Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) In this section,
"disciplinary action" means any one or more of the following:(a) thecancellation of a prescribed licence;
(b) the suspension of a prescribed licence;
(c) the cancellation of a gaming endorsement;
(d) the suspension of a gaming endorsement;
(e) the amendment of the conditions to which a prescribed licence or a permit under this Act is subject, including the imposition of conditions where there were previously no conditions;
(f) the imposition of a fine not exceeding –
(i) 100 000 penalty units in the case of a prescribed licence that is a casino licence, gaming operator's licence, Tasmanian gaming licence or foreign games permit; or
(ii) 10 000 penalty units in the case of a prescribed licence that is a listing on the Roll; or
(iii) 50 penalty units in the case of a prescribed licence that is a licensed premises gaming licence, a minor gaming permit, a special employee's licence or a technician's licence; or
(iv) the prescribed number of penalty units in the case of any other prescribed licence;
(g) the issuing of a letter of censure.
(2) If the Commission considers it appropriate, it may inquire into whether there are grounds for disciplinary action against a prescribed licence holder.
(3) The Commission must notify a prescribed licence holder by written notice –
(a) that it is considering taking disciplinary action on the grounds specified in the notice; and
(b) that the holder, within 28 days of receipt of the notice, may make written submissions to the Commission as to why disciplinary action should not be taken.
(3A) If the Commission under subsection (3) notifies a prescribed licence holder who is a foreign games permit holder that it is considering taking disciplinary action and the Commission is of the opinion that an accredited representative of the foreign games permit holder may be affected by the taking of any disciplinary action, the Commission must notify the accredited representative by written notice –
(a) that it is considering taking disciplinary action on the grounds specified in the notice; and
(b) that the accredited representative, within 28 days of receipt of the notice, may make written submissions to the Commission as to why disciplinary action should not be taken.
(4) After considering any submissions made as specified in subsections (3) and (3A), the Commission may take such disciplinary action as it considers appropriate or take no further action.
(5) Despite subsections (3), (3A) and (4), the Commission may issue a letter of censure to a prescribed licence holder without first allowing the holder or an accredited representative an opportunity to make submissions as to why the letter of censure should not be issued.
(6) A letter of censure may include a direction to the prescribed licence holder to take the action specified in the letter for the purposes of rectifying any matter giving rise to the letter of censure and may direct that the action be taken within a period specified in the letter.
(7) If a prescribed licence holder fails to comply with a direction given in a letter of censure within the time specified in the letter of censure, the Commission may –
(a) if the letter of censure was issued after giving the holder and any accredited representative referred to in subsection (3A) the opportunity to make submissions as to why disciplinary action should not be taken, take further disciplinary action without giving the holder or that accredited representative a further opportunity to make submissions; or
(b) if the letter of censure was issued without first giving the holder or, in a case to which subsection (3A) applies, an accredited representative the opportunity to make submissions as to why disciplinary action should not be taken, take disciplinary action in accordance with subsections (3), (3A) and (4).
(8) The Commission must notify a prescribed licence holder by written notice of its determination under subsection (4).
(9) The cancellation or suspension of a prescribed licence or a gaming endorsement, or the amendment of the conditions to which a prescribed licence under this Act is subject, takes effect on the day the prescribed licence holder receives the notice given under subsection (8) or on a later day specified in that notice.
(10) A prescribed licence or a gaming endorsement is of no effect if it has been cancelled or while it is suspended.
(11) The Commission may at any time terminate or reduce a period of suspension.
(12) A fine imposed under this section may be recovered as a debt due to the Crown.