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Vanuatu Sessional Legislation |
Commencement: 08 March 1993
REPUBLIC OF VANUATU
CASINO CONTROL ACT
NO. 6 OF 1993
Arrangement of Sections
PART 1 - PRELIMINARY
1. Interpretation
PART 2 - LICENSING OF CASINO
2. Grant of licence by the Minister
PART 3 - ADMINISTRATION
PART 4 - GENERAL
PART 5 - OPERATION OF CASINO
PART 6 - EXCLUSION OF PERSONS FROM CASINO
PART 7 - GAMING AND RELATED ACTIVITIES
PART 8 - SEARCH, ENTRY AND SEIZURE
PART 9 - OFFENCES
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REPUBLIC OF VANUATU
CASINO CONTROL ACT
NO. 6 OF 1993
Assent: 19/2/93
Commencement: 8/3/93
An Act to provide for the establishment and control of a casino in Vanuatu.
BE IT ENACTED by the President and Parliament as follows: -
PART 1
PRELIMINARY
INTERPRETATION
1. (1) In this Act, unless the context otherwise requires -
"authorised game" means a game declared under section 40 to be an authorised game for the purposes of this Act;
"authorised person" means -
(a) the Collector;
(b) an officer;
(c) an investigator; and
(d) any other person who performs in relation to this Act a function on behalf of the Government;
"authorised police officer", in relation to a direction given under section 38 or 39, means -
(a) the Commissioner of Police; and
(b) where the direction is given by a police officer authorised by the Commissioner for the purpose - that police officer;
"casino" means the part of a complex or premises, in respect of which a casino licence is issued under this Act;
"casino employee" means any person employed or permitted to work in relation to the operation of the casino;
"casino licence" means a licence granted under section 2;
"casino licence fee" means the casino licence fee prescribed under section 12;
"casino licensee" means a person who holds a casino licence;
"casino operation agreement" means an agreement entered into under section 5;
"chip purchase voucher" means a document issued to a person by the casino licensee entitling the person to be issued with chips by the licensee the face value of which is equivalent to the amount specified in the document;
"chips" means any tokens used or capable of being used in a casino in the conduct of gaming in the place of money and approved for the purpose by the Minister;
"Collector" means the Collector appointed under section 17 or any person acting under the authority of the Collector;
"game" means any authorised game notified in the Gazette under section 40 together with an account of rules for the playing thereof, by the Minister as a game that may be conducted or played in casino pursuant to a casino licence;
"gaming" means the playing in a casino of any game;
"gaming equipment" means any electrical, electronic or mechanical device or any other thing (other than chips) used, or suitable for use, in connection with gaming;
"investigator" means a person authorised under section 21(1) to conduct an investigation;
"junket" means an arrangement entered into between a promoter and the casino licensee -
(a) the primary purpose of which is to induce a person or persons to visit the casino for the purpose of participating in gaming; and
(b) under which an amount exceeding the prescribed amount is provided, directly or indirectly, for the person or either or any of those persons by the casino licensee in connection with the provision of transportation, food, beverages, lodging or entertainment in respect of the visit or for any other purpose associated with the visit;
"licence" means a casino licence;
"licensee" means a casino licensee;
"officer" means an officer appointed under section 19 and includes the Collector;
"operation", in relation to the casino, means -
(a) the conduct of gaming in the casino;
(b) the management, supervision and surveillance of the conduct of gaming in the casino;
(c) money counting in relation to the casino;
(d) accounting in relation to the casino;
(e) the provision of facilities or services in the casino, other than facilities or services relating to the gaming;
(f) advertising in relation to the casino;
(g) the use of storage areas in the casino; or
(h) any other activities incidental to, or connected with, gaming or any other facilities or services provided in the casino;
"premises" includes -
(a) a structure, building, aircraft, vehicle or vessel; and
(b) a place (whether enclosed or built upon or not);
"records", in relation to the operation of the casino, means any books, accounts, documents or other source of information of any description (however complied, recorded or stored) that concern the operation of the casino or are otherwise relevant to the administration of this Act.
PART 2
LICENSING OF CASINO
GRANT OF LICENCE BY THE MINISTER
LAWFULNESS OF CASINO OPERATION
that could not be instituted if this Act had not been enacted.
APPLICATION FOR A CASINO LICENCE
AGREEMENT TO PRECEDE GRANT OF A CASINO LICENCE
(i) the Minister for and on behalf of the State and the proposed casino licensee; or
(ii) the Minister for and on behalf of the State and some other person whom the Minister considers to be the appropriate person to be a party to the agreement with a view to the issue of a casino licence to the proposed casino licensee;
(b) those terms and conditions contained in the agreement and the provisions of this Act and any regulations made thereunder, which are to be complied with up to the time of the grant of the casino licence have been complied with.
(2) The agreement shall have no force or effect unless and until it is approved by the Council of Ministers.
