sets out the minimum that the Gambling Commission must do to determine an application for renewal of a casino venue licence, but the Gambling Commission may take additional steps, or repeat or combine processes, as the Gambling Commission considers appropriate.

 

(4)Persons or groups who satisfy the Gambling Commission that they represent a section of the community in which the casino is located are entitled to appear and be heard at the public hearing of the application in person or by counsel or agent.

 

(5)In giving public notice under subsection (1), it is sufficient for the Gambling Commission to publish the notice twice, at intervals of not more than 14 days, in a major newspaper circulating in the locality of the casino to which the application relates.

 

136 Information and matters to be considered

136Information and matters to be considered

Before deciding whether to renew a casino venue licence, the Gambling Commission must consider—

(a)the application; and
(b)the casino impact report; and
(c)any additional information or evidence provided by the applicant or person with a significant influence at the Gambling Commission's request; and
(d)any written submissions and other written and oral evidence; and
(e)the compliance record of the applicant and persons with a significant influence; and
(f)any views conveyed by a local authority after an opinion poll or community consultation process; and
(g)the results of investigations under section 125.

 

137 Renewal of casino venue licence

137Renewal of casino venue licence
(1)The Gambling Commission must not renew a casino venue licence unless it is satisfied that—
(a)the applicant and persons with a significant influence are suitable in terms of section 124; and
(b)the applicant's compliance record, and that of persons with a significant influence, is satisfactory; and
(c)renewing the licence will result in a net benefit—
(i)to the local and regional communities around the casino; and
(ii)to New Zealand generally.

 

(2)In assessing whether there is a net benefit, the Gambling Commission must consider—
(a)the social and economic effects of granting, or refusing to grant, the renewal; and
(b)the level of support for the application, including the result of any poll conducted by the local authority; and
(c)the nature and standard of the casino facilities.

 

138 Expiry of casino venue licence

138Expiry of casino venue licence
(1)A casino venue licence expires 25 years after the date the casino commenced operating.

 

(2)A licence that is renewed under section 137 expires 15 years after the date of renewal.

 

(3)A casino venue licence may be renewed more than once.

 

(4)A casino venue licence to which an application for renewal relates continues in force until the Gambling Commission decides whether or not to renew that licence.

 

139 Conditions of casino licence

Amendment of casino licence

 

139Conditions of casino licence
(1)The Gambling Commission may specify the conditions of a casino licence or vary or revoke the conditions of a casino licence in the following circumstances:
(a)on granting a casino operator’s licence:
(b)on renewing a casino venue licence:
(c)on approving a casino venue agreement or an amendment to it:
(d)on application by the holder of the casino licence:
(e)on its own initiative or on the request of the Secretary.

 

(2)A condition of a casino licence specified under subsection (1)—
(a)must be consistent with this Act; and
(b)must contribute to achieving the purpose of this Act; and
(c)must contribute to the efficient and effective administration of this Act; and
(d)must not permit an increase in the opportunities for casino gambling; and
(e)may relate to any matter, including the matters specified in Schedule 1, within the confines of paragraphs (a) to (d).

 

Section 39(2)(b): amended, on 3 March 2015, by section 75 of the Gambling

Amendment Act 2015 (2015 No 3).

140 Procedure for specifying, varying, or revolving casino licence conditions

140Procedure for specifying, varying, or revolving casino licence conditions
(1)The Gambling Commission must notify the holder of the relevant casino licence, the Secretary, and any other person who it considers is affected by a proposal to specify, vary, or revoke the conditions of a casino licence.

 

(2)Notification under subsection (1) must include—
(a)the reason for the proposal; and
(b)the procedure to be followed before the Gambling Commission makes a decision relating to the proposal.

 

(3)The holder of the casino licence, the Secretary, and any other person affected may make written submissions to the Gambling Commission concerning the proposal within 20 working days after the date of the notice under subsection (1) or within any longer period that the Gambling Commission allows.

 

(4)The Gambling Commission must consider any submissions made under subsection (3) and may, if it considers it appropriate, seek comment from the casino licence holder on the submissions received from the Secretary or other persons affected.

 

(5)The Gambling Commission must notify the holder of the casino licence, the Secretary, and other persons affected of—
(a)its decision concerning the proposal and the reasons for the decision; and
(b)the right to appeal the decision and the process for an appeal.

 

141 Minimum operating standards in casino licences

141Minimum operating standards in casino licences
(1)The Secretary may specify the minimum operating standards for the day-to-day operation of a casino, for inclusion in a casino licence, or vary or revoke those standards, in the following circumstances:
(a)on the grant of a casino operator's licence:
(b)on the renewal of a casino venue licence:
(c)on the approval of a casino venue agreement or an amendment to it:
(d)on application by the holder of a casino licence:
(e)on the Secretary's own initiative.

 

(2)Minimum operating standards must relate to any matter concerning the day-to-day operation of a casino, including (but not limited to) some or all of the matters specified in Schedule 2.

 

142 Procedure for specifying, varying, or revoking minimum operating standards

142Procedure for specifying, varying, or revoking minimum operating standards
(1)The Secretary must notify the holder of the relevant casino licence and other persons who the Secretary considers are affected by a proposal to specify, vary, or revoke the minimum operating standards of the casino licence.

