BERMUDA CASINO GAMING (CASINO FEES) REGULATIONS 2017 BR 24 / 2017

Similar documents
BERMUDA CASINO GAMING AMENDMENT ACT : 48

BELIZE HOTELS AND TOURIST ACCOMMODATION ACT CHAPTER 285 REVISED EDITION 2003 SHOWING THE SUBSTANTIVE LAWS AS AT 31ST MAY, 2003

THE BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE CESS ACT, 1996 ARRANGEMENT OF SECTIONS

BELIZE COMPUTER WAGERING LICENSING ACT CHAPTER 149 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

BERMUDA FINANCIAL ASSISTANCE ACT : 24

THE HOTEL LEVY ACT NO.1 OF 1995 ARRANGEMENT OF SECTION

PART XVII COURT PROCEEDINGS

BELIZE EXCHANGE CONTROL REGULATIONS ACT CHAPTER 52 REVISED EDITION 2011 SHOWING THE SUBSTANTIVE LAWS AS AT 31 ST DECEMBER, 2011

BERMUDA INVESTMENT FUNDS ACT : 37

MONEY SERVICES LAW. (2010 Revision) Law 13 of 2000 consolidated with Law 38 of 2002 and Law 35 of 2009.

BERMUDA INVESTMENT FUNDS AMENDMENT ACT : 28

BERMUDA LABOUR RELATIONS (NOTICE IN ESSENTIAL SERVICES) RULES 1975 SR&O 49 / 1975

The Sale of Training Courses Act

FINANCIAL ASSISTANCE ACT 2001 BERMUDA 2001 : 24 FINANCIAL ASSISTANCE ACT 2001

MONEY SERVICE BUSINESS REGULATIONS 2007 BR 4 / 2007 BERMUDA MONETARY AUTHORITY ACT : 57 MONEY SERVICE BUSINESS REGULATIONS 2007

BERMUDA HOTELS (TEMPORARY CUSTOMS DUTY RELIEF) ACT : 5

Road Transport (Driver Licensing) Act 1998 No 99

CHAPTER 83:02 BAUXITE (PRODUCTION LEVY) ACT ARRANGEMENT OF SECTIONS

BERMUDA PROCEEDS OF CRIME (ANTI-MONEY LAUNDERING AND ANTI-TERRORIST FINANCING SUPERVISION AND ENFORCEMENT) ACT : 49

The Sale of Training Courses Act

GOVERNMENT GAZETI'E OF THE REPUBLIC OF NAMIBIA. WINDHOEK - 31 July 1995 CONTENTS

THE INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, (No. 30 of 1979)

The Credit Reporting Agencies Act

INCOME AND EMPLOYMENT SUPPORTS ACT

Country Code: MS 2002 Rev. CAP Reference: 19/1979. Date of entry into force: April 1, 1980 (SRO 8/1980)

18:11 PREVIOUS CHAPTER

BERMUDA TRUSTS (REGULATION OF TRUST BUSINESS) ACT : 22

PREVENTION OF FRAUD (INVESTMENTS) ACT

Housing Development Schemes for Retired Person s Act

The Disabled Persons Allowances Act

BERMUDA BANKS AND DEPOSIT COMPANIES ACT : 40

AINSLIE FOOTBALL & SOCIAL CLUB LIMITED ACN: ("THE COMPANY") A PUBLIC COMPANY LIMITED BY GUARANTEE CONSTITUTION OBJECTS

General Conditions of CERN Contracts

by UPPC, Entebbe, by Order of the Government. Hire Purchase Act THE HIRE PURCHASE ACT, ARRANGEMENT OF SECTIONS. PART I PRELIMINARY.

CHARTERED INSURANCE INSTITUTE OF NIGERIA ACT

CHAPTER I PRELIMINARY. 1. Short title, extent, commencement and application. 2. Definitions. CHAPTER II THE ADVISORY BOARDS

BERMUDA BERMUDA ECONOMIC DEVELOPMENT CORPORATION ACT : 33

The Disabled Persons Allowance Act

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

Counter-Terrorism COUNTER-TERRORISM ACT Act. No Commencement (LN. 2010/083) Assent Relevant current provisions

BERMUDA POLICE COMPLAINTS AUTHORITY ACT : 29

BERMUDA BETTING ACT : 24

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

CAYMAN ISLANDS. Supplement No. 28 published with Extraordinary Gazette No. 45 of 31st May, PROCEEDS OF CRIME LAW.

