Australian Capital Territory Numbered Acts

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INTERACTIVE GAMBLING ACT 1998 (NO. 24 OF 1998) - SECT 63

Directions to rectify

(1)     This section applies where the Commissioner believes on reasonable grounds that—

        (a)     a ground referred to in section 60 exists; and

        (b)     it is appropriate to give to the key person licensee an opportunity to rectify a matter on which the ground is based.

(2)     Where this section applies, the Commissioner may, by notice to the key person licensee in accordance with this section, direct the licensee to take such action as is specified in the notice in order to rectify the matter.

(3)     A notice under subsection (2) shall—

        (a)     be in writing;

        (b)     state the basis for the formation of the Commissioner's belief; and

        (c)     specify a period of time that is reasonable in the circumstances within which the licensee must comply with the notice.

(4)     The Commissioner shall not give a notice under subsection (2) unless, before doing so, he or she has—

        (a)     notified the key person licensee in writing of the grounds which may cause the Commissioner to issue a direction to rectify a specified matter and that the key person licensee may show cause, within a specified period after the date of the notice, (being a period that is reasonable in the circumstances) why the direction should not be issued; and

        (b)     considered any representation made within that period.

(5)     If the Commissioner believes that a key relationship exists between the key person licensee and a licensed provider at the time of the giving of a notice under subsection (2), the Commissioner shall promptly give a copy of the notice to the licensed provider.

(6)     A key person licensee shall comply with a direction under this section.

Penalty for a breach of subsection (6): 20 penalty units.



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