 

(2)Notification under subsection (1) must include—
(a)the reason for the proposal; and
(b)the procedure to be followed before the Secretary makes a decision relating to the proposal.

 

(3)The holder of the casino licence and other persons affected may make written submissions to the Secretary concerning the proposal within 20 working days after the date of the notice under subsection (1) or within any longer period that the Secretary allows.

 

(4)The Secretary must consider any submissions made under subsection (3) and may, if he or she considers it appropriate, seek comment from the holder of the casino licence on the submissions received.

 

(5)The Secretary must notify the holder of the casino licence and other persons affected of—
(a)the Secretary's decision concerning the proposal and the reasons for the decision; and
(b)the right to appeal the decision and the process for an appeal.

 

143 Appeal to Gambling Commission

143Appeal to Gambling Commission
(1)The holder of a casino licence or other person affected may appeal to the Gambling Commission against a decision of the Secretary to specify, vary, or revoke, or to refuse to specify, vary, or revoke, the minimum operating standards of a casino licence.

 

(2)An appeal must be made within—
(a)15 working days after the date of the notice of the Secretary's decision; or
(b)any longer period that the Gambling Commission allows if an application for an extension is made within the time period specified in paragraph (a).

 

(3)The Gambling Commission—
(a)may request any information from the appellant or the Secretary; and
(b)is not bound to follow any formal procedure; and
(c)does not need to hold a hearing; and
(d)must consider any information provided by the appellant or the Secretary.

 

(4)The Gambling Commission may then—
(a)confirm, vary, or reverse the decision of the Secretary; or
(b)refer the matter back to the Secretary with directions to reconsider the decision.

 

(5)The Gambling Commission must give notice of its decision, with reasons, to both the appellant and the Secretary.

 

144 Suspension or cancellation of casino licence

Suspension, cancellation, and surrender of casino licence

 

144Suspension or cancellation of casino licence

The Secretary may apply to the Gambling Commission for an order that a casino licence be suspended or cancelled if the Secretary is satisfied that—

(a)the licence holder is breaching or has breached this Act or a condition of the licence or minimum operating standards; or
(b)the licence holder or an associated person is no longer suitable to hold the licence or to be an associated person having regard to the suitability requirements in section 124; or
(c)the licence holder or an associated person is failing or has failed, without good cause, to supply information requested by the Secretary or a gambling inspector or knowingly has provided false information; or
(d)the licence holder—
(i)has failed to discharge its financial commitments; or
(ii)has entered into a compromise with its creditors; or
(iii)is being or has been wound up (voluntarily or by court order); or
(iv)is liquidated; or
(v)is subject to the appointment of a receiver or receiver and manager; or
(vi)is being or has been made subject to statutory management under Part 3 of the Corporations (Investigation and Management) Act 1989.

 

145 Procedure for suspending or cancelling casino licence

145Procedure for suspending or cancelling casino licence
(1)The Gambling Commission must decide whether or not to grant an order sought by the Secretary under section 144 after following the procedure outlined in this section.

 

(2)The Gambling Commission must—
(a)send a copy of an application under section 144 to the holder of the casino licence affected; and
(b)notify the licensee and the parties to a casino venue agreement with the licensee of their right to make submissions under subsection (3); and
(c)notify the persons in paragraph (b) of their right to a hearing.

 

(3)The persons referred to in subsection (2)(b) may—
(a)make written submissions to the Gambling Commission concerning the application for suspension or cancellation within 20 working days after the date of the notice under subsection (2), or within any longer period that the Gambling Commission allows if an application for an extension is made within the time period specified in this paragraph; and
(b)request a hearing about the application for suspension or cancellation.

 

(4)If a hearing is requested, the Gambling Commission must—
(a)fix the earliest practicable date for the hearing; and
(b)give at least 20 working days' notice of the date, time, and place of the hearing to the persons referred to in subsection (2)(b).

 

(5)The Secretary and the persons referred to in subsection (2)(b) are entitled to produce evidence and to appear and be heard at the hearing, personally or by counsel or agent, and to call, examine, and cross-examine witnesses.

 

(6)The Gambling Commission may adjourn a hearing to allow the licence holder an opportunity to deal with any matters that the Gambling Commission requires the licence holder to deal with.

 

146 Notification of suspension and cancellation

146Notification of suspension and cancellation
(1)The Gambling Commission may grant an order sought under section 144 if it is satisfied that—
(a)1 or more of the grounds in section 144 are met; and
(b)it considers it desirable to do so.

 

(1A)The Gambling Commission may exercise the power of suspension conferred by this section in respect of any breach that falls within section 144(a) or (c) whether or not—

(a)the breach continues at the time that the power is exercised or is proposed to be exercised:
(b)a penalty is prescribed for the breach.

 

(2)If the Gambling Commission decides to suspend a casino licence, the Gambling Commission must notify the licence holder of—
(a)the duration of the suspension (up to 6 months); and
(b)the reasons for the suspension; and
(c)where the casino licence is suspended because of a continuing breach,—
(i)the matters to be dealt with in order for the Gambling Commission to consider withdrawing the suspension before the end of the suspension period; and
(ii)the consequences of not dealing with the matters identified; and
(d)[Repealed]
(e)the right to appeal the decision under section 235.

