Gaming Machine Act 1991

A ground for cancellation or suspension of a gaming machine licence arises if—

the licensee—

ceases to use the licensed premises for the conduct of gaming; or

obtained the licence on false, erroneous or misleading information; or

acquires, installs, locates, relocates or uses any gaming machine on the licensed premises contrary to this Act; or

fails to comply with any provision of part 9; or

fails to comply with any condition to which the licence is subject under section 73; or

fails to forward or lodge an affidavit in accordance with section 92(2); or

fails to take all reasonable steps to establish and maintain satisfactory controls, and administrative and accounting procedures, for the conduct of gaming in carrying on the licensee’s operations; or

the licensee or an associate of the licensee—

is convicted of an offence against this Act; or

fails to discharge the licensee’s or associate’s financial commitments, becomes bankrupt or compounds with creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or

is affected by control action under the Corporations Act; or

is convicted of an indictable offence punishable by imprisonment for 1 year or more (irrespective of whether the offence is also punishable by a fine in addition, or as an alternative, to imprisonment); or

is required to comply with any written direction given to the licensee or associate by the commissioner, and fails to comply with the direction; or

is required under this Act to supply information or material to the commissioner or an inspector, and fails to supply the information or material or supplies information or material that to the knowledge of the licensee or associate is false, erroneous or misleading in a material particular; or

contravenes a provision of this Act (not being a provision a contravention of which is an offence against this Act, or a provision imposing a requirement of a kind mentioned in subparagraph (v) or (vi)); or

the commissioner—

considers that the licensee has not made all reasonable efforts to comply with section 261A(1); or

considers that the licensee has contravened section 80B or 109C; or

considers that the licensee has not made all reasonable efforts to enforce rules required to be enforced under section 237; or

considers that the licensee or an associate of the licensee is not a fit and proper person in respect of financial stability, general reputation, character or business reputation to be a licensee or to be an associate of the licensee; or

becomes aware of any information or matter that, had it been known when the application for the licence was being considered, the commissioner is of the opinion that the licence would have been refused; or

if the licensee is a category 2 licensee—considers—

that the licensee has ceased to be a non-proprietary club; or

that the proceeds from the conduct of gaming are being applied in a way that does not promote the objectives of the licensee; or

that the licensee has not been pursuing its objects or purposes in good faith; or

that payments made under the licensee’s objects are not in the best interests of the licensee’s members; or

that payments made for things purchased by the licensee are unreasonable; or

that salaries, wages, allowances or benefits paid or payable by the licensee to the licensee’s executive officers or employees are unreasonable; or

that payments for services provided to the licensee are unreasonable or are on the basis of a percentage of the licensee’s income, profits or earnings from the conduct of gaming or spending related to the conduct of gaming; or

that a matter mentioned in a paragraph of section 58(6) (other than paragraph (a)) exists in relation to the licensee.

If the commissioner is of the opinion that any act, omission or other thing that constitutes a ground under subsection (1) is of such a serious nature that the integrity of gaming or the conduct of gaming may be jeopardised or the public interest may be adversely affected, the commissioner must issue to the licensee a written notice to show cause why action should not be taken with respect to the gaming machine licence under this section.

The commissioner must give a copy of the notice to show cause to each person the commissioner believes is an interested person of the licensee.

Also, the commissioner may, by the notice to show cause—

require the licensee, within the period stated in the notice, to give a copy of the notice to each interested person of the licensee (other than an interested person to whom a copy of the notice is given under subsection (3)); and

if the commissioner considers it appropriate—require the licensee to give the copy in the way the commissioner considers appropriate.

The notice to show cause is to set out the grounds giving rise to its issue and is to specify a date, being not earlier than 21 days after such issue, on or before which cause is required to be shown.

The notice to show cause is to be in such form and contain such matters as the commissioner thinks fit, subject to this section.

If the commissioner makes a requirement of the licensee under subsection (4)(a) about an indirectly interested person of the licensee, the commissioner may, at the licensee’s request, by written notice given to the licensee, designate the person to be an excluded interested person for the licensee.