SUITABILITY OF CASINO LICENSEE
(i) is of good repute, having regard to character, honesty and integrity;
(ii) is of sound and stable financial background;
(b) in the case of the proposed casino licensee not being a natural person that it has arranged or, as the circumstances required, has, in an appropriate case, a satisfactory ownership, trust or corporate structure;
(c) that the proposed casino licensee has or is able to obtain or, where constituted by more than one person, together have or are able to obtain -
(i) financial resources that are adequate to ensure the financial viability of the casino; and
(ii) the services of persons who have sufficient experience in the management and operation of a casino;
(d) that the proposed casino licensee has or, where constituted by more than one person, together have sufficient business ability to establish and maintain a successful casino;
(e) that the proposed casino licensee has no business association with any person, body or associated who or that, in the opinion of the Minister after investigation made or caused to be made by the Minister, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial sources;
(f) that the proposed casino licensee has no business association with any person, body or association who or that, in the opinion of the Minister after investigation made or caused to be made by the Minister, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial sources;
(g) such other matters with respect to which the Minister determines he should be satisfied in the particular case.
FORM OF THE CASINO LICENCE
(i) the date of its issue;
(ii) the date of its expiration;
(iii) the name of the casino licensee;
(iv) an address in Vanuatu specified by the licensee for the service of documents on the licensee;
(v) the address of the casino;
(vi) those areas constituting the casino;
(vii) such other particulars relating to the casino as the Minister considers necessary; and
(viii) such other particulars as are prescribed; and
(b) shall be subject to the terms and conditions specified in the agreement referred to in section 5.
(2) Where the Minister makes a decision refusing to grant a casino licence, the Minister shall give to the applicant notice in writing of the decision, and grounds for that decision.
DURATION OF CASINO LICENCE
under this Act.
SURRENDER OF CASINO LICENCE
9. (1) A casino licensee may surrender the casino licence at any time.
(2) The casino licensee may not surrender the casino licence if there is an amount payable by the licensee to the Minister under section 12 or section 13.
SUSPENSION OR CANCELLATION OF CASINO LICENCE - GROUNDS
(2) Notwithstanding any other provision of this Act, the Minister may, where he is satisfied that it is in the public interest to do so -
- (a) suspend the casino licence for such period as the Minister thinks fit; or
(b) cancel the casino licence.
SUSPENSION OR CANCELLATION OF CASINO LICENCE - PROCEDURES
(i) by notice in writing, give such direction as the Minister considers appropriate; or
(ii) suspend for such period as the Minister thinks fit, or cancel, the casino licence.
(4) Where a direction given by the Minister under subsection (3)(c)(i) is not complied with within the time specified in the notice, the Minister may suspend for such period as he or she thinks fit, or cancel, the casino licence.
(5) Where a casino licence is suspended under this Part, the Minister may, by notice in writing given to the casino licensee, at any time terminate, or reduce the period of, the suspension of the licence.
(6) Where a casino licence is suspended or cancelled under this Part, the Minister shall, by notice in writing, inform the casino licensee of the suspension or cancellation and of the grounds for the suspension or cancellation.
CASINO LICENCE FEE
TAX
(2) The tax is payable to the Minister by the casino licensee on or before the last working day of each month following the month in respect of which the gross profit was made.
(3) For the purposes of subsection (1) the "gross profit" derived in any month from gaming shall be calculated -
- (a) by deducting from the total amount received by the casino licensee in that month from gaming in the casino the amount paid out during that month as winnings in respect of the gaming; and
- (b) if the value of unredeemed chips at the end of that month is greater than the value of unredeemed chips at the beginning of that month by adding to the amount so ascertained under paragraph (a) the difference between those values; or
- (c) if the value of unredeemed chips at the end of that month is less than the value of unredeemed chips at the beginning of that month, by deducting from the amount so ascertained the difference between those values.
PAYMENT OF FEE AND TAX WHERE CASINO LICENCE SUSPENDED
LIST OF PERSONS EXCLUDED FROM CASINO
APPLICATION OF LIQUOR ACT
ADMINISTRATION
APPOINTMENT OF THE COLLECTOR
POWERS OF THE COLLECTOR
18. The Collector -
(a) has power to do all things necessary or convenient to be done for or in connection with the performance of his functions; and
(b) has and may exercise, any of the powers of an officer.
APPOINTMENT OF OFFICERS
DELEGATION OF POWERS
RIGHTS OF OFFICER ON CASINO PREMISES
POWERS
22. (1) An officer may -
(a) require a person whom the officer believes, on reasonable grounds, has the person's possession or under the person's control any gaming equipment or chips -
(i) to produce the equipment or chips to the officer for inspection or testing; or
(ii) to attend before the officer at a reasonable time and place specified by the officer and there to answer such questions, or to supply such information, relating to the equipment or chips as the officer specifies;
(b) require an interested person -
(i) to produce to the officer for inspection such records in the custody or control of the person relating to the casino or the operation of the casino as the officer specifies; or
(ii) to attend before the officer at a reasonable time and place specified by the officer and there to answer such questions, to supply such information, or to produce such records, relating to the casino or the operation of the casino, as the officer specifies;
(c) inspect or test any gaming equipment or chips or inspect such records, and take copies of, or make notes in relation to, such records, relating tot he casino or the operation of the casino, as the officer specifies;
(d) direct the casino licensee not to use any gaming equipment or chips that the officer considers to be unsatisfactory for use;
(e) receive and, if the officer thinks fit, investigate a complaint with respect to any aspect of the operation of the casino and advise the complainant of the results of any investigation; and
(f) call to the officer's assistance -
(i) another officer; or
(ii) a casino employee who, in the belief of the officer, is competent to assist the officer in the exercise of his or her powers or performance of his or her duties.
