Victorian Current Acts Victorian Current Acts(1) In this section—
"disciplinary action", against a licensee, means any of the following—
(a) the cancellation or suspension of the licensee's commercial raffle organiser's licence;
(b) the variation of the terms of the licence;
(c) the issuing of a letter of censure to the licensee;
S. 8.5A.14(1)
def. of grounds for disciplinary action amended by No. 72/2007 s. 46.
"grounds for disciplinary action", in relation to a licensee, means any of the following—
(a) that the licensee's commercial raffle organiser's licence was improperly obtained in that, at the time it was granted, there were grounds for refusing it;
(b) that the licensee has failed to provide information that the licensee is required by this Act to provide or has provided information knowing it to be false or misleading;
(c) that the licensee has contravened this Act or the regulations or a condition of the licence;
(d) that—
(i) the licensee; or
(ii) if the licensee is not a natural person, an executive officer or nominee of the licensee—
has been found guilty of a relevant offence;
(e) that the licensee has become an insolvent under administration or an externally-administered body corporate;
(f) that the licensee has engaged in conduct that, in the opinion of the Commission, is undesirable in relation to a community or charitable organisation;
(g) that for any reason the licensee is not a suitable person to hold the licence;
(h) that the licensee has repeatedly breached the licensee's Responsible Gambling Code of Conduct;
"relevant offence" in relation to a licensee or an executive officer or nominee of a licensee, 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 conduct of a raffle; 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 raffle of the licensee.
(2) The Commission may inquire into whether there are grounds for disciplinary action against a licensee.
S. 8.5A.14(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 licensee 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 licensee, the Commission may serve on the person a notice in writing giving the person an opportunity to show cause within 14 days why disciplinary action should not be taken against the person on the grounds for disciplinary action specified in the notice.
(5) The licensee, 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 licensee is not a suitable person to hold the licence, the Commission may only vary, suspend or cancel the licence; or
(b) there are any other grounds for disciplinary action against the licensee, the Commission may take the action—
and does so by giving written notice of the disciplinary action to the licensee.
(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.
S. 8.5A.15 inserted by No. 104/2004 s. 29 (as amended by No. 7/2006 s. 14).