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GAMING CONTROL ACT 1993 - SECT 112C Exclusion from wagering on application of interested person

GAMING CONTROL ACT 1993 - SECT 112C

Exclusion from wagering on application of interested person

(1)  A person who has a close personal interest in the welfare of another person who wagers with, or otherwise participates in games or gaming activities conducted by, any specified licence holder may apply to the Commission in a form approved by the Commission for a section 112C exclusion order.
(2)  On receipt of an application under subsection (1) , the Commission must provide the person in respect of whom the application is made with a written notice –
(a) informing the person of the making of the application and the reasons for it; and
(b) inviting the person to make representations to the Commission about the application within the reasonable time specified in the notice.
(3)  After considering representations made by the applicant and the person in respect of whom the application is made under subsection (1) , the Commission must –
(a) if the Commission is satisfied that it is in the interests of that person and the public interest to do so, make an order prohibiting that person from doing either of the following:
(i) entering or being on premises specified in the order;
(ii) engaging in any gaming or gaming activities on premises specified in the order.
(b) if it is not so satisfied, refuse the application.
(3A)  .  .  .  .  .  .  .  .  
(4)  On refusing an application under subsection (3)(b) , the Commission must notify the applicant and the person in respect of whom the application was made in writing of that refusal and the reasons for it.
(5)  On making a section 112C exclusion order, the Commission must provide a copy of the order to –
(a) the affected person; and
(b) all specified licence holders that may also be affected by the order; and
(c) the applicant.
(5A)  On receipt of a copy of a section 112C exclusion order under subsection (5) , a specified licence holder must notify, as soon as reasonably practicable, all prescribed special employees who may have to enforce the order of the making of the order.
Penalty:  Fine not exceeding 100 penalty units.
(6)  The Commission may amend a section 112C exclusion order at any time.
(7)  Subsections (5) and (5A) have the same application to the amendment of a section 112C exclusion order as they have to its making.
(8)  Where the Commission decides to exercise its power under subsection (6) , the person who is subject to the relevant section 112C exclusion order or the person who applied for it may apply to the Magistrates Court (Administrative Appeals Division) under the Magistrates Court (Administrative Appeals Division) Act 2001 for a review of the decision.
(9)  A person who is subject to a section 112C exclusion order of the kind referred to in subsection (3)(a)(ii) must not enter a restricted gaming area within the premises specified in the order.
Penalty:  Fine not exceeding 20 penalty units.
(10)  A section 112C exclusion order continues in effect according to its terms until it is, by instrument in writing, revoked by the Commission.