PART 1 PART 2 PART 3

BERMUDA RESTAURANTS (TEMPORARY CUSTOMS DUTY RELIEF) ACT : 30

Chapter 22:05 EXCHANGE CONTROL ACT Acts 62/1964, 8/1967, 15/1970, 43/1975, 42/1977 (s. 3), 22/2001, 14/2002; R.G.N 1135/1975. ARRANGEMENT OF SECTIONS

CAYMAN ISLANDS. Supplement No. 1 published with Extraordinary Gazette No. 25 of 27th March, PROCEEDS OF CRIME LAW (2018 Revision)

Reproduction for Lexbahamas 2002 Lexbahamas

INSTITUTE OF CHARTERED CHEMISTS OF NIGERIA ACT

PART 11 MANAGEMENT PROVISIONS 3

SUMMARY PROCEEDINGS ACT

REGULATORY REFORM (SCOTLAND) BILL [AS AMENDED AT STAGE 2]

Legal Aid Act 29 of 1990 (GG 131) brought into force on 7 October 1991 by Proc. 23/1991 (GG 272) ACT

PART 11 MANAGEMENT PROVISIONS 3 OVERVIEW 3

Commonwealth of the Bahamas Act No. 1 of 2002 MINIMUM WAGES ARRANGEMENT OF SECTIONS

Chartered Institute of Taxation of Nigeria Act CHAPTER C10 CHARTERED INSTITUTE OF TAXATION OF NIGERIA ACT ARRANGEMENT OF SECTIONS PART I

Compendium on Acts and Rules

THE GAZETTE OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

TRANSFER TO SOUTH WEST AFRICA: This Act post-dated the transfer proclamations. as amended by

TRUSTS (REGULATION OF TRUST BUSINESS) ACT 2001 BERMUDA 2001 : 22 TRUSTS (REGULATION OF TRUST BUSINESS) ACT 2001

B I L L. No. 108 An Act respecting the Athletics Commission and Professional Contests or Exhibitions TABLE OF CONTENTS ATHLETICS COMMISSION 1

THE LOCAL AUTHORITIES LISTED IN SCHEDULE 1 Initial Guarantors. TEL SECURITY TRUSTEE (LGFA) LIMITED Security Trustee GUARANTEE AND INDEMNITY

BERMUDA BERMUDA IMMIGRATION AND PROTECTION AMENDMENT (NO. 2) ACT : 35

Papua New Guinea Consolidated Legislation

EU LEGISLATION (INFORMATION ACCOMPANYING TRANSFERS OF FUNDS) (JERSEY) REGULATIONS 2017

Act on Discretionary Government Transfers (688/2001) In accordance with the decision of Parliament, the following is enacted:

Sanctions: Commitment to Prison / Disqualification from holding or obtaining a Driving Licence (Scotland)

BERMUDA INVESTMENT BUSINESS ACT : 20

INSTITUTE OF CHARTERED ACCOUNTANTS OF NIGERIA ACT

BARBADOS SUGAR WORKERS (MINIMUM WAGE AND GUARANTEED EMPLOYMENT) CHAPTER 359

INSTITUTE OF CHARTERED ACCOUNTANTS OF NIGERIA ACT

BERMUDA CREDIT UNIONS ACT : 43

CHAPTER 270 THE EMPLOYMENT (SPECIAL PROVISIONS) ACT

CHAPTER 359 FINANCIAL ADMINISTRATION AND AUDIT ARRANGEMENT OF SECTIONS PART I PRELIMINARY SECTION. 1. Short title. 2. Interpretation.

BERMUDA VENDING ACT : 27

LOCAL MANUFACTURES (EXPORT COMPENSATION) ACT

FORM 32 PERFORMANCE BOND UNDER SECTION 85.1 OF THE ACT Construction Act

STAMP DUTIES (FURTHER AMENDMENT) ACT 1990 No. 66

SPECIAL CONDITIONS PART A SPECIFIC CONDITIONS OF CONTRACT

BERMUDA GOOD GOVERNANCE ACT : 35

The Sales on Consignment Act

Namibia Financial Institutions Supervisory Authority Act 3 of 2001 (GG 2529) brought into force on 14 May 2001 by GN 85/2001 (GG 2528)

No. 5 of 1992 VIRGIN ISLANDS DRUG TRAFFICKING OFFENCES ACT, 1992

Legal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 38, No. 76, 28th April, No. 18 of 1999

DOMINICA RECRUITING OF WORKERS ACT. Arrangement of sections

THE CORPORATION OF THE CITY OF NELSON Optical Fibre Service Bylaw No. 3270, 2013

Supplement No. 8 published with Extraordinary Gazette No. 81 dated 24 th October, 2018.

