Investigations concerning continued suitability of casino licensee etc.
30 Investigations concerning continued suitability of casino licensee etc.
At any time and from time to time—
after an agreement has been entered into under section 19 and while the agreement, or the casino licence in relation to the agreement, is in force; or
after approval by the Governor in Council of a casino lease or casino management agreement under section 28 and while the casino lease or casino management agreement is in force;
the Minister may cause to be undertaken such investigations as are necessary to satisfy the Governor in Council or Minister or may require the casino licensee, lessee under the casino lease or casino operator under the casino management agreement and all persons whether natural persons or not for the time being associated or connected or to be associated or connected, in the opinion of the Minister, with the ownership, administration or management of the operations or business of the licensee, lessee or operator to satisfy the Governor in Council or Minister that such licensee, lessee or operator and such persons as aforesaid are suitable persons to be associated or connected with the management and operations of a hotel-casino complex or casino having regard to those matters, appropriate to them respectively, specified in section 20 subject, in the case of a lessee or operator and other associated or connected persons as aforesaid in relation to such lessee or operator, to a reference to a hotel-casino complex being read as a reference to a casino in an applicable case and to such other adaptations as are necessary for the purpose of the application of those matters to such lessee or operator and other persons.
Without limiting the matters the Minister may have regard to in undertaking an investigation under subsection (1), the Minister may have regard to any of the following findings or reports—
the findings of an investigation undertaken by a State authority if the findings relate to an entity mentioned in subsection (1) or an associate of the entity;
the findings of an investigation conducted under a law of a State or the Commonwealth if the findings relate to an entity mentioned in subsection (1) or an associate of the entity;
a report prepared by an external adviser;
a report given to the Minister under section 90S.
For subsection (2), an entity is an associate for another entity if the first entity is an associated entity for the second entity under the Corporations Act, section 50AAA.
If, for an investigation about a person under this section, the Minister asks the police commissioner for a written report about the person’s criminal history, the commissioner must give the report to the Minister.
However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.
In this section—State authority means—
a State or the Commonwealth; or
an entity established under a law of a State or the Commonwealth; or
another entity that represents a State or the Commonwealth.
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