Victorian Current Acts

GAMBLING REGULATION ACT 2003 - SECT 8.5A.10

    (1)     Within 60 days, or any longer period allowed by the Commission, after a licensee that is a body corporate is notified under section 8.5A.8(1) that it has been granted a commercial raffle organiser's licence, the licensee must—

        (a)     nominate a natural person to be responsible as licensee on behalf of the licensee; and

        (b)     apply to the Commission for approval under this section of the person nominated.

Penalty:     20 penalty units.

Note

Division 1 of Part 4 of Chapter 10 provides for the investigation of an application for approval under this section.

    (2)     Within 60 days, or any longer period allowed by the Commission, after—

        (a)     a licensee is notified by the Commission of a refusal to approve a person nominated under this section; or

        (b)     a person nominated by the licensee and approved by the Commission resigns, is dismissed or ceases to manage or control the business of the licensee—

the licensee must nominate another natural person to be responsible as licensee on behalf of the licensee and apply to the Commission for approval of the person nominated.

Penalty:     20 penalty units.

    (3)     A person nominated by a licensee and approved by the Commission under this section is liable under this Act as a licensee.

    (4)     If a licensee that is a body corporate does not have a person who has been approved by the Commission under this section managing or controlling the business of the licensee, the directors or members of the committee of management of the body corporate (as the case requires) are severally liable under this Act as a licensee.

    (5)     The Commission may refuse to approve a person nominated under this section unless satisfied that the person nominated, and each associate of the person, is a suitable person to be concerned in or associated with the management and operation of the business of the licensee.

    (6)     In particular, the Commission must consider whether—

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

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

        (c)     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.

    (7)     The Commission must determine an application by either approving or refusing to approve the person nominated and must notify the applicant in writing of its decision.

    (8)     The nomination and approval by the Commission of a person under this section does not limit the liability of a licensee under this Act whilst that person is a nominee.

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

S. 8.5A.11 inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14).