70Decision on application

70  Decision on application

 (1) If the Secretary receives an application for a gambling permission for a gambling activity at an airport made in accordance with section 69, the Secretary must decide:

 (a) whether to grant the gambling permission to the applicant; and

 (b) if the Secretary decides to grant the permission—the conditions that the permission is subject to.

 (2) If the Secretary reasonably needs more information from the applicant to decide the application, the Secretary may ask the applicant in writing to provide the information. The request must state a reasonable time to provide the information.

 (3) If the Secretary does not decide on the application within 30 days after receiving it, the Secretary is taken to have refused the application. However, the period of 30 days does not include any time between the Secretary making a request under subsection (2) and the applicant providing the requested information.

Factors in decision

 (4) In deciding whether to grant a gambling permission for the gambling activity at the airport, the Secretary must have regard to the following:

 (a) how permitting the gambling activity affects the amenity of the airport;

 (b) the extent to which permitting the gambling activity is likely to result in social harm;

 (c) any arrangements the applicant proposes to implement to engage in the gambling activity responsibly and to minimise harm;

 (d) whether the applicant has engaged in a gambling activity at an airport that was not authorised by a gambling permission or an old gambling authority;

 (e) whether the applicant has engaged in a gambling activity at an airport in a way that was not in accordance with the terms of a gambling permission or an old gambling authority;

 (f) whether the applicant has breached a condition of a gambling permission or an old gambling authority;

 (g) whether the applicant has breached a State law relating to gambling and, if so, the nature of the breach.

 (5) In deciding the conditions that the gambling permission is subject to, the Secretary must:

 (a) consider whether it is appropriate to impose different conditions on the permission from the conditions that applied to the previous gambling permission or old gambling authority for the activity at the airport mentioned in subsection 69(1); and

 (b) in considering that question, have regard to the matters mentioned in subsection (4) of this section.

 (6) The Secretary may have regard to any other matter that the Secretary considers relevant when making a decision under this section.

Conditions

 (7) Without limiting the conditions that the Secretary may impose on a gambling permission for a gambling activity at an airport, the Secretary may: