Victorian Consolidated Legislation

Casino Control Act 1991 - SECT 40

Direction to apply for licence

40. Direction to apply for licence



(1) For the purposes of this section, a person has a special relationship with
a casino if, in the opinion of the Commission-

   (a)  the person is associated with the casino operator or is a casino
        employee, and has the power to exercise a significant influence over
        or with respect to operations in the casino; or

   (b)  the person is associated with the casino operator or is a casino
        employee, and it is in the public interest that the person, by reason
        of his or her remuneration or his or her authority in relation to the
        operations in the casino, be licensed as a special employee.

(2) The Commission may by notice in writing given to a person who has a
special relationship with a casino-

   (a)  direct that the association or employment that constitutes the special
        relationship is to be regarded as the exercise by the person of the
        functions of a special employee; and

   (b)  require the person to apply for the appropriate licence within a
        specified period of not less than 7 days.

(3) The association or employment specified in the notice must, for the
purposes of this Part, be regarded as the exercise by the person of the
functions of a special employee as soon as-

   (a)  the period allowed by the direction for the making of an application
        for the appropriate licence expires with no application having been
        made; or

   (b)  (if the application is made within that period) the application is
        determined.

(4) If this section results in a person who has a special relationship with a
casino contravening section 38 (Special employees to be licensed)-

   (a)  the Commission must notify that person and the casino operator of that
        fact; and





   (b)  the person and the casino operator are each guilty of an offence if
        the association or employment that constitutes the contravention is
        not terminated within 24 hours (or such longer period as the
        Commission may allow) after that notice is given.

Penalty: 100 penalty units.

(5) The termination of an association or employment in accordance with this
section may be effected despite any other Act or any law, award or industrial
or other agreement and the State does not incur any liability because of such
a termination.

(6) A function of the Commission under this section may be performed by any
commissioner.