Casino Control (Junkets and Premium Players) Regulations 1999

i Casino Control (Junkets and Premium Players) Regulations 1999 S.R. No. 35/1999 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objectives 1 2. Authorising provisions 1 3. Commencement 1 4. Revocation 2 5. Definitions 2 PART 2—APPROVAL OF JUNKET ORGANISERS OR PROMOTERS 4 6. Application for approval 4 7. Referral of application to Chief Commissioner 4 8. Change of particulars of application 4 9. Criteria for approval 4 10. Notification and duration of approval 5 11. Conditions of approval 6 12. Statutory condition—notification of changes 6 13. Revocation of approval 7 14. Provisional approval 7 15. Certain persons not to organise or promote junkets 9 PART 3—JUNKET AGREEMENTS 10 16. Junket agreements 10 PART 4—NOTIFICATION BY CASINO OPERATOR 12 17. Junkets 12 18. Premium player arrangements 12 19. Notification of changes 13 PART 5—MONITORING AND REPORTING 14 20. Reasonable notice of deposits and settlements 14 21. Final report 14 -- 1 of 18 -- Regulation Page ii PART 6—TRANSITIONAL PROVISION 15 22. Approvals given before commencement 15 ═══════════════ NOTES 16 -- 2 of 18 -- 1 STATUTORY RULES 1999 S.R. No. 35/1999 Casino Control Act 1991 Casino Control (Junkets and Premium Players) Regulations 1999 The Governor in Council makes the following Regulations: Dated: 30 March 1999 Responsible Minister: ROGER M. HALLAM Minister for Gaming SHANNON DELLAMARTA Acting Clerk of the Executive Council PART 1—PRELIMINARY 1. Objectives The objectives of these Regulations are to provide for— (a) the approval of junket organisers or promoters; (b) junket agreements; (c) information to be given to the Authority about junkets and premium player arrangements. 2. Authorising provisions These Regulations are made under sections 69 and 167 of the Casino Control Act 1991. 3. Commencement -- 3 of 18 -- S.R. No. 35/1999 Casino Control (Junkets and Premium Players) Regulations 1999 2 These Regulations come into operation on 31 March 1999. 4. Revocation The Casino Control (Junkets and Premium Players) (Interim) Regulations 1998 1 are revoked. 5. Definitions In these Regulations— "buy-in" means the amount of money or funds a premium player exchanges with a casino operator for chips or chip purchase vouchers; "front money" means the amount of money or funds lodged with a casino operator by a junket organiser or promoter before the commencement of play by the junket player; "junket agreement" means a contract or other agreement that relates to the conduct of a junket; "junket business" means the business of organising or promoting junkets; "junket player" means a person who participates in a junket, whether or not the person is also a premium player; "premium player" means a patron of a casino who participates in a premium player arrangement with the casino operator, whether or not the patron is also a junket player; "settlement" means the payment by a casino operator of all money due to— (a) a junket organiser or promoter in respect of gaming in the casino by participants in the junket; -- 4 of 18 -- S.R. No. 35/1999 Casino Control (Junkets and Premium Players) Regulations 1999 3 (b) a premium player in respect of gaming in the casino by that premium player; "the Act" means the Casino Control Act 1991. _______________ r. 5 -- 5 of 18 -- S.R. No. 35/1999 Casino Control (Junkets and Premium Players) Regulations 1999 4 PART 2—APPROVAL OF JUNKET ORGANISERS OR PROMOTERS 6. Application for approval (1) A person may apply to the Director for approval to organise or promote one or more junkets. (2) An application must be in a form approved by the Director. (3) The Director, by notice in writing, may require an applicant to provide the Director with any information specified in the notice that is relevant to his or her investigation of the application. 7. Referral of application to Chief Commissioner (1) The Director must refer a copy of each application to the Chief Commissioner of Police. (2) The Chief Commissioner of Police must inquire into and report to the Director on any matters concerning the application that the Director requests. 8. Change of particulars of application (1) If a change occurs in the information provided in or in connection with an application (including in any documents lodged with the application) before the application is granted or refused, the applicant must without delay give written particulars of the change to the Director. (2) If the applicant does not do so, the Director may refuse to proceed with the application. 9. Criteria for approval (1) For the purpose of section 69(1AB) of the Act, the specified criteria are— r. 6 -- 6 of 18 -- S.R. No. 35/1999 Casino Control (Junkets and Premium Players) Regulations 1999 5 (a) if the applicant is a natural person, that— (i) the applicant; and (ii) each agent of the applicant who will accompany the junket to Australia— is of good repute, having regard to character, honesty and integrity; (b) if the applicant is a body corporate— (i) each agent of the applicant who will accompany the junket to Australia; and (ii) each person who, in the opinion of the Director, is able or will be able to exercise a significant influence over or with respect to the management or operation of the applicant's junket business— is of good repute, having regard to character, honesty and integrity. (2) In forming an opinion for the purposes of sub- regulation (1)(b)(ii), the Director may take into account— (a) whether or not the person has a financial interest in the junket business; and (b) the person's position in the junket business, including whether or not the person is a director or manager (however described) of the business or of the applicant. 