Western Australian Consolidated Acts Western Australian Consolidated Acts (1) On receiving a
report and recommendations made under section 21A(4) or as a result of an
inquiry carried out pursuant to a direction given under section 21A(5),
the Minister shall, if he is of the opinion that he should exercise any of the
powers conferred on him by subsection (3) in respect of the licensed
casino concerned, cause to be served on the casino licensee of that licensed
casino and on any other person who is considered by the Minister to be likely
to be affected by the exercise of that power a notice in
writing —
(a)
specifying the reasons for his opinion and which of those powers he proposes
to exercise; and
(b)
requiring that casino licensee and any other such person to show cause in
writing within a period of 14 days after the date of that service why the
power specified in that notice should not be exercised.
(2) A person on whom a
notice has been served under subsection (1) shall within the period of
14 days after the date of that service serve on the Minister a submission
in writing showing cause why the power specified in that notice should not be
exercised.
(3) After receiving
and considering each submission served on him under subsection (2) within
the period referred to in that subsection or, if no submission is so served,
within a period of 21 days after having caused the relevant notice, or
the later or last of the relevant notices, as the case requires, to be served
under subsection (1), the Minister may, subject to subsection (4)
and if he considers it in the public interest to do so —
(aa)
serve a letter of censure on the casino licensee concerned;
(a) with
the prior approval of the Governor, suspend for such period as he thinks fit,
or revoke, the casino gaming licence of the casino licensee concerned;
(b)
serve notice of termination on the parties to any agreement (other than a
casino complex agreement) relating to the management or operation of the
casino complex concerned or any part thereof, including the premises of the
licensed casino concerned, to which agreement the casino licensee concerned is
a party, whereupon that agreement is by force of this subsection terminated;
or
(c) with
the prior approval of the Governor, order the casino licensee concerned to pay
a monetary penalty fixed by the Minister but not exceeding $100 000.
(4) The Minister shall
not exercise a power conferred on him by subsection (3) unless that power
was specified in the relevant notice served under subsection (1).
(5) The Minister may
recover a penalty imposed under subsection (3)(c) in a court of competent
jurisdiction as a debt due by the casino licensee concerned to the Crown.
(6) A certificate
signed by the Minister specifying the amount of a penalty imposed under
subsection (3)(c) and that the amount has not been paid is evidence that
the amount so specified is payable in accordance with this Act and has not
been paid.
[Section 21B inserted by No. 10 of 1985
s. 31; amended by No. 74 of 1987 s. 24; No. 24 of 1998
s. 17.]