(2) A requirement under subsection (1)(a) or (b) or a direction under subsection (1)(d) may be made to a person -
- (a) by notice in writing; or
- (b) where the officer is satisfied that special circumstances make it appropriate orally.
(3) In this section "interested person" means -
- (a) the casino licensee;
- (b) an employee in the casino; or
- (c) any other person associated with the management or operation of the casino.
GENERAL
INVESTIGATIONS
to enable the investigation to be properly conducted.
(3) An investigator may -
- (a) inspect a document produced under subsection (2); and
- (b) make copies of, or take extracts from, such parts of the document as are relevant to a matter the subject of the investigation.
(4) A person shall not, without reasonable excuse -
- (a) refuse of fail to comply with a requirement made of that person under subsection (2) to the extent that the person is capable of complying with that requirement; or
- (b) in purported compliance with such a requirement, knowingly or recklessly furnish information or give an answer that is false or misleading in a material particular.
(5) Any person who contravenes or fails to comply with the provisions of this section shall be guilty of an offence and shall be liable on conviction -
- (a) if the offender is a body corporate, to a fine not exceeding VT1,00,000; or
- (b) if the offender is a natural person, to a fine not exceeding VT200,000.
SELF INCRIMINATION
SECRECY
in the performance of duties or exercise of powers under this Act.
(3) A person may -
- (a) divulge specified information to such persons as the Minister directs if the Minister certifies that it is necessary in the public interest that the information should be divulged;
- (b) divulge information to a prescribed authority or prescribed person; or
- (c) divulge information to a person who is expressly or impliedly authorised by the person to whom the information relates to obtain it.
(4) An authority or person to whom information is divulged under subsection (3), and a person or employee under the control of that authority or person, shall, in respect of that information, be subject to the same rights, privileges, obligations and liabilities under this section as if that authority, person or employee were a person performing duties under this Act and had acquired the information in the performance of those duties.
(5) Where -
- (a) the Minister certifies that it is necessary in the public interest that specified information should be divulged to a court; or
- (b) a person to whom information relates has expressly authorised it to be divulged to a court;
a person may be required -
(c) to produce in court any document containing the information; or
(d) to divulge the information to the court.
(6) Any person who contravenes or fails to comply with the provisions of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding VT200,000 or to imprisonment for a term not exceeding 12 months or to both such fine and imprisonment.
APPOINTMENT OF ADMINISTRATION
OPERATION OF CASINO
MAINTENANCE OF FACILITIES
27. The casino licensee shall -
(a) maintain the facilities and amenities of the casino in such a condition as will promote the satisfaction of patrons;
(b) ensure that the casino is at all times properly and competently conducted;
(c) ensure that all casino installations, equipment and procedures for security are available and are tested, used, operated and applied effectively; and
(d) ensure the gaming equipment and chips approved by the Minister for use in the casino are maintained in good order and condition.
APPROVAL OF LAYOUT
APPROVAL OF GAMING EQUIPMENT AND CHIPS
APPLICATION OF HOLIDAYS ACT
OBSERVANCE OF OPERATING TIMES
(2) Any person who contravenes or fails to comply with the provisions of subsection (1) shall be guilty of an offence and shall be liable on conviction -
- (a) if the offender is a body corporate, to a fine not exceeding VT1,000,000; or
- (b) if the offender is a natural person, to a fine not exceeding VT200,000.
APPROVAL OF OPERATING TIMES
32. (1) The casino licensee shall submit, for the approval of the Minister -
(a) a schedule of operating times for the casino, setting out the days on which, and hours during which, it is proposed to operate the casino; and
(b) where it is proposed to vary a schedule of operating times previously approved under this section, a schedule of operating times as proposed to be varied.
(2) The Minister may approve a schedule of operating times under this section as submitted or with such variations or subject to such conditions as the Minister thinks fit.
DETERMINATION OF OPERATING TIMES BY MINISTER
33. (1) The Minister may at anytime determine the operating times for the casino.
(2) Where the Minister makes a determination under subsection (1), he or she shall forward to the casino licensee, in writing -
- (a) a schedule of the operating times; and
- (b) a notice specifying the date on which the schedule takes effect.
EXCLUSION OF PERSONS FROM CASINO
ENTRY TO AND EXCLUSION OF ENTRY FROM CASINO
GROUNDS
(2) A person shall not enter the casino during the hours of operation of the casino if the person -
- (a) is under the age of 18 years; or
- (b) is not permitted, by reason of a condition prescribed by the Minister.
(3) A person shall not remain in the casino employee, refuses or fails to produce evidence of his or her age;
- (a) when requested to do so by a casino employee, refuses or fails to produce evidence of his or her age;
- (b) has been requested by a casino employee to leave the casino on the ground that the person -
(i) appears not to understand fully the nature or consequences of gaming as it relates to the application of the approved rules of authorised games and the potential for financial loss;
(ii) appears to be under the influence of alcohol or a drug to the extent that the person could not reasonably be expected to exercise rational judgment while playing an authorised game;
(iii) appears to be under the influence of alcohol or a drug to the extent that the person is affecting the orderly functioning of the operations of the casino;
(iv) appears to be cheating, or attempting to cheat, in the casino; or
(v) has previously contravened the approved rules of an authorised game or rules of conduct in force in the casino;
(c) is not permitted, by reason of a condition prescribed by the Minister;
(d) is a person in relation to whom a direction under section 38(1) is in force.
