General functions and powers of manager
22H General functions and powers of manager
Subject to subsection (2), a manager—
is taken to be the holder of a casino licence on the same terms as those on which the casino operator held the licence before its cancellation, suspension or surrender, subject to any modifications that the Commission determines; and
assumes full control of and responsibility for the business of the casino operator in respect of the casino, including—
the managed property; and
the affairs of the casino operator in relation to casino operations; and
has authority to—
conduct casino operations under the licence taken to be held under paragraph (a); and
manage the managed property and the affairs of the casino operator in relation to those casino operations; and
must conduct, or cause to be conducted, casino operations in accordance with this Act; and
has, in connection with the conduct of those operations, all the functions of the casino operator or an officer of the casino operator; and
may employ any staff as required to operate the casino; and
may acquire any property in relation to those casino operations; and
may sell or otherwise dispose of any managed property or after-acquired property; and
may transfer or novate any liabilities of the casino operator in relation to casino operations; and
may borrow money on the security of any managed property or after-acquired property; and
is taken to be the agent of the casino operator in connection with, or for the purpose of dealing with, any managed property and any contracts or other legal rights and liabilities under the control, management or responsibility of the manager under this section.
Nothing in subsection (1) applies in relation to any legal proceeding—
to which the casino operator was a party immediately before the manager's appointment; or
to which the casino operator becomes a party during the manager's appointment that relates to the casino operator's conduct of casino operations before that appointment.
In exercising a power of sale in respect of managed property, the manager must take all reasonable care to sell the property for—
if, when it is sold, it has a market value—not less than the market value; or
otherwise—the best price that is reasonably obtainable, having regard to the circumstances existing when the property is sold.
The proceeds of sale of managed property are to be applied as follows—
first, any amounts necessary to defray any debts of the casino operator to the State are payable;
secondly, amounts approved by the Commission to defray the reasonable expenses incurred by the manager in relation to the sale are payable;
thirdly, any remaining balance is to be paid to the casino operator.
Despite subsection (1)(k), any after-acquired property vests in the manager.
The regulations may make provision for or with respect to the manager's functions.
S. 22I inserted by No. 30/2023 s. 4.
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