Offences and Penalties and Compounding of certain offences

INDUSTRIAL AND PROVIDENT SOCIETIES (AMENDMENT) ACT 1978 INDUSTRIAL AND PROVIDENT SOCIETIES (AMENDMENT) ACT LONG TITLE

CHARTERED INSTITUTE OF TAXATION OF NIGERIA ACT

BERMUDA BERMUDA FIRE AND RESCUE SERVICE ACT : 76

GENERAL CONDITIONS OF THE CONTRACT (Applicable to purchase orders)

CHAPTER 6:04 DEBTORS ACT ARRANGEMENT OF SECTIONS

BERMUDA LEGISLATURE (APPOINTMENT, ELECTION AND MEMBERSHIP CONTROVERSIES) ACT : 153

BERMUDA MERCHANT SHIPPING (REPATRIATION) REGULATIONS 2013 BR 108 / 2013

Supplement No. 1 published with Gazette No.16 dated 2 August, THE PROLIFERATION FINANCING (PROHIBITION) LAW, 2010 (LAW 23 OF 2010)

BERMUDA LEGAL AID (GENERAL) REGULATIONS 1980 BR 70 / 1980

Casinos and Gambling Houses Act 32 of 1994 (GG 983) brought into force on 2 December 1994 by GN 230/1994 (GG 984) ACT

LIMITED PARTNERSHIP ACT

Transcription:

QUO FA T A F U E R N T BERMUDA CASINO GAMING (CASINO FEES) REGULATIONS 2017 BR 24 / 2017 TABLE OF CONTENTS 1 2 3 4 5 6 7 8 9 10 11 Citation Interpretation Calculation of and deposit for the reimbursement of costs and fees Liability for fees Cost of replacing a lost, stolen or damaged licence Costs of investigation and suitability tests Manner of payment of fees Penalty for non-payment of fees Recovery of Fees Special Allocation of Provisional Licence Issue Fee Casino Licence Issue Fee and Annual Casino Licence Fee SCHEDULE The Minister responsible for gaming, in exercise of the power conferred by section 196 of the Casino Gaming Act 2014, makes the following Regulations: Citation 1 These Regulations may be cited as the Casino Gaming (Casino Fees) Regulations 2017. Interpretation 2 In these Regulations, unless the context otherwise requires Act means the Casino Gaming Act 2014; 1

applicant shall mean the person applying for a licence or approval under the Act, irrespective of whether that person will be the holder or recipient of the licence or approval sought; casino licence means a licence granted under section 38 of the Act; casino tax means the tax payable by a casino operator on the gross gaming revenue pursuant to the Act and in accordance with the Casino Gaming (General Reserve and Casino Taxes) Regulations 2017; Commission means the Bermuda Casino Gaming Commission established under section 6 of the Act; Compliance Committee means the committee established by a casino operator pursuant to section 52A of the Act; investigation means any steps taken by or on behalf the Commission or on the instruction of the Commission and for which the applicant is obligated to reimburse the Commission in accordance with these Regulations; provisional licence means a licence granted pursuant to section 32A of the Act; reimburse means the payment of all costs to the Commission to acquire, produce, accomplish or obtain the relevant information, item or objective, without profit to the Commission, and shall not include the time or labour costs to the Commission. Calculation of and deposit for the reimbursement of costs and fees 3 (1) For the purpose of these Regulations or any regulations where the fee is stated as reimbursement, or where a person is stated as being liable to reimburse the Commission, this regulation shall apply. (2) The Commission may require by written notice, and the applicant (a) (b) shall pay to the Commission, a deposit; or shall deposit such further funds with the Commission, in such sum, currency, within such period, and in such manner, as may be specified by the Commission. (3) The Commission may pay from the deposit all sums incurred in relation to, or required for, the relevant investigation, which may include third party costs and travel and other costs incurred by or on behalf of the Commission. (4) Following the determination of the application, the Commission shall produce a certificate signed by an officer of the Commission stating the total costs relating to the application and such certificate shall, in the absence of manifest error, be final conclusive and binding on the applicant. (5) Where the amount stated in the certificate is higher than the amount paid under paragraph (2) above, the Commission may by written notice require the applicants 2

to reimburse the Commission the excess within such period as may be specified in the notice. (6) Where the amount stated in the certificate is less than the amount paid under paragraph (2) above, the Commission shall return the balance to the applicant without interest as soon as reasonably practicable. (7) In addition to the Certificate, the Commission shall provide to an applicant a general breakdown of the sums deducted from the deposit, as the Commission shall see fit, and subject to the right of the Commission to redact any documents or invoices disclosed. Liability for fees 4 (1) The fees to be charged pursuant to the Act and any regulations made under the Act shall be those set out in the Schedule. (2) Where no fee is set out in the Schedule the applicant shall be liable to reimburse the Commission and regulation 3 above shall apply. Cost of replacing a lost, stolen or damaged licence 5 (1) Upon an application for the replacement of a licence the applicant shall pay the fee as set out in the Schedule. (2) The applicant shall be liable to reimburse the Commission for the costs of any investigation undertaken as a consequence of the replacement of the licence, and regulation 3 above shall apply accordingly. Costs of investigation and suitability tests 6 Unless otherwise stated in the Act or these Regulations, and in addition to any fee payable, where the Commission undertakes any investigations and/or suitability checks pursuant to powers contained in the Act at the request of or on an application by a person, that person shall be liable to reimburse the Commission for the costs of such investigation and/or suitability checks and regulation 3 above shall apply. Manner of payment of fees 7 (1) All fees in the Schedule and all other payments made pursuant to the Act shall be paid by direct transfer in Bermuda Dollars or such other currency as may be specified by the Commission and into such account of the Commission designated in the relevant application form or as may be directed in writing by the Commission. (2) All fees are non-refundable. Penalty for non-payment of fees 8 (1) Subject to paragraph (2), if an applicant fails to comply with the requirement to pay the fees in accordance with these Regulations, and as required under the Act then, without prejudice to any other proceedings that may be taken in respect of such failure, the applicant commits an offence. 3

