§ 134 — Amendments concerning exclusion orders

134.—(1) Section 2(1) of the Casino Control Act 2006 is amended —(a)

by deleting the words “barred from entering or remaining on any casino premises by” in the definition of “excluded person” and substituting the words “subject to”; and

(b)

by deleting “120,” in paragraph (a) of the definition of “excluded person”.

(2) Section 105(2) of the Casino Control Act 2006 is amended by deleting the words “fruit machine under the Private Lotteries Act 2011” in paragraph (b) and substituting the words “gaming machine under the Gambling Control Act 2022”.

(3) Sections 120 and 124 of the Casino Control Act 2006 are repealed.

(4) Section 121 of the Casino Control Act 2006 is amended —(a)

by deleting the words “orally or” in subsection (1);

(b)

by deleting subsection (2) and substituting the following subsection:“(2) The Authority may at any time revoke an exclusion order made under subsection (1).”; and

(c)

by inserting, immediately after the words “each casino operator” in subsection (3), the words “and the Council”.

(5) Section 122 of the Casino Control Act 2006 is amended —(a)

by inserting, immediately after subsection (1), the following subsection:“(1A) The Commissioner of Police may at any time revoke an exclusion order made under subsection (1).”;

(b)

by inserting, immediately after the words “each casino operator” in subsection (2), the words “, the Council”; and

(c)

by inserting, immediately after subsection (3), the following subsections:“(4) However, no appeal may be made to the Minister under subsection (3) unless the person who has been given an exclusion order under this section first applies to the Commissioner of Police to reconsider the making of the exclusion order and the Commissioner of Police refuses to revoke the exclusion order in whole or in part.

(5) An application for reconsideration under subsection (4) and an appeal under subsection (3) must be made within the time and manner prescribed by the Minister in rules published in the Gazette.

(6) In this section and sections 123 and 168(3)(b), a reference to the “Commissioner of Police” includes a reference to a public officer who —(a)

holds a post in a law enforcement agency within the meaning of section 186(6); and

(b)

is designated by the Minister for the purposes of this section and sections 123 and 168(3)(b).”.

(6) Section 123 of the Casino Control Act 2006 is amended —(a)

by inserting, immediately after the words “each casino operator” in subsection (2), the words “, the Council”; and

(b)

by inserting, immediately after the words “each casino operator” in subsection (3), the words “and the Council”.

(7) Section 125(2) of the Casino Control Act 2006 is amended by inserting, immediately after the words “or 165(1),” in paragraph (a), the words “a family exclusion order made under section 162, a provisional family exclusion order made under section 164,”.

(8) Section 126(2) of the Casino Control Act 2006 is amended by deleting paragraph (a).

(9) Section 128(1) of the Casino Control Act 2006 is amended by deleting “120,” in paragraph (a).

(10) Section 132(2) of the Casino Control Act 2006 is amended by deleting “$1,000” and substituting “$1,500”.

(11) Section 153(1) of the Casino Control Act 2006 is amended —(a)

by inserting, immediately after the definition of “Committee”, the following definition:“ “defined work” means —(a)

in relation to casino premises of a casino operator —(i)

to deliver any goods, provide any services or perform any work (whether as a contractor or an employee) that is connected to the business, undertaking or work of the casino operator carried on at the casino premises;

(ii)

to seek a contract of employment or contract for service with the casino operator; or

(iii)

to execute an order of a court or a direction given by or on behalf of a public officer or a public authority in exercise of a power under any written law; or

(b)

in relation to a gaming machine room of a gambling operator —(i)

to deliver any goods, provide any services or perform any work (whether as a contractor or an employee) that is connected to the business, undertaking or work of the gambling operator carried on at the gaming machine room;

(ii)

to seek a contract of employment or contract for service with the gambling operator; or

(iii)

to execute an order of a court or a direction given by or on behalf of a public officer or a public authority in exercise of a power under any written law;”;

(b)

by inserting, immediately after the definition of “family member”, the following definitions:“ “gambling” means gambling whether or not inside casino premises, and includes remote gambling;

“gambling operator” means a person who is authorised either by a licence under the Gambling Control Act 2022 to conduct a betting operation, or conduct gaming or a lottery involving —(a)

playing of gaming machines; or

(b)

remote gambling;

“gaming machine room” has the meaning given by section 7(6) of the Gambling Control Act 2022;

“general remote gambling” and “engaging in general remote gambling” have the meanings given by section 11(1) of the Gambling Control Act 2022;”; and

(c)

by deleting the words “from any casino premises under section 165A(1)(c) upon a voluntary application of that person” in the definition of “self‑exclusion” and substituting the words “from any casino premises or gaming machine room, or from engaging in all manner of general remote gambling, upon a voluntary application of that person under section 165A(1)(c)”.

