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s 41

Commission’s powers in considering applications

In force
Part 4Licences generally

41 Commission’s powers in considering applications

(1)

This section applies if the commission receives an application for a licence or renewal of a licence.

(2)

In deciding whether to issue or renew the licence, the commission may—

(a)

make any inquiries that it considers appropriate; and

(b)

by written notice, ask a relevant person to provide it with—

(i)

any information likely to be relevant to the application that is within the person’s knowledge or ability to obtain; or

(ii)

any document likely to be relevant to the application that is within the person’s custody or control.

(3)

If a person fails to comply with a notice given to the person under subsection (2) (b), the commission is not required to consider the application unless satisfied that the person has a reasonable excuse for the failure and that it is reasonably practicable to consider the application.

Note Under pt 10 (Notification and review of decisions), a decision not to consider an application for a licence may, on application, be reconsidered by the commission and reviewed by the ACAT.

(4)

In this section:

relevant person means—

(a)

for an application for any kind of licence—the applicant; and

(b)

for an application for a race bookmaker’s agent licence or a sports bookmaker’s agent licence—the person nominated in the application; and

(c)

for an application for renewal of a race bookmaking licence—the race bookmaker; and

(d)

for an application for renewal of a race bookmaker’s agent licence—the race bookmaker’s agent.

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