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GAMING CONTROL ACT 1993 - SECT 38 Matters to be considered in determining application

GAMING CONTROL ACT 1993 - SECT 38

Matters to be considered in determining application

(1)  The Commission must not grant an application for a venue licence unless it is satisfied that–
(a) the applicant and each associate of the applicant is a suitable person to be concerned in or associated with the management and operation of an approved venue; and
(b) the applicant's premises are suitable for the management and operation of gaming machines or for the conduct of keno, or both; and
(c) in the case of an application to which section 36(3) applies, taking into account community interest matters, the granting of the venue licence endorsed with gaming machine authorities is in the community interest.
(2)  In particular, the Commission must consider whether –
(a) the applicant and each associate of the applicant is fit and proper having regard to character, honesty and integrity; and
(b) each person is of sound and stable financial background; and
(ba) the applicant has a legal right to occupy the premises which are the subject of the application; and
(bb) the applicant has or is able to obtain financial resources that are adequate to ensure the financial viability of the operation of gaming machines or the conduct of keno, or both; and
(c) in the case of an applicant that is not a natural person, the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure; and
(d) any of those persons has any business association with any person, body or association who or which, in the opinion of the Commission, is not fit and proper having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources; and
(e) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Commission to be associated or connected with the ownership, administration or management of the operations or business of the applicant is a suitable person to act in that capacity; and
(ea) the applicant has a history of not complying with a law of any jurisdiction in Australia relating to industrial relations or workplace safety; and
(eb) the applicant will have appropriate systems and processes in place to ensure that each person who is engaged, or employed, by the applicant, is not subject to discrimination, harassment or other adverse action by the applicant, or by a person engaged or employed by the applicant, if the person provides information relating to –
(i) the compliance of the applicant with the requirements of this Act; or
(ii) conduct of the applicant; and
(f) the size, layout and facilities of the applicant's premises are suitable; and
(g) the proposed security arrangements are adequate.