(12) Section 159(3) of the Casino Control Act 2006 is amended —(a)

by deleting the words “or any casino operator” in paragraph (a) and substituting the words “, any casino operator or gambling operator”; and

(b)

by deleting the words “or casino operator” in paragraph (a) and substituting the words “, casino operator or gambling operator”.

(13) Section 163(2) of the Casino Control Act 2006 is amended —(a)

by deleting paragraph (b) and substituting the following paragraph:“(b)

ban the respondent from —(i)

entering or remaining on all casino premises; or

(ii)

taking part in any gaming in all casino premises;”; and

(b)

by deleting the full‑stop at the end of paragraph (d) and substituting a semi‑colon, and by inserting immediately thereafter the following paragraphs:“(e)

ban the respondent from —(i)

entering or remaining on all gaming machine rooms except to perform defined work within any of those rooms; or

(ii)

taking part in any gaming in all gaming machine rooms;

(f)

require the respondent to not engage in all manner of general remote gambling;

(g)

all bans and requirements in paragraphs (a), (b), (c), (d), (e) and (f) or any combination thereof.”.

(14) Section 164(2) of the Casino Control Act 2006 is amended by inserting, immediately after the words “A provisional family exclusion order”, the words “may do one or more things mentioned in section 163(2) and”.

(15) Section 165 of the Casino Control Act 2006 is amended —(a)

by deleting the word “activities” in subsection (2)(c) and substituting the words “whether or not”;

(b)

by deleting the words “or any casino operator” in subsection (3)(a) and substituting the words “, any casino operator or gambling operator”;

(c)

by deleting the words “or casino operator” in subsection (3)(a) and substituting the words “, casino operator or gambling operator”; and

(d)

by deleting subsection (6) and substituting the following subsection:“(6) An exclusion order made under subsection (1) may do any of the following:(a)

ban the respondent from —(i)

entering or remaining on all casino premises; or

(ii)

taking part in any gaming in all casino premises;

(b)

ban the respondent from —(i)

entering or remaining on all gaming machine rooms except to perform defined work within any of those rooms; or

(ii)

taking part in any gaming in all gaming machine rooms;

(c)

require the respondent to not engage in all manner of general remote gambling;

(d)

all bans and requirements in paragraphs (a), (b) and (c) or any combination thereof,

for as long as the circumstances in subsection (1) exist in relation to that person or for such other period as may be specified in the order.”.

(16) Section 165A of the Casino Control Act 2006 is amended —(a)

by deleting the words “excluded from entering or remaining, or taking part in any gaming, on any casino premises” in subsection (1) and substituting the words “subject to this section”;

(b)

by deleting paragraph (c) of subsection (1) and substituting the following paragraph:“(c)

a person who makes a voluntary application in the prescribed form and manner to the Council for any of the following:(i)

ban the person from —(A)

entering or remaining on all casino premises; or

(B)

taking part in any gaming in all casino premises;

(ii)

ban the person from —(A)

entering or remaining on all gaming machine rooms except to perform defined work within any of those rooms; or

(B)

taking part in any gaming in all gaming machine rooms;

(iii)

ban the person from engaging in all manner of general remote gambling;

(iv)

all bans in sub‑paragraphs (i), (ii) and (iii) or any combination thereof.”; and

(c)

by deleting subsection (3) and substituting the following subsection:“(3) A person mentioned in subsection (1)(a) or (b) is excluded from all of the following, starting the time the person’s name is entered in the list of excluded persons in section 168(1) and continues for so long as the circumstances in subsection (1)(a) or (b) exist in relation to that person:(a)

from —(i)

entering or remaining on all casino premises except to perform defined work within any of those premises; and

(ii)

taking part in any gaming in all casino premises;

(b)

from —(i)

entering or remaining on all gaming machine rooms except to perform defined work within any of those rooms; and

(ii)

taking part in any gaming in all gaming machine rooms;

(c)

from engaging in all manner of general remote gambling.”.

