sec.31Disciplinary action

### sec.31 Disciplinary action A ground for taking disciplinary action against a casino entity arises if any of the following happens— the entity contravenes a provision of this Act; the entity is convicted of an indictable offence punishable by imprisonment for 12 months or more regardless of whether— the offence is also punishable by a fine, in addition to or as an alternative to the punishment by imprisonment; or the conviction is recorded; the entity contravenes a condition of the relevant casino licence the entity is required to comply with; the entity fails to comply with any term or condition of the agreement as referred to in section 19 pursuant to which the relevant casino licence was granted, which term or condition is binding on the entity; the entity or any director, partner, trustee, executive officer, secretary or other officer or person determined by the Minister associated or connected with the ownership, administration or management of the entity’s operations or business is not or ceases to be at any time whilst the relevant casino licence is in force a suitable person to be so associated or connected as aforesaid having regard to those matters specified in section 20 or 26 applicable to the person; because of an investigation carried out or a review carried out under part 9 , division 3B , the Governor in Council or Minister is not satisfied that— the entity is a suitable person to be associated or connected with the management and operations of a hotel-casino complex or casino; or a person, associated or connected with the ownership, administration or management of the operations or business of the entity is a suitable person to be associated or connected with the management and operations of a hotel-casino complex or casino; the entity fails to comply with a written direction given to the entity by the Minister or chief executive under this Act and— the entity is required under this Act to comply with the direction; and the Minister believes the failure to comply with direction may jeopardise the integrity of the operation of the casino or adversely affect the interests of the public; the entity is required under this Act to give information to the Minister, the chief executive or an inspector and gives information that is, to the entity’s knowledge, false or incorrect; the entity fails to discharge financial commitments, becomes bankrupt or compounds with creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy or is the subject of a winding up, either voluntarily or pursuant to court order, appointment of a liquidator, appointment of a receiver or receiver and manager or is placed under official management and an official manager appointed pursuant to the provisions of the Corporations Act or corresponding legislation of the Commonwealth or of any other State or of any Territory. Also, a ground for taking disciplinary action against a casino licensee arises if the land used for the hotel-casino complex ceases to be held by the licensee in freehold or under a lease from the State, other than because of an assignment referred to in section 32 . If the Minister believes a ground has arisen for taking disciplinary action against a casino entity and the initiating incident is likely to be sufficiently addressed only by taking disciplinary action against the entity, the Minister must— give a show cause notice to the casino entity and to each other casino entity for the same casino licence; and give a copy of the show cause notice to any other person who, in the Minister’s opinion, has an interest in the casino licence. However, if the Minister is satisfied the initiating incident may be sufficiently addressed by a letter of censure, the Minister may give the casino entity a letter of censure censuring the entity for the incident without taking further action under this section. A show cause notice for taking disciplinary action against a casino entity is a written notice that— states each of the grounds giving rise to the disciplinary action; and describes the initiating incident for the disciplinary action; and states that the entity must show cause as to why the disciplinary action should not be taken (a response ); and states that the response must be made in writing and given to the Minister; and states the last day, not earlier than 21 days after the notice is given to the entity, by which a response may be given to the Minister (a response period ). A person given a copy of a show cause notice under subsection (3) (b) may make a written submission to the Minister about the matters stated in the notice before the end of the response period for the notice. If the Minister gives a casino entity a show cause notice, the Minister— must consider— all responses to the notice made before the end of the response period; and if the Minister gives a person a copy of the notice under subsection (3) (b) —all submissions for the notice properly made under subsection (6) ; and may consider a response or submission mentioned in paragraph (a) that the Minister received after the end of the response period for the relevant show cause notice. The show cause process for taking disciplinary action against a casino entity for an initiating incident concludes if— the Minister finishes considering— the responses and submissions the Minister must consider under subsection (7) (a) ; and the responses and submissions the Minister did consider under subsection (7) (b) ; or the Minister has not received any responses or submissions the Minister must consider under subsection (7) (a) and the Minister did not consider any other responses or submissions under subsection (7) (b) . If, at the conclusion of the show cause process, the Minister considers taking disciplinary action against a casino entity for the relevant initiating incident is not warranted, the Minister must take no further disciplinary action against the entity for the incident. If, at the conclusion of the show cause process, the Minister considers taking disciplinary action against a casino entity for the relevant initiating incident is warranted, the Minister must decide to— take 1 or more of the following actions— give a letter of censure to the entity censuring the entity in relation to any matter connected with the incident; give the entity a written direction the Minister considers appropriate to ensure any matter connected with the incident is rectified within the period stated in the direction; direct the entity to pay to the State a pecuniary penalty of not more than $5m before a stated date; or recommend the Governor in Council take 1 or more of the following actions— the relevant casino licence be cancelled or suspended; the casino lease or casino management agreement for the relevant casino licence be suspended or terminated; the entity pay to the State a pecuniary penalty of not more than $100m; a special manager be appointed for the entity. If the Minister makes a recommendation to the Governor in Council under subsection (9) (b) , the Minister must give the Governor in Council— a copy of each show cause notice relevant to the recommendation; and all responses and submissions, relevant to the recommendation, that the Minister considered under subsection (7) . If the Minister makes a recommendation to the Governor in Council under subsection (9) (b) and gives the Governor in Council the documents required under subsection (10) , the Governor in Council must consider the recommendation and the documents. After considering a recommendation about taking disciplinary action against a casino entity for an initiating incident, and the documents required to be considered under subsection (11) , the Governor in Council must decide to— take no further disciplinary action against the entity for the incident; or take 1 or more of the following actions— cause a letter of censure to be given to the entity censuring