10. Notification and duration of approval (1) The Director must give an applicant written notice of his or her decision on the application. (2) The Director is not required to give reasons for the decision, but may give reasons if he or she thinks fit. r. 10 -- 7 of 18 -- S.R. No. 35/1999 Casino Control (Junkets and Premium Players) Regulations 1999 6 (3) If the Director gives approval, it remains in force for the period, not exceeding 3 years, specified in the notice under sub-regulation (1), unless revoked sooner. 11. Conditions of approval (1) Approval under this Part is subject to the conditions determined by the Director and specified in the notice under regulation 10(1). (2) A condition of approval (other than the condition referred to in regulation 12) may be varied or revoked by the Director, whether or not on the application of the junket organiser or promoter. (3) The Director must— (a) give the junket organiser or promoter at least 21 days to make a submission to the Director concerning any proposed variation or revocation of a condition; and (b) consider any submission made by the junket organiser or promoter. (4) The Director must give written notice of a variation or revocation of a condition under this regulation to the junket operator or promoter and to each casino operator. 12. Statutory condition—notification of changes It is a condition of approval under this Part that the junket organiser or promoter must notify the Director in writing of any of the following occurrences, within 14 days after the occurrence takes place— (a) a change in the information provided to the Director in the application for approval; (b) a finding of guilt or conviction for any offence, whether in Victoria or elsewhere, of— r. 11 -- 8 of 18 -- S.R. No. 35/1999 Casino Control (Junkets and Premium Players) Regulations 1999 7 (i) the junket organiser or promoter; or (ii) a person referred to in regulation 9(1)(a)(ii) or 9(1)(b) (as the case requires). 13. Revocation of approval (1) The Director may serve on a junket organiser or promoter a written notice requiring them to show cause within 28 days why their approval under this Part should not be revoked on any one or more of the following grounds— (a) that approval was improperly obtained in that, at the time the approval was given, there were grounds for refusing it; (b) that the junket organiser or promoter no longer satisfies the criteria in regulation 9; (c) that the junket organiser or promoter has contravened a condition of approval. (2) After considering any submissions made by the junket organiser or promoter, the Director may revoke the approval by giving written notice of the revocation to the junket organiser or promoter. (3) The Director must, without delay, give written notice of a revocation of approval to each casino operator. 14. Provisional approval (1) The Director, by notice in writing, may give an applicant a provisional approval to organise or promote a junket for a period, not exceeding 3 months, pending the Director's determination of an application for approval if— (a) the Director has no reason to believe that an applicant is not of good repute, having regard to character, honesty and integrity; and r. 13 -- 9 of 18 -- S.R. No. 35/1999 Casino Control (Junkets and Premium Players) Regulations 1999 8 (b) there is likely to be a delay of up to 3 months before the Director can make a final decision on the application. (2) If an applicant is not a resident of Victoria, the Director may have regard to the following in determining whether an applicant is of good repute— (a) a certificate issued by or on behalf of an authorised officer of the police force or other appropriate authority of another country or jurisdiction stating whether or not the applicant or a person referred to in regulation 9(1)(a)(ii) or 9(1)(b) (as the case requires) has been found guilty of or convicted of a criminal offence in that country or jurisdiction or elsewhere; (b) whether the applicant has been given approval, other than an interim or provisional approval, by the relevant authority of another jurisdiction to conduct junkets in that jurisdiction. (3) The Director must not give more than one provisional approval to an applicant under this regulation. (4) The Director may revoke a provisional approval at any time. (5) Unless sooner revoked, a provisional approval remains in force until— (a) the expiry of the period, not exceeding 3 months, specified in the notice under sub- regulation (1); or (b) the Director gives written notice to the applicant under regulation 10 of the Director's decision to grant or refuse the application for approval— r. 14 -- 10 of 18 -- S.R. No. 35/1999 Casino Control (Junkets and Premium Players) Regulations 1999 9 whichever first occurs. (6) In this regulation— "jurisdiction" means— (a) a State or Territory of Australia; or (b) New Zealand. 