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GAMING CONTROL ACT 1993 - SECT 77V Approval of certain contracts by Commission

GAMING CONTROL ACT 1993 - SECT 77V

Approval of certain contracts by Commission

(1)  In this section –
contract includes any kind of agreement or arrangement;
relevant contract means –
(a) a contract between a venue operator and a monitoring operator; and
(b) a contract between a licensed operator and a manufacturer or supplier listed on the Roll; and
(c) a contract between a totalizator operator and another person under section 76ZZ ; and
(d) a contract between a licensed operator or licensed provider and a person who provides services relating to gaming or a gaming activity; and
(e) a contract between a venue operator and a keno operator; and
(f) a contract of a type prescribed for the purposes of this definition;
standard form contract means –
(a) a relevant contract that is in a form which has been approved by the Commission as a standard form for a relevant contract; and
(b) a relevant contract that is substantially the same as a relevant contract that is in a form which has been approved by the Commission as a standard form for a relevant contract.
(2)  A relevant contract that is not a standard form contract is of no effect unless it has been approved by the Commission.
(3)  The Commission may exempt from the operation of subsection (2) any particular relevant contract and any relevant contract of a particular class of relevant contracts.
(4)  In approving a standard form for a relevant contract or determining whether to grant an approval for the purposes of subsection (2) , the Commission must not approve that standard form or give that approval if, in its opinion, to do so would result in a relevant contract that –
(a) is harsh and unconscionable; or
(b) is not in the public interest; or
(c) jeopardises the integrity and conduct of gaming or gaming activities; or
(d) is in breach of this Act.
(4A)  An approval granted for the purposes of subsection (2) may be subject to such conditions as the Commission considers appropriate.
(4B)  The parties to a relevant contract that has been approved by the Commission under subsection (2) must comply with any conditions of that approval under subsection (4A) .
Penalty:  Fine not exceeding 2 500 penalty units.
(5)  Subsection (2) in its application to relevant contracts of the kind referred to in paragraph (c) of the definition of relevant contract in subsection (1) , applies only to contracts entered into after the commencement of the Gaming Control Amendment Act 2009 .
(6)  The regulations may prescribe conditions to which all or specified relevant contracts, or specified classes of relevant contracts, are subject.
(7)  If the regulations prescribe conditions under subsection (6) that apply in respect of a relevant contract –
(a) the relevant contract, whether entered into before or after the prescribing of the conditions, is taken to contain the conditions; and
(b) if one of the conditions prescribed is inconsistent with another condition of the relevant contract (the contract condition ), the contract condition is, to the extent of the inconsistency, void and unenforceable.