Australian Capital Territory Numbered Acts

GAMING MACHINE (CLUB GOVERNANCE) AMENDMENT ACT 2011 (NO. 24 OF 2011) - SECT 18

insert

147A     Associated organisation declaration—condition

It is a condition of an associated organisation declaration that the entity declared to be an associated organisation for a club—

        (a)     continually meets each requirement for the declaration; and

Note     For the requirements for the declaration of an entity as an associated organisation for a club—see s 147 (2).

        (b)     continues not to do anything that would, if the commission were considering whether to declare the entity as an associated organisation for a club, cause the commission to refuse to make the declaration; and

        (c)     does not attempt to remove a director (including do anything a purpose of which is to remove a director) from the club's board.

Note 1     The Control Act, s 22 provides that the commission may, for a purpose related to the administration or enforcement of a gaming law, require a person to give or produce to the commission the things mentioned in that section.

Note 2     The Control Act, s 23 provides that an authorised officer may enter and inspect the premises of an associated organisation at any reasonable time to do the things mentioned in that section.

147B     Associated organisation—warning notice

    (1)     If the commission is satisfied on reasonable grounds that an entity declared to be an associated organisation for a club has stopped meeting a requirement for the associated organisation declaration, the commission may give the entity a notice (a warning notice ).

    (2)     A warning notice given to the entity must—

        (a)     state that the commission is not satisfied that the entity is meeting a requirement for the associated organisation declaration; and

        (b)     tell the entity that the entity may, within 3 weeks after the day the entity is given the notice (or a longer period stated in the notice), give a written response to the commission about the notice.

147C     Associated organisation declaration—suspension or repeal

    (1)     This section applies if—

        (a)     an associated organisation has been given a warning notice; and

        (b)     after considering any responses given within the period stated in the warning notice, the commission is satisfied on reasonable grounds that the associated organisation has stopped meeting a requirement for the associated organisation declaration applying to the organisation.

    (2)     The commission may—

        (a)     suspend the declaration; or

        (b)     repeal the declaration.

    (3)     If the commission suspends or repeals the declaration, the suspension or repeal takes effect—

        (a)     when the entity receives written notice of the suspension or repeal; or

        (b)     on a later stated date.

    (4)     If the commission suspends the declaration, the suspension ends—

        (a)     on a date stated in the written notice of the suspension; or

        (b)     when an event stated in the written notice happens.

147D     Club elections—election of board directors

    (1)     This section applies if a club holds an election of directors to the club's board.

    (2)     The club must ensure that at least 25% of the directors are elected by the voting members of the club.