New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 131

131 Disciplinary powers of Authority

(1) The Authority may deal with and determine a complaint that is made to it under this Part.

(2) If the Authority is satisfied that any of the grounds on which the complaint was made apply in relation to the licensee or close associate, the Authority may decide not to take any action or may decide to do any one or more of the following--

(a) order the hotelier or gaming-related licensee to pay, within such time as is specified in the order--

(i) a monetary penalty not exceeding 500 penalty units (in the case of a corporation) or 200 penalty units (in any other case), or

(ii) if circumstances of aggravation exist in relation to the complaint--a monetary penalty not exceeding 1,000 penalty units (in the case of a corporation) or 400 penalty units (in any other case),

(b) order the club to pay, within such time as is specified in the order, a monetary penalty not exceeding 2,500 penalty units or, if circumstances of aggravation exist in relation to the complaint, not exceeding 5,000 penalty units,

(c) if the ground that applies is any of the grounds referred to in section 129 (3) (a), (b), (c), (d) or (f)--

(i) cancel the hotelier's or club's licence under the Liquor Act 2007 or the gaming-related licence, or

(ii) suspend the hotelier's or club's licence under the Liquor Act 2007 or the gaming-related licence for such period as the Authority thinks fit, or

(iii) cancel, suspend or modify any authorisation or approval under this Act for the hotelier or club to keep approved gaming machines, or

(iv) disqualify the hotelier or club from keeping approved gaming machines for such period as the Authority thinks fit,

(d) cancel the gaming-related licensee's licence or suspend the licence for such period as the Authority thinks fit,

(e) impose or vary a condition to which the gaming-related licence is subject,

(f) disqualify the gaming-related licensee from holding a gaming-related licence for such period as the Authority thinks fit,

(g) disqualify the close associate from being a close associate of a licensee for such period as the Authority thinks fit,

(h) disqualify the close associate from holding a gaming-related licence for such period as the Authority thinks fit,

(i) order the licensee to pay the amount of any costs incurred--

(i) by the Secretary in carrying out any investigation or inquiry under section 128 in relation to the licensee or close associate, or

(ii) by the Authority in connection with the taking of disciplinary action against the licensee or close associate under this section,

(j) reprimand the licensee or close associate.

(2A) Any monetary penalty or costs ordered to be paid under subsection (2) are payable to the Secretary.

(3) If the Authority orders a licensee to pay a monetary penalty under this section and the penalty is not paid within the time specified in the order, the Authority may--

(a) cancel the licence, or

(b) suspend the licence until such time as the penalty is paid (or for such other period as the Authority thinks fit).

(4) While a person is disqualified by the Authority under this section from being a close associate of a gaming-related licensee, the person is conclusively presumed for the purposes of this Act to be a person who is not a fit and proper person to be a close associate of a gaming-related licensee.

(5) For the purposes of this section, circumstances of aggravation exist in relation to a complaint if any of the following paragraphs applies--

(a) the complaint alleges that for the reasons specified in the complaint the matter of the complaint is so serious as to warrant the taking of action that is available to the Authority when circumstances of aggravation exist,

(b) the Authority, in finding that the matter of the complaint has been made out, is of the opinion (having regard to such matters as the number and seriousness of the contraventions involved, the number of people involved in the contravention, the seriousness of the outcome of the contravention, or other relevant considerations) that the matter of the complaint is so serious as to warrant the taking of action that is available to the Authority when circumstances of aggravation exist.