s 4

Meaning of associate and corporate associate

In force

(1)

Subject to subsection (2), each of the following is an associate of a casino operator or an applicant for a casino licence for the purposes of this Act—

(a)

a holding company of the operator or applicant;

(b)

a person who holds a relevant interest of 5% or more in—

(i)

the operator or applicant; or

(ii)

a holding company of the operator or applicant;

(c)

an officer of—

(i)

the operator or applicant; or

(ii)

a holding company of the operator or applicant;

(d)

a person who is or will be able to exercise a significant influence over, or in connection with, the management or operation of the casino business of the operator or applicant, because the person—

(i)

is or will be entitled to receive income derived from the casino business; or

(ii)

is or will have power to participate in a directorial, senior managerial or executive decision; or

(iii)

is or will have power to elect or appoint an officer;

(e)

a person declared by the Commission under subsection (4).

(2)

The regulations may prescribe a person or class of person not to be an associate of a casino operator or an applicant for a casino licence for the purposes of this Act.

(3)

For the purposes of subsection (1)(d), it is irrelevant whether the significant influence is or will be exercisable—

(a)

in the person's own right or on behalf of another person; or

(b)

by the person alone or in association with another person.

(4)

Subject to subsection (5), the Commission, by written notice to a casino operator or an applicant for a casino licence, may declare that a person specified in the notice is an associate of the operator or applicant.

(5)

The Commission may declare a person to be an associate of a casino operator or an applicant for a casino licence under subsection (4) only if the Commission considers that the person has or will have an influence that the Commission considers to be significant over the management, ownership or operation of the casino business of the operator or applicant.

S. 4(6) inserted by No. 40/2025 s. 4(2).

(6)

For the purposes of this Act, an associate of a casino operator or an applicant for a casino licence is a corporate associate if the associate is a company within the meaning of the Corporations Act.

S. 5 amended by No. 37/1994 s. 229(d), repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 2).

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