New South Wales Consolidated Acts

CASINO CONTROL ACT 1992 - SECT 59

59 Disciplinary action against licensee

(1) In this section:
"disciplinary action" means any one or more of the following actions against a licensee:

(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 authority conferred by the licence (other than a variation under section 57),

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

(d) cancellation of the licence.

"grounds for disciplinary action" means any of the following grounds in respect of a 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 licensee has been convicted of an offence against this Act or, whether or not in New South Wales, of an offence punishable on conviction by imprisonment for 3 months or more (whether or not in addition to a fine),

(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 in a material particular,

(e) that the licensee has become bankrupt, applied to take the benefit of any law relating to bankrupt or insolvent debtors, has compounded with his or her creditors or made an assignment of his or her remuneration for their benefit,

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

(2) The Authority may make such inquiries as it thinks fit into the question of whether there are grounds for disciplinary action against a licensee.

(3) If as a consequence of such an inquiry the Authority proposes to take disciplinary action against the licensee:

(a) the Authority is to give the licensee notice of the proposal and at least 14 days to make submissions to the Authority on the matter, and

(b) the Authority may by written direction to the licensee suspend the licensee’s licence for a maximum period of 90 days pending the Authority’s decision on the matter and may revoke any such suspension.

(4) The Authority is to consider the results of its inquiries and any submissions made by the licensee within the time allowed and is to decide whether to take disciplinary action against the licensee.

(5) If the Authority decides that there are grounds for disciplinary action against a licensee, the Authority may take the action and does so by giving notice in writing of the action to the licensee. Disciplinary action takes effect when the notice is given or on a later date specified in the notice.

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

(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.