(17) Section 168 of the Casino Control Act 2006 is amended —(a)

by deleting the words “excluded from any casino premises by” in subsection (1)(a) and substituting the words “the respondent of”;

(b)

by deleting the word “or” at the end of subsection (1)(a);

(c)

by deleting the full‑stop at the end of paragraph (b) of subsection (1) and substituting a semi‑colon, and by inserting immediately thereafter the following paragraphs:“(c)

the person against whom an exclusion order is made under section 121(1) or 122(1); or

(d)

the person against whom an entry ban is made under section 79 of the Gambling Control Act 2022.”;

(d)

by deleting subsection (3) and substituting the following subsection:“(3) The Council —(a)

must provide the list of excluded persons to —(i)

the Authority;

(ii)

the Commissioner of Police; and

(iii)

every casino operator; and

(b)

must make available to every gambling operator access to the list of excluded persons, without charge.”;

(e)

by deleting the word “or” at the end of subsection (4)(b);

(f)

by deleting the comma at the end of paragraph (c) of subsection (4) and substituting a semi‑colon, and by inserting immediately thereafter the following paragraphs:“(ca)

the lapsing or revocation of any exclusion order made under section 121(1) or 122(1) against any person whose name is on the list of excluded persons; or

(cb)

the lapsing or cancelling of an entry ban made under section 79 of the Gambling Control Act 2022 against any person whose name is on the list of excluded persons,”; and

(g)

by deleting the words “, (b) and (c)” in subsections (4)(e) and (5).

—(1) Section 2(1) of the Casino Control Act 2006 is amended —(a)

by deleting the words “barred from entering or remaining on any casino premises by” in the definition of “excluded person” and substituting the words “subject to”; and

(b)

by deleting “120,” in paragraph (a) of the definition of “excluded person”.

(2) Section 105(2) of the Casino Control Act 2006 is amended by deleting the words “fruit machine under the Private Lotteries Act 2011” in paragraph (b) and substituting the words “gaming machine under the Gambling Control Act 2022”.

(3) Sections 120 and 124 of the Casino Control Act 2006 are repealed.

(4) Section 121 of the Casino Control Act 2006 is amended —(a)

by deleting the words “orally or” in subsection (1);

(b)

by deleting subsection (2) and substituting the following subsection:“(2) The Authority may at any time revoke an exclusion order made under subsection (1).”; and

(c)

by inserting, immediately after the words “each casino operator” in subsection (3), the words “and the Council”.

“(2) The Authority may at any time revoke an exclusion order made under subsection (1).”; and

(5) Section 122 of the Casino Control Act 2006 is amended —(a)

by inserting, immediately after subsection (1), the following subsection:“(1A) The Commissioner of Police may at any time revoke an exclusion order made under subsection (1).”;

(b)

by inserting, immediately after the words “each casino operator” in subsection (2), the words “, the Council”; and

(c)

by inserting, immediately after subsection (3), the following subsections:“(4) However, no appeal may be made to the Minister under subsection (3) unless the person who has been given an exclusion order under this section first applies to the Commissioner of Police to reconsider the making of the exclusion order and the Commissioner of Police refuses to revoke the exclusion order in whole or in part.

(5) An application for reconsideration under subsection (4) and an appeal under subsection (3) must be made within the time and manner prescribed by the Minister in rules published in the Gazette.

(6) In this section and sections 123 and 168(3)(b), a reference to the “Commissioner of Police” includes a reference to a public officer who —(a)

holds a post in a law enforcement agency within the meaning of section 186(6); and

(b)

is designated by the Minister for the purposes of this section and sections 123 and 168(3)(b).”.

“(1A) The Commissioner of Police may at any time revoke an exclusion order made under subsection (1).”;

“(4) However, no appeal may be made to the Minister under subsection (3) unless the person who has been given an exclusion order under this section first applies to the Commissioner of Police to reconsider the making of the exclusion order and the Commissioner of Police refuses to revoke the exclusion order in whole or in part.

(5) An application for reconsideration under subsection (4) and an appeal under subsection (3) must be made within the time and manner prescribed by the Minister in rules published in the Gazette.

(6) In this section and sections 123 and 168(3)(b), a reference to the “Commissioner of Police” includes a reference to a public officer who —(a)

holds a post in a law enforcement agency within the meaning of section 186(6); and

(b)

is designated by the Minister for the purposes of this section and sections 123 and 168(3)(b).”.

(6) Section 123 of the Casino Control Act 2006 is amended —(a)

by inserting, immediately after the words “each casino operator” in subsection (2), the words “, the Council”; and

(b)

by inserting, immediately after the words “each casino operator” in subsection (3), the words “and the Council”.

(7) Section 125(2) of the Casino Control Act 2006 is amended by inserting, immediately after the words “or 165(1),” in paragraph (a), the words “a family exclusion order made under section 162, a provisional family exclusion order made under section 164,”.

