Victorian Consolidated Legislation

Casino Control Act 1991 - SECT 22

Appointment of a manager if licence cancelled or suspended

22. Appointment of a manager if licence cancelled or suspended



(1) If a casino licence is suspended, cancelled or surrendered, the Commission
may, if it is satisfied that it is in the public interest to do so, by
instrument appoint a manager of the casino for the purposes of this section.



(2) In appointing a person to be a manager, the Commission must have regard to
the suitability of the person.



(3) A manager is appointed on such terms and conditions as the Commission
thinks fit.





(4) The appointment of a manager of a casino may be terminated at any time by
the Commission and is terminated by the grant of another casino licence in
respect of the casino.

(5) If the appointment of the manager is terminated, the manager ceases to be
deemed to be the holder of a casino licence.

(6) A manager-

   (a)  is deemed to be the holder of a casino licence on the same terms as
        those on which the casino operator held the licence before its
        cancellation, suspension or surrender, subject to such modifications
        as the Commission determines;

   (b)  assumes full control of and responsibility for the business of the
        casino operator in respect of the casino and may retain for use in the
        casino any property of the casino operator; and

   (c)  must conduct, or cause to be conducted, casino operations in
        accordance with this Act; and

   (d)  has, in connection with the conduct of those operations, all the
        functions of the operator; and

   (e)  may employ such staff as may be required to operate the casino.





(7) The regulations may make provision for or with respect to the functions of
a manager appointed under this section.

(8) The following provisions have effect in respect of the net earnings of a
casino while operations in the casino are being conducted by a manager under
this section-

   (a)  subject to paragraph (b), no payment of net earnings is to be made to
        the former casino operator without the prior approval of the
        Commission;

   (b)  the former casino operator is entitled to a fair rate of return out of
        net earnings (if any) on any property of the former casino operator
        retained by the manager;

   (c)  the Commission may direct that all or any part of net earnings (other
        than that referred to in paragraph (b)) must be paid into the
        Consolidated Fund, with any balance to be paid to the former casino
        operator.

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