Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
section, when a casino gaming licence held by a party to a casino complex
agreement is —
(a)
under section 21B(3)(a) suspended for a period of not less than
90 days, the Minister shall within a period of 7 days of the day of
receipt by him of a request from the specified person; or
(b)
under section 21B(3)(a) or 21C revoked, the Minister shall within a
period of 7 days of the day of that revocation,
appoint a person
nominated by the specified person and approved by the Commission to be the
administrator of the casino concerned.
(2) Subject to this
section, the Minister may on the recommendation of the Commission and shall if
the specified person so requests terminate the appointment of an administrator
appointed under this section and shall, if he does so and the specified person
so requests, appoint on the recommendation of the Commission another person
nominated by the specified person to be the administrator of the casino
concerned in lieu of the administrator whose appointment is terminated.
(3) An administrator
shall operate the licensed casino concerned as the agent of the specified
person or as otherwise provided in —
(a) the
relevant mortgage, charge or other encumbrance; or
(b) any
other relevant agreement approved by the Minister.
(4) An administrator
shall while he holds office as such be deemed to be the holder of a casino
gaming licence in respect of the premises of the casino concerned subject
to —
(a) the
same conditions (with any necessary modifications) as those to which the
casino gaming licence suspended or revoked under section 21B(3)(a) or 21C
is or was subject; and
(b) any
other conditions imposed by the Minister from time to time on the
recommendation of the Commission.
(5) The Commission may
at the request of the specified person approve a person for the purpose of
subsection (1) or (2) in advance of his appointment under that
subsection.
(6) Subject to
subsection (3), an administrator —
(a) may
exercise any of the powers, and shall perform all the functions and duties,
and has all the obligations, conferred or imposed on a casino licensee by or
under this Act or any other Act and any relevant casino complex agreement;
(b) has,
subject to paragraph (a), all the powers necessary or desirable for the
efficient operation of the licensed casino concerned; and
(c)
ceases to hold office when —
(i)
his appointment is terminated under subsection (2);
or
(ii)
in the case of the suspension of a casino gaming licence
under section 21B(3)(a), that suspension ends.
(7) In this
section —
the specified person means —
(a) a
mortgagee or, if there is more than one mortgagee, the mortgagee having
priority over the other mortgagee or mortgagees;
(b) if
there is at the relevant time no mortgagee, a person specified for the
purposes of this definition in an agreement approved by the Minister; or
(c) if
there is at the relevant time neither a mortgagee nor a person specified
within the meaning of paragraph (b), the owner of the casino complex
concerned.
[Section 21E inserted by No. 10 of 1985
s. 31; amended by No. 29 of 1985 s. 12; No. 74 of 1987
s. 25.]