Queensland Numbered Acts Queensland Numbered ActsPart 4, division 3--
omit, insert--
'(1) Each of the following is a ground for suspending or cancelling a key person licensee's key person licence--
(a) the key person licensee--
(i) is not a suitable person to hold a key person licence; or
(ii) acts in a way that is inappropriate for the conduct of interactive games; or
(iii) contravenes a provision of this Act, or a corresponding law of a participating jurisdiction, other than a provision a contravention of which is an offence against this Act or the corresponding law; or
(iv) contravenes a condition of the licence;
(b) the key person licensee has a conviction, other than a spent conviction, for--
(i) an offence against this Act, a gaming Act or a corresponding law of a participating jurisdiction; or
(ii) an indictable offence;
(c) the key person 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 to which the chief executive may have regard under section 67(2)14 in deciding whether an applicant for a key person licence is a suitable person to hold the licence.
'(3) For subsection (1)(a)(ii), a key person licensee acts in a way that is inappropriate for the conduct of interactive games if the licensee does, or omits to do, an act that results in--
(a) the conduct of interactive games by a licensed provider not being conducted under the approved control system for the conduct of the games; and
(b) the integrity of the conduct of interactive games 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 1115 of that Act.
'(1) If the chief executive believes a ground exists to suspend or cancel a key person licence, the chief executive must before taking action to suspend or cancel the licence give the key person licensee 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 key person licensee 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 key person licensee is given the show cause notice.
'(4) Subsection (5) applies if the chief executive believes--
(a) there is a key relationship between the key person licensee and a licensed provider; and
(b) the existence of the grounds for the proposed action is likely to adversely affect the conduct of interactive games by the licensed provider.
'(5) The chief executive must immediately give a copy of the show cause notice to the licensed provider.
'(6) The licensed provider 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 78(2)(e) or (6).
'(1) The chief executive may suspend a key person licensee's key person 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 interactive games is not jeopardised.
'(2) The suspension--
(a) can be effected only by the chief executive giving the key person licensee an information notice about the decision to suspend the licence, together with a show cause notice; and
(b) operates immediately the information notice is given to the licensee; and
(c) continues to operate until the show cause notice is finally dealt with.
'(3) If the chief executive believes there is a key relationship between the key person licensee and a licensed provider, the chief executive must immediately give written notice of the suspension to the licensed provider.
'(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 key person licence; and
(ii) believes suspension or cancellation of the licence is warranted.
'(2) This section also applies if a key person licensee contravenes a direction given to the licensee under section 83A.16
'(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 about the decision to the key person licensee; and
(b) if the chief executive believes there is a key relationship between the licensee and a licensed provider--give written notice of the suspension or cancellation to the licensed provider.
'(5) The decision takes effect on the later of the following--
(a) the day the information notice is given to the key person licensee;
(b) the day of effect stated in the information notice.
'(6) If the chief executive cancels the licence, the key person licensee 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 key person 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 key person licensee;
(ii) a licensed provider to whom a copy of the show cause notice was given under section 78(5).
'(1) The chief executive may censure a key person licensee 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 licensee's key person licence but does not believe that giving a show cause notice to the licensee is warranted; or
(b) after considering the accepted representations for a show cause notice, still believes a ground exists to suspend or cancel the licensee's key person 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 key person licensee an information notice about the decision to censure the licensee.
'(3) If the chief executive believes there is a key relationship between the key person licensee and a licensed provider, the chief executive must immediately give written notice of the censure to the licensed provider.
'(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 key person 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 key person licensee an opportunity to rectify the matter.
'(2) The chief executive may direct the key person licensee to rectify the matter.
'(3) If the chief executive decides to give a key person licensee a direction under this section, the direction can be effected only by the chief executive giving the licensee an information notice about 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 licensed provider under section 78(5), the chief executive must give written notice of the direction to the licensed provider immediately after giving the information notice to the key person licensee.
'(1) If the chief executive suspends a key person 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 key person licensee; and
(b) if the chief executive believed there was a key relationship between the licensee and a licensed provider when the licence was suspended--the licensed provider.
'(4) Subsection (1) does not apply to an immediate suspension.'.