Gaming and Wagering Commission Act 1987

A person, other than a person holding a permit, may, in accordance with subsection (2), apply to the Commission to be licensed under this Division as a licensed supplier.

An application under subsection (1) shall be made in writing, in a form approved by the Commission, specifying —

the address of the place of business within the State at which tickets and records required under this Division to be maintained are to be kept; and

such other particulars as the Commission requires,

In considering an application under subsection (1), the Commission may have regard to the financial circumstances of the applicant and such other matters as the Commission considers relevant and, without limiting the grounds on which an application may be refused, the Commission may refuse an application on the ground that —

the applicant has an interest in a body corporate that holds a licence; or

the applicant is a body corporate and a person having an interest in the body corporate holds a licence or has an interest in another body corporate that holds a licence; or

the applicant or, where the applicant is a body corporate, the body corporate or a person having an interest in the body corporate has previously held a licence, or had an interest in a body corporate that held a licence, which licence was cancelled under this Division.

For the purposes of subsection (3), a person has an interest in a body corporate if the person —

holds office as a director of the body corporate; or

holds any share, or has a beneficial interest in any share, in that body corporate; or

holds any unit in a unit trust scheme of which the body corporate is the trustee; or

has an interest as a beneficiary under a trust of which the body corporate is the trustee; or

may, as the result of the exercise of a power or discretion by the body corporate, benefit under a discretionary trust.

The Commission may issue to a person making an application under subsection (1) a licence in a form approved by the Commission and a licence so issued —

is not transferable and relates only to the person to whom it is issued but extends to the conduct of business by that person in the capacity of a trustee; and

has effect for 5 years, or until it is cancelled or surrendered under this Division.

Where —

the Commission has reason to believe that a licensed supplier has contravened this Division, whether or not the licensed supplier has been convicted of, or proceedings have been instituted against the licensed supplier in respect of, that contravention; or

a licensed supplier ceases to carry on the business by reason of which the licensed supplier was required to be licensed; or

the Commission has reason to believe that the person is no longer a fit and proper person to hold the licence,

For the purposes of subsection (1)(b) a licensed supplier is taken to have ceased to carry on the relevant business if, upon the Commission giving to the licensed supplier notice in writing requiring the licensed supplier to show that the licensed supplier has not ceased to carry on the business, the licensed supplier fails within one month after the notice was given to satisfy the Commission that, in the 3 months before the notice was given, the licensed supplier has, in the ordinary course of business, supplied any tickets for the supply of which a licence is required by this Division.

A licensed supplier may, by notice in writing given to the Commission, surrender the licence held by that person.

Where the licence of a person is cancelled or surrendered under this section, that person shall —

within 14 days after the cancellation or surrender, or such further time as the Commission may approve in writing, lodge with the Commission a return in such form as the Commission requires in writing showing the total face value of all tickets supplied by that person under the licence since the last period in respect of which the person has lodged a return under section 104F and showing such other information as the Commission requires in writing; and

at the time of lodging the return required by paragraph (a) or within such further time as the Commission may approve in writing, pay to the Commission the continuing lotteries levy in respect of all tickets supplied by that person as shown in the return.