Cause for disciplinary action
36 Cause for disciplinary action
There is proper cause for disciplinary action against a gambling provider if the Commissioner is satisfied that—
the gambling provider improperly obtained a relevant authorisation;
or
the gambling provider is not a fit and proper person to hold the relevant authorisation; or
in the case of a gambling provider holding a relevant authorisation that is a trust or corporate entity—a person who occupies a position of authority in the entity is not a fit and proper person to occupy such a position in an entity holding such an authorisation; or
the gambling provider has contravened or failed to comply with a provision of a gambling Act or a condition of a relevant authorisation;
or
the gambling provider has contravened or failed to comply with a relevant advertising code of practice or a relevant responsible gambling code of practice; or
the gambling provider has been convicted of an offence against a gambling Act; or
the gambling provider has been convicted of an offence punishable by imprisonment; or
operations under a relevant authorisation are improperly conducted;
or
in the case of the holder of a licence under the
Authorised Betting Operations
Act 2000—an event occurs, or circumstances come to light, that show the licensee or a close associate of the licensee to be an unsuitable person to hold the licence; or
in the case of an authorised interstate betting operator under the
Authorised Betting Operations
Act 2000—the authorised interstate betting operator contravenes or fails to comply with a provision of that Act or fails to discharge an obligation under an integrity agreement or contribution agreement (other than where the contravention or failure would constitute a taxation default within the meaning of section 73A of that Act);
or
in the case of the holder of the casino licence—
an event occurs, or circumstances come to light, that show the licensee to be an unsuitable person to hold the licence; or
an event occurs, or circumstances come to light, that show the licensee, a close associate of the licensee or a designated person has engaged in serious misconduct; or
a court or tribunal in this State, the Commonwealth or a State or
Territory of the Commonwealth has imposed a penalty (whether civil or criminal) on the licensee, a close associate of the licensee or a designated person;
or
it would be contrary to the public interest if the gambling provider were to continue to hold a relevant authorisation.
If the Commissioner believes on reasonable grounds that there is proper cause for disciplinary action against a gambling provider, the
Commissioner may do 1 or more of the following:
issue a compliance notice to the gambling provider in accordance with section 37;
issue a default notice to the gambling provider in accordance with section 38;
take disciplinary action against the gambling provider in accordance with section 39.
In determining whether there is proper cause for disciplinary action against a gambling provider under subsection (1), the Commissioner—
may have regard to information provided to the Commissioner by the
Commissioner of Police for that purpose; and
may have regard to such evidence of the conduct (no matter when the conduct is alleged to have occurred) of the gambling provider or persons with whom the gambling provider associates (or has associated at any relevant time) as the Commissioner considers relevant, including information that existed at the time the relevant authorisation was granted, regardless of whether that information was known or could have been made known to the Commissioner at that time.
In this section—
close associate and designated person have the same respective meanings as in the
Casino
Act 1997;
serious misconduct means a contravention of a provision of this Act, the Casino
Act 1997 or a condition of the casino licence by the holder of the casino licence, a close associate of the licensee or a designated person, which in the opinion of the Commissioner—
severely affects the integrity of the casino operations or the integrity of gambling in the casino; or
severely undermines a measure intended to safeguard the community against harm from casino gambling; or
has caused or could cause significant financial gain to a person not legally entitled to it or significant financial loss to a person legally entitled to it; or
has occurred as a result of wilful intent or reckless disregard for regulatory compliance; or
has arisen from or in connection with a systemic failure or multiple failures in the management or operation of the casino.
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