New South Wales Consolidated Acts

TOTALIZATOR ACT 1997 - SECT 52

52 Appointment of temporary licensee if licence suspended, cancelled, surrendered or revoked

(1) If a licence is suspended, cancelled, surrendered or revoked, the Minister may, if the Minister is satisfied that it is in the public interest to do so, by instrument in writing appoint a person to be the licensee of the totalizator for the purposes of this section.

(2) In appointing a person to be the licensee, the Minister must have regard to the suitability of the person.

(3) The licensee is to be appointed on such terms and conditions as the Minister thinks fit.

(4) The appointment of the licensee may be terminated at any time by the Minister and is in any case terminated--

(a) 90 days after appointment unless in a particular case the appointment is extended by the regulations, or

(b) by the grant of another licence to conduct the totalizator under this Act.

(5) The licensee--

(a) is to be considered to be the holder of a licence granted on the same terms and subject to the same conditions as the suspended, cancelled, surrendered or revoked licence (as in force immediately before the suspension, cancellation, surrender or revocation) with such modifications as the Minister may direct, and

(b) is to assume full control of and responsibility for the business of the former licensee in respect of the totalizator, and

(c) is to conduct or cause to be conducted totalizator operations in accordance with this Act, and

(d) has, in connection with the conduct of those operations, all the functions of the former licensee.

(6) Subject to this section, a licensee appointed under this section may enter into such arrangements as are approved by the Minister with the former licensee, including arrangements relating to the use of assets and services of staff of the former licensee.

(7) The former licensee--

(a) must make available to the licensee on reasonable terms such assets of, or under the control of, the former licensee as are reasonably necessary for arrangements under subsection (6), and

(b) must use his, her or its best endeavours to make available such staff of the former licensee as are reasonably necessary for those arrangements.

: Maximum penalty--100 penalty units.

(8) The regulations may make provision for or with respect to the functions of a licensee appointed under this section.

(9) The following provisions have effect in respect of the net earnings of a totalizator while operations in the totalizator are being conducted by a licensee under this section--

(a) no payment of net earnings is to be made to the former licensee without the prior approval of the Minister,

(b) the former licensee is entitled to a fair rate of return out of net earnings (if any) on any property of the former licensee retained by the licensee (subject to any arrangements made under subsection (6)),

(c) the Minister may in the Minister's discretion direct that all or any part of net earnings (other than that to which the former licensee is entitled under paragraph (b)) is to be paid into the Consolidated Fund, with any balance to be paid to the former licensee.