TAB (Disposal) Act 2019

In this section —

means a direction to a wagering licensee under this Part; and

includes a direction to a former wagering licensee under section 10P;

that the wagering licensee has contravened any of the following —

a provision of this Act or the Gaming and Wagering Commission Act 1987;

the regulations;

rules of betting;

a condition of the wagering licence;

a direction;

the rules or arrangements referred to in section 10S(2);

that the wagering licensee has failed to use reasonable endeavours to ensure that an officer, employee, agent or contractor of the wagering licensee does not contravene any of the following —

a provision of this Act or the Gaming and Wagering Commission Act 1987;

the regulations;

rules of betting;

a condition of the wagering licence;

a wagering licence agreement;

a direction;

the rules or arrangements referred to in section 10S(2);

that an associate of the wagering licensee, if an individual, has been convicted of an offence involving fraud or dishonesty the statutory penalty for which is imprisonment for more than 6 months or a fine of $100 000 or more;

that the wagering licensee has become an externally administered corporation within the meaning of the Corporations Act 2001 (Commonwealth);

that the wagering licensee is not, or is no longer, a suitable person or body to conduct the activities authorised by the wagering licence;

that the wagering licensee has failed to discharge the licensee’s financial obligations to a person betting with the licensee.

The Commission may give a wagering licensee a notice specifying the grounds on which the Commission considers disciplinary action should be taken in relation to the licensee’s wagering licence.

The wagering licensee may, within 28 days after the notice is given, make submissions to the Commission as to why disciplinary action should not be taken.

After considering any submissions made under subsection (3), the Commission may —

take either or both of the following actions —

give a letter of censure to the wagering licensee;

require the wagering licensee to pay a monetary penalty of up to $1 000 000;

make a written report to the Minister recommending that the Minister take action under section 10L against the licensee.

A letter of censure under subsection (4)(a)(i) may —

censure the wagering licensee in respect of any matter connected with the management or operation of its wagering business; and

include a direction to the wagering licensee to rectify within a specified time any matter giving rise to the letter of censure.

If a direction given under subsection (5)(b) is not complied with in the specified time, the Commission may —

require the wagering licensee to pay a monetary penalty of up to $1 000 000; or

make a written report to the Minister recommending that the Minister take action against the licensee under section 10L.

The Commission may require the wagering licensee to pay a monetary penalty under subsection (6)(a) whether or not the Commission has already required the licensee to pay a monetary penalty under subsection (4)(a)(ii) in relation to the same matter.

A monetary penalty imposed under this section may be recovered as a debt due to the State in a court of competent jurisdiction.

A report under subsection (4)(b) or (6)(b) must include the reasons for the findings and recommendations contained in it.

This section, other than subsection (4)(b) and (6)(b), applies with any necessary modifications to a former wagering licensee in respect of grounds for disciplinary action arising in relation to the licensee’s former wagering licence.