New South Wales Consolidated Acts

COMMUNITY GAMING ACT 2018 - SECT 35

35 Court orders

(1) The Local Court or the Supreme Court may, on the application of the Secretary, make an order under this section.

(2) An application for an order must be made not later than 2 years after the gaming activity was conducted.

(3) The Local Court may make an order that a person or body that has conducted, or is conducting, a gaming activity--

(a) pay an amount specified by the Court to a participant in a gaming activity, if the Court is satisfied that the participant is entitled to that amount as a result of participating in the gaming activity, or

(b) pay an amount to a person or body to whom the proceeds of a gaming activity are payable, if the Court is satisfied that the person or body is entitled to that amount as a beneficiary of the gaming activity.

(4) The Supreme Court may make an order that--

(a) a person or body that has conducted, or is conducting, a gaming activity pay an amount or give any other prize specified by the Court to a participant in a gaming activity, if the Court is satisfied that the participant is entitled to that amount or prize as a result of participating in the gaming activity, or

(b) a person or body that has conducted, or is conducting, a gaming activity pay an amount to a person or body to whom the proceeds of a gaming activity are payable, if the Court is satisfied that the person or body is entitled to that amount as a beneficiary of the gaming activity, or

(c) a person or body that has conducted, or is conducting, a gaming activity cease to conduct the gaming activity, if the Court is satisfied that the activity is prohibited under this Act or is being, or is likely to be, conducted in a manner that contravenes this Act, the regulations or the conditions of an authority, or

(d) a person or body that has conducted, or is conducting or proposing to conduct, a gaming activity comply with an authority or give effect to any rule for the conduct of the gaming activity.

(5) The Local Court may not make an order for the payment of an amount to a participant in a gaming activity, or person to whom the proceeds of a gaming activity are payable, that exceeds $100,000.

(6) A person must not fail to comply with an order given to the person under this section.

: Maximum penalty--50 penalty units.

(7) If a body fails to comply with an order under this section, each trustee or other person who was a member of the governing body at the time of the offence is guilty of an offence, if the trustee or person knowingly authorised or permitted the failure to comply.

: Maximum penalty--50 penalty units.