 

(3)If the Gambling Commission decides to cancel a casino licence, the Gambling Commission must notify the licence holder of the date on which the cancellation takes effect, the reasons for the cancellation, and the right to appeal the decision under section 235.

 

(4)The Gambling Commission may revoke a suspension if it is satisfied that the reasons for the suspension have been resolved.

 

(5)A suspended casino licence must be cancelled if, at the end of the suspension period, the reasons for the suspension are not resolved to the satisfaction of the Gambling Commission.

 

(6)A person is not entitled to a refund of fees, taxes, or levies paid if the Gambling Commission suspends or cancels a casino licence.

 

Compare: 1990 No 62 s 91

Section 146(1A): inserted, on 3 March 2015, by section 76(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 146(2)(c): replaced, on 3 March 2015, by section 76(2) of the Gambling Amendment Act 2015 (2015 No 3).

Section 146(2)(d): repealed, on 3 March 2015, by section 76(2) of the Gambling Amendment Act 2015 (2015 No 3).

Section 146(2)(e): amended, on 3 March 2015, by section 76(3) of the Gambling Amendment Act 2015 (2015 No 3).

Section 146(3): amended, on 3 March 2015, by section 76(4) of the Gambling Amendment Act 2015 (2015 No 3).

 

147 Surrender of casino licence

147Surrender of casino licence
(1)The holder of a casino licence—
(a)must surrender the licence to the Secretary, if it is cancelled; and
(b)may surrender the licence to the Secretary at any time.

 

(2)A surrender is effected by delivering to the Secretary—
(a)notice to that effect; and
(b)the licence.

148 Appeal against cancellation or suspension

148Appeal against cancellation or suspension

[Repealed]

 

Section 148: repealed, on 3 March 2015, by section 77 of the Gambling Amendment Act 2015 (2015 No 3).

149 Approval for associated persons required

Associated persons

 

149Approval for associated persons required
(1)No person may have or continue to have a significant influence in a casino unless that person is approved as an associated person for that casino—
(a)by the Secretary, in the circumstances described in this section; or
(b)by the Gambling Commission, on appeal from a decision of the Secretary, on application for a casino operator's licence, on application for renewal of a casino venue licence, and on application for approval of a proposed transferee or alienee of a licence.

 

(2)In the circumstances described in subsection (3), the Secretary—
(a)must undertake any investigations the Secretary considers necessary and decide whether a person has or is likely to have a significant influence in a casino; and
(b)if the Secretary decides the person has or is likely to have a significant influence in a casino, must then decide to either approve or refuse to approve the person as an associated person.

 

(3)The circumstances are as follows:
(a)receipt by the Secretary of information under section 151; or
(b)receipt by the Secretary of an application for approval under section 152; or
(c)receipt by the Secretary of advice by a casino licence holder under section 153; or
(d)if the Secretary receives or obtains information about the degree of influence a person has in the management, ownership, or operation of a casino and forms the belief that a particular person may have a significant influence in a casino.

 

(4)The Secretary must not approve a person as an associated person unless the Secretary is satisfied that the person meets the suitability requirements specified in section 124.

 

(5)In assessing suitability, the Secretary has the powers, and other persons have the obligations, in section 125 as if references to the Gambling Commission were references to the Secretary.

 

(6)The Secretary must notify the person investigated, and each casino licence holder to whom the decision directly relates, of the Secretary's decisions under subsection (2).

 

(7)If the Secretary refuses to approve a person as an associated person under this section, the person must not acquire or continue to hold the position or interest that confers the significant influence in the casino.

 

(8)A person who is approved under section 48 of the Casino Control Act 1990 as of the date this section comes into force is to be regarded as a person approved by the Secretary under subsection (1) as an associated person.

 

150 Appeal to Gambling Commission

150Appeal to Gambling Commission
(1)A person who has been refused status as an associated person in any of the circumstances described in section 149, or whose status as an associated person has been revoked under section 155, may appeal to the Gambling Commission against that refusal or revocation.

 

(2)An appeal must be made within—
(a)15 working days after the date of the notice of the Secretary's decision; or
(b)any longer period that the Gambling Commission allows if an application for an extension is made within the time period specified in paragraph (a).

 

(3)The Gambling Commission—
(a)may request any information from the appellant or the Secretary; and
(b)is not bound to follow a formal procedure; and
(c)does not need to hold a hearing; and
(d)must consider any information provided by the appellant or the Secretary.

 

(4)The Gambling Commission may then—
(a)confirm, vary, or reverse the decision of the Secretary; or
(b)refer the matter back to the Secretary with directions to reconsider the decision.

 

(5)The Gambling Commission must give notice of its decision, with reasons, to both the appellant and the Secretary.

 

151 Responsibilities of person who acquires significant influence without approval

151Responsibilities of person who acquires significant influence without approval

A person who acquires a significant influence in a casino and who is not approved as an associated person must inform the following persons of that significant influence:

(a)the Secretary or the Gambling Commission (as the case may be); and
(b)each holder of, or applicant for, a casino licence for the casino in which that person has acquired a significant influence.