(4) A person shall not, on being requested under subsection (3)(a) to produce evidence of his or her age, produce evidence that is false.
(5) A person is not prevented from entering, or being in, the casino on the ground only that the person is under the age of 18 years if the person -
- (a) is employed or permitted to work at the casino; or
- (b) enters, or is in, the casino in the company of the spouse or a parent of the person, being a spouse or parent who is not less than 18 years of age -
(i) for the purpose of dining at a restaurant in the casino; or
(ii) for a purpose connected with entertainment at the casino that does not involve playing or observing the playing of an authorised game.
(6) Any person who contravenes or fails to comply with the provisions of -
- (a) subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding VT200,000; or
- (b) subsection (2) or subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding VT100,000.
ENFORCEMENT
36. (1) A person who is -
(a) a police officer;
(b) for the time being in charge of the casino; or
(c) an agent or employee of the casino licensee,
may, with such assistance as in necessary and reasonable and using such force as is necessary and reasonable, cause another person who, under section 35, may not enter, or remain in, the casino -
(d) to be prevented from entering the casino; or
(e) to be removed promptly from the casino,
as the case requires.
(2) Any person who, without reasonable excuse, obstructs or hinders a person in the exercise of a power conferred on the last-mentioned person under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding VT100,000 or to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment.
OBLIGATIONS OF CASINO LICENSEE
37. (1) The casino license shall not, knowingly or recklessly -
(a) permit to enter the casino a person who is entitled to do so by virtue of section 35(1)(a) or section 35(2)(a); or
(b) fail to remove from the casino -
(i) a person in relation to whom a request to leave the casino may be made by a casino employee under subparagraphs 35(3)(b)(i), (ii), (iii) or (iv); or
(ii) a person who is not entitled to remain in the casino by virtue of section 35(3)9c).
(2) The casino licensee shall not refuse to permit a person to enter, or be in, the casino on the ground only that the person is under the age of 18 years if the person -
- (a) is employed or permitted to work at the casino; or
- (b) enters, or is in, the casino in the company of the spouse or a parent of the person, being a spouse or parent who is not less than 18 years of age -
(i) for the purpose of dining at a restaurant in the casino; or
(ii) for a purpose connected with entertainment at the casino that does not involve playing or observing the playing of an authorised game.
(3) Any person who contravenes or fails to comply with the provisions of subsection (1) shall be guilty of an offence and shall be liable on conviction -
- (a) if the offender is a body corporate, to a fine not exceeding VT1,000,000; or
- (b) if the offender is a natural person, to a fine not exceeding VT200,000.
DIRECTIONS OF COMMISSIONER OF POLICE
REVOCATION OF DIRECTION
GAMING AND RELATED ACTIVITIES
AUTHORISED GAMES
RULES FOR AUTHORISED GAMES
GAMING EQUIPMENT AND CHIPS
CONDUCT OF GAMING
43. (1) The casino licensee -
(a) shall cause all playing cards dealt in the course of gaming in the casino to be dealt from a card shoe;
(b) shall not issue, or cause or permit to be issued, any chips for gaming in the casino unless the chips are paid for -
(i) in money to the face value of the chips; or
(ii) by chip purchase vouchers issued in accordance with the regulations;
(c) shall not conduct an authorised game, or permit an authorised game to be conducted, in the casino otherwise than in accordance with -
(i) the approved rules for that game; and
(ii) any restriction or condition specified in a notice under section 40(3) in relation to that game;
(d) shall not, in relation to the playing of an authorised game, permit wagers to be placed in the casino otherwise than by means of chips unless the approved rules of the game require, or provide for, the placing of wagers in money;
(e) shall cause all wagers won in the course of playing an authorised game in the casino to be paid for in full without deduction of any commission or levy other than a commission or levy provided for in the approved rules of that game;
(f) shall, during the times the casino is open to the public for gaming, at the request of a patron of the casino, cause -
(i) chip purchase vouchers to be exchanged for chips;
(ii) chips to be exchanged for other chips; or
(iii) chips or chip purchase vouchers to be redeemed for money of a value equivalent to the face value of the chips or chip purchase vouchers; and
(g) shall not require any deposit, charge, commission or levy (whether directly or indirectly and whether or not it is claimed to be refundable) to be paid by a person for the person to enter the casino or, except as may be provided by the approved rules of a game, to take part in gaming in the casino.
(2) Every casino licensee who contravenes or fails to comply with the provisions of subsection (1) shall be guilty of an offence and shall be liable on conviction -
- (a) if the casino licensee is a body corporate, to a fine not exceeding VT2,500,000; or
- (b) if the casino licensee is a natural person, to a fine not exceeding VT500,000.
GAMING BY CERTAIN PERSONS PROHIBITED
(2) A casino employee shall not solicit or accept any gratuity, consideration or other benefit from a patron in the casino.
(3) The casino licensee shall not knowingly permit a person under the age of 18 years to play any game in the casino.
