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In forceAmended2020 Revised Edition
Contents

Part 10 · National Council on Problem Gambling

168. List of excluded persons

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Amended

Last amended by an amending law of 2024. 3 amendments in all.

(1)

The Council must establish and maintain a list of excluded persons which sets out the names and particulars of every person who, for the time being is —

(a)

the person against whom a family exclusion order, a provisional family exclusion order or a third party exclusion order is made;

(aa)

subject to exclusion under section 165A;

(ab)

subject to self-exclusion;

(b)

excluded under section 165D from any casino premises by reason of having made the maximum number of visits to any casino specified by a visit limit made against the person for the month;

(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.

(1A)

The list of excluded persons must also set out, in relation to each person, which of the following applies to the person due to the person’s status under subsection (1)(a), (aa), (ab), (b), (c) or (d):

(a)

the person is banned or excluded from entering or remaining on, or taking part in any casino gambling or promotional game on, all casino premises;

(b)

the person is banned or excluded from entering or remaining in, or taking part in any playing of a gaming machine in, all gaming machine rooms (except entering or remaining in any gaming machine room to perform defined work within the room);

(c)

the person is banned or excluded from engaging in all manner of general remote gambling.

(2)

For the purposes of maintaining the list of excluded persons referred to in subsection (1)(b), the Council may, by written notice, require a casino operator to furnish any information or produce any document or record in the possession or under the control of the casino operator relating to the number of visits made by any person to the casino.

(3)

The Council must provide or make available the list of excluded persons to the Authority and the Commissioner of Police.

(3A)

The Council must provide or make available without charge —

(a)

a list of all casino-excluded persons to every casino operator;

(b)

a list of all persons who are banned or excluded from entering or remaining in, or taking part in any playing of a gaming machine in, all gaming machine rooms to every gambling operator who is authorised by a licence under the Gambling Control Act 2022 to conduct gaming involving gaming machines installed in a gaming machine room; and

(c)

a list of all persons who are banned or excluded from engaging in all manner of general remote gambling to every gambling operator who is authorised by a licence under the Gambling Control Act 2022 to provide facilities for general remote gambling.

(4)

Upon —

(a)

the taking effect, cessation, revocation, setting aside, variation or substitution of any family exclusion order, provisional family exclusion order or third party exclusion order;

(b)

the taking effect or cessation of any exclusion under section 165A;

(c)

the taking effect or revocation of any self-exclusion;

(d)

the taking effect or cessation of any ban under section 165D(a) or (b), respectively;

(e)

the taking effect, lapsing or revocation of any exclusion order made under section 121(1) or 122(1); or

(f)

the taking effect, lapsing or cancelling of an entry ban made under section 79 of the Gambling Control Act 2022,the Council must, as soon as is practicable, update the list of excluded persons so as to keep the list of excluded persons as accurate as possible at every point of time.

(5)

Without affecting subsection (4), the Council may vary or update the list of excluded persons —

(a)

to correct any clerical or other error in the names or particulars in the list; or

(b)

to update any of the names or particulars in the list in order that they remain sufficient to identify any excluded person.

(5A)

When any variation or update has been made to the list of excluded persons, the Council must, as soon as is practicable —

(a)

provide or make available the varied or updated list of excluded persons to the Authority and the Commissioner of Police; and

(b)

provide or make available, without charge, the varied or updated version of the respective list given to every casino operator and gambling operator under subsection (3A).

(6)

It is a defence to any disciplinary action against a casino operator for a contravention of section 126(1) by permitting a casino-excluded person to enter or remain on the casino premises if it is proved that —

(a)

before the person entered the casino premises or while the person was on the casino premises, there was produced to the casino operator or to its agent or employee proof of the person’s identity; and

(b)

at that time, the person’s name and particulars were not on the list of excluded persons provided or made available by the Council to the casino operator under subsection (3A)(a).

(7)

It is lawful for the person for the time being in charge of a casino, an agent of the casino operator or a casino employee to refuse entry to, or remove or cause to be removed from the casino premises using no more force than is reasonably necessary, any person whose name and particulars are at that time on the list of excluded persons provided or made available by the Council to the casino operator under subsection (3A)(a).

Report

Read on from s 169

Part 10A

Casino Advertising and Responsible Gambling

Read on from Part 10A

Part 11

General Offences

Read on from Part 11

Part 12

Enforcement Powers and Proceedings

Read on from Part 12

Part 13

Miscellaneous

Read on from Part 13

Schedules

Read on from Schedules