Part 7Power to deal with default

Part 7—Power to deal with default Division 6—Official management 63—Power to appoint manager (1) If the casino licence— (a) is suspended, cancelled or surrendered; or (b) expires and is not renewed, the Minister may, on the recommendation of the Commissioner, appoint an official manager of the business conducted under the licence. (2) If the licensee— (a) becomes insolvent within the meaning of Part 7.10 of the Corporations Act 2001 of the Commonwealth; or (b) goes into liquidation, the Minister may, on the recommendation of the Commissioner, appoint an official manager of the business conducted under the licence. (2a) Before making a recommendation under subsection (1) or (2), the Commissioner must consult with the Commissioner of Police and must allow the Commissioner of Police a reasonable opportunity to make representations in relation to the appointment of a person as an official manager. (2b) The Commissioner of Police must make available to the Commissioner information about criminal convictions and other information to which the Commissioner of Police has access relevant to the appointment of a person as an official manager under subsection (1) or (2). (3) An appointment under subsection (1) or (2) may be terminated at any time by the Minister. (4) The approved licensing agreement may contain provisions governing the basis on which the Minister's powers are to be exercised under this section. 64—Powers of manager (1) The official manager— (a) is to assume control of the business conducted under the licence (or former licence); and (b) is entitled to possession and control of property of the licensee (or former licensee) used for the purposes of the business conducted under the licence; and (c) is, while the appointment continues in force, taken to be the holder of a licence on conditions determined by the Commissioner. (2) Any proceeds of the business while under official management are to be applied as follows— (a) first, a reasonable rental for the licensee's (or former licensee's) property is to be paid out of the proceeds to the licensee (or former licensee) while the property remains in the official manager's possession; and (b) secondly, the proceeds are to be applied towards the costs of official management (including the official manager's remuneration); and (c) thirdly, any remaining balance is to be paid into the Consolidated Account. (3) However, the approved licensing agreement may operate to exclude or modify the provisions of subsection (2). (4) The regulations may confer powers and impose duties on official managers and regulate official management in other ways. Division 7—Administrators, controllers and liquidators 64A—Administrators, controllers and liquidators (1) If an administrator, controller or liquidator of the licensee assumes control over the casino business for a period (the period of administration) that person— (a) stands in the position of the licensee for the period of administration; and (b) is liable for the casino duty and other liabilities to the Crown accruing during the period of administration; and (c) is subject to this Act, and liable to direction and control under this Act, in the same way as if the person were the licensee; and (d) if charged with an offence against this Act, is entitled to a defence on proof that the offence was not committed intentionally and did not arise from the defendant's failure to take reasonable care to avoid the commission of the offence. (2) For the purposes of subsection (1), an administrator, controller or liquidator will only be regarded as being in control of the casino business if in control of all or substantially all of the business assets associated with the operation of the casino. (3) An administrator, controller or liquidator must, within 7 days after assuming control over the casino business, notify the Commissioner of that fact.