Enter Casino While Subject to an Exclusion Order

Police Interview

Do you believe that the Police who investigate crimes are searching for the truth? Do you think that a Police interview is just an opportunity for you to tell your side of the story? Unfortunately the Police are not searching for the truth, they are working to obtain evidence of a sufficient weight to secure a conviction. They are not interviewing you to hear you side of the story, they are interviewing you hoping that you make admissions to Entering Casino While Subject to an Exclusion Order.

If you are being interviewed for Enter Casino While Subject to an Exclusion Order, call our firm to speak with one of our lawyers about the best course of action to take.

Pleading Not Guilty

If you wish to plead guilty to Enter Casino While Subject to an Exclusion Order, because you deny the allegation, it is important to speak with one of our expert criminal law experts who can advise you on the strengths and weaknesses of the Prosecution case against you. We will see things in the brief that you may not and we can point to inconsistencies in the Police narrative that might make contesting the charges viable.

Our firm has decades of experience representing people in Court.

Pleading Guilty

If you wish to plead guilty to Enter Casino While Subject to an Exclusion Order, we can assist you through the court process. We can help you obtain references and make your plea in mitigation. Our lawyers can help you achieve the fairest outcome.

Which court will the case be heard in?

As a summary offence, this charge is predominantly heard in the Magistrates’ Court.

What is the legal definition of Enter Casino While Subject to an Exclusion Order?

The legal definition of Enter Casino While Subject to an Exclusion Order is as follows:

1. The Commission or a casino operator or the person for the time being in charge of a casino, may, by order given to a person orally or in writing, prohibit the person from entering or remaining in the casino.¹

• (1A) An oral order lapses after 14 days

2. If the person is given an oral order and the person requires the order to be given in writing, the oral order is suspended while the order is put in writing (but only if the person remains available in the casino to be given the written order).

• (2A) The Commission or a casino operator may give a written order under this section to a person, on the voluntary application of the person, prohibiting the person from entering or remaining in a casino.
• (2B)An application under subsection (2A) must be in writing and signed by the applicant in the presence of a person authorised by the Commission to witness such an application.

3. As soon as practicable after a casino operator gives a written order under this section, the operator must cause a copy of the order to be given to the Commission. Penalty: 50 penalty units.
4. This section does not authorise the exclusion from the casino of an inspector or other authorised person, or a police officer.
5. A function of the Commission under this section may be performed by any commissioner.

Examples of Enter Casino While Subject to an Exclusion Order

• A casino employee gives a person is oral notice that they are prohibited from entering a casino, and the person re-enters the casino 8 days later.
• A person makes an application to a casino to make a written order prohibiting them from entering the casino. The casino makes the written order and the person re-enters the casino a month later.

Legislation

The legislation for the offence of Enter Casino While Subject to an Exclusion Order can be found in section 72 of the Casino Control Act 1991 (Vic).

Elements of the offence

The prosecution must prove:

1. The Commission, a casino operator, a person for the time being in charge of a casino, or the Chief Commissioner of Police made an order prohibiting a person from entering a casino;
2. If the order was an oral order, less than 14 days had elapsed since the making of the order;
3. The excluded person was not an inspector or authorised person, or a police officer; and
4. The excluded person re-entered the casino while prohibited under the order.

Element 1: The Commission, a casino operator, a person for the time being in charge of a casino or the Chief of Police made an order prohibiting a person from entering a casino
Only the Commission, a casino operator, a person for the time being in charge of a casino or the Chief Commissioner of Police can make an order prohibiting someone from entering a casino.

The Commission, a casino operator and a person for the time being in charge of a casino may make an order orally or in writing. The Chief Commissioner of Police must make an order in writing.²

‘The Commission’ means the Victorian Commission of Gambling and Liquor Regulation.³ Any ‘commissioner’ may perform the functions of the Commission.⁴ A person may be appointed as a commissioner under the appropriate provisions of the Gambling Regulation Act 2003 (Vic).⁵

A ‘casino operator’ is a person who holds a casino licence.⁶ Casino licenses are issued and regulated under Part II of the Act.⁷

The ‘person for the time being in charge of a casino’ is not defined in the Act. It appears to be a catch all term enabling the most senior casino staff member on duty at the time to make an order.