(4) A person under the age of 18 years who plays a game in the casino is guilty of an offence punishable, on conviction, by a fine not exceeding VT100,000.
(5) Any authorized person who contravenes or fails to comply with the provisions of subsection (1) is guilty of an offence and shall be liable on conviction to a fine not exceeding VT200,000 or to imprisonment for a term not exceeding 12 months or to both such fine and imprisonment.
(6) Every casino licensee who contravenes or fails to comply with subsection (3) is guilty of an offence and shall be liable on conviction -
- (a) if the casino licensee is a body corporate, to a fine not exceeding VT2,500,000; or
- (b) if the casino licensee is a natural person, to a fine not exceeding VT500,000 or to imprisonment for a term not exceeding 2 years or to both such fine and imprisonment.
CHEATING
45. (1) A person shall not, in the casino, dishonestly -
(a) by trick, device, sleight of hand or representation;
(b) by a scheme or practice;
(c) by the use of gaming equipment; or
(d) by the use of an instrument or article of a type used in connection with gaming, or appearing to be of a type used in connection with gaming, or of any other thing,
obtain for himself or herself or another person, or induce a person to deliver, give or credit to him or her or another person, any money, chips, benefit, advantage, valuable consideration or security.
(2) A person shall not use, or have in his or her possession, in he casino -
- (a) chips that the person knows are bogus or counterfeit chips;
- (b) cards, dice or coins that the person knows have been marked, loaded or tampered with; or
- (c) for the purposes of cheating or stealing, any equipment, device or thing that permits or facilitates cheating or stealing.
(3) Subsection (2)(a) and (b) do not prohibit the possession of a thing by a person in charge of the casino, an agent or employee of the casino licensee, an inspector or a police officer if that thing has been seized by any of those persons from another person for destruction or for use as evidence in proceedings for an offence.
(4) Any person who contravenes or fails to comply with subsection (1) is guilty of an offence and shall be liable on conviction to a fine not exceeding VT1,000,000 or to imprisonment for a term not exceeding 5 years or to both such fine and imprisonment.
(5) Any person who contravenes or fails to comply with subsection (2) is guilty of an offence and shall be liable on conviction to a fine not exceeding VT500,000 or to imprisonment for a term not exceeding 2 years or to both such fine and imprisonment.
FORGERY
46. (1) A person shall not -
(a) forge or counterfeit chips, a chip purchase voucher, a licence or a form of identification used for the purposes of this Act; or
(b) knowingly utter counterfeit chips or knowingly utter a forged or counterfeit chip purchase voucher, licence or such a form of identification.
(2) Any person who contravenes or fails to comply with subsection (1) is guilty of an offence and shall be liable on conviction to a fine not exceeding VT1,000,000 or to imprisonment for a term not exceeding 5 years or to both such fine and imprisonment.
RESTRICTION ON CREDIT
47. (1) The casino licence shall not, in relation to gaming in the casino -
(a) extend credit in any form to a person;
(b) accept a credit wager from any person;
(c) provide cash or chips to any person upon a blank cheque;
(d) make a loan to a person;
(e) provide cash or chips to any person in respect of a credit card or debit card transaction; or
(f) wholly or partially release or discharge a debt without the approval of the Minister.
(2) Every casino who contravenes or fails to comply with the provisions of subsection (1) is guilty of an offence and shall be liable on conviction -
- (a) if the casino licensee is a body corporate, to a fine not exceeding VT2,500,000; or
- (b) if the casino licensee is a natural person, to a fine not exceeding VT500,000 or to imprisonment for a term not exceeding 2 years or to both such fine and imprisonment.
CHEQUES
(i) if the casino licensee is a body corporate, to fine not exceeding VT500,000; or
(ii) if the casino licensee is natural person to a fine not exceeding VT100,00; or
(b) subsection (3) is guilty of an offence and shall be liable on conviction -
- (i) if the casino licensee is a body corporate, to a fine not exceeding VT1.000,000; or
- (ii) if the casino licensee is natural person, to a fine not exceeding VT200,000 or to imprisonment for a term not exceeding 12 months or to both such fine and imprisonment.
DEPOSIT ACCOUNTS
49. (1) The casino licensee may establish for a natural person a deposit account.
(2) The casino licensee may issue to a person who establishes a deposit account -
- (a) chips;
- (b) chip purchase vouchers;
- (c) money; or
- (d) a cheque,
not exceeding in total value the amount standing to the credit of the account at the time of issue of the chips, vouchers, money or cheque.
(3) The casino licensee shall credit to the deposit account of a person -
- (a) the amount of any money or cheque deposited with the casino licensee for the purpose by the person; and
- (b) the amount of any money transferred by the person to that account directly from an account operated by the person with a financial institution.
(4) The casino licensee shall debit the deposit account of a person with -
- (a) an amount equal to -
(i) the face value of chips or vouchers;
(ii) the amount of money; or
(iii) the amount of a cheque,
issued to the person under subsection (2); and
(b) the amount of any money transferred by the person from that account directly to an account operated by the person with a financial institution.
(5) The casino licensee shall not credit an amount to the deposit account of a person, or debit the deposit account of a person with an amount, otherwise than in accordance with this section.
REDEMPTION OF CHEQUES
the amount of the cheque, or the sum of the amounts of the cheques, to be redeemed.
