New South Wales Consolidated Acts

TOTALIZATOR ACT 1997 - SECT 38

38 Making, review and revocation of declarations by Minister

(1) A declaration may be made by the Minister under this Division on the basis of such information as the Minister considers sufficient in the circumstances.

(2) A declaration of the Minister under this Division other than:

(a) a declaration under section 36 (1) requiring a person to dispose of shares in a licensee, or

(b) a declaration under section 36 (6) that shares in a licensee are forfeited to the State,

is effective when written notice of the declaration is served on the licensee irrespective of when or whether service is effected on any other person as provided by this Division.

(3) If the Minister makes a declaration under this Division in relation to a licensee:

(a) the licensee, or

(b) any other person on whom notice of the declaration has been served in pursuance of this Division,

may apply to the Minister for a review of the declaration.

(4) On an application under this section for review of a declaration, the Minister:

(a) must allow the applicant and, where the applicant is not the licensee, the licensee, a reasonable opportunity to make submissions in relation to the application, and

(b) may, after giving due consideration to any such submissions:

(i) confirm the declaration, or

(ii) revoke or vary the declaration either conditionally or unconditionally and with effect from the date of the declaration or some other date determined by the Minister.

(5) Notwithstanding that an application is made under this section for review of a declaration of the Minister under this Division, the declaration continues to have effect pending determination of the application except as otherwise determined by the Minister.

(6) The Minister may, of his or her own motion, by notice in writing served on the person on whom notice of the declaration was served, revoke or vary a declaration of the Minister under this Division with effect from the date of the declaration or some other date determined by the Minister.