New South Wales Consolidated Acts

TOTALIZATOR ACT 1997 - SECT 47

47 Disciplinary action against licensee

(1) In this Division--

"disciplinary action" means any one or more of the following actions in relation to a licence--

(a) the cancellation or suspension of the licence,

(b) the imposition on the licensee of a monetary penalty of up to $100,000 in the case of a racing club or $1,000,000 in any other case,

(c) the amendment of the conditions of the licence by the Minister (other than under section 44),

(d) the issue of a letter of censure by the Minister to the licensee.

"grounds for disciplinary action" means any one or more of the following grounds in respect of a licence--

(a) that the licence was improperly obtained in that, at the time the licence was granted, there were grounds for declining to grant it,

(b) that the licensee has contravened a provision of this Act, the regulations, the rules, a condition of the licence or a direction given under Division 2 of Part 5,

(c) that the licensee, a subsidiary of the licensee or a related body corporate of the licensee is in contravention of section 20 (Licensee not to be associated with casino and other activities),

(d) that the licensee has failed to use reasonable endeavours to ensure that the contractors of the licensee do not contravene a provision of this Act, the regulations, the rules, a condition of the licence or a direction given under Division 2 of Part 5,

(e) that the licensee becomes an externally administered corporation within the meaning of the Corporations Act 2001 of the Commonwealth,

(f) that the licensee is, for specified reasons, considered to be no longer a suitable person to give effect to the licence and this Act,

(g) that for specified reasons, it is considered to be no longer in the public interest that the licence should remain in force.

(2) The Minister may serve on the licensee a notice in writing affording the licensee an opportunity to show cause within 14 days (or such longer period as the Minister may specify in the notice) why disciplinary action should not be taken against the licensee on grounds for disciplinary action specified in the notice.

(3) The licensee may, within the period allowed by the notice, arrange with the Minister for the making of submissions to the Minister as to why disciplinary action should not be taken and the Minister is to consider any submissions so made.

(4) The Minister may then decide that it is appropriate that certain disciplinary action be taken against the licensee and may either--

(a) take that disciplinary action by giving written notice of the action to the licensee, or

(b) as an alternative to taking that disciplinary action, take action under section 48.

(5) Disciplinary action may be taken against a person whether or not the person has been prosecuted, convicted or penalised for any contravention that is the grounds for the action.

(6) Disciplinary action takes effect when notice of it is given or on a later date specified in the notice.

(7) The fact that disciplinary action is taken by the Minister under this section does not prevent the Minister from taking the same or other disciplinary action under this section if the contravention continues or a fresh contravention occurs.

(8) A monetary penalty imposed under this section may be recovered as a debt due to the Crown in a court of competent jurisdiction.