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GAMING CONTROL ACT 1993 - SECT 112S Grounds for disciplinary action

GAMING CONTROL ACT 1993 - SECT 112S

Division 6 - Disciplinary action Grounds for disciplinary action

(1)  Each of the following is a ground for disciplinary action in relation to a prescribed licence:
(a) the prescribed licence holder is no longer suitable or qualified to hold a prescribed licence or gaming endorsement;
(b) an associate of the prescribed licence holder is no longer suitable to be an associate of a prescribed licence holder;
(c) the prescribed licence holder has contravened a provision of this Act or a gaming Act;
(d) the prescribed licence holder has contravened a condition to which the prescribed licence is subject;
(da) the prescribed licence holder has failed to take action as directed, or within the time specified, by the Commission under section 78 ;
(db) the prescribed licence holder has failed to comply with a direction under section 112P ;
(e) the prescribed licence holder has been found guilty of an offence involving fraud or dishonesty, whether or not in Tasmania, the maximum penalty for which exceeds imprisonment for 3 months;
(f) the prescribed licence holder has failed to discharge financial obligations to the State or to a person who has wagered with the holder under the prescribed licence;
(g) the prescribed licence holder is bankrupt, has compounded with creditors, has made an assignment of remuneration for the benefit of creditors or otherwise taken, or applied to take, the benefit of any law for the relief of bankrupt or insolvent debtors;
(h) the prescribed licence holder is affected by control action under the Corporations Act;
(i) the prescribed licence or gaming endorsement, or a permit under this Act, was obtained by a materially false or misleading representation or in some other improper way;
(j) the prescribed licence holder has contravened a code of practice, established under section 112L , applying to that prescribed licence holder.
(1A)  Each of the following is a ground for disciplinary action against an accredited testing facility, manufacturer or supplier:
(a) any gaming machine, FATG machine, game or gaming equipment manufactured or supplied is, in the opinion of the Commission, unauthorised, non-compliant with approved standards, unreliable or otherwise unsatisfactory;
(b) any testing of gaming machines, FATG machines, games or gaming equipment is, in the opinion of the Commission, unsatisfactory.
(2)  For the purposes of forming the belief that the ground mentioned in subsection (1)(a) exists, the Commission may have regard to the same matters to which it may have regard in deciding whether an applicant for a prescribed licence or gaming endorsement is suitable or qualified to hold such a licence or endorsement.
(3)  For the purposes of forming the belief that the ground mentioned in subsection (1)(b) exists, the Commission may have regard to the same matters to which it may have regard in deciding whether an associate of an applicant for a prescribed licence is suitable to be such an associate.
(4)  For the purposes of subsection (1)(h) , a prescribed licence holder is affected by control action under the Corporations Act if the licence holder –
(a) has executed a deed of company arrangement under the Corporations Act; or
(b) is the subject of a winding up (whether voluntarily or under a court order) under the Corporations Act; or
(c) is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under the Corporations Act.