However, the commissioner may designate a person to be an excluded interested person for the licensee only if the commissioner considers it would not be appropriate, or would be unreasonable, in the circumstances to require the licensee to give a copy of the notice to show cause to the person, having regard to the following issues—

the nature of the person’s interest;

the likelihood of the person’s interest not being affected adversely by a suspension or cancellation of the gaming machine licence;

the likelihood of the licensee’s interest being improperly prejudiced;

another issue the commissioner considers relevant.

If a requirement is made of the licensee under subsection (4), the licensee must comply with the requirement, unless—

the licensee has a reasonable excuse; or

the interested person to whom the requirement relates is an excluded interested person for the licensee.

Each person to whom the notice to show cause is issued may give a written answer to the commissioner at any time not later than the date specified in the notice in that respect.

Any person to whom a copy of the notice to show cause is given, or is required to be given, under this section may make such written submissions to the commissioner as the person thinks fit at any time not later than the date specified under subsection (5).

The commissioner is to consider any answers given in reply to the notice to show cause and any submissions made under subsection (11) and, if the commissioner considers that—

satisfactory answers are given or submissions made in reply to or in respect of the notice, the commissioner is not to take any action or any further action in relation to the notice and, by written notice, is to advise the licensee accordingly; or

answers given or submissions made in reply to or in respect of the notice are not satisfactory but action to cancel or suspend the gaming machine licence is not warranted, the commissioner may issue a letter of censure to the licensee, censuring the licensee in respect of any matter connected with or giving rise to the notice to show cause; or

answers given or submissions made in reply to or in respect of the notice are not satisfactory and further action is warranted or if no answers are given and no submissions are made, the commissioner may—

by written notice give such directions to the licensee as the commissioner considers appropriate to ensure that any matter connected with or giving rise to the issue of the notice is rectified within the time specified in the notice; or

either—

cancel the gaming machine licence; or

suspend the gaming machine licence for the period the commissioner considers appropriate.

If a direction given by the commissioner under subsection (12)(c)(i) is not complied with within the time specified in the notice, the commissioner may—

cancel the gaming machine licence; or

suspend the gaming machine licence for the period the commissioner considers appropriate.

If the commissioner is of the opinion that any act, omission or other thing that constitutes a ground under subsection (1) is not of such a serious nature that the integrity of gaming or the conduct of gaming may be jeopardised or the public interest may be adversely affected, the commissioner may by letter censure the licensee in respect of any matter connected with or giving rise to the ground.

If the commissioner cancels or suspends a licence, the commissioner must immediately give the licensee an information notice for the decision to cancel or suspend the licence.

The cancellation or suspension of a licence under this section takes effect from the date of the issue of the notice under subsection (15) or from another date specified in the notice.

Upon receipt of a notice of cancellation under subsection (15), the person to whom the notice is addressed must cause the licence to be delivered to the commissioner within 14 days.Maximum penalty—40 penalty units.

If the commissioner suspends a gaming machine licence under subsection (12)(c)(ii) or (13), the commissioner may—

cancel the suspension in respect of the unexpired period of suspension; or

reduce the period of suspension.

In the application of subsection (1)(c)(v)(H) to a category 2 licensee, a reference in a paragraph of section 58(4) to a club that is an applicant for a gaming machine licence is taken to be a reference to the licensee.

In this section—directly interested person, for a licensee, means—

an approved financier with whom the licensee has entered into an agreement or arrangement relating to operations conducted by the licensee under the licensee’s gaming machine licence; or

a secured creditor of the licensee; or

for a category 2 licensee—a member of the licensee; or

for a category 2 licensee who transfers entitlements on a temporary basis under part 3B, division 3—the licensee to whom the entitlements are transferred; or

for a category 2 licensee to whom entitlements are transferred on a temporary basis under part 3B, division 3—the licensee who transfers the entitlements.