 

152 Licensee to seek prior approval

152Licensee to seek prior approval
(1)If possible, a casino licence holder must apply to the Secretary for approval of a person as an associated person before that person acquires a significant influence in a casino.

 

(2)An application must be in the relevant form.

 

153 Responsibility of licensee aware of person with significant influence

153Responsibility of licensee aware of person with significant influence

A casino licence holder must advise the Secretary that a person has acquired a significant influence in a casino to which the holder's licence relates as soon as the licence holder becomes aware of that fact.

 

154 Affected transactions

154Affected transactions
(1)This section applies if a person acquires a significant influence in a casino without prior approval as an associated person.

 

(2)An affected transaction means any transaction by which a person acquired a significant influence in a casino without prior approval as an associated person, and includes all aspects of the means by which that influence was acquired.

 

(3)If the Secretary refuses to approve [a person with a significant influence as] an associated person, the Secretary must then—
(a)advise the Gambling Commission that an affected transaction has occurred; and
(b)provide the Gambling Commission with a summary of the information held by the Secretary about the affected transaction.

 

155 Review of associated persons by Secretary

155Review of associated persons by Secretary
(1)The Secretary may review the approval of a person as an associated person, and the provisions of section 149 apply to a review as if it were an original investigation.

 

(2)The Secretary may revoke the approval of a person as an associated person if, after a review, the Secretary considers that the person does not satisfy the suitability requirements specified in section 124.

 

(3)The Secretary must notify the relevant person, and each casino licence holder with whom that person is associated, of a revocation under subsection (2).

 

Section 155(3): amended, on 3 March 2015, by section 78 of the Gambling Amendment Act 2015 (2015 No 3).

 

156 Actions that may be taken by Gambling Commission

156Actions that may be taken by Gambling Commission
(1)This section applies if—
(a)a person is refused status as an associated person by the Secretary in any of the circumstances described in section 149 or has that status revoked under section 155; and
(b)the time for appeal under section 150 against the refusal or revocation has expired; and
(c)any appeal lodged under section 150 has been decided.

 

(2)The Gambling Commission may require a person who is refused status as an associated person or whose status as an associated person is revoked, and the relevant casino licence holder, to organise themselves to remove or circumvent the significant influence in the casino of the person.

 

157 Existing certificates of approval

Certificates of approval

 

157Existing certificates of approval

A person who holds a certificate of approval issued under section 57 of the Casino Control Act 1990 must be treated as if the person were a person who holds a certificate of approval issued under section 163.

 

158 Certain casino employees must be approved

158Certain casino employees must be approved
(1)A person employed in a casino to do an activity described in subsection (2) must hold a certificate of approval issued under section 163.

 

(2)The activities are—
(a)conducting approved games (for example, as a dealer):
(b)counting money or chips derived from or used in gambling:
(c)moving money or chips derived from or used in gambling:
(d)buying or redeeming chips:
(e)operating, maintaining, constructing, or repairing gambling equipment:
(f)supervising or managing any of the activities described in paragraphs (a) to (e).

 

(3)Regulations may be made under section 371 that prescribe other classes of casino employees who require a certificate of approval.

 

(4)A person engaged by a casino licence holder under a contract for services may be required to apply for a certificate of approval if the Secretary determines that the services relate to an activity described in subsection (2) or to an activity usually performed by a class of employees prescribed under subsection (3).

 

159 Application for certificate of approval

159Application for certificate of approval

An application for a certificate of approval must be made to the Secretary on the relevant standard form.

 

160 Secretary must investigate application for certificate of approval

160Secretary must investigate application for certificate of approval
(1)On receiving an application for a certificate of approval, the Secretary must investigate and inquire as the Secretary considers necessary to enable the Secretary to consider the application properly.

 

(2)Without limiting subsection (1), the Secretary—
(a)may require the applicant to consent to having his or her photograph and fingerprints taken; and
(b)may require the applicant to provide further information to support the application; and
(c)must refer a copy of the application, and any photographs, fingerprints, or other information obtained by the Secretary in the investigation, to the police and any Government agency (not including the Inland Revenue Department) that the Secretary considers relevant.

 

(3)The police and any agency to whom the application is referred must inquire into and report to the Secretary on the applicant.

 

(4)The Secretary may refuse to grant an application if the applicant fails to provide information requested by the Secretary or refuses to have fingerprints or a photograph taken.

 

(5)Fingerprints provided by the Secretary to the police or a Government agency must be returned to the Secretary for destruction under subsection (6).

 

(6)Fingerprints required by the Secretary must be destroyed by the Secretary immediately after the Secretary has made a decision as to whether or not to grant a certificate of approval.

