SAIn ForceAct
Authorised Betting Operations Act 2000
Div 6Investigations by Commissioner
Start here
Get a plain-English read of Div 6
Turn the raw legal text into a practical explanation grounded in Authorised Betting Operations Act 2000.
Division 6—Investigations by Commissioner
23—Investigations
(1) The Commissioner must carry out the investigations the Commissioner considers necessary to enable the Commissioner to make an appropriate recommendation or decision on an application under this Part.
(2) The Commissioner must keep under review the continued suitability of each licensee and each licensee's close associates, and carry out the investigations the Commissioner considers necessary for that purpose.
(3) The Commissioner may obtain from the Commissioner of Police such reports on persons as the Commissioner considers necessary for the purposes of investigations.
24—Investigative powers
(1) The Commissioner may, by written notice—
(a) require any person to provide to the best of the person's knowledge and belief, information, verified by statutory declaration, on matters relevant to an investigation that are specified in the notice; or
(b) require any person to appear before the Commissioner for examination on matters relevant to an investigation; or
(c) require any person to produce to the Commissioner, within a period stated in the notice, documents or other material relevant to an investigation.
(2) The Commissioner may also require any person whose suitability to be concerned in or associated with a licensed business is under investigation to submit to the taking of photographs, finger prints and palm prints.
(3) A person is guilty of an offence if the person—
(a) fails to comply with a requirement made by the Commissioner under this section; or
(b) having appeared for examination before the Commissioner, refuses or fails to take an oath, or to answer a question to the best of the person's knowledge and belief, when required to do so by the Commissioner.
(4) The powers conferred by this section are in addition to those conferred by the Gambling Administration Act 2019.
25—Costs of investigation
(1) If the Commissioner carries out an investigation under this Part, the Commissioner must require—
(a) in the case of an investigation in connection with an application—the applicant; or
(b) in the case of an investigation in connection with review of the continued suitability of a licensee or a licensee's close associates—the licensee,
to meet the cost of the investigation.
(2) The Commissioner may require the applicant or licensee to make specified payments towards the costs of the investigation before the investigation begins and during the course of the investigation.
(3) If a payment is not made by an applicant as required by the Commissioner, the Commissioner may discontinue the investigation.
(4) At the end of the investigation, the Commissioner must certify the cost of the investigation and any unpaid balance of that cost may be recovered from the applicant or licensee as a debt due to the State.
(5) In proceedings for recovery of the cost (or the balance of the cost) of an investigation, the Commissioner's certificate is to be regarded as conclusive evidence of that cost.
(6) This section does not apply in relation to an application for approval of a person to become a designated person in relation to a licensee.
26—Results of investigation
If the Commissioner carries out an investigation under this Part, the Commissioner must notify the following persons of the results of the investigation:
(a) the Minister;
(b) in the case of an investigation in connection with an application—the applicant;
(c) in the case of an investigation in connection with review of the continued suitability of a licensee or a licensee's close associates—the licensee.