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GAMBLING REGULATION ACT 2003 - SECT 4.5A.14

Disciplinary action against registered bookmaker or bookmaker's key employee

    (1)     In this section—

"disciplinary action", against a registered bookmaker or bookmaker's key employee, means any of the following—

        (a)     the cancellation or suspension of the registration;

        (b)     the variation of the conditions of the registration;

        (c)     the issuing of a letter of censure;

        (d)     in the case of a registered bookmaker the imposition 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 ;

S. 4.5A.14(1) def. of grounds for disciplinary action amended by No. 25/2009 s. 47.

"grounds for disciplinary action", in relation to registered bookmaker or bookmaker's key employee, means any of the following—

        (a)     that the registration was improperly obtained in that, at the time it was granted, there were grounds for refusing it;

        (b)     that the registration holder failed to provide information that the holder is required by this Act or the Racing Act 1958 to provide or has provided information knowing it to be false or misleading;

        (c)     that the registration holder has contravened this Act or the Racing Act 1958 or a condition of the registration;

        (d)     that—

              (i)     the registration holder; or

              (ii)     if the registration holder is a corporation, an executive officer or nominee of the corporation—

has been found guilty of a relevant offence;

        (e)     that the registration holder has become an insolvent under administration or, if the registration holder is a corporation, an externally administered body corporate;

        (ea)     that there have been repeated breaches by the registered bookmaker of the bookmaker's Responsible Gambling Code of Conduct;

        (f)     that the registration holder is, for any other reason, not a suitable person to be registered as a bookmaker or bookmaker's key employee;

"relevant offence" means—

        (a)     an offence against the Racing Act 1958 and regulations under that Act, or a gaming Act or gaming regulations;

        (b)     an offence (in Victoria or elsewhere) involving fraud or dishonesty;

        (c)     an indictable offence, or an offence that, if committed in Victoria, would be an indictable offence.

    (2)     The Commission may serve on the registered bookmaker or bookmaker's key employee a notice in writing giving the holder of the registration 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 registration holder, 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 made.

    (4)     The Commission may then take disciplinary action against the registration holder as the Commission sees fit and does so by giving written notice of the disciplinary action to the registration holder.

    (5)     If the disciplinary action is the cancellation, suspension or variation of the terms of the registration, 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.

S. 4.5A.14A inserted by No. 60/2011 s. 35.



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