GAMING MACHINES ACT 2001 - SECT 129 Grounds for making complaint

GAMING MACHINES ACT 2001 - SECT 129

129 Grounds for making complaint

(1) A complaint in relation to a licensee or close associate may be made to the Authority by any of the following (referred to in this Part as
"the complainant" )--

(a) the Secretary,

(b) the Commissioner of Police,

(c) a person authorised by the regulations to make a complaint under this Part.

(2) A complaint must be in writing and specify the grounds on which it is made.

(3) The grounds on which a complaint in relation to a licensee or close associate may be made are as follows--

(a) that the licensee--

(i) has contravened a provision of this Act or the regulations, or

(ii) has failed to comply with any requirement under this Act or the regulations that relates to the licensee, or

(iii) has been convicted of an offence under this Act or the regulations or of an offence prescribed by the regulations for the purposes of this section,

(b) that the hotelier or club has engaged in conduct that has encouraged, or is likely to encourage, the misuse and abuse of gambling activities in the hotel or on the premises of the club concerned,

(c) that the hotelier or club has failed to comply with any of the conditions to which an authorisation under Part 5 is subject (including, in the case of a hotelier, the condition that the hotelier comply with the hotel primary purpose test as referred to in section 15 of the Liquor Act 2007 in respect of the hotel),

(d) that the hotelier or club has failed to pay tax within the meaning of the Gaming Machine Tax Act 2001 , or an instalment of any such tax, within the time allowed by or under that Act, or has failed to pay a penalty or interest due for late payment of any such tax or instalment,

(e) that the gaming-related licensee--

(i) has failed to comply with a condition of the gaming-related licence, or

(ii) has failed to comply with an order or direction of the Authority, or

(iii) has failed to make due payment of a penalty for late payment of a fee in accordance with this Act, or

(iv) is no longer a fit and proper person to hold a gaming-related licence,

(f) that the close associate is (or has become) a close associate of a hotelier or gaming-related licensee while disqualified by the Authority from being a close associate,

(g) that the close associate is not a fit and proper person to be a close associate of a hotelier or gaming-related licensee,

(h) that a complaint against a hotelier or gaming-related licensee under this section has been made and that--

(i) the close associate knew or ought reasonably to have known that the hotelier or gaming-related licensee was engaging (or was likely to engage) in conduct of the kind to which the complaint relates, and

(ii) the close associate failed to take all reasonable steps to prevent the licensee from engaging in conduct of that kind,

(i) that a person who is interested in the business, or in the conduct or profits of the business, carried on under the gaming-related licence is not a fit and proper person to be so interested,

(j) that the gaming-related licence has not been exercised in the public interest,

(k) that the licensee or close associate has failed to comply with a requirement of the Secretary made under section 128 in relation to the investigation of the licensee or close associate.