Victorian Current Acts

GAMBLING REGULATION ACT 2003 - SECT 3.4.59E

    (1)     If the Commission considers that there is a ground for taking disciplinary action in relation to the monitoring licence, the Commission may give the monitoring licensee written notice giving the licensee an opportunity to show cause within 28 days why disciplinary action should not be taken on the ground specified in the notice.

    (2)     The monitoring licensee, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken.

    (3)     After considering any submissions made under subsection (2), the Commission—

        (a)     may take either or both of the following disciplinary actions—

              (i)     issue a letter of censure to the monitoring licensee;

              (ii)     fine the monitoring licensee an amount not exceeding an amount that is 5000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004 ; or

        (b)     may make a written report to the Minister recommending that the Minister take disciplinary action against the monitoring licensee under section 3.4.59F.

    (4)     A report under subsection (3)(b) must include the reasons for the findings and recommendations contained in it.

    (5)     A letter of censure may censure the monitoring licensee in respect of any matter connected with the management or operation of its monitoring business and may include a direction to the licensee to rectify within a specified time any matter giving rise to the letter of censure.

    (6)     If a direction given under subsection (5) is not complied within the specified time, the Commission may—

        (a)     fine the monitoring licensee an amount not exceeding an amount that is 5000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004 ; or

        (b)     make a written report to the Minister recommending that the Minister take disciplinary action against the monitoring licensee under section 3.4.59F.

    (7)     The Commission may fine the monitoring licensee under subsection (6)(a) whether or not the Commission has already fined the licensee under subsection (3)(a)(ii) in relation to the same matter.

    (8)     A fine imposed under this section may be recovered in a court of competent jurisdiction as a debt due to the State.

S. 3.4.59F inserted by No. 29/2009 s. 23.