 

161 Information and matters that Secretary may take into account

161Information and matters that Secretary may take into account
(1)In considering an application for a certificate of approval, the Secretary may take into account the following matters:
(a)the honesty of the applicant, including—
(i)whether the applicant has convictions for relevant offences; and
(ii)whether the applicant has been disciplined by a professional body for ethical misconduct; and
(iii)whether the applicant has been disciplined in any way during previous involvement with a casino; and
(iv)any other matters raised in a Police or other report provided under section 160; and
(b)the financial position of the applicant, including—
(i)whether the applicant has been adjudged bankrupt; and
(ii)whether the applicant was directly involved in the management of a company that went into receivership or liquidation during the period of the applicant’s involvement; and
(iii)the credit history of the applicant; and
(iv)whether the applicant has been prohibited or disqualified from acting as a director or promoter of, or in any way, whether directly or indirectly, being concerned or taking part in the management of, a company under section 382, 383, or 385 of the Companies Act 1993; and
(v)whether the applicant has been prohibited from acting as a director or directly or indirectly being concerned, or taking part, in the management of a company under section 299 of the Insolvency Act 2006.

 

(2)The Secretary may take into account matters of a similar nature to those listed in subsection (1) that occurred outside New Zealand.

 

(3)The Secretary must not grant an application unless he or she is satisfied that the applicant is a suitable person to work in a casino.

 

Compare: 1990 No 62 s 55

Section 161(1)(b)(iii): amended, on 3 March 2015, by section 79 of the Gambling Amendment Act 2015 (2015 No 3).

Section 161(1)(b)(iv): inserted, on 3 March 2015, by section 79 of the Gambling Amendment Act 2015 (2015 No 3).

Section 161(1)(b)(v): inserted, on 3 March 2015, by section 79 of the Gambling Amendment Act 2015 (2015 No 3).

 

162 Refusal of application for certificate of approval

162Refusal of application for certificate of approval
(1)This section applies if the Secretary proposes to refuse to grant an application for a certificate of approval.

 

(2)The Secretary must notify the applicant of the proposed refusal, and of the Secretary's reasons for it.

 

(3)The notice must invite the applicant to make submissions to the Secretary on the matter, either in person or in writing, within 15 working days after the date on which the notice is given to the applicant, or within any further period that the Secretary allows if an application for an extension is made within the time period specified in this subsection.

 

(4)If the applicant makes a submission to the Secretary within the time specified in subsection (3), the Secretary must consider the submission before finally determining whether or not to grant the application.

 

(5)If the Secretary decides to refuse the application, the Secretary must notify the applicant of that decision, and the reasons for it, and of the applicant's right to appeal against the decision under section 171.

 

163 Issue of certificate of approval

163Issue of certificate of approval

If the Secretary grants an application for a certificate of approval, the Secretary must issue to the applicant a certificate of approval in the form, and containing the information, specified in regulations made under section 369.

 

164 Expiry of certificate of approval

164Expiry of certificate of approval

A certificate of approval expires—

(a)if the certificate of approval is cancelled by the Secretary under section 167; or
(b)if the holder of the certificate of approval surrenders it under section 169(1)(b); or
(c)12 months after the holder of the certificate of approval ceases to be employed by, or contracted to, the holder of a casino licence—
(i)to do activities to which section 158(2) applies; or
(ii)to perform the services referred to in section 158(4); or
(iii)as a casino employee in any class prescribed in regulations made under section 371(1)(f); or
(d)if the holder of the certificate of approval dies.

 

Compare: 1990 No 62 s 58

Section 164(c): replaced, on 3 March 2015, by section 80 of the Gambling Amendment Act 2015 (2015 No 3).

 

165 Commencement of duties before issue of certificate of approval

165Commencement of duties before issue of certificate of approval
(1)The Secretary may permit an applicant for a certificate of approval to commence employment in the casino or to undertake services for the casino licence holder before the application is determined subject to any terms, conditions, and restrictions that the Secretary considers appropriate.

 

(2)Subsection (1) applies if the Secretary considers that—
(a)a decision on the application may not be made for some time; and
(b)the operation of the casino will be seriously prejudiced or disadvantaged by the delay in the employment or engagement of the applicant; and
(c)the commencement of the employment or engagement of the applicant will not prejudice the integrity of the operation of the casino.

 

166 Application for suspension or cancellation of certificate of approval

166Application for suspension or cancellation of certificate of approval
(1)A constable or a gambling inspector may apply to the Secretary for an order—
(a)suspending a certificate of approval; or
(b)cancelling a certificate of approval.

 

(2)An application for an order must—
(a)be made in the relevant form and manner; and
(b)contain the relevant information.

 

(3)The applicant must send or give a copy of the application to the holder of the certificate of approval and to the holder of the relevant casino operator’s licence if the holder of the certificate of approval is employed in a casino or engaged by a casino licence holder.

 

(4)The holder of the relevant casino operator’s licence must provide to the Secretary, on request, the latest contact details of the holder of the certificate of approval if the holder of the certificate of approval is employed in a casino or engaged by a casino licence holder.

 

(5)If the Secretary is satisfied that there are grounds to consider suspending or cancelling a certificate of approval, the Secretary must—
(a)obtain from the holder of the relevant casino operator’s licence (if any) the contact details of the certificate of approval holder; and
(b)write to the holder of the certificate of approval, enclosing a copy of the application, advising the person that—
(i)he or she may make a written submission to the Secretary on the application; and
(ii)he or she may request, and appear at, a hearing (whether personally or by counsel) and may call, examine, and cross-examine witnesses.

