Western Australian Consolidated Acts

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CASINO CONTROL ACT 1984 - SECT 21

21 .         Application for casino gaming licence

        (1)         A public company which is a party to a casino complex agreement and wishes to obtain a casino gaming licence in respect of the relevant casino (in this section called the applicant ) may lodge with the Commission its application for that casino gaming licence, together with — 

            (a)         an application fee of $5 000 or such other amount as is prescribed;

            (b)         such information relating to — 

                  (i)         that application; and

                  (ii)         the question whether or not the applicant has complied with the preliminary requirements,

                as is prescribed and as the Commission requires; and

            (c)         if the Commission so requires, the consent in writing of any person who is — 

                  (i)         believed by the Commission; or

                  (ii)         known to the applicant,

                to be associated with the applicant in some way to the obtaining by the Commission of such information concerning the background of that person as the Commission requires.

        (2)         On receiving an application made under subsection (1), the Commission shall — 

            (a)         carry out such investigations as it considers necessary or desirable to inform itself whether or not the applicant has complied with the preliminary requirements; and

            (b)         submit a copy of that application, together with its opinion on whether or not the applicant has complied with the preliminary requirements, to the Minister.

        (3)         On receiving a copy of an application and the opinion of the Commission submitted to him under subsection (2) or resubmitted to him under subsection (4)(b), the Minister shall —

            (a)         subject to an undertaking referred to in section 19(1) and if the applicant has complied with the preliminary requirements, approve of that application subject to such conditions as are set out in the casino complex agreement and to such additional conditions, if any, as are agreed between the Minister and the applicant;

            (b)         if the applicant has not complied with the preliminary requirements but will in the opinion of the Minister be able to comply with them within such period as the Minister considers reasonable, defer consideration of that application for that period; or

            (c)         if the applicant has not complied with the preliminary requirements and will not in the opinion of the Minister be able to comply with them within such period as the Minister considers reasonable, refuse to consider that application,

                and shall advise the Commission accordingly.

        (4)         On being advised by the Minister under subsection (3), the Commission shall — 

            (a)         if the Minister approves of the application concerned, grant to the applicant the casino gaming licence concerned, subject to the same conditions as those to which that approval is subject, and specify those conditions in that casino gaming licence;

            (b)         if the Minister defers consideration of the application concerned for a period, resubmit that application, together with its opinion on whether or not the applicant has complied with the preliminary requirements, to him at the conclusion of the period; or

            (c)         if the Minister refuses to approve of the application concerned, refuse to grant that application,

                and shall advise the applicant accordingly.

        (4a)         Subject to subsection (4b), the Commission may with the approval of the Minister by notice published in the Gazette  — 

            (a)         fix the area to which a casino gaming licence relates; or

            (b)         alter an area fixed under this subsection.

        (4b)         The Commission shall not, without the consent of the relevant casino licensee, reduce under subsection (4a) the area to which a casino gaming licence relates.

        (4c)         Without limiting subsection (4a), the area to which a casino gaming licence relates may be fixed or altered under that subsection for specified purposes relating to the conduct and playing of one or more specified authorised games in one or more specified areas of the relevant casino complex.

        (5)         A casino gaming licence remains in force until it is suspended or revoked under section 21B(3) or 21C or surrendered under section 21D.

        (6)         In this section — 

        specified , in relation to a notice under subsection (4a), means specified in the notice;

        the preliminary requirements means those provisions of the relevant casino complex agreement with which the applicant is required by that casino complex agreement to comply before a casino gaming licence can be granted to the applicant in respect of the casino concerned.

        [Section 21 inserted by No. 10 of 1985 s. 31; amended by No. 29 of 1985 s. 11; No. 44 of 1987 s. 12; No. 74 of 1987 s. 22; No. 24 of 1998 s. 15.]



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