Explanatory Memorandum

Transcription

1 Casino (Amendment) Bill 2017 Index Explanatory Memorandum 1. This Bill is promoted by Mr. Cannan on behalf of the Treasury and the Isle of Man Gambling Supervision Commission. It amends the Casino At Clauses 1 to 3 (whih together omprise Part 1) deal with the ommenement, itation and expiry of the resulting At. 3. Part 2 ontains the amendments to the Casino At Clause 4 amends setion 4 of the Casino At It provides for a asino liene to ontain a requirement to the effet that the holder of the liene must during the urreny of the liene omply with AML/CFT legislation. By AML/CFT legislation is meant a number of piees of legislation onneted with the prevention of money laundering and with terrorist finaning. These piees of legislation are listed in a new subsetion (7) whih provides the definition of the expression. The lause also onfers new powers upon the Isle of Man Gambling Supervision Commission (referred to as the Board in the At) to require the holder of a liene to satisfy it that the holder has omplied with the new obligations in relation to money laundering. This is brought about by means of an amendment to subsetion (3)(d). 5. Clause 5 amends setion 5A of the Casino At The provision allows for the variation (with the approval of the Counil of Ministers) of the premises speified in a asino liene or any assoiated premises. The provision also allows the Board to vary with the onsent of the holder of the liene and the Counil of Ministers the failities and amenities to be provided at the proposed asino or any proposed assoiated premises. 6. Clause 6 amends setion 14 of the Casino At It alters the urrent requirement upon the Counil of Ministers to obtain a deposit of an amount equal to 20 per ent of the estimated total ost of the provision of the premises to be used as a asino before granting a onession so that this beomes a power to require a deposit. 7. It is not antiipated that the Bill will result in any inrease in publi expenditure or a derease in publi revenue. 8. In the opinion of the member moving the Bill its provisions are ompatible with the Convention rights within the meaning of the Human Rights At Page 1

2 Index Casino (Amendment) Bill 2017 e Index Setion Page 1 Short title Commenement Expiry Liene onditions in relation to money laundering and ounter-terrorism: setion 4 amended Variation of liene: setion 5A amended Deposits: setion 14 amended... 5 Page 2

3 Casino (Amendment) Bill 2017 Setion 1 e A BILL to permit the revoation of a asino liene in ases of non-ompliane with money laundering and finaning of terrorism legislation; to permit the premises in whih asinos are loated and the failities and amenities provided under asino lienes to be varied; to permit the Counil of Ministers additional disretion in relation to deposits for onessions; and for onneted matters. BE IT ENACTED by the Queen s Most Exellent Majesty, by and with the advie and onsent of the Counil and Keys in Tynwald assembled, and by the authority of the same, as follows: PART 1 INTRODUCTORY 1 Short title The short title of this At is the Casino (Amendment) At Commenement (1) This At (other than setions 1 and 3 and this setion) omes into operation on a day appointed by order of the Isle of Man Gambling Supervision Commission. (2) Different days may be appointed for different provisions and different purposes. (3) An order under subsetion (1) may make suh transitional and saving provisions as the Isle of Man Gambling Supervision Commission onsiders neessary or expedient. 3 Expiry (1) This At expires (a) on the day after its promulgation, if all of its provisions are in operation on its promulgation; or (b) otherwise, on the day after the last provision is brought into operation. (2) The expiry does not Page 3

4 Setion 4 Casino (Amendment) Bill (a) (b) affet the ontinuing operation of the amendments made by this At; or revive any provision not in operation when the amendments took effet PART 2 AMENDMENT OF THE CASINO ACT Liene onditions in relation to money laundering and ounterterrorism: setion 4 amended (1) Setion 4 of the Casino At 1986 (onditions of asino lienes) is amended in aordane with subsetions (2) and (3). (2) In subsetion (3) (a) after the words onditions insert (za) that the holder of the liene omplies at all times during the urreny of the liene with AML/CFT legislation; ; (b) in paragraph (d) at the end insert (iii) that the holder of the liene has omplied with its obligations under paragraph (za);. (3) At the end of the setion insert (7) In this setion AML/CFT legislation means any of the following enatments (a) the Anti-Terrorism and Crime At 2003; (b) Part 3 (money laundering) of the Proeeds of Crime At 2008; () the Terrorism and Other Crime (Finanial Restritions) At 2014; (d) any instrument of a legislative harater made under one of the Ats mentioned in paragraph (a) to ().. 5 Variation of liene: setion 5A amended (1) Setion 5A of the Casino At 1986 (variation of asino liene) is amended in aordane with subsetion (2) and (3). (2) In subsetion (1) after the words liene insert (za) by varying with the approval of the Counil of Ministers, the premises in whih the asino is loated or any assoiated premises;. (3) After subsetion (1) insert (1A) The Board may at any time, with the approval of the Counil of Ministers and with the onsent of the holder of the liene, vary any failities or amenities to be provided Page 4

5 Casino (Amendment) Bill 2017 Setion by the holder of the liene at the asino or at any assoiated premises Deposits: setion 14 amended (1) Setion 14 of the Casino At 1986 (deposits) is amended in aordane with subsetions (2) to (4). (2) In subsetion (1) (a) for the word shall substitute may ; (b) omit the words from equal to premises ; () omit the words from as ertified to the end. (3) In subsetion (2) for the words the deposit substitute a deposit. (4) In subsetion (4) for the words the deposit substitute a deposit. Page 5

6 IN THE KEYS A BILL to permit the revoation of a asino liene in ases of non-ompliane with money laundering and finaning of terrorism legislation; to permit the premises in whih asinos are loated and the failities and amenities provided under asino lienes to be varied; to permit the Counil of Ministers additional disretion in relation to deposits for onessions; and for onneted matters. Approved by the Counil of Ministers for introdution in the House of Keys. MR CANNAN APRIL 2017 Published by Authority