 

(6)If the holder of the certificate of approval requests a hearing or the Secretary decides to hold a hearing, the Secretary must—
(a)fix the earliest practicable date for the hearing; and
(b)notify the holder of the certificate of approval and the applicant of the date, time, and place of the hearing, which must be no earlier than 15 working days after the notification.

 

(7)In considering an application and conducting any hearing, the Secretary—
(a)is not bound to follow any formal procedure; and
(b)must consider any submission or information provided to him or her by the applicant and the holder of the certificate of approval.

 

Compare: 1990 No 62 s 93

Section 166(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 166(6): amended, on 3 March 2015, by section 81 of the Gambling Amendment Act 2015 (2015 No 3).

 

167 Making and revoking order suspending or cancelling certificate of approval

167Making and revoking order suspending or cancelling certificate of approval
(1)The grounds on which the Secretary may make an order suspending or cancelling a certificate of approval are as follows:
(a)that the certificate of approval was granted on the basis of information that was materially false or misleading:
(b)that the holder has been convicted, since applying for the certificate of approval, of an offence against this Act:
(c)that the holder has been convicted, since applying for the certificate of approval, of another offence reflecting on his or her suitability to be employed in a casino or engaged by a casino licence holder:
(d)that the holder has contravened section 170:
(e)that the conduct of the holder, since the issue of the certificate of approval, shows that he or she is not suitable to be employed in a casino or engaged by a casino licence holder.

 

(2)The Secretary may suspend for up to 6 months, or cancel, a certificate of approval if the Secretary is satisfied that—
(a)a ground in subsection (1) is established; and
(b)it is desirable to make an order.

 

(3)The Secretary must specify in the order the date that it takes effect.

 

(4)The Secretary must send a copy of the order and the reasons for it to the holder of the certificate of approval and notify the holder of the right of appeal under section 171.

 

(5)The Secretary may revoke the suspension of a certificate of approval if the Secretary is satisfied that the matters for which the suspension was imposed have been resolved (where possible) and that it would be just to revoke the suspension.

 

(6)A holder of a certificate of approval is not entitled to a refund of fees paid if the Secretary suspends or cancels the person's certificate of approval.

 

168 Secretary must notify casino

168Secretary must notify casino

If the holder of a certificate of approval is employed in a casino or engaged by a casino licence holder, the Secretary must notify the holder of the relevant casino operator's licence—

(a)if the certificate of approval is suspended or cancelled; and
(b)if an appeal is lodged; and
(c)of the outcome of an appeal.

 

169 Surrender of certificate of approval

169Surrender of certificate of approval
(1)The holder of a certificate of approval—
(a)must surrender the certificate of approval to the Secretary if the Secretary cancels or suspends it; or
(b)may surrender the certificate of approval to the Secretary by notice accompanied by the certificate of approval.

 

(2)A person who fails to comply with subsection (1)(a) commits an offence and is liable on … conviction to a fine not exceeding $500.

 

170 Restriction on holder of certificate of approval

170Restriction on holder of certificate of approval
(1)The holder of a certificate of approval must not, in relation to a casino in which he or she is employed or with which he or she is associated,
(a)gamble; or
(b)solicit or accept tips, gratuities, or other benefits from a player or customer.

 

(2)A person who fails to comply with this section is liable on … conviction to a fine not exceeding $5,000.

 

171 Appeal to Gambling Commission regarding certificate of approval

171Appeal to Gambling Commission regarding certificate of approval
(1)A person may appeal to the Gambling Commission against a decision of the Secretary to—
(a)refuse to grant a certificate of approval to the person; or
(b)suspend or cancel a certificate of approval held by the person.

 

(2)An appeal must be in writing and must be made within 15 working days after the date of notice of the Secretary's decision, or any longer time that the Gambling Commission allows if an application for an extension is made within the 15-day period.

 

(3)The Gambling Commission—
(a)may request any information from the person or the Secretary; and
(b)is not bound to follow any formal procedure; and
(c)does not need to hold a hearing; and
(d)must consider any information provided by the person or Secretary.

 

(4)The Gambling Commission may—
(a)confirm, vary, or reverse the decision of the Secretary; or
(b)refer the matter back to the Secretary with directions to reconsider the decision.

 

(5)The Gambling Commission must give notice of its decision, with reasons, to both the person and the Secretary.

 

(6)A certificate of approval remains unchanged until the period for appeal in subsection (2) expires, or pending the outcome of an appeal if the appellant appeals a suspension or cancellation under subsection (1)(b).

 

172 Restricted hours of operation

Operation of casinos

 

172Restricted hours of operation
(1)A holder of a casino licence must not conduct casino gambling on Christmas Day, Good Friday, or on Anzac Day between the hours of 3 am and 1 pm.

 

(2)A holder of a casino licence who contravenes subsection (1) commits an offence and is liable on … conviction to a fine not exceeding $10,000.

 

(3)The Governor-General may, by Order in Council, make regulations prescribing the days on, and the hours during, which a licensed casino may conduct casino gambling and the activities that may be undertaken.

 

(4)Regulations made under subsection (3) must not override subsection (1) but may impose restrictions that are additional to the restrictions in that subsection.