15. Certain persons not to organise or promote junkets Approval under this Part to organise or promote a junket cannot be given to— (a) a person who is an associate of a casino operator (within the meaning of section 4 of the Act); or (b) a person who holds a licence under Part 4 of the Act. _______________ r. 15 -- 11 of 18 -- S.R. No. 35/1999 Casino Control (Junkets and Premium Players) Regulations 1999 10 PART 3—JUNKET AGREEMENTS 16. Junket agreements (1) A junket agreement must— (a) be in writing in a form approved by the Authority; and (b) include the following information— (i) the name of the junket organiser or promoter; (ii) the names of the junket players; (iii) the country of residence, and State within that country, where applicable, of each junket player; (iv) the rate of commission payable to the junket organiser or promoter; (v) the basis on which the commission is to be calculated; (vi) the proposed date and time of arrival at the casino of the junket players; (vii) the amount of front money proposed to be lodged with the casino operator; (viii) the name of the agent (if any) of the junket organiser or promoter for the purpose of settlement. (2) A casino operator must not enter into a junket agreement that does not comply with sub- regulation (1). Penalty: 20 penalty units. (3) A casino operator must not permit gaming in the casino by junket players before a junket agreement in respect of the junket is signed by the r. 16 -- 12 of 18 -- S.R. No. 35/1999 Casino Control (Junkets and Premium Players) Regulations 1999 11 casino operator and the junket organiser or promoter. Penalty: 20 penalty units. _______________ r. 16 -- 13 of 18 -- S.R. No. 35/1999 Casino Control (Junkets and Premium Players) Regulations 1999 12 PART 4—NOTIFICATION BY CASINO OPERATOR 17. Junkets (1) A casino operator must give written notice to the Authority of the date and time of arrival of the junket players in each junket proposing to attend the casino not less than one hour before the junket players commence gaming in the casino. Penalty: 20 penalty units. (2) A casino operator must give a copy of each signed junket agreement to the Authority within 24 hours after the junket players commence gaming in the casino. Penalty: 20 penalty units. 18. Premium player arrangements (1) A casino operator must give the following information to the Authority in respect of each premium player arrangement— (a) the name of the premium player; (b) the country of residence, and State within that country, where applicable, of the premium player; (c) the rate of commission payable to the premium player; (d) the basis on which the commission is to be calculated; (e) the date and time of arrival at the casino of the premium player; (f) the initial buy-in; (g) the total amount of funds deposited by the premium player with the casino operator for the purpose of gaming in the casino; r. 17 -- 14 of 18 -- S.R. No. 35/1999 Casino Control (Junkets and Premium Players) Regulations 1999 13 (h) the name of the agent (if any) of the premium player for the purpose of settlement. (2) A casino operator must give a copy of each completed premium player arrangement to the Authority and the premium player before the premium player commences gaming in the casino. Penalty: 20 penalty units. 19. Notification of changes A casino operator must, without delay, advise the Authority of any change to the information referred to in regulation 16(1)(b) or 18(1) and the reason for the change. Penalty: 10 penalty units. _______________ r. 19 -- 15 of 18 -- S.R. No. 35/1999 Casino Control (Junkets and Premium Players) Regulations 1999 14 PART 5—MONITORING AND REPORTING 20. Reasonable notice of deposits and settlements A casino operator must give the Authority reasonable notice in advance of the expected time of— (a) in the case of a junket, the lodgment of the front money; (b) in the case of a premium player arrangement, the buy-in; (c) the settlement of a junket or premium player arrangement. Penalty: 10 penalty units. 21. Final report Within 7 days after settlement of each junket or premium player arrangement, a casino operator must give the Authority a final report on the junket or premium player arrangement stating the following information— (a) in the case of a junket, the amount of the front money; (b) in the case of a premium player arrangement, the amount of each buy-in; (c) the total amount of commission paid by the casino operator to the junket organiser or promoter or the premium player; (d) the method of calculation of the commission. Penalty: 10 penalty units. _______________ r. 20 -- 16 of 18 -- S.R. No. 35/1999 Casino Control (Junkets and Premium Players) Regulations 1999 15 PART 6—TRANSITIONAL PROVISION 22. Approvals given before commencement (1) These Regulations apply to applications for approvals under the Casino Control (Junkets and Premium Players) (Interim) Regulations 1998 which were made, but not determined, before the commencement of these Regulations. (2) The revocation provisions in regulation 13 apply to approvals given under the Casino Control (Junkets and Premium Players) (Interim) Regulations 1998 before the commencement of these Regulations. ═══════════════ r. 22 -- 17 of 18 -- S.R. No. 35/1999 Casino Control (Junkets and Premium Players) Regulations 1999 16 NOTES 1 Reg. 4: S.R. No. 128/1998 Notes -- 18 of 18 --