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CASINO CONTROL ACT 1982 - SECT 31A
Costs for disciplinary action
31A Costs for disciplinary action
(1) This section applies if any of the following disciplinary action is taken
against a casino entity under section 31 — (a) a letter of censure is issued
to the entity under section 31 (9) (a) (i) or (12) (b) (i) censuring the
entity;
(b) the entity is given a direction under section 31 (9) (a) (ii) or
(12) (b) (ii) ;
(c) an administrator is appointed under section 31 (12) (b)
(iii) ;
(d) the casino licence for the entity is cancelled or suspended under
section 31 (15) ;
(e) the casino lease, or casino management agreement, for
the entity is directed to be suspended or terminated under section 31 (15) ;
(f) a pecuniary penalty is imposed under section 31 (9) (a) (iii) or (12) (b)
(iv) ;
(g) the Governor in Council decides, under section 31 (12) (b) (vi) ,
to appoint a special manager for the entity.
(2) The chief executive may
recover from the casino entity the reasonable costs and expenses incurred by
the department in assisting the Minister or Governor in Council doing any of
the following tasks as a debt payable by the entity to the State— (a)
preparing for and taking the disciplinary action against the entity,
including, for example— (i) investigating whether a ground for the
disciplinary action arose under section 31 (1) ; or
(ii) obtaining legal
advice about a matter relating to the disciplinary action; or
(iii) engaging
a suitably qualified person to advise on a matter relating to the disciplinary
action;
(b) considering responses and submissions made under section 31 as
part of a show cause process;
(c) considering responses and submissions made
about a recommendation of the Minister under section 31 .
(3) Before
recovering the reasonable costs and expenses from a casino entity under
subsection (2) , the chief executive must give the entity a written notice
stating— (a) the amount of the costs and expenses; and
(b) how the amount
was calculated; and
(c) when the amount must be paid to the chief executive.
(4) If the casino entity does not comply with the written notice given to the
entity under subsection (3) within the period required by the notice, the
Minister may recommend to the Governor in Council that— (a) for a notice
given to a casino licensee—the casino licence be suspended or cancelled; or
(b) for a notice given to a lessee under a casino lease—the casino lease be
terminated; or
(c) for a notice given to a casino operator under a casino
management agreement—the agreement be terminated.
(5) However, if the
Minister proposes to make a recommendation about a casino entity under
subsection (4) , the Minister must first give the entity written notice
stating— (a) the proposed recommendation; and
(b) the entity may make a
submission to the Minister as to why the Minister should not make the proposed
recommendation; and
(c) the date by which the entity must make a submission
mentioned in paragraph (b) .
(6) The Minister must consider all submissions
properly made about the proposed recommendation under subsection (5) and
decide to either— (a) take no further action about the recommendation; or
(b) make the recommendation to the Governor in Council.
(7) The Governor in
Council may, after considering the recommendation and all submissions properly
made to the Minister about the recommendation, decide to— (a) take no
further action about the matter; or
(b) take action under section 31 (15) as
if the recommendation made by the Minister were a recommendation about taking
disciplinary action against a casino entity under section 31 .
(8) For taking
the action mentioned in subsection (7) (b) — (a) the casino entity not
complying with the written notice given to the entity under subsection (3) is
taken to be circumstances so extraordinary that it is imperative in the public
interest to take the action; and
(b) section 31 (16) to (22) , (22C) and (23)
applies to taking the action.
(9) However, if the action taken under
section 31 (15) is the suspension of a casino licence, the suspension ends if
the casino entity pays to the chief executive the costs and expenses as stated
in the written notice given to the entity under subsection (3) .
(10) In this
section—
"casino entity" means any of the following— (a) a casino licensee;
(b) a
lessee under a casino lease;
(c) a casino operator under a casino management
agreement.
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