Victorian Current Acts

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GAMBLING REGULATION ACT 2003 - SECT 4.3.32

Cancellation of both licences

    (1)     The Commission, with the consent of the Minister, may apply to the Supreme Court for cancellation of the wagering licence and the gaming licence.

    (2)     On an application under subsection (1), the Supreme Court may cancel the licences if it is satisfied—

        (a)     that the licensee or an operator—

              (i)     has materially contravened a term or condition of the wagering licence or the gaming licence or the betting rules or of a gaming Act or gaming regulations or any other law relating to wagering or gaming; or

              (ii)     has persistently contravened terms or conditions of a licence or the betting rules or of a gaming Act or gaming regulations or any other law relating to wagering or gaming

and that a reprimand or fine is not, in all the circumstances, a sufficient sanction;

        (b)     that the licensee or an operator has persistently committed contraventions referred to in section 4.3.31(1);

        (c)     that on an application under section 459P of the Corporations Act, the Court would be required under section 459C(2) of that Act to presume that the licensee or operator is insolvent;

        (d)     that the licensee or an operator is an externally-administered body corporate;

        (e)     that the licensee or an operator has been convicted of an offence that is of sufficient magnitude to warrant cancellation of the licences;

        (f)     that the licensee or an operator is not a Victorian company;

        (g)     that neither the licensee nor an operator is carrying on a significant wagering business on events in Victoria and a significant gaming business in Victoria;

        (h)     that the licensee or an operator is involved in a scheme or arrangement the purpose, or one of the purposes, of which is the avoidance of tax under Part 6.

    (3)     The Supreme Court must not cancel the licences under this section if a receiver, or receiver and manager, or administrator, of the licensee has been appointed under the Corporations Act within the preceding 6 months, unless the receiver, or receiver and manager, or administrator, consents to the cancellation.



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