PROCEEDINGS ETC. IN RELATION TO GAMING
SEARCH, ENTRY AND SEIZURE
INTERPRETATION
"offence" means any conduct (whether constituted by an act or omission) engaged in which constitutes, or which is believed on reasonable grounds constitutes -
(a) an offence against this Act; or
(b) an offence that is to be taken to be related to an offence against this Act.
(2) For the purposes of this Part, a thing is connected with a particular offence if -
- (a) it is a thing with respect to which the offence has been committed;
- (b) it will afford evidence of the commission of the offence; or
- (c) it was used, or is or was intended to be used, for the purpose of committing the offence.
POWERS OF OFFICERS IN CASINO
53. (1) An officer may -
(a) enter any premises; and
(b) search the premises for, and seize, any thing that the officer believes on reasonable grounds to be connected with an offence,
if the entry, search or seizure, as the case requires, is made -
(c) pursuant to a warrant issued under section 56(2);
(d) with the consent of the occupier of the premises; or
(e) pursuant to an order of a court.
(2) An officer may -
- (a) search a person for anything connected with an offence; and
- (b) seize anything found in the course of the search that the officer believes on reasonable grounds to be connected with an offence,
if the search or seizure, as the case requires, is made -
(c) pursuant to a warrant issued under section 56(4);
(d) with the consent of the person; or
(e) pursuant to an order of a court.
SEIZURE OF THINGS NOT SPECIFIED IN WARRANT
the officer may seize that thing if the officer has reasonable grounds for believing that it is necessary to effect the seizure in order to prevent the thing being -
(c) concealed, lost or destroyed;
(d) sold or otherwise disposed of; or
(e) used in connection with an offence or gaming in the casino.
CONSENT RELATING TO SEARCHES
SEARCH WARRANTS
(2) Where an application is made under subsection (1) for a warrant to search premises, the magistrate may, subject to subsection (5), issue a warrant authorising an officer named in the warrant with such assistance and by such force as is necessary and reasonable -
- (a) to enter the premises;
- (b) to seize anything found in the course of search that the officer believes, on reasonable grounds, to be a thing of that kind connected with the relevant offence.
(3) Where an officer has reasonable grounds for suspecting that there may be a thing of a particular kind connected with a particular offence -
- (a) on a person;
- (b) in the clothing that is being worn by a person; or
- (c) otherwise in a person's immediate control,
the officer may -
(d) lay before a magistrate any information on oath setting out those grounds; and
(e) apply for the issue of a warrant to search the person for things of that kind.
(4) Where an application is made under subsection (3) for a warrant to search a person, the magistrate may, subject to subsection (5), issue a warrant authorising an officer named in the warrant with such assistance and by such force as is necessary and reasonable -
- (a) to search the person for things of the kind specified in the warrant; and
- (b) to seize anything found in the course of the search that the officer believes, on reasonable grounds, to be a thing of that kind connected with the relevant offence.
(5) A magistrate shall not issue a warrant under this section unless -
- (a) the informant or another person has given the magistrate, either orally or by affidavit, any further information that the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and
- (b) the magistrate is satisfied that there are reasonable grounds for issuing the warrant.
(6) A warrant shall -
- (a) state the purpose for which it is issued;
- (b) specify the nature of the relevant offence;
- (c) specify particular hours during which the entry is authorised, or sate that the entry is authorised at anytime of the day or night;
- (d) include a description of the kinds of things in relation to which the powers under the warrant may be exercised; and
- (e) specify the date, being a date not later than 1 month after the date of issue of the warrant, on which the warrant ceases to have effect.
POLICE ENTRY
may at anytime enter, and be in, any part of the casino.
(2) Subsection (1) shall not be taken to affect the power of a police officer under any other law of Vanuatu to enter, and be in, the casino.
SPECIAL POWERS OF OFFICERS AND POLICE OFFICERS
the officer may search a person for the thing and, if the thing is found in the course of the search, seize it.
(3) Where a police officer suspects, on reasonable grounds, that a particular thing is connected with a particular offence, the police officer may search a person, or enter premises and search, for the thing and, if the thing is found in the course of the search, seize it.
(4) An officer or police officer shall not exercise a power under this section in relation to a thing unless -
- (a) the officer or police officer, as the case requires, believes, on reasonable grounds, that it is necessary to exercise the power in order to prevent the concealment, loss or destruction of the thing; and
- (b) the circumstances are so serious and urgent that they require the immediate exercise of the power without the authority of an order of a court or of a warrant issued under this Act or any other law in force.
(5) If, in the course of searching, in accordance with this section, for a thing connected with a particular offence, an officer or police officer finds -
- (a) a thing that the officer or police officer believes, on reasonable grounds, to be a thing connected with another offence; or
- (b) anything that the officer or police officer believes, on reasonable grounds, will afford evidence as to the commission of an offence,
and the officer or police officer, as the case requires, believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating the offence or the other offence, the officer or police officer, as the case requires, may seize the thing.
RESTRICTIONS AFFECTING SEARCH OF PERSONS
(2) In conducting a search of a person under this Part, an officer or police officer shall not use more force, or subject a person to greater indignity, than is reasonable and necessary in order to conduct the search.
