Part 3Applications for grant or transfer of licence

Part 3—Applications for grant or transfer of licence Division 1—Eligibility to apply 19—Eligibility of applicants An applicant for the grant or transfer of the casino licence must be a body corporate. Division 2—Making of applications 20—Applications (1) Applications for the grant, renewal or transfer of the casino licence are to be made to the Commissioner. (2) An application— (a) must be in the form required by the Commissioner; and (b) in the case of an application for the transfer of the licence—must be made jointly by the proposed transferor and transferee; and (c) must be supported by the information required by the Commissioner. (3) If a change of circumstances occurs after an application is made but before it is determined, the applicant must immediately give the Commissioner full details of the change. Maximum penalty: $75 000. (4) An applicant for a licence may withdraw the application at any time and, in the case of an application for the transfer of a licence, either party to the application may withdraw the application at any time. Division 3—The Commissioner's recommendation 21—Suitability of applicant for grant, renewal or transfer of casino licence (1) The Commissioner must not recommend the grant or renewal of the casino licence unless satisfied that the applicant is a suitable person to operate the casino. (2) If the Commissioner is satisfied that two or more applicants would be suitable persons to operate the casino, the Commissioner may recommend to the Governor that a choice be made between those applicants (but a recommendation need not be delayed until the Commissioner has assessed all applications). (3) The Commissioner must not recommend the transfer of the casino licence unless satisfied that the applicant that is the proposed transferee is a suitable person to operate the casino. (4) In assessing the suitability of an applicant, the Commissioner may have regard to— (a) the applicant's corporate structure; and (b) the extent of the applicant's financial resources and whether they are suitable and adequate to ensure the financial stability of the casino; and (c) the applicant's financial background; and (d) the extent of the applicant's business acumen and experience and, in particular, whether the applicant's business experience would suggest that it could operate the casino successfully; and (e) the applicant's reputation; and (f) the character, reputation, and financial background of the applicant's close associates; and (g) any representations made by the Minister; and (h) any other matters the Commissioner thinks fit. (5) In considering an application for a casino licence (other than an application for the first grant of a licence after the commencement of this Act), the Commissioner may have regard to— (a) the nature and standard of the casino premises and the facilities to be provided by, or in conjunction with, the casino; and (b) the likely impact of the casino on tourism, employment and economic development in the region in which the casino is (or is to be) located. Division 4—Investigations by the Commissioner 22—Investigations (1) The Commissioner must carry out the investigations and make the inquiries it considers necessary to enable it to make an appropriate recommendation on an application under this Part. (2) The Commissioner must keep under review the continued suitability of the licensee and the licensee's close associates, and carry out the investigations it considers necessary for that purpose. (3) The Commissioner may obtain from the Commissioner of Police such reports on persons as it considers necessary for the purposes of investigations and must, for the purposes of an investigation into an application under this Part, obtain from the Commissioner of Police a report on anyone whose suitability to be concerned in or associated with the management and operation of the casino is to be assessed by the Commissioner. 23—Investigative powers (1) The Commissioner may, by notice in writing— (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 the investigation that are specified in the notice; or (b) require any person to appear before the Commissioner for examination on matters relevant to the investigation; or (c) require any person to produce to the Commissioner, within a period stated in the notice, documents or other material relevant to the investigation. (2) The Commissioner may also require any person whose suitability to be concerned in or associated with the management and operation of the casino 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. Maximum penalty: $100 000. (4) The powers conferred by this section are in addition to those conferred in the Gambling Administration Act 1995. 24—Results of investigation (1) 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 the licensee or the licensee's close associates—the licensee. (2) The Commissioner is not obliged to give reasons to an applicant for a recommendation that the application should be granted or rejected. Division 5—Costs of investigation 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 the licensee or the 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. Division 6—Governor not bound by Commissioner's recommendation 26—Governor not bound The Governor is not bound to act in accordance with the Commissioner's recommendation.