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GAMBLING REGULATION ACT 2003 - SECT 3.4.59LG

Appointment of a monitoring services provider after monitoring licence suspended or cancelled

    (1)     This section applies if—

S. 3.4.59LG
(1)(a) amended by No. 60/2011 s. 18(2).

        (a)     the monitoring licence is suspended or cancelled; or

        (b)     the Minister considers that there has been—

              (i)     a significant failure in the operation or maintenance of the electronic monitoring system used to provide monitoring services; or

              (ii)     a significant failure to provide monitoring services

such that no effective monitoring services are being provided.

S. 3.4.59LG(2) amended by No. 60/2011 s. 18(3).

    (2)     The Minister may, if the Minister is satisfied that it is in the public interest to do so, direct, by written notice, the Commission to appoint a person or persons (other than the monitoring licensee) (a  monitoring services provider )—

S. 3.4.59LG
(2)(a) substituted by No. 56/2010 s. 19.

        (a)     to—

              (i)     provide monitoring services; and

              (ii)     manage the business of the monitoring licensee to the extent that the business relates to the provision of monitoring services; or

S. 3.4.59LG
(2)(b) substituted by No. 56/2010 s. 19.

        (b)     to—

              (i)     carry out preparatory action within the meaning of section 3.4.52(6); and

              (ii)     manage the business of the monitoring licensee to the extent that the business relates to the carrying out of preparatory action within the meaning of section 3.4.52(6).

S. 3.4.59LG(3) substituted by No. 60/2011 s. 18(4).

    (3)     On receiving a written notice under subsection (2), the Commission must, by instrument, appoint a person or persons as a monitoring services provider or providers for the purposes of this section.

    (4)     In appointing a monitoring services provider, the Commission must have regard to the suitability of the person to do what is provided for under subsection (2)(a) and (b).

    (5)     A monitoring services provider is appointed—

        (a)     by the Commission as directed by written notice by the Minister; and

        (b)     on such terms and conditions as the Minister thinks fit.

    (6)     The terms and conditions under subsection (5)(b)—

        (a)     may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Commission; and

        (b)     may require the monitoring services provider to enter into one or more agreements with the Minister, or a person nominated by the Minister, dealing with matters related to provision of monitoring services (a related agreement ); and

        (c)     may determine—

              (i)     the maximum amount of damages that may be payable under a related agreement for a breach of a specified condition;

              (ii)     the maximum amount of damages that may be payable under a related agreement to a specified person for a breach of a specified condition;

              (iii)     the kinds of events or circumstances that could form the basis of a condition referred to in subparagraph (i) or (ii).

    (7)     The appointment of a monitoring services provider

        (a)     may be terminated at any time—

              (i)     by the Commission; or

              (ii)     by the Commission as directed by written notice of the Minister; and

S. 3.4.59LG
(7)(b) amended by No. 60/2011 s. 18(5).

        (b)     in the case where the monitoring licence has been cancelled, is terminated on the later of—

              (i)     the day the monitoring licence is issued; or

              (ii)     if the monitoring licence that is issued takes effect at a time specified in the monitoring licence that is later than the time of issue, that time; and

        (c)     in the case where the monitoring licence has been suspended, is terminated on the lifting of that suspension.

    (8)     A monitoring services provider

S. 3.4.59LG
(8)(a) repealed by No. 60/2011 s. 18(6).

    *     *     *     *     *

        (b)     is taken to have, in connection with the provision of the monitoring services

              (i)     all the functions and powers of the monitoring licensee; and

              (ii)     all the rights and obligations of the monitoring licensee under a related agreement referred to in sections 3.4.48 and 3.4.48A to which the monitoring licensee is a party; and

        (c)     must provide monitoring services in accordance with this Act, the regulations, the monitoring licence, any related agreement referred to in sections 3.4.48 and 3.4.48A to which the monitoring licensee is a party and the provider's terms of appointment under subsection (5); and

        (d)     assumes full control of and responsibility for the business of the monitoring licensee and may use, in the provision of monitoring services, any property, and services of staff and contractors, of the monitoring licensee; and

        (e)     may employ such staff and engage such contractors as may be required to provide monitoring services.

    (9)     If the appointment of the monitoring services provider is terminated—

S. 3.4.59LG
(9)(a) repealed by No. 60/2011 s. 18(7).

    *     *     *     *     *

        (b)     ceases to be taken to have—

              (i)     the functions and powers of the monitoring licensee; and

              (ii)     the rights and obligations of the monitoring licensee under a related agreement referred to in sections 3.4.48 and 3.4.48A to which the monitoring licensee is a party; and

        (c)     ceases to be in control of and responsible for the business of the monitoring licensee.

S. 3.4.59LG
(10) substituted by No. 60/2011 s. 18(8).

    (10)     In this section, "monitoring licensee" includes the person whose monitoring licence was suspended or cancelled immediately before the appointment of a monitoring services provider or providers.

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



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