New South Wales Consolidated Acts

CASINO CONTROL ACT 1992 - SECT 23

23 Disciplinary action against casino operator

(1) In this section:
"disciplinary action" means any one or more of the following actions in relation to a casino licence:

(a) the cancellation or suspension of the licence,

(b) the imposition on the licensee of a pecuniary penalty of up to $1,000,000,

(c) the amendment of the terms or conditions of the licence (other than under section 22),

(d) the issue of a letter of censure to the licensee.

"grounds for disciplinary action" means any one or more of the following grounds in respect of a casino licence:

(a) that the licence was improperly obtained in that, at the time the licence was granted, there were grounds for declining to grant it,

(b) that the casino operator, a person in charge of the casino, an agent of the casino operator or a casino employee has contravened a provision of this Act or a condition of the licence,

(c) that the casino premises are, for specified reasons, no longer suitable for the conduct of casino operations,

(d) that the licensee is, for specified reasons, considered to be no longer a suitable person to give effect to the licence and this Act,

(e) that for specified reasons, it is considered to be no longer in the public interest that the licence should remain in force.

(2) The Authority may serve on the holder of a casino licence a notice in writing affording the licensee an opportunity to show cause within 14 days why disciplinary action should not be taken against the licensee on grounds for disciplinary action specified in the notice.

(3) The licensee may, within the period allowed by the notice, arrange with the Authority for the making of submissions to the Authority as to why disciplinary action should not be taken and the Authority is to consider any submissions so made.

(4) The Authority may then decide that it is appropriate that certain disciplinary action be taken against the licensee and may either:

(a) take that disciplinary action by giving written notice of the action to the licensee, or

(b) as an alternative to taking that disciplinary action, take action under section 24.

(5) Disciplinary action may be taken against a person whether or not the person has been prosecuted, convicted or penalised for any contravention that is the grounds for the action.

(6) Disciplinary action takes effect when notice of it is given or on a later date specified in the notice.

(7) The Authority is not to take action under this section unless a member of the Authority who is or has been a Judge, or is an Australian lawyer of at least 7 years’ standing, is present at the meeting of the Authority at which the decision to take the action is made.