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GAMBLING REGULATION ACT 2003 - SECT 9A.1.12

Disciplinary action

    (1)     In this section—

"disciplinary action" in relation to a licensee, means any of the following—

        (a)     the service of a written notice on the licensee censuring him or her for any action specified in the notice;

        (b)     variation of the gaming industry employee's licence;

        (c)     suspension of the licence for a specified period;

        (d)     cancellation of the licence;

        (e)     cancellation of the licence and disqualification from obtaining or applying for a licence or permit under a gaming Act for a specified period not exceeding 4 years;

"grounds for disciplinary action" means any of the following grounds in respect of a licensee

        (a)     that his or her gaming industry employee's licence was improperly obtained in that, when it was granted, there were grounds for refusing it;

        (b)     that the licensee has been convicted or found guilty of a relevant offence;

        (c)     that the licensee has contravened a condition of the licence;

        (d)     that the licensee has failed to provide information that he or she is required by this Act to provide or has provided information knowing it to be false or misleading;

        (e)     that the licensee has become an insolvent under administration;

        (f)     that for any reason, the licensee is not a suitable person to be the holder of the licence;

"relevant offence", in relation to 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 employment of the licensee under a gaming Act; or

        (c)     an offence (wherever occurring) involving fraud or dishonesty punishable on conviction by imprisonment for 3 months or more (whether or not in addition to a fine).

    (2)     The Commission may serve on a licensee a notice in writing giving the licensee 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 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.

    (4)     If the Commission decides that there are grounds for disciplinary action against a licensee, the Commission may take the action and does so by giving notice in writing of the action to the licensee.

    (5)     The disciplinary action takes effect when the notice is given or on a later date specified in the notice.

S. 9A.1.13 inserted by No. 104/2004 s. 32.



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