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s 92

Meaning of suitability requirements and security guarantee

In force
Part 11Miscellaneous

92 Meaning of suitability requirements and security guarantee

(1)

For this Act, the suitability requirements, for a relevant person, are the requirements that the person—

(a)

has a reputation for sound business conduct; and

(b)

for an individual—has a reputation for sound character; and

(c)

has a satisfactory financial position and financial background; and

(d)

has not, within 5 years before the suitability requirements are applied, been convicted or found guilty of an offence against a gaming law or against a corresponding law prescribed under the regulations; and

(e)

does not owe an amount that has become payable by the person to the commission or the Territory under this Act or another gaming law; and

(f)

has not been convicted or found guilty (in Australia or a foreign country) of an offence punishable by death or imprisonment, other than an offence that does not, having regard to all relevant circumstances (including, for example, the nature of the offence and how long ago the offence was committed), establish reasonable grounds for believing that the person is now of unsound character; and

(g)

has not, at any time, associated, or entered into any business or financial arrangements, with a person who has a reputation for unsound business conduct or unsound character; and

(h)

for an applicant for a sports bookmaking licence—has given an undertaking acceptable to the commission to provide, and has demonstrated to the commission’s satisfaction the ability to provide, a security guarantee on issue of the licence; and

(i)

for a sports bookmaker—has provided a security guarantee; and

(j)

for a corporation—has, or has arranged, a satisfactory ownership, trust or corporate structure; and

(k)

meets the conditions (if any) prescribed under the regulations.

(2)

For subsection (1), each of the following people is a relevant person:

(a)

an applicant for a sports bookmaking licence, and any director or influential shareholder of the applicant;

(b)

a sports bookmaker, and any director or influential shareholder of the sports bookmaker;

(c)

a person nominated in an application for a sports bookmaker’s agent licence;

(d)

a sports bookmaker’s agent.

(3)

A security guarantee, for the suitability requirements applying to a corporation that applies for, or holds, a sports bookmaking licence, means 1 or more documents that satisfy the commission about the corporation’s ability to cover the corporation’s sports bookmaking losses to the amount applying to the corporation under a determination under section 90.

(4)

A security guarantee, for the requirement for the issue to a person of an approval under section 49 (Issue or refusal of approval for sports bookmaking venue) in relation to a designated sports bookmaking venue, means 1 or more documents that satisfy the commission about the person’s ability to cover the person’s race bookmaking losses at the venue to the amount applying to the person under a determination under section 90 in relation to the venue.

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