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GAMING CONTROL ACT 1993 - SECT 77S Continuation of foreign games permit after death, &c.

GAMING CONTROL ACT 1993 - SECT 77S

Continuation of foreign games permit after death, &c.

(1)  Any of the following persons may apply to the Commission to have their name entered as substitute foreign games permit holder on a foreign games permit:
(a) a person who is, or intends to become, the legal personal representative of a deceased foreign games permit holder;
(b) the guardian or administrator appointed under the Guardianship and Administration Act 1995 in respect of a foreign games permit holder who is a represented person, within the meaning of that Act;
(c) the official receiver, trustee or assignee of a foreign games permit holder who becomes bankrupt or takes or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of creditors;
(d) a receiver and manager, an administrator, an official liquidator or a provisional liquidator who is appointed in respect of a foreign games permit holder that is a body corporate.
(2)  An application must –
(a) be in a form approved by the Commission; and
(b) contain the information required by the Commission; and
(c) be accompanied by the documents required by the Commission; and
(d) be accompanied by any prescribed fee.
(3)  The Commission, at its discretion, may refund the whole or part of an application fee.
(4)  Sections 77C , 77F and 77G apply in respect of an application under this section.
(5)  If –
(a) the Commission is satisfied that –
(i) the applicant is suitable to hold a foreign games permit; and
(ii) the applicant's associates are suitable to be associated with a foreign games permit holder; and
(b) the prescribed fee, if any, is paid –
the Commission must enter the applicant's name as substitute foreign games permit holder on the foreign games permit accordingly.
(6)  If a foreign games permit holder –
(a) dies; or
(b) is affected by control action; or
(c) is bankrupt, has taken or applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, has compounded with creditors or made an assignment of remuneration for the benefit of creditors; or
(d) becomes a represented person, within the meaning of the Guardianship and Administration Act 1995 , or becomes a like person under a corresponding law of another country or part of another country; or
(e) is no longer suitable to hold the foreign games permit –
and no person applies under subsection (1) to have their name entered as substitute foreign games permit holder on the foreign games permit, the Commission may so enter on the permit the name of a person referred to in subsection (1) or any other person nominated by such a person that the Commission considers appropriate if the person whose name is to be so entered agrees to it in writing provided to the Commission.
(7)  In subsection (6)(b) ,
control action means –
(a) control action under the Corporations Act within the meaning of section 112S(4) ;and
(b) any like action under a corresponding law of another country or part of another country.
(8)  A person whose name is entered on a foreign games permit as substitute foreign games permit holder under subsection (5) or (6) is taken to be the foreign games permit holder for the period of 6 months, or a shorter period specified by the Commission, after the name is so entered.
(9)  If the Commission enters a person's name as substitute foreign games permit holder on a foreign games permit, the person whose name was on the permit as foreign games permit holder is no longer the foreign games permit holder in respect of that permit.
(10)  If the Commission enters a person's name as substitute foreign games permit holder on a foreign games permit under subsection (5) or (6) , it may at the same time amend the permit and give directions in respect of the conduct of business under the permit.