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GAMBLING REGULATION ACT 2003 - SECT 3.4.37N

Change in situation of licensee or operator

    (1)     In this section—

major change in the situation existing in relation to the licensee or an operator means—

        (a)     any change in that situation which results in a person becoming an associate of the licensee or operator; or

        (b)     any other change in that situation which is of a class or description prescribed as major for the purposes of this section;

minor change in the situation existing in relation to the licensee or an operator means any change in that situation that is prescribed as a minor change for the purposes of this section.

    (2)     The licensee or an operator must—

        (a)     ensure that a major change in the situation existing in relation to the licensee or operator which is within the licensee's or operator's power to prevent occurring does not occur except with the prior approval in writing of the Commission; and

        (b)     notify the Commission in writing of the likelihood of any major change in the situation existing in relation to the licensee or operator to which paragraph (a) does not apply as soon as practicable after the licensee or operator becomes aware of the likelihood of the change; and

        (c)     notify the Commission in writing of any major change in the situation existing in relation to the licensee or operator to which paragraphs (a) and (b) do not apply within 3 days after becoming aware that the change has occurred; and

        (d)     notify the Commission in writing of any minor change in the situation existing in relation to the licensee or operator within 14 days after becoming aware that the change has occurred.

Penalty:     60 penalty units.

    (3)     If a major change for which the approval of the Commission is sought under this section involves a person becoming an associate of the licensee or operator, the Commission must not grant its approval unless satisfied that the person is a suitable person to be associated with the management of a business of obtaining, installing, maintaining, repairing and monitoring gaming machines.

    (4)     Division 1 of Part 4 of Chapter 10 applies to an application for approval under this section in the same way that it applies to an application for a licence or for approval of a person as an operator.

    (5)     If a major change is proposed or has occurred involving a person becoming an associate of the licensee or operator and the approval of the Commission to the change is not required—

        (a)     the Commission must inquire into the change to determine whether it is satisfied that the person is a suitable person to be associated with the management of a business of obtaining, installing, maintaining, repairing and monitoring gaming machines; and

        (b)     if it is not so satisfied, the Commission must take such action as it considers appropriate.

Ch. 3 Pt 4 Div. 4 (Heading and ss 3.4.383.4.54) amended by Nos 45/2004 ss 23–25, 104/2004 s. 7, repealed by No. 104/2004 s. 39(3),
new Ch. 3 Pt 4 Div. 4 (Heading and ss 3.4.383.4.59P) inserted by No. 29/2009 s. 23.

Division 4—Monitoring licence

New s. 3.4.38 inserted by No. 29/2009 s. 23.



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