Casino Control (Junkets and Premium Players) (Interim) Regulations 1998

i Casino Control (Junkets and Premium Players) (Interim) Regulations 1998 S.R. No. 128/1998 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objectives 1 2. Authorising provisions 1 3. Definitions 1 PART 2—APPROVAL OF JUNKET ORGANISERS OR PROMOTERS 3 4. Application for approval 3 5. Referral of application to Chief Commissioner 3 6. Change of particulars of application 3 7. Criteria for approval 3 8. Notification and duration of approval 4 9. Conditions of approval 5 PART 3—JUNKET AGREEMENTS 6 10. Junket agreements 6 PART 4—NOTIFICATION BY CASINO OPERATOR 7 11. Junkets 7 12. Premium player arrangements 7 13. Notification of changes 8 PART 5—MONITORING AND REPORTING 9 14. Final report 9 PART 6—GENERAL 10 15. Expiry 10 ═══════════════ -- 1 of 11 -- 1 STATUTORY RULES 1998 S.R. No. 128/1998 Casino Control Act 1991 Casino Control (Junkets and Premium Players) (Interim) Regulations 1998 The Governor in Council makes the following Regulations: Dated: 20 October 1998 Responsible Minister: ROGER M. HALLAM Minister for Gaming SHARNE BRYAN 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. Definitions -- 2 of 11 -- S.R. No. 128/1998 Casino Control (Junkets and Premium Players) (Interim) Regulations 1998 2 In these Regulations— "buy-in" means the amount of money or funds a junket organiser or promoter or premium player exchanges with a casino operator for chips or chip purchase vouchers; "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; (b) a premium player in respect of gaming in the casino by that premium player; "the Act" means the Casino Control Act 1991. _______________ -- 3 of 11 -- S.R. No. 128/1998 Casino Control (Junkets and Premium Players) (Interim) Regulations 1998 3 PART 2—APPROVAL OF JUNKET ORGANISERS OR PROMOTERS 4. 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. 5. 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. 6. 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. 7. Criteria for approval (1) For the purpose of section 69(1AB) of the Act, the specified criteria are— r. 4 -- 4 of 11 -- S.R. No. 128/1998 Casino Control (Junkets and Premium Players) (Interim) Regulations 1998 4 (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. 8. 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. 8 -- 5 of 11 -- S.R. No. 128/1998 Casino Control (Junkets and Premium Players) (Interim) Regulations 1998 5 (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. 9. Conditions of approval (1) Approval under this Part is subject to the conditions determined by the Director and specified in the notice under regulation 8(1). (2) A condition of approval may be varied or revoked by the Director, whether or not on the application of the junket promoter or organiser. (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. _______________ r. 9 -- 6 of 11 -- S.R. No. 128/1998 Casino Control (Junkets and Premium Players) (Interim) Regulations 1998 6 PART 3—JUNKET AGREEMENTS 10. Junket agreements 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 number of 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 date and time of arrival at the casino of the junket players; (vii) the initial buy-in; (viii) the total amount of funds deposited by the junket organiser or promoter with the casino operator for the purpose of gaming in the casino; (ix) the name of the agent (if any) of the junket organiser or promoter for the purpose of settlement. _______________ r. 10 -- 7 of 11 -- S.R. No. 128/1998 Casino Control (Junkets and Premium Players) (Interim) Regulations 1998 7 PART 4—NOTIFICATION BY CASINO OPERATOR 11. 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 24 hours before the arrival of the junket players at the casino. (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. 12. 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; (h) the name of the agent (if any) of the premium player for the purpose of settlement. r. 11 -- 8 of 11 -- S.R. No. 128/1998 Casino Control (Junkets and Premium Players) (Interim) Regulations 1998 8 (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. 13. Notification of changes A casino operator must, without delay, advise the Authority of any change to the information referred to in regulation 10(b) or 12(1) and the reason for the change. _______________ r. 13 -- 9 of 11 -- S.R. No. 128/1998 Casino Control (Junkets and Premium Players) (Interim) Regulations 1998 9 PART 5—MONITORING AND REPORTING 14. 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) the amount of each buy-in; (b) the total amount of commission paid by the casino operator to the junket organiser or promoter or the premium player; (c) the method of calculation of the commission. _______________ r. 14 -- 10 of 11 -- S.R. No. 128/1998 Casino Control (Junkets and Premium Players) (Interim) Regulations 1998 10 PART 6—GENERAL 15. Expiry These Regulations expire on 31 March 1999. ═══════════════ r. 15 -- 11 of 11 --