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Bergin Report Finds Crown Unsuitable to Hold Casino License in NSW

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Crown Resorts’ new $2.2 billion gambling mecca at Barangaroo may never open its doors after an independent inquiry found that the James Packer-backed group is unfit to hold a casino licence in NSW.

Former Supreme Court judge Patricia Bergin said in her 750-page final report released on Tuesday afternoon following an 18-month probe into the company that Crown needed a management overhaul if it ever wanted to hold a casino licence, and that the state’s gambling regulator should reconsider Mr Packer’s involvement.

Commissioner Bergin said an examination of a 2019 investigation by The Sydney Morning Herald, The Age and 60 Minutes into Crown that sparked the inquiry confirmed Crown had “facilitated money laundering” through its bank accounts; “disregarded the welfare” of its staff in China before 19 were arrested there in 2016, and went into business with high-roller junket tour groups linked to Triad and other organised crime groups.

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This made Crown unsuitable to hold a casino licence with its core problem being “poor corporate governance, deficient risk management structures and processes and a poor corporate culture.”

“One of the difficulties for Crown was its unjustified belief in itself and its unwillingness to entertain the prospect that there was any force in any of the [allegations raised in the media],” Commissioner Bergin wrote.

The findings will add pressure on governments in Victoria and WA to act on Crown’s casinos in Melbourne and Perth, where the behaviour that rendered it unsuitable occurred. The recommendations are not binding, and the NSW Independent Liquor & Gaming Authority will meet later this month to consider which, if any, it should implement.

Commissioner Bergin said it was obvious that Crown’s 36% shareholder James Packer exercised the “real power” at the company which had “disastrous consequences for the company.”

She said ILGA should consider his approval as a “close associate” of Crown in light of the explosive revelation that he sent a threatening email to a Melbourne businessman in 2015. Mr Packer said his behaviour was a result of his bipolar disorder.

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Commissioner Bergin recommended NSW put an ownership cap in place so any investor will need the NSW regulator’s approval to buy or own more than 10% of a casino operator, opening up the possibility of it ordering Mr Packer to sell down his stake in the company.

Commissioner Bergin said Crown’s reformation to become suitable would also require a “full and wide-ranging forensic audit of all of their accounts to ensure that the criminal elements that infiltrated [two bank accounts linked to Crown] have not infiltrated any other accounts.”

The report calls on NSW to establish the Independent Casino Commission, a “dedicated, stand-alone, specialist casino regulator with the necessary framework to meet the extant and emerging risks for gaming and casinos.”

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Australia

Nerida O’Loughlin Reappointed as ACMA Chair

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The Governor-General, His Excellency General the Honourable David Hurley AC DSC (Rtd), has accepted the Albanese Government’s recommendation that Ms Nerida O’Loughlin PSM be reappointed as Chair of the Australian Communications and Media Authority (ACMA).

Ms O’Loughlin has been reappointed for a three-year term, commencing on 14 October 2024, having first been appointed in 2017 and reappointed in 2022.

The Chair has extensive executive and regulatory experience, and is well respected across the sector. Her reappointment provides continuity as the ACMA works to deliver important outcomes for consumers and industry in the communications and media sectors, and implement reforms being undertaken by Government.

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In her current term, Ms O’Loughlin has led the ACMA’s work to strengthen telecommunications consumer safeguards, particularly for vulnerable Australians, overseen the establishment of BetStop – the National Self-Exclusion Register and Australia’s first SMS ID Registry – and taken strong enforcement of anti-scam and illegal gambling rules.

Ms O’Loughlin has also led important work on media diversity, misinformation and disinformation on digital platforms, and supported improved digital connectivity through the allocation of valuable radiocommunications spectrum.

Quotes attributable to Minister for Communications, the Hon Michelle Rowland MP:

“I congratulate Ms Nerida O’Loughlin PSM on her reappointment as Chair of the Australian Communications and Media Authority.

“Since her appointment in 2017, Ms O’Loughlin has led the ACMA to deliver important reforms and regulatory activities in the communications and media industries.

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“This includes better supporting consumers facing financial hardship pressures in paying their telecommunications bills, mitigating consumer harms in gambling advertising, enforcing anti-scam rules and taking enforcement action against corporations for non-compliance with Australia’s spam unsubscribe rules.