(3) A person shall not be searched under the Part except by a person of the same sex.
(4) Nothing in this Part shall be taken to authorise a person to carry out a search by way of an examination of a body cavity of a person.
DISPOSAL OF GAMING EQUIPMENT ETC. AFTER SEIZURE
(i) that the thing be returned to the person from whom it was seized or to the person occupying, or in charge of, the relevant premises, as the case requires; or
(ii) that the thing shall be forfeited to the State.
(2) Where an illegal thing is seized under section 53, 54 or 58, the thing is forfeited to the State.
(3) In this section -
"illegal thing" means -
(a) a bogus or counterfeit chip;
(b) a card that has been marked or otherwise tampered with;
(c) dice that has been marked, loaded or otherwise tampered with; or
(d) any other device or thing that permits or facilitates cheating.
DETENTION OF SUSPECTED PERSON
suspects on reasonable grounds that a person in the casino is contravening, or attempting to contravene, a provision of this Act, the person in charge, agent, employee or officer may detain the suspected person in a suitable place in the casino until the arrival at the place of detention of a police officer.
(2) A person may not be detained under this section unless -
- (a) no more force is used than is reasonable and necessary in the circumstances;
- (b) the person detained is informed of the reasons for the detention; and
- (c) the person affecting the detention immediately notifies a police officer of the detention and the reasons for the detention.
OFFENCES
OBSTRUCTING OFFICER
COMPLIANCE WITH REQUIREMENT OF OFFICER
FALSE INFORMATION
is guilty of an offence and shall be liable on conviction -
(i) if the offender is a body corporate, to a fine not exceeding VT1,000,000; or
(ii) if the offender is a natural person, to a fine not exceeding VT200,000 or to imprisonment for a term not exceeding 12 months or to both such fine and imprisonment.
FALSE REPRESENTATION
65. Any person who -
(a) impersonates the holder of a licence or of a form of identification used for the purposes of this Act; or
(b) falsely represents himself or herself to be an officer or other authorised person,
is guilty of an offence and shall be liable on conviction to a fine not exceeding VT200,000 or to imprisonment for a term not exceeding 12 months or to both such fine and imprisonment.
FAILURE TO PROVIDE INFORMATION
CONFLICT OF INTEREST
67. (1) An official shall not knowingly or recklessly -
(a) have, directly or indirectly -
(i) any business or financial association with; or
(ii) any business or financial interest in any matter in conjunction with,
a casino licensee; or
(b) be employed, in any capacity, by a casino licensee.
(2) Where a person ceases to be an official, the person shall not knowingly or recklessly solicit or accept employment from, or have any business or financial association with, a casino licensee within the period of 1 year after so ceasing to be an official.
(3) A casino licensee shall not knowingly or recklessly -
- (a) have, directly or indirectly -
(i) any business or financial association with; or
(ii) any business or financial interest in any matter in conjunction with,
an official; or
(b) employ in any capacity an official.
(4) Where a person ceases to be an official, a casino licensee shall not knowingly or recklessly employ in any capacity, or have any business or financial association with, the person within the period of 1 year after the person so ceased to be an official.
(5) An official who knowingly has, directly or indirectly -
- (a) any business or financial association with; or
- (b) any business of financial interest in any matter in conjunction with,
a person who is the applicant for a casino employee's licence shall, as soon as practicable, notify the Minister in writing of the association or interest.
(6) Any person who contravenes or fails to comply with -
- (a) subsections (1) or (2), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding VT200,000 or to imprisonment for a term not exceeding 12 months or to both such fine and imprisonment;
- (b) subsections (3) or (4) shall be guilty of an offence and shall be liable on conviction -
(i) if the offender is a body corporate, to a fine not exceeding VT2,500,000; or
(ii) if the offender is a natural person, to a fine not exceeding VT500,000 or to imprisonment for a term not exceeding 2 years or to both such fine and imprisonment;
(c) subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding VT100,000 or to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment.
(7) In this section "official" means an authorised person, other than a casino employee.
BRIBERY
68. (1) An authorised person shall not -
(a) ask for, receive, obtain or agree to receive or obtain any money, property or benefit of any kind for himself or herself or for another person -
(i) to forego or neglect his or her duty or to influence him or her in the performance of his or her functions under this Act; or
(ii) on account of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by him or her in the performance of those functions; or
(b) use, or take advantage of, his or her position as an authorised person in order improperly to gain a benefit or advantage for, or to facilitate the commission of an offence by, another person.
(2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding VT500,000 or to imprisonment for a term not exceeding 2 years or to both such fine and imprisonment.
(3) A person who gives to, confers upon, or procures for, an authorised person, or any other person, any money, property or benefit of any kind -
- (a) to influence the authorised person to forego or neglect, or in the performance of, his or her functions under this Act;
- (b) on account of anything done or omitted to be done, or to be afterwards done or omitted to be done, by the authorised person in relation to those functions; or
- (c) to influence the authorised person to sue, or take advantage of, his or her position as an authorised person in order improperly to gain a benefit or advantage for, or to facilitate the commission of an offence by, any person,
is guilty of an offence and shall be liable on conviction -
(d) if the offender is a body corporate, to a fine not exceeding VT2,500,000; or
(e) if the offender is a natural person, to a fine not exceeding VT500,000 or to imprisonment for a term not exceeding 2 years, or to both such fine and imprisonment.
