Gaming Machine Regulation 2002

This section prescribes, for section 248(4)(b) of the Act, the way the commissioner must deal with a request, made by a claimant under section 248(2) of the Act, to review a review decision of an involved licensed monitoring operator.

The commissioner must either review, or refuse to review, the review decision.

The commissioner may refuse to review the review decision only if—

the request was not made within the time stated in section 23(1)(a); or

the commissioner considers the request was not made in good faith or is frivolous.

If the commissioner decides to refuse to review the review decision, the commissioner must—

give written notice of the commissioner’s decision to the involved licensed monitoring operator and claimant; and

give the claimant a written notice stating the reasons for the commissioner’s decision.

If the commissioner decides to review the review decision, the commissioner must—

give the involved licensed monitoring operator a copy of the claimant’s request; and

by written notice given to the involved licensed monitoring operator invite the involved licensed monitoring operator to make a written submission to the commissioner about the involved licensed monitoring operator’s decision within 1 month after receiving the notice (the submission period).

The commissioner may—

cause an investigation to be made about any matter the commissioner considers is relevant to the review; and

ask for a report of the investigation to be given to the commissioner.

As soon as practicable after the end of the submission period, the commissioner must—

consider all written submissions made before the end of the submission period by the involved licensee and claimant; and

consider a report given to the commissioner under subsection (6)(b); and

make a decision about the review; and

give a written notice stating the decision and the reasons for the decision to—

the licensee of the licensed premises where the relevant payout refusal decision was made; and

the involved licensed monitoring operator; and

the claimant.