 

173 On-licences under Sale and Supply of Alcohol Act 2012

173On-licences under Sale and Supply of Alcohol Act 2012

Despite the Sale and Supply of Alcohol Act 2012, an on-licence granted under that Act for a licensed casino must be treated as authorising the sale of alcohol for consumption in the casino while the casino is lawfully operated.]

 

174 Charges to enter and play not permitted

174Charges to enter and play not permitted
(1)The holder of a casino licence must not charge or take a deposit, levy, or charge, directly or indirectly, to or from a person for the right to participate in casino gambling in the casino, except a commission or levy provided for in game rules.

 

(2)It makes no difference under subsection (1) that a deposit, levy, or charge is, or is claimed to be, refundable.

 

175 Information for customers

175Information for customers
(1)The holder of a casino operator's licence must display at each gaming table or location for playing a game (other than a gaming machine) a notice for the game played advising customers of the following matters:
(a)that copies of the game rules for the game are available on request:
(b)the permissible minimum and maximum bets:
(c)how winning bets will be paid.

 

(2)If a person in a casino asks for a copy of the game rules for a game, the holder of the casino operator's licence must make a copy available for examination without delay.

 

(3)The holder of a casino licence who fails to comply with this section commits an offence and is liable on … conviction to a fine not exceeding $5,000.

 

176 Training for employees

176Training for employees
(1)The holder of a casino operator's licence must provide training courses for conducting games for persons employed, or to be employed, in conducting games in the casino.

 

(2)The content, format, and duration of courses must be approved by the Secretary.

 

(3)The holder of the casino operator's licence must not employ a person to conduct a game unless the employee has completed the approved course of training for the conduct of that game.

 

(4)The holder of the casino operator's licence may conduct simulated games for training purposes on terms approved by the Secretary.

 

(5)The Secretary may exempt an employee or class of employees from this section.

 

(6)The holder of a casino operator's licence who contravenes this section commits an offence and is liable on … conviction to a fine not exceeding $5,000.

 

177 Books must be kept in casino venue

177Books must be kept in casino venue
(1)All books, records, and documents relating to the operation of a casino must be kept by the holder of the casino operator's licence in the casino venue.

 

(2)The Secretary may, on application by the holder of a casino operator's licence,—
(a)exempt the licence holder from compliance with subsection (1) in respect of specified books, records, or documents; or
(b)permit the licence holder to temporarily remove books, records, or documents from the casino venue.

 

(3)All books, records, and documents referred to in subsection (1) must be retained by the holder of the licence for 7 years after the completion of the last transaction to which they relate.

 

(4)The Secretary may, on application by the holder of the casino operator's licence, approve—
(a)the retention of books, records, and documents in an alternative form or manner; or
(b)the earlier destruction of any of the books, records, or documents not considered to be essential.

 

(5)Subsection (4) and any other enactment or rule of law relating to the retention or destruction of books, records, and documents override subsection (3).

 

178 Gambling equipment must be kept in casino venue

178Gambling equipment must be kept in casino venue
(1)Gambling equipment relating to the operation of a casino must be kept by the holder of the casino operator's licence in the casino venue.

 

(2)The Secretary may, on application by the holder of a casino operator's licence,—
(a)exempt the licence holder from compliance with subsection (1) in respect of specified gambling equipment; and
(b)permit the licence holder to temporarily remove specified gambling equipment from the casino venue.

 

(3)The Secretary may impose conditions on an exemption or permission under subsection (2) (for example, conditions relating to the security of the equipment or the period of its removal).

 

179 Obligation on disposing of gaming machine

179Obligation on disposing of gaming machine
(1)The holder of a casino operator’s licence must provide the following information to the Secretary within 20 working days of disposing of a gaming machine:

(aa)the manufacturer, model, and serial number of the gaming machine and any other details necessary to identify the gaming machine with ease; and

(a)the method of disposal; and
(b)if relevant, the name of the acquirer and the details necessary to contact the acquirer with ease.

 

(2)The holder of a casino operator’s licence who contravenes this section commits an offence and is liable on conviction to a fine not exceeding $5,000.

 

Section 179 heading: amended, on 3 March 2015, by section 82(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 179(1)(aa): inserted, on 3 March 2015, by section 82(2) of the Gambling Amendment Act 2015 (2015 No 3).

Section 179(1)(a): amended, on 3 March 2015, by section 82(3) of the Gambling Amendment Act 2015 (2015 No 3).

 

180 Prohibition on certain gaming machines in casino

180Prohibition on certain gaming machines in casino
(1)On and from the date that is 6 months after the commencement of this section, the holder of a casino licence must not operate, or allow to be operated, at the casino a gaming machine that is able to accept banknotes with a denomination greater than $20.

 

(2)The holder of a casino licence who fails to comply with this section commits an offence and is liable on … conviction to a fine not exceeding $10,000.

 

181 Restriction on certain agreements

181Restriction on certain agreements
(1)The holder of a casino licence must not, without the written approval of the Secretary, enter into or be a party to a lease, contract, agreement, or arrangement (whether written or unwritten) with any other person for that person to lease, let, lend, or provide a thing or service in return for—
(a)a direct or indirect interest in, or percentage or share of, money gambled at the casino; or
(b)a direct or indirect interest in, or percentage or share of, the turnover, revenues, profits, benefits, or earnings from or of the casino.

