New South Wales Consolidated Acts

PUBLIC LOTTERIES ACT 1996 - SECT 21B

21B Grounds for disciplinary action against licensee

(1) Each of the following grounds constitutes grounds for disciplinary action against a licensee under this Division--

(a) the licensee or any close associate of the licensee is not a suitable person to be concerned in or associated with the management and operation of the business being conducted under the licence,

(b) the licensee has failed to comply with a provision of this Act or the regulations,

(c) the licensee or any close associate of the licensee has been convicted of an offence under a relevant gaming law,

(d) the licensee or any close associate of the licensee has been convicted in the State or elsewhere of an offence in connection with the management or operation of a public lotteries, gaming or wagering business,

(e) the licensee or any close associate of the licensee has been convicted of an offence in the State that is an indictable offence or has been convicted elsewhere than in the State of an offence that, if committed in the State, would be an indictable offence,

(f) the licensee has failed to comply with the rules of a public lottery conducted by the licensee,

(g) the licensee has failed to comply with a condition of the licence or a direction given to the licensee under Division 2 of Part 7,

(h) a significant change in the ownership structure of the licensee (as referred to in section 20) occurs without the consent in writing of the Minister as required by that section,

(i) the licensee has failed to use reasonable endeavours to ensure that the licensee's agents comply with this Act, the regulations and any direction given by the Minister under Division 2 of Part 7,

(j) the licensee has entered into or authorised a dealing with or in respect of securities of, or other instruments issued by, the licensee without the consent in writing of the Minister that, in the opinion of the Minister, affects the control of the licensee,

(k) the licensee has become insolvent or an externally-administered body corporate within the meaning of the Corporations Act 2001 of the Commonwealth,

(l) the licensee has failed to promptly terminate the employment of a person concerned in the management of the licensee who is convicted of an offence involving fraud or dishonesty,

(m) the licence was granted as a result of a material false or misleading representation or declaration.

Note--: Division 2 of Part 7 enables the Minister to give directions to licensees and other persons engaged in the conduct of public lotteries on a licensee's behalf to protect the integrity of public lotteries and to require the termination of arrangements between licensees and agents and the employment of key employees of licensees for a similar purpose.

(2) For the purpose of determining whether the licensee or any close associate of the licensee is a suitable person to be concerned in or associated with the management and operation of the business being conducted under the licence, the Minister is to have regard to the same matters to which the Minister is required to have regard in deciding whether an applicant or close associate of an applicant is a suitable person for that purpose.

(3) In this section--

"relevant gaming law" means any of the following laws--

(a) Unlawful Gambling Act 1998 ,

(b) Community Gaming Act 2018 ,

(c) Gaming Machines Act 2001 ,

(d) Casino Control Act 1992 ,

(e) any other law (including any law of another State or Territory or of another country) that is prescribed by the regulations as a relevant gaming law for the purposes of this definition.