Victorian Consolidated Legislation

Casino Control Act 1991 - SECT 20

Cancellation, suspension or variation of casino licence

20. Cancellation, suspension or variation of casino licence



(1) In this section-

disciplinary action means the cancellation or suspension of a casino licence,
the issuing of a letter of censure, the variation of the terms of a casino
licence or the imposition of a fine not exceeding $1 000 000;

grounds for disciplinary action in relation to a casino licence means any of
the following grounds-

   (a)  that the licence was improperly obtained in that, at the time the
        licence was granted, there were grounds for refusing it;

   (b)  that the casino operator, a person in charge of the casino, an agent
        of the casino operator or a casino employee has contravened a
        provision of this Act or a condition of the licence;

   (c)  that the casino premises are, for specified reasons, no longer
        suitable for the conduct of casino operations;

   (d)  the casino operator is, for specified reasons, considered to be no
        longer a suitable person to hold the licence;

   (da) the casino operator has failed to comply with a direction under
        section 28A(5) within the time referred to in that subsection to
        terminate an association with an associate;

   (db) that there have been repeated breaches by the casino operator of the
        casino operator's Responsible Gambling Code of Conduct;

   (e)  for specified reasons, it is considered to be no longer in the public
        interest that the licence should remain in force.

(2) The Commission may serve on a casino operator a notice in writing
affording the casino operator an opportunity to show cause within 14 days why
disciplinary action should not be taken on grounds for disciplinary action
specified in the notice.

(3) The casino operator, within the period allowed by the notice, may arrange
with the Commission for the making of submissions to the Commission as to why
disciplinary action should not be taken and the Commission must consider any
submissions so made.

(4) The Commission may then take disciplinary action against the casino
operator as the Commission sees fit and does so by giving written notice to
the casino operator-

   (a)  of the cancellation or suspension of the casino licence, the variation
        of the terms of the licence or the imposition of the fine; or

   (b)  in the form of a letter of censure; or





   (c)  any combination of the sanctions referred to in paragraph (a) or
        paragraphs (a) and (b).



(5) The cancellation, suspension or variation of a casino licence under this
section takes effect when the notice is given or on a later date specified in
the notice.

(6) A letter of censure may censure the casino operator in respect of any
matter connected with the operation of the casino and may include a direction
to the casino operator to rectify within a specified time any matter giving
rise to the letter of censure.

(7) If any direction given under subsection (6) is not complied with in the
specified time, the Commission may by giving written notice to the casino
operator, cancel, suspend or vary the terms of the casino licence or impose a
fine not exceeding $1 000 000 without affording the casino operator a further
opportunity to be heard.

(8) A casino licence is of no effect for the purposes of section 6 while it is
suspended but the suspension does not affect its operation for any other
purpose.

(9) A fine imposed under this section may be recovered as a debt due to the
State.

(10) A member of the Commission who has participated in consideration of
disciplinary action is not prevented by that reason alone from considering
whether further disciplinary action should be taken.