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GAMBLING LEGISLATION AMENDMENT ACT 2004 No. 21 - SECT 17

17 Insertion of new pt 11, div 4

Part 11, after section 133--

insert--

'In this division--

"commencement" means the day this division commences.

"pre-amended Act" means this Act as in force before the commencement of the Gambling Legislation Amendment Act 2004, part 2.

'(1) This section applies if--

(a) under the pre-amended Act, section 44A or 44G, the chief executive has given a show cause notice to the holder of a casino key employee licence or a casino employee licence; and
(b) the show cause notice has not been finally dealt with before the commencement.

'(2) For dealing with the show cause notice, the pre-amended Act continues to apply as if the Gambling Legislation Amendment Act 2004, part 2, had not commenced.

'(3) Subsection (4) applies if, under the pre-amended Act, a person could appeal to the gaming commission against a decision of the chief executive relating to the show cause notice.

'(4) The person may appeal, and the gaming commission may hear and decide the appeal, under the pre-amended Act.

'(1) This section applies if the chief executive--

(a) has suspended a casino key employee licence or a casino employee licence under the pre-amended Act, section 44G; and
(b) has not given the holder of the licence a show cause notice as required under that section before the commencement.

'(2) The chief executive must, within 7 days after suspending the licence, give the holder of the licence a show cause notice under the pre-amended Act, section 44A.

'(3) The suspension of the licence continues until the show cause notice is finally dealt with.

'(4) For giving and dealing with the show cause notice, the pre-amended Act continues to apply as if the Gambling Legislation Amendment Act 2004, part 2, had not commenced.

'(5) Subsection (6) applies if, under the pre-amended Act, a person could appeal to the gaming commission against a decision of the chief executive relating to the show cause notice.

'(6) The person may appeal, and the gaming commission may hear and decide the appeal, under the pre-amended Act.

'(1) Subsection (2) applies to a direction to rectify a matter given to a casino key employee or a casino employee under the pre-amended Act, section 44E, if--

(a) the chief executive gave the direction to the employee after considering, under the pre-amended Act, the accepted representations for a show cause notice; and
(b) before the commencement--
(i) the period for rectifying the matter under that Act has not ended; or
(ii) the period for rectifying the matter under that Act has ended and action has not been taken under section 44F of that Act in relation to a failure to comply with the direction.

'(2) A failure to comply with the direction may be dealt with under the pre-amended Act as if the Gambling Legislation Amendment Act 2004, part 2, had not commenced.

'(3) Subsection (4) applies to a direction to rectify a matter given to a casino key employee or a casino employee under the pre-amended Act, section 44E, if--

(a) the chief executive gave the direction to the employee without a show cause notice; and
(b) before the commencement--
(i) the period for rectifying the matter under that Act has not ended; or
(ii) the period for rectifying the matter under that Act has ended and action has not been taken under that Act in relation to a failure to comply with the direction.

'(4) A failure to comply with the direction is taken to be a contravention of a provision of this Act, other than a provision a contravention of which is an offence against this Act.

'(1) Subsection (2) applies if--

(a) a person has appealed to the gaming commission against a decision of the chief executive under a repealed provision; and
(b) the appeal has not been decided before the commencement.

'(2) The gaming commission may hear, or continue to hear, and decide the appeal under the pre-amended Act.

'(3) Subsection (4) applies if--

(a) immediately before the commencement a person could have appealed to the gaming commission against a decision of the chief executive under a repealed provision; and
(b) the person has not appealed before the commencement.

'(4) The person may appeal, and the gaming commission may hear and decide the appeal, under the pre-amended Act.

'(5) In this section--

"repealed provision" means the pre-amended Act, section 44D or 44F.

'(1) This section applies to a direction given under section 92(2) that--

(a) is in force immediately before the commencement; and
(b) was given to a person in relation to a ground stated in the pre-amended Act, section 92(3)(b)(ii).

'(2) Despite section 96(1), the direction remains in force for 5 years after the commencement unless it is earlier revoked under that subsection.'.



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