Cancellation of a special employee's gaming licence for playing keno while on duty — where the breach involved no dishonesty, no capacity to affect game outcomes, and no prior adverse findings — is manifestly excessive and warrants substitution with a lesser penalty such as suspension. The gravity of a breach of gaming licence conditions must be assessed by reference to the actual risk of improbity rather than mere appearance, and the primary purpose of disciplinary action under the Act is protective rather than punitive. A licensee's silence during an investigation, absent a formal requirement to answer questions under s 133(1)(d), cannot be treated as an aggravating factor.
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