The Commission, a casino operator a person for the time being in charge of a casino may make an order orally or in writing. If the order is made orally, it lapses after 14 days.⁸ If an order is made in writing, it applies indefinitely.

If a person receives an oral order, they may require the order to be made in writing. If the person stays in the casino while the order is being made in writing, their oral order is suspended.⁹

A person may request an order be made prohibiting them from entering a casino.¹⁰ A ‘voluntary order’ of this kind must be in writing and signed by the applicant in the presence of a person authorised by the Commission to witness such an application.¹¹

Element 2: If the order was an oral order, less than 14 days have elapsed since the making of the order
If the order is an oral order, the order only remains valid for 14 days after it is made.¹² If a person re-enters a casino more than 14 days after they were excluded by oral order, they will not be guilty of this offence.

Element 3: The excluded person was not an inspector or authorised person, or a police officer
Police officers, inspectors and authorised persons cannot be excluded from a casino under an exclusion order.

Element 4: The excluded person re-enters the casino
If elements 1-3 are satisfied, an excluded person will commit an offence if they re-enter a casino they a prohibited from entering under an exclusion order.

It is important to note that a person subject to a written exclusion order may appeal their order under s 73 of the Act if the Commission, a casino operator or a person for the time being in charge of a casino made the order.¹³ Written orders made by the Chief Commissioner of Police are not appellable.¹⁴

A person may appeal to the Commission within 28 days of the written exclusion order being made.

Defences

Some defences to this offence include:

• No exclusion order was made;
• The exclusion order was an oral order and more than 14 days has elapsed since it was made;
• The exclusion order was made to an authorised person (i.e. a police officer or an inspector); or
• The person subject to the exclusion order was honestly and reasonably mistaken and thought that no such order existed.

Questions in cases like this

• Was an exclusion order made?
• Was the exclusion order an oral order or a written order?
• If the exclusion order was an oral order, has 14 days elapsed?

As with any criminal offence, whether or not someone should plead guilty to this charge depends on the specific features of their case.

Maximum penalty for sections 72 and 74 of the Casino Control Act 1991

The offence of Enter Casino While Subject to an Exclusion Order (sections 72 and 74 of the Casino Control Act 1991) carries a maximum penalty of 20 penalty units (a $3,223.80 fine).¹⁵

The Department of Treasury and Finance reviews and updates the value of a penalty unit on 1 July each year.¹⁶ As such, the maximum fine for this offence is liable to change.

Other important resources

• SAC Statistics – Casino Control Act 1991 (Vic) : s 77(1) – enter casino while subject to s72 exclusion order

_{[1] Note: Section 74 of the Act also enables the Chief Commissioner of Police to make an exclusion order.
[2] Casino Control Act 1991 (Vic) s 74
[3] Casino Control Act 1991 (Vic) s 3
[4] Casino Control Act 1991 (Vic) s 72(5)
[5] Gambling Regulation Act 2003 (Vic), Chapter 10 Part 1 Division 2
[6] Casino Control Act 1991 (Vic) s 3
[7] Casino Control Act 1991 (Vic) Part II
[8] Casino Control Act 1991 (Vic) s 721A)
[9] Casino Control Act 1991 (Vic) s 72(2)
[10] Casino Control Act 1991 (Vic) s 72(2A)
[11] Casino Control Act 1991 (Vic) s 72(2B)
[12] Casino Control Act 1991 (Vic) s 72(1A)
[13] Casino Control Act 1991 (Vic) s 73
[14 Casino Control Act 1991 (Vic) s 74(3)
[15] Casino Control Act 1991 (Vic) s 77
[16] http://www.justice.vic.gov.au/home/justice+system/fines+and+penalties/penalties+and+values/}