Sham contests, inquiries into
48A Sham contests, inquiries into
If the Commission is of the opinion (whether or not as a result of a report made by the referee of the contest) that a contest is a sham contest the Commission shall inquire into the promotion, arrangement and conduct of the contest.
If after its inquiry the Commission is satisfied on the balance of probabilities that a contest is a sham contest, it —
may order any person who is legally required to pay money or money’s worth to a contestant for participating in the contest not to pay the contestant without the written consent of the Commission; and
may order that an amount of money not more than the money or money’s worth (if any) paid or payable to a contestant or industry participant who, in the opinion of the Commission, has participated in, or been involved in any capacity in conducting, the contest be paid to the Commission.
Nothing in subsection (2) prevents a person from being prosecuted for an offence under section 47 or prevents proceedings being taken under section 23 or 33A.
A person given an order made under subsection (2)(a) must obey it.
Penalty: a fine of $12 000.
If the Commission makes an order under subsection (2)(b), the Commission may recover the amount ordered to be paid to the Commission in a court of competent jurisdiction as a debt due to the Commission.
[Section 48A inserted: No. 44 of 2011 s. 48.]
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