“The Chair’s continuity will provide the Authority ongoing certainty as the Albanese Government continues its important media and digital platforms reform agenda.

“I look forward to continue working with Ms O’Loughlin as the ACMA Chair.”

The post Nerida O’Loughlin Reappointed as ACMA Chair appeared first on European Gaming Industry News.

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Crown Reinstated at Sydney Casino

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The NSW Independent Casino Commission has found Crown Sydney suitable to retain its casino licence after nearly three years of intensive remediation.

Chief Commissioner, Philip Crawford, said Crown has come a long way and must now demonstrate its long-term commitment to maintaining suitability.

“The NICC is confident the Crown we deemed suitable today has a strong model to keep operating into the future,” Mr Crawford said.

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The NICC’s suitability assessment established that Crown Sydney has fundamentally reformed its business and is operating the casino within the objects of the Act, the requirements of the suitability deed, and in compliance with its regulatory obligations.

In addition to proving it can run the casino lawfully, Crown has remediated its business in other meaningful ways such as building a culture of transparency and accountability across its integrated resort.

“Hard work and transformation aside, the NICC has not forgotten the level of misconduct exposed in 2021 when Crown was found unsuitable,” said Mr Crawford.

“Crown Sydney has ongoing work to reach steady state and it must continue to lift standards and maintain its cultural transformation.

“There is and will always be room for improvement, but Crown is a changed business that is looking toward the future.

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“Likewise, the NICC is a changed regulator with enhanced powers, a singular focus on casinos, and a mandate to address the risks of harm.

“This decision is a positive outcome for Crown Sydney, its staff, and the community – who can be sure the NICC will use all of its powers to keep the casino in check.”

In addition to the implementation of hundreds of new internal controls, the Bergin-based reforms have been reflected in a new licence and new regulatory agreement between Crown Sydney, the NSW Government and the NICC.

These agreements include updated settings, such as the removal of fetters to the NICC’s powers, as well as previous compensation trigger clauses that are no longer part of the casino legislation.

Mr Crawford said: “Crown cannot disregard the responsibility and privilege that comes with holding a casino licence. Crown Sydney’s ability to provide a destination hospitality and entertainment venue underpinned by the restricted gaming facility is contingent on its steadfast commitment to continuing suitability, accountability and compliance.”

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ACMA Reveals Illegal Gambling Crackdown Results

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The Australian Communications and Media Authority (ACMA) revealed the outcome of a crackdown on illegal online gambling services operating around the time of the 2023 FIFA Women’s World Cup.

The report published shows that 200 offshore services were reviewed in the lead-up to and during the event. Of those services, 21 were investigated as they appeared to be directly targeting Australians. As a result, 18 services were found to be operating in breach of the Interactive Gambling Act 2001.

Following notification of the ACMA’s findings, three of those services withdrew from the Australian market, while the remaining 15 services had their websites blocked by internet service providers at the request of the ACMA.

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ACMA authority member and online gambling lead Carolyn Lidgerwood said the sites were unlicensed to provide wagering services in Australia and in some cases also offered interactive gambling services such as online casinos and slots or online in-play betting, which are all banned in Australia.

“Illegal gambling operations often take advantage of high-profile sporting events to push their services onto fans. These sites also offer none of the consumer protections that apply to licensed wagering services in Australia. Using these sites is more than a gamble as you have no rights and even if you win, you may never see the money,” Ms Lidgerwood said.

Since 2019, the ACMA has been asking internet service providers to block gambling websites found to be operating in breach of Australian interactive gambling laws. Over that time, more than 900 illegal gambling and affiliate websites have been blocked.

More than 220 illegal services have also pulled out of the Australian market since the ACMA started enforcing illegal offshore gambling rules.

Minimising gambling harm is a current ACMA compliance priority and Australians can check on the ACMA’s online register to see if a wagering service is licensed to operate in Australia.

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More information about online gambling is available on the ACMA’s website, including information on how to protect yourself from illegal gambling operators and instructions on how to make a complaint about an illegal site.

The post ACMA Reveals Illegal Gambling Crackdown Results appeared first on European Gaming Industry News.

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