(2) Notwithstanding paragraph (1), where an applicant has not made payment of any fees payable in accordance with these Regulations and as required by the Act or any regulation, and where the Commission is satisfied that such non-payment is not due to wilful neglect or default, the Commission may accept payment of the sum due together with, or without, a penalty of 10% of the amount due for each month or part month during which the default occurs. (3) Where the Commission accepts payment made under this paragraph no offence under the Act shall have been committed and no disciplinary action shall be taken. (4) A person who commits an offence under this regulation is liable on summary conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment. (5) A person is not guilty of an offence under this regulation if he took all reasonable steps and exercised all due diligence to avoid committing the offence. Recovery of Fees 9 (1) Any fee or any penalty payable under these Regulations may be recovered by the Commission in its own name in a court of summary jurisdiction as a civil debt, irrespective of the amount so payable, and any officer of the Commission may conduct such proceedings. (2) A certificate signed by an officer of the Commission stating the amount of any fees and costs due and unpaid shall in the absence of manifest error be conclusive evidence that the sum stated in the certificate is unpaid and is due to the Commission and any document purporting to be such a certificate shall be deemed to be such a certificate until the contrary is proved. Special Allocation of Provisional Licence Issue Fee 10 Upon receipt of a Provisional Licence Issue Fee the Commission shall ensure that (a) (b) $150,000 is provided to the Problem Gaming Council for the purpose of (i) (ii) (iii) providing training in problem gambling to treatment professionals; providing marketing and community outreach programs to educate relevant stakeholders on treatment and harm mitigation programs; and such other activities as may be specified by the Commission; and $250,000 is provided to educational facilities in Bermuda or other such bodies in Bermuda as the Commission sees fit for the purpose of providing educational and vocational training relating to employment at a Casino or relating to gaming generally. 4

Casino Licence Issue Fee and Annual Casino Licence Fee 11 (1) Upon the granting of a casino licence the owner of an integrated resort on behalf of the casino operator shall be liable to pay to the Commission the Casino Licence Issue Fee, payable upon demand by the Commission, as set out in the Schedule. (2) A casino licence shall not take effect until such time as the Casino Licence Issue Fee payable under paragraph (1) has been paid in full. (3) Upon each 12 month anniversary of the grant of a casino licence the owner of an integrated resort on behalf of the casino operator shall be liable to pay the Annual Casino Licence Fee as set out in the Schedule. (4) The owner of the integrated resort shall be entitled to a deduction from the amount of the Annual Casino Licence Fee calculated in accordance with this regulation. (5) The maximum discount may be up to 100% of the Annual Casino Licence Fee. (6) The deduction from the Annual Casino Licence Fee shall be equal to the casino tax paid by the casino operator in the 12 month period for which the Annual Casino Licence Fee is payable. (7) The Commission shall provide notice in writing to the owner of the integrated resort of the liability to pay the Annual Casino Licence Fee and a certificate stating any applicable deduction, and the owner of the integrated resort shall pay the Annual Casino Licence Fee to the Commission as directed in the notice in writing. (8) A certificate signed by an officer of the Commission stating the amount of any deduction shall in the absence of manifest error be conclusive evidence of the deduction from the Annual Casino Licence Fee, and any document purporting to be such a certificate shall be deemed to be such a certificate until the contrary is proved. 5

SCHEDULE (Regulations 4, 5 & 11 ) All fees set out in the Schedule are in addition to any requirement to reimburse the Commission for the costs of any investigation as may be required pursuant to the Act or any regulations. Description Amount Casino Licence Application Fee $600,000 Provisional Licence Issue Fee $1.4m Casino Licence Issue Fee $1m Annual Casino Licence Fee $1m (less applicable discount) Replacement Licence fee $100 Made this 28th day of March 2017 Acting Minister of Tourism, Transport and Municipalities 6