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GAMBLING LEGISLATION AMENDMENT ACT 2008 No. 2 - SECT 20

20 Insertion of new ss 183A and 183B

After section 183--

insert--

'(1) A person, other than an approved person, must not have or gain--

(a) control over an application, or the content of an application, by an eligible association; or
(b) the ability to control an application or the content of an application by an eligible association; or
(c) the ability to interpose between the holder of a category 3 gaming licence and the chief executive in relation to an application made by the holder.

Maximum penalty--200 penalty units.

'(2) In this section--

application means an application for, or to renew, a category 3 gaming licence.

approved person, in relation to an application by an eligible association, means a person who is, and is acting in the capacity of, the secretary, an executive officer or a member of the association.

'(1) A person, other than an approved person, must not have or gain--

(a) control over the conduct of a category 3 game; or
(b) the ability to control the conduct of a category 3 game.

Maximum penalty--200 penalty units.

'(2) For subsection (1), a person has or gains control over, or has or gains the ability to control, the conduct of a category 3 game if the person--

(a) has or gains the capacity to dominate, directly or indirectly, decision-making about policies for the conduct of the game; or
(b) has or gains the capacity to enjoy the majority of the benefits, and to be exposed to the majority of the risks, associated with the conduct of the game.

'(3) In this section--

approved person, in relation to the conduct of a category 3 game, means a person who is, and is acting in the capacity of, the secretary, an executive officer or a member of the eligible association that holds the category 3 gaming licence for the conduct of the game.'.



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