CONDUCT OF DIRECTORS, SERVANTS AND AGENTS
(b) that the director, servant or agent had the state of mind.
(2) Any conduct engaged in on behalf of a body corporate by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.
(3) Where in proceedings for an offence against this Act, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show -
- (a) that the conduct was engaged in by a servant or agent of the person within the scope of his or her actual or apparent authority; and
- (b) that the servant or agent had the state of mind.
(4) Any conduct engaged in on behalf of a person other than a body corporate by a servant or agent of the person within the scope of his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the first-mentioned person unless the first-mentioned person establishes that the first-mentioned person took reasonable precautions and exercised due diligence to avoid the conduct.
(5) Where -
- (a) a person, other than a body corporate, is convicted of an offence; and
- (b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted,
the person is not liable to be punished by imprisonment for that offence.
(6) A reference is subsection (1) or (3) to the state of mind of a person; and
- (a) the knowledge, intention, opinion, belief or purpose of the person; and
- (b) the person's reasons for the intention, opinion, belief or purpose.
(7) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.
FINANCIAL
BANK ACCOUNTS
ACCESS TO BANKING RECORDS
ACCOUNTS AND RECORDS
72. The casino licensee shall -
(a) cause to be kept in Vanuatu, in respect of the transactions and affairs of the casino licensee relating to the operation of the casino, proper accounts and records in accordance with the accounting principles generally applied in commercial practice; and
(b) do all things necessary to ensure that, in relation to the operation of the casino -
(i) payments out of the moneys of the casino licensee are correctly made and properly authorised;
(ii) adequate control is maintained over the incurring of liabilities by the casino licensee; and
(iii) adequate control is maintained over the assets of, or in the custody of, the casino licensee/
STATEMENT OF ACCOUNTS
that give a true and fair view of the financial operations of the casino licensee in relation to the operation of the casino.
(2) Every casino licensee who contravenes or fails to comply with subsection (1) is guilty of an offence and shall be liable on conviction -
- (a) if the offender is a body corporate, to a fine not exceeding VT500,000; or
- (b) if the offender is a natural person, to a fine not exceeding VT100,000 or to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment.
AUDIT
RETENTION OF RECORDS
REGULATIONS
(2) Without limiting the generality of subsection (1), the regulations may -
- (a) make provision in relation to the control of the casino or of the operations of the casino;
- (b) make provision in relation to the quality, type or identification of gaming equipment to be used in the casino;
- (c) make provision in relation to maintenance or use of gaming equipment in the casino;
- (d) make provision in relation to the control of chip stock;
- (e) prescribe standards or procedures for the testing, repair or overhaul of gaming equipment;
- (f) make provision in relation to the handling of chips by casino employees or the use of chips by patrons of the casino;
- (g) make provision in relation to the transportation of gaming equipment or chips to or from the casino;
- (h) make provision in relation to members of the pubic, conditions for entering and being in the casino;
- (i) make provision in relation to the security arrangements to be applied in relation to the casino;
- (j) prescribe, for the purposes of security and orderly gaming, requirements for the layout of the casino relating to -
(i) the sitting of gaming tables, gaming equipment, counting rooms, cages and other facilities provided for operations in the casino;
(ii) the manner of installation of any closed circuit television system, the position and field of coverage of cameras associated with the system and the height of the cameras above the gaming operations in the casino;
(iii) the position and type of any catwalk surveillance system for use in connection with the direct visual monitoring of operations of the casino;
(iv) the communications facilities provided for persons maintaining operations in the casino, whether by means of a closed circuit television system, a catwalk surveillance system or by some other means; and
(v) the office and related facilities to be provided for inspectors;
(k) prescribe procedures for the payment of winning wagers;
(l) prescribe procedures for the supervision and control of the counting of money;
(m) specify the amount, or prescribing procedures for specifying the amount, of any bet to be made in connection with the playing of an authorised game;
(n) prescribe procedures for the reconciliation of disputes arising out of the conduct of gaming in the casino;
(o) prescribe accounts or other records to be kept by the casino licensee;
(p) prescribe requirements to be observed by the casino licensee in relation to the publication of information concerning the casino and its activities;
(q) make provision in relation to notices to be displayed in the casino licensee;
(r) make provision in relation to the control of junkets;
(s) prescribe criteria for the grant of a casino licence or a casino employee's licence, including matters relating to the control -
(i) of any corporation affected by this Act;
(ii) of substantial shareholders of, or foreign participation in, such a corporation;
(iii) of persons who are associates of such a corporation;
(t) prescribe conditions to be applicable to a casino licence;
(u) require that any matter affected by the regulations be subject to the approval, or satisfaction, of a specified body, or a person holding or occupying a particular office, so as to authorise such a body or person to exercise a discretionary authority; or
(v) prescribe fees for the purposes of this Act;
(w) prescribe, for offences against the regulations, penalties not exceeding -
(i) if the offender is a body corporate, a fine of VT250,000; or
(ii) if the offender is a natural person, a fine of VT50,000.
COMMENCEMENT
77. This Act shall come into force on the date of its publication in the Gazette.
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URL: http://www.paclii.org/vu/legis/num_act/cca1993166