Victorian Current Acts Victorian Current Acts(1) In this section—
S. 3.4.65(1) def. of disciplinary action amended by No. 10/2004 s. 15(Sch. 1 item 10.4).
"disciplinary action", in relation to a person listed on the Roll, means any of the following—
(a) removing the person's name from the Roll;
(b) issuing a letter of censure to the person;
(c) imposing of a fine not exceeding an amount that is 50 000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004 on the person;
S. 3.4.65(1) def. of grounds for disciplinary action amended by Nos 58/2009 s. 125, 60/2011 s. 23, 4/2014 s. 23.
"grounds for disciplinary action", in relation to a person listed on the Roll, means any of the following—
(a) that the listing was improperly obtained in that, at the time the application for listing was granted, there were grounds for refusing it;
(b) that a change in the situation of the person has taken place and they have failed to notify the Commission in accordance with section 10.4A.4 ;
(c) that the person, or any associate of the person, has been convicted of an offence against this Act or, whether or not in Victoria, of an offence involving fraud or dishonesty punishable on conviction by imprisonment for 3 months or more (whether or not in addition to a fine);
(d) that the person has breached a condition to which their listing is subject;
(e) that the person has provided information required by this Act to be provided, knowing it to be false or misleading;
(f) that any machine, restricted gaming component or restricted monitoring component manufactured or supplied by the person is, in the opinion of the Commission, unreliable or otherwise unsatisfactory;
(g) that any testing of gaming equipment, monitoring equipment, games or a pre-commitment system by the person is unsatisfactory;
(ga) that any testing of player account equipment, or a part of a pre‑commitment system, installed or to be installed on or in a gaming machine is unsatisfactory;
(h) that for any reason, having regard to the matters set out in section 3.4.63(3) or otherwise, the person is not a suitable person to be listed on the Roll or an associate of the person is not suitable to be an associate of a person listed on the Roll.
(2) The Commission may serve on a person listed on the Roll a notice in writing giving the person an opportunity to show cause within 28 days why disciplinary action should not be taken on grounds for disciplinary action specified in the notice.
(3) The person listed on the Roll, 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 and the Commission must consider any submissions so made.
(4) The Commission may then take disciplinary action against the person listed on the Roll as the Commission sees fit and does so by giving written notice of the disciplinary action to the person.
(5) If the disciplinary action is the removal of the person's name from the Roll, it takes effect when the notice under subsection (4) is given or at a later time specified in the notice.
(6) If the disciplinary action is the imposition of a fine, the fine may be recovered as a debt due to the State.