Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts“24 Commission may take disciplinary action against licensee
“(1) If the commission is satisfied that grounds for disciplinary action exist in relation to a gaming machine licence, the commission may take any of the following disciplinary actions that it thinks appropriate:
(a) issue a censure;
(b) impose conditions on, or vary the conditions of, the licence;
(c) impose a monetary penalty not exceeding $10,000;
(d) suspend the licence for a specified period or until a specified condition is fulfilled;
(e) suspend the licence indefinitely;
(f) cancel the licence.
“(2) In this Act—
“(3) A censure may include a direction that requires the gaming machine licensee, within a specified time—
(a) to cease contravening a provision of this Act or condition of the licence; or
(b) to rectify a matter that contributes to the grounds of disciplinary action.
“(4) A licence has no effect for the purposes of section 5 while it is suspended but the suspension does not affect its operation for any other purpose.
“(5) A monetary penalty imposed under this section may be recovered as a debt due to the Territory.
“24A Grounds for disciplinary action
In this Act, grounds for disciplinary action exist in relation to a gaming machine licence if—
(a) information given to the commission by the licensee at any time was false, incomplete or otherwise misleading; or
(b) the licensee or an agent or employee of the licensee contravenes a provision of this Act or a condition of the licence; or
(c) the licensee or, in the case of a club, a relevant influential person is or becomes an unsuitable person; or
(d) in the case of a licence issued in relation to the premises of a club—
(i) the club has been or is about to be wound up; or
(ii) the club has not operated for a period of 3 months or for a longer period allowed by the commission; or
(iii) the club has ceased to be an eligible club; or
(e) in the case of a licence issued in respect of premises to which an on licence applies—the premises have ceased to be used by persons primarily for the consumption of liquor.
“24B Procedure for disciplinary action
“(1) Subject to this section, the commission must not take disciplinary action against a licensee unless the commission has given the licensee—
(a) 21 days notice that the action is contemplated, and the grounds for it; and
(b) a reasonable opportunity to show cause why the proposed action should not be taken.
“(2) If a direction given in a censure is not complied with in the specified time, the commission may take further disciplinary action without complying with subsection (1).
“(3) A member of the commission who has participated in a decision to issue a censure is not prevented by that reason alone from participating in a decision on whether further disciplinary action should be taken under subsection (2).
“(4) The commission may reduce the severity of a disciplinary action by sending a written notice to the licensee.
“(5) A disciplinary action or an action under subsection (4) takes effect when written notice of the action is received by the licensee, or on a later date specified in the notice.”.