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GAMBLING REGULATION ACT 2003 - SECT 3.4.63

Determination of applications

    (1)     The Commission must determine an application by either granting or refusing the application and must notify the applicant in writing of the decision.

    (2)     The application may be granted unconditionally or subject to any conditions the Commission thinks fit.

S. 3.4.63(2A) inserted by No. 60/2011 s. 22(1).

    (2A)     If the Commission grants an application, the Commission must list the person in the Roll in the appropriate division.

    (3)     Without limiting the matters that the Commission may consider in determining whether or not to grant an application, the Commission must consider whether—

        (a)     the applicant and each associate of the applicant is of good repute, having regard to character, honesty and integrity; and

        (b)     each person is of sound and stable financial background; and

        (c)     in the case of an applicant that is not a natural person, the applicant has, or has arranged, a satisfactory ownership trust or corporate structure; and

        (d)     any of those persons has any business association with any person, body or association who or which, in the opinion of the Commission, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources; and

        (e)     each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Commission to be associated or connected with the ownership, administration or management of the operations or business of the applicant is a suitable person to act in that capacity.

S. 3.4.63(3A) inserted by No. 60/2011 s. 22(2).

    (3A)     In addition, in determining whether or not to grant an application, the Commission must also consider any prescribed matters.

    (4)     In determining whether to grant an application by a person referred to in section 3.4.61(1)(c), in addition to the matters referred to in subsection (3), the Commission must consider—

        (a)     the technical competence of the applicant; and

S. 3.4.63(4)(b) amended by No. 60/2011 s. 22(3)(a).

        (b)     whether the applicant has any connection to, or relationship with, a supplier or manufacturer listed on the Roll that would make it inappropriate for the applicant to be listed on the Roll; and

S. 3.4.63(4)(c) inserted by No. 60/2011 s. 22(3)(b).

        (c)     Part 2A.

    (5)     The Commission must also consider every objection made in accordance with section 3.4.62.

    (6)     Except as otherwise provided in this Act no appeal lies from the decision of the Commission.



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