(8) Section 126(2) of the Casino Control Act 2006 is amended by deleting paragraph (a).

(9) Section 128(1) of the Casino Control Act 2006 is amended by deleting “120,” in paragraph (a).

(10) Section 132(2) of the Casino Control Act 2006 is amended by deleting “$1,000” and substituting “$1,500”.

(11) Section 153(1) of the Casino Control Act 2006 is amended —(a)

by inserting, immediately after the definition of “Committee”, the following definition:“ “defined work” means —(a)

in relation to casino premises of a casino operator —(i)

to deliver any goods, provide any services or perform any work (whether as a contractor or an employee) that is connected to the business, undertaking or work of the casino operator carried on at the casino premises;

(ii)

to seek a contract of employment or contract for service with the casino operator; or

(iii)

to execute an order of a court or a direction given by or on behalf of a public officer or a public authority in exercise of a power under any written law; or

(b)

in relation to a gaming machine room of a gambling operator —(i)

to deliver any goods, provide any services or perform any work (whether as a contractor or an employee) that is connected to the business, undertaking or work of the gambling operator carried on at the gaming machine room;

(ii)

to seek a contract of employment or contract for service with the gambling operator; or

(iii)

to execute an order of a court or a direction given by or on behalf of a public officer or a public authority in exercise of a power under any written law;”;

(b)

by inserting, immediately after the definition of “family member”, the following definitions:“ “gambling” means gambling whether or not inside casino premises, and includes remote gambling;

“gambling operator” means a person who is authorised either by a licence under the Gambling Control Act 2022 to conduct a betting operation, or conduct gaming or a lottery involving —(a)

playing of gaming machines; or

(b)

remote gambling;

“gaming machine room” has the meaning given by section 7(6) of the Gambling Control Act 2022;

“general remote gambling” and “engaging in general remote gambling” have the meanings given by section 11(1) of the Gambling Control Act 2022;”; and

(c)

by deleting the words “from any casino premises under section 165A(1)(c) upon a voluntary application of that person” in the definition of “self‑exclusion” and substituting the words “from any casino premises or gaming machine room, or from engaging in all manner of general remote gambling, upon a voluntary application of that person under section 165A(1)(c)”.

(12) Section 159(3) of the Casino Control Act 2006 is amended —(a)

by deleting the words “or any casino operator” in paragraph (a) and substituting the words “, any casino operator or gambling operator”; and

(b)

by deleting the words “or casino operator” in paragraph (a) and substituting the words “, casino operator or gambling operator”.

(13) Section 163(2) of the Casino Control Act 2006 is amended —(a)

by deleting paragraph (b) and substituting the following paragraph:“(b)

ban the respondent from —(i)

entering or remaining on all casino premises; or

(ii)

taking part in any gaming in all casino premises;”; and

(b)

by deleting the full‑stop at the end of paragraph (d) and substituting a semi‑colon, and by inserting immediately thereafter the following paragraphs:“(e)

ban the respondent from —(i)

entering or remaining on all gaming machine rooms except to perform defined work within any of those rooms; or

(ii)

taking part in any gaming in all gaming machine rooms;

(f)

require the respondent to not engage in all manner of general remote gambling;

(g)

all bans and requirements in paragraphs (a), (b), (c), (d), (e) and (f) or any combination thereof.”.

(14) Section 164(2) of the Casino Control Act 2006 is amended by inserting, immediately after the words “A provisional family exclusion order”, the words “may do one or more things mentioned in section 163(2) and”.

(15) Section 165 of the Casino Control Act 2006 is amended —(a)

by deleting the word “activities” in subsection (2)(c) and substituting the words “whether or not”;

(b)

by deleting the words “or any casino operator” in subsection (3)(a) and substituting the words “, any casino operator or gambling operator”;

(c)

by deleting the words “or casino operator” in subsection (3)(a) and substituting the words “, casino operator or gambling operator”; and

(d)

by deleting subsection (6) and substituting the following subsection:“(6) An exclusion order made under subsection (1) may do any of the following:(a)

ban the respondent from —(i)

entering or remaining on all casino premises; or

(ii)

taking part in any gaming in all casino premises;

(b)

ban the respondent from —(i)

entering or remaining on all gaming machine rooms except to perform defined work within any of those rooms; or

(ii)

taking part in any gaming in all gaming machine rooms;

(c)

require the respondent to not engage in all manner of general remote gambling;

(d)

all bans and requirements in paragraphs (a), (b) and (c) or any combination thereof,

for as long as the circumstances in subsection (1) exist in relation to that person or for such other period as may be specified in the order.”.

