Queensland Numbered Acts

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GAMBLING LEGISLATION AMENDMENT ACT 2004 No. 21 - SECT 5

5 Replacement of pt 4, div 5 (Suspension and cancellation of casino key employee and casino employee licences)

Part 4, division 5--

omit, insert--

'(1) Each of the following is a ground for suspending or cancelling a casino key employee licence or a casino employee licence--

(a) the holder of the licence--
(i) is not a suitable person to hold the licence; or
(ii) acts in a way that is inappropriate for casino operations; or
(iii) contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or
(iv) contravenes a condition of the licence;
(b) the holder of the licence has a conviction, other than a spent conviction, for--
(i) an offence against this Act or a gaming Act; or
(ii) an indictable offence;
(c) the licence was issued because of a materially false or misleading representation or document.

'(2) For forming a belief that the ground mentioned in subsection (1)(a)(i) exists, the chief executive may have regard to the same matters the chief executive may make an assessment of under section 37(1)(c)1 in considering an application for a casino key employee licence or a casino employee licence.

'(3) For subsection (1)(a)(ii), the holder of a licence acts in a way that is inappropriate for casino operations if the holder does, or omits to do, an act that results in--

(a) the operation of the casino at which the holder is employed not being conducted under the system of internal controls and administrative and accounting procedures approved by the chief executive under section 752 for the casino; and
(b) the integrity of the operations of the casino being jeopardised.

'(4) In this section--

"spent conviction" means a conviction--

(a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and
(b) that is not revived as prescribed by section 113 of that Act.

'(1) If the chief executive believes a ground exists to suspend or cancel a casino key employee licence or a casino employee licence, the chief executive must before taking action to suspend or cancel the licence give the holder of the licence a written notice (a "show cause notice").

'(2) The show cause notice must state the following--

(a) the action the chief executive proposes taking under this subdivision (the "proposed action");
(b) the grounds for the proposed action;
(c) an outline of the facts and circumstances forming the basis for the grounds;
(d) if the proposed action is suspension of the licence--the proposed suspension period;
(e) that the holder of the licence may, within a stated period (the "show cause period"), make written representations to the chief executive to show why the proposed action should not be taken.

'(3) The show cause period must end at least 21 days after the holder of the licence is given the show cause notice.

'(4) Subsection (5) applies if the chief executive believes--

(a) the holder of the licence is an employee of a casino operator; and
(b) the existence of the grounds for the proposed action is likely to adversely affect the conduct of the operations of the casino.

'(5) The chief executive must immediately give a copy of the show cause notice to the casino operator.

'(6) The casino operator may make written representations about the show cause notice to the chief executive in the show cause period.

'The chief executive must consider all written representations (the "accepted representations") made under section 45(2)(e) or (6).

'(1) The chief executive may suspend a casino key employee licence or a casino employee licence immediately if the chief executive believes--

(a) a ground exists to suspend or cancel the licence; and
(b) it is necessary to suspend the licence immediately--
(i) in the public interest; or
(ii) to ensure the integrity of the conduct of casino operations is not jeopardised.

'(2) The suspension--

(a) can be effected only by the chief executive giving the holder of the licence an information notice for the decision to suspend it, together with a show cause notice; and
(b) operates immediately the information notice is given to the holder; and
(c) continues to operate until the show cause notice is finally dealt with.

'(3) If the chief executive believes the holder of the licence is an employee of a casino operator, the chief executive must immediately give written notice of the suspension to the casino operator.

'(1) This section applies if--

(a) there are no accepted representations for a show cause notice; or
(b) after considering the accepted representations for a show cause notice, the chief executive--
(i) still believes a ground exists to suspend or cancel a casino key employee licence or a casino employee licence; and
(ii) believes suspension or cancellation of the licence is warranted.

'(2) This section also applies if a holder of a casino key employee licence or a casino employee licence contravenes a direction given to the holder under section 45F.4

'(3) The chief executive may--

(a) if the proposed action was to suspend the licence--suspend the licence for not longer than the proposed suspension period; or
(b) if the proposed action was to cancel the licence--cancel the licence or suspend it for a period.

'(4) If the chief executive decides to take action under subsection (3), the chief executive must immediately--

(a) give an information notice for the decision to the holder of the licence; and
(b) if the chief executive believes the holder is an employee of a casino operator--give written notice of the suspension or cancellation to the casino operator.

'(5) The decision takes effect on the later of the following--

(a) the day the information notice is given to the holder of the licence;
(b) the day of effect stated in the information notice.

'(6) If the chief executive cancels the licence, the holder must give the licence to the chief executive within 14 days after the cancellation takes effect.

Maximum penalty for subsection (6)--40 penalty units.

'(1) This section applies if, after considering the accepted representations for a show cause notice, the chief executive no longer believes a ground exists to suspend or cancel a casino key employee licence or a casino employee licence.

'(2) The chief executive--

(a) must not take any further action about the show cause notice; and
(b) must give each of the following a written notice stating that no further action is to be taken--
(i) the holder of the licence;
(ii) a casino operator to whom a copy of the show cause notice was given under section 45(5).

'(1) The chief executive may censure a holder of a casino key employee licence or a casino employee licence for a matter relating to a ground for suspension or cancellation if the chief executive--

(a) believes a ground exists to suspend or cancel the licence but does not believe that giving a show cause notice to the holder is warranted; or
(b) after considering the accepted representations for a show cause notice, still believes a ground exists to suspend or cancel the licence but does not believe suspension or cancellation of the licence is warranted.

'(2) The censure can be effected only by the chief executive giving the holder of the licence an information notice for the decision to censure the holder.

'(3) If the chief executive believes the holder of the licence is an employee of a casino operator, the chief executive must immediately give written notice of the censure to the casino operator.

'(1) This section applies if, after considering the accepted representations for a show cause notice, the chief executive--

(a) still believes a ground exists to suspend or cancel a casino key employee licence or a casino employee licence; and
(b) believes a matter relating to the ground for suspension or cancellation is capable of being rectified and it is appropriate to give the holder of the licence an opportunity to rectify the matter.

'(2) The chief executive may direct the holder of the licence to rectify the matter.

'(3) If the chief executive decides to give the holder of a licence a direction under this section, the direction can be effected only by the chief executive giving the holder an information notice for the decision.

'(4) The information notice must state the period for rectifying the matter.

'(5) The period must be reasonable, having regard to the nature of the matter to be rectified.

'(6) If the chief executive gave a copy of the show cause notice to a casino operator under section 45(5), the chief executive must give written notice of the direction to the casino operator immediately after giving the information notice to the holder of the licence.

'(1) If the chief executive suspends a casino key employee licence or a casino employee licence, the chief executive may, for any remaining period of suspension and at any time the suspension is in force--

(a) cancel the period; or
(b) reduce the period by a stated period.

'(2) The chief executive may cancel or reduce the period only if the chief executive considers it is appropriate to take the action.

'(3) The chief executive must immediately give written notice of the decision to--

(a) the holder of the licence; and
(b) if the chief executive believed the holder was an employee of a casino operator when the licence was suspended--the casino operator.

'(4) Subsection (1) does not apply to an immediate suspension.'.



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