 

(2)The Secretary may, upon application, approve in writing a lease, contract, agreement, or arrangement referred to in subsection (1) if the Secretary considers that it is desirable or appropriate to do so in a particular case.

 

182 Review of agreements

182Review of agreements
(1)The holder of a casino licence must, if directed by the Secretary to do so, provide to the Secretary, within the time stipulated by the Secretary, the information that the Secretary thinks fit with respect to any lease, contract, agreement, or arrangement (in this section and sections 183 and 184 referred to as the agreement), written or unwritten, with any other person relating to the casino.

 

(2)Without limiting subsection (1), the Secretary may require the following information:
(a)the names of persons entering into the agreement:
(b)the description of any property, good, or other thing or service provided or to be provided:
(c)the value, type, or nature of any consideration:
(d)the operative period of the agreement.

 

(3)The holder of a casino licence must, if directed by the Secretary to do so, provide to the Secretary, within the time that may be stipulated by him or her, a copy of the agreement if it is in writing.

 

(4)If, upon a review of any information or document provided under this section, the

Secretary is satisfied that the continuance of the agreement jeopardises the integrity of gambling at the casino, he or she must, without delay, issue to the licensee who is the party to the agreement a notice requiring the licensee to demonstrate why the agreement should not be terminated.

 

(5)The notice must—
(a)state the grounds for the notice; and
(b)stipulate a date that is not earlier than 20 working days after the issue of the notice, on or before which the licensee is required to respond under subsection (4).

 

(6)If the Secretary issues a notice, he or she must, at the same time, provide a copy to the other party to the agreement.

 

183 Procedure after issue of notice

183Procedure after issue of notice
(1)(The holder of a casino licence who receives a notice under section 182 may respond to the Secretary under section 182(4) not later than the date stipulated under section 182(5) of that section.

 

(2)The other party may make submissions to the Secretary not later than that stipulated date.

 

(3)The Secretary must consider the response and any submissions made by the other party and,—
(a)if, in the Secretary's opinion, satisfactory answers are given or submissions made, the Secretary must take no further action in relation to the matter; or
(b)if, in the Secretary's opinion, answers given or submissions made are not satisfactory or if no answers are given and no submissions made, the Secretary may direct the termination of the agreement.

 

(4)The Secretary's direction referred to in subsection (3)(b), and the reasons for it, must be given in writing to the parties to the agreement and must specify a date on which the agreement is terminated under this Act.

 

(5)The agreement in question, if not sooner terminated by the parties to the agreement, is terminated by force of this Act on the date specified in the direction.

 

184 Consequences of termination of agreement

184Consequences of termination of agreement
(1)The termination of the agreement does not affect the rights and obligations of the parties up to the time of termination.

 

(2)No liability for breach of the agreement attaches to a party or the Secretary by reason only of its termination by force of this Act.

 

185 Bank may be required to provide information

185Bank may be required to provide information
(1)The manager or other principal officer of a bank in which the holder of a casino licence keeps and maintains an account for the casino must, if required in writing by the Secretary, provide to the Secretary a statement of account and any other information required by the Secretary, including copies of cheques or records relevant to the account.

 

(2)No liability is incurred by the bank, the manager, or other principal officer for breach of trust or otherwise by reason only of providing information under this section.

 

186 Investigation of complaints

186Investigation of complaints
(1)A gambling inspector must investigate, as soon as practicable, a complaint from a customer about the conduct of casino gambling.

 

(2)The gambling inspector must inform the holder of the relevant casino operator's licence of the substance of the complaint, and give the licence holder a reasonable opportunity to respond to it.

 

(3)If, as a result of the investigation, the inspector is satisfied that any of the events in subsection (4) have occurred, the gambling inspector must provide a written report to the Secretary.

 

(4)The events are as follows:
(a)the conduct of a game in that casino has contravened—
(i)a condition of the casino operator's licence:
(ii)the game rules:
(b)there has been any contravention of, or non-compliance with, this Act.

 

(5)The gambling inspector must provide a copy of his or her report to the holder of the casino operator’s licence and, if a casino venue agreement exists, to the other party to that agreement.

 

(6)A complainant must be informed of the result of the investigation of his or her complaint and any consequent action taken.

 

187 Temporary authority

187Temporary authority
(1)If the Gambling Commission cancels or suspends a casino operator's licence, the Gambling Commission may, on application, authorise the applicant (other than the holder of that casino operator's licence), or another suitable person nominated by the applicant, to carry on the operation of the casino.

 

(2)An authority given by the Gambling Commission must be for a period not exceeding 3 months.

 

(3)The Gambling Commission may—
(a)hear and determine an application ex parte; or
(b)direct that notice of the application and of the time and place fixed for any hearing be served on persons and in the manner specified by the Gambling Commission.

 

(4)On granting an application, the Gambling Commission may impose reasonable conditions that the Gambling Commission thinks fit.

 

(5)The holder of a temporary authority has the same duties, obligations, and liabilities as the holder of the licence to which the temporary authority relates.