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GAMBLING REGULATION ACT 2003 - SECT 8.5.13

Disciplinary action

    (1)     In this section—

"disciplinary action", against a bingo centre operator, means any of the following—

        (a)     the cancellation or suspension of the operator's licence;

        (b)     the variation of the terms of the licence;

        (c)     the issuing of a letter of censure to the operator;

S. 8.5.13(1) def. of grounds for disciplinary action amended by Nos 7/2006 s. 9, 72/2007 s. 40, 56/2010 s. 48.

"grounds for disciplinary action", in relation to a bingo centre operator, means any of the following—

        (a)     that the bingo centre operator's licence was improperly obtained in that, at the time it was granted, there were grounds for refusing it;

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

        (c)     that the operator has contravened this Act, the regulations or the rules made by the Commission under section 8.4.2D or a condition of the licence;

        (d)     that—

              (i)     the operator; or

              (ii)     if the operator is not a natural person, an executive officer or nominee of the operator—

has been found guilty of a relevant offence;

        (e)     that the operator has become an insolvent under administration or an externally-administered body corporate;

        (f)     that the operator has engaged in conduct that, in the opinion of the Commission, is undesirable in relation to a community or charitable organisation;

        (fa)     that the operator no longer has the management or control of the bingo centre;

        (g)     that the bingo centre is, for specified reasons, no longer suitable for the conduct of bingo;

        (h)     that for any reason the operator is not a suitable person to hold their licence;

              (i)     that the bingo centre operator has repeatedly breached the operator's Responsible Gambling Code of Conduct;

"relevant offence" in relation to a bingo centre operator or an executive officer or nominee of a bingo centre operator, means—

        (a)     an offence against a gaming Act or gaming regulations; or

        (b)     an offence arising out of or in connection with the management or operation of a bingo centre; or

        (c)     an offence (in Victoria or elsewhere) involving fraud or dishonesty punishable by imprisonment for 3 months or more (whether or not in addition to a fine); or

        (d)     an indictable offence, or an offence that, if committed in Victoria, would be an indictable offence, the nature or circumstances of which, in the opinion of the Commission, relate to a bingo centre of the operator.

    (2)     The Commission may inquire into whether there are grounds for disciplinary action against a bingo centre operator.

S. 8.5.13(3) amended by No. 58/2011 s. 91(2).

    (3)     At the request of the Commission, a commissioner may conduct an investigation in relation to a bingo centre operator and may make a report on the investigation to the Commission.

    (4)     If, following an inquiry or investigation under subsection (2) or (3), the Commission considers there are grounds for taking disciplinary action against a bingo centre operator, the Commission may serve on the person a notice in writing giving them an opportunity to show cause within 14 days why disciplinary action should not be taken against them on the grounds for disciplinary action specified in the notice.

    (5)     The bingo centre operator, 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.

    (6)     If the Commission decides that—

        (a)     the bingo centre operator is not a suitable person to hold their licence, the Commission may only vary, suspend or cancel the licence; or

        (b)     there are any other grounds for disciplinary action against the operator, the Commission may take the action—

and does so by giving written notice of the disciplinary action to the operator.

    (7)     If the disciplinary action is the cancellation, suspension or variation of the terms of a licence, it takes effect when the notice under subsection (6) is given or at a later time specified in the notice.

    (8)     A function of the Commission under this section may be performed by any commissioner.



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