“(6) An exclusion order made under subsection (1) may do any of the following:(a)

ban the respondent from —(i)

entering or remaining on all casino premises; or

(ii)

taking part in any gaming in all casino premises;

(b)

ban the respondent from —(i)

entering or remaining on all gaming machine rooms except to perform defined work within any of those rooms; or

(ii)

taking part in any gaming in all gaming machine rooms;

(c)

require the respondent to not engage in all manner of general remote gambling;

(d)

all bans and requirements in paragraphs (a), (b) and (c) or any combination thereof,

for as long as the circumstances in subsection (1) exist in relation to that person or for such other period as may be specified in the order.”.

(16) Section 165A of the Casino Control Act 2006 is amended —(a)

by deleting the words “excluded from entering or remaining, or taking part in any gaming, on any casino premises” in subsection (1) and substituting the words “subject to this section”;

(b)

by deleting paragraph (c) of subsection (1) and substituting the following paragraph:“(c)

a person who makes a voluntary application in the prescribed form and manner to the Council for any of the following:(i)

ban the person from —(A)

entering or remaining on all casino premises; or

(B)

taking part in any gaming in all casino premises;

(ii)

ban the person from —(A)

entering or remaining on all gaming machine rooms except to perform defined work within any of those rooms; or

(B)

taking part in any gaming in all gaming machine rooms;

(iii)

ban the person from engaging in all manner of general remote gambling;

(iv)

all bans in sub‑paragraphs (i), (ii) and (iii) or any combination thereof.”; and

(c)

by deleting subsection (3) and substituting the following subsection:“(3) A person mentioned in subsection (1)(a) or (b) is excluded from all of the following, starting the time the person’s name is entered in the list of excluded persons in section 168(1) and continues for so long as the circumstances in subsection (1)(a) or (b) exist in relation to that person:(a)

from —(i)

entering or remaining on all casino premises except to perform defined work within any of those premises; and

(ii)

taking part in any gaming in all casino premises;

(b)

from —(i)

entering or remaining on all gaming machine rooms except to perform defined work within any of those rooms; and

(ii)

taking part in any gaming in all gaming machine rooms;

(c)

from engaging in all manner of general remote gambling.”.

“(3) A person mentioned in subsection (1)(a) or (b) is excluded from all of the following, starting the time the person’s name is entered in the list of excluded persons in section 168(1) and continues for so long as the circumstances in subsection (1)(a) or (b) exist in relation to that person:(a)

from —(i)

entering or remaining on all casino premises except to perform defined work within any of those premises; and

(ii)

taking part in any gaming in all casino premises;

(b)

from —(i)

entering or remaining on all gaming machine rooms except to perform defined work within any of those rooms; and

(ii)

taking part in any gaming in all gaming machine rooms;

(c)

from engaging in all manner of general remote gambling.”.

(17) Section 168 of the Casino Control Act 2006 is amended —(a)

by deleting the words “excluded from any casino premises by” in subsection (1)(a) and substituting the words “the respondent of”;

(b)

by deleting the word “or” at the end of subsection (1)(a);

(c)

by deleting the full‑stop at the end of paragraph (b) of subsection (1) and substituting a semi‑colon, and by inserting immediately thereafter the following paragraphs:“(c)

the person against whom an exclusion order is made under section 121(1) or 122(1); or

(d)

the person against whom an entry ban is made under section 79 of the Gambling Control Act 2022.”;

(d)

by deleting subsection (3) and substituting the following subsection:“(3) The Council —(a)

must provide the list of excluded persons to —(i)

the Authority;

(ii)

the Commissioner of Police; and

(iii)

every casino operator; and

(b)

must make available to every gambling operator access to the list of excluded persons, without charge.”;

(e)

by deleting the word “or” at the end of subsection (4)(b);

(f)

by deleting the comma at the end of paragraph (c) of subsection (4) and substituting a semi‑colon, and by inserting immediately thereafter the following paragraphs:“(ca)

the lapsing or revocation of any exclusion order made under section 121(1) or 122(1) against any person whose name is on the list of excluded persons; or

(cb)

the lapsing or cancelling of an entry ban made under section 79 of the Gambling Control Act 2022 against any person whose name is on the list of excluded persons,”; and

(g)

by deleting the words “, (b) and (c)” in subsections (4)(e) and (5).

“(3) The Council —(a)

must provide the list of excluded persons to —(i)

the Authority;

(ii)

the Commissioner of Police; and

(iii)

every casino operator; and

(b)

must make available to every gambling operator access to the list of excluded persons, without charge.”;