South Australian Numbered Acts South Australian Numbered Acts29—Insertion of sections 36A and 36B
After section 36 insert:
36A—Inquiry
(1) The Commissioner
may, of his or her own motion or on the complaint of the Commissioner of
Police, hold an inquiry to determine whether there is proper cause for
disciplinary action against a licensee.
(2) The Commissioner
must give the licensee and the Commissioner of Police at least 21 days'
written notice of an inquiry under this section, and afford the licensee and
the Commissioner of Police a reasonable opportunity to call and give evidence,
to examine and cross-examine witnesses, and to make submissions to the
Commissioner.
(3) If a party does
not attend at the time and place fixed by the Commissioner for the
commencement or resumption of proceedings under this section, the Commissioner
may proceed to hear and determine the matter in the absence of the party.
(4) On giving notice
to a licensee under this section, the Commissioner may, in the same or a
subsequent notice, suspend the licence pending determination of the
disciplinary proceedings.
36B—Taking of disciplinary action against licensees
(1) If, on an inquiry,
the Commissioner is satisfied there is proper cause for disciplinary action
against a licensee, the Commissioner may take disciplinary action against the
licensee by doing 1 or more of the following:
(a)
administering a reprimand;
(b)
adding to, or altering, the conditions of the licence;
(c)
cancelling 1 or more gaming machine entitlements;
(d)
suspending or revoking the licence;
(e)
imposing a fine not exceeding $15 000;
(f) if a
licence is revoked—disqualifying the former licensee from being licensed
or approved under this Act.
(2) When the
Commissioner revokes a licence, the Commissioner must determine whether all or
any of the gaming machine entitlements held by the former licensee should be
cancelled and, if so, cancel them accordingly.
(3) The Commissioner
may—
(a)
direct that a disqualification is to apply permanently;
(b)
direct that a suspension or disqualification is to apply—
(i)
for a specified period; or
(ii)
until the fulfilment of stipulated conditions; or
(iii)
until further order;
(c)
direct that disciplinary action is to have effect at a specified future time
or is to have effect at a specified future time unless stipulated conditions
are fulfilled.
(4) If—
(a) a
person has been found guilty of an offence; and
(b) the
circumstances of the offence form, in whole or in part, the grounds for
disciplinary action,
the person is not liable to a fine under this section for conduct giving rise
to the offence.
(5) A fine imposed
under this section may be recovered summarily.
(6) When the
Commissioner cancels gaming machine entitlements under this section, an
equivalent number of entitlements may be offered for sale by the Crown under
the approved trading system.
(7) However, the Crown
may only exercise its power of sale if the total number of gaming machine
entitlements in force under this Act is less than a number calculated by
subtracting 3 000 from the number of gaming machines approved for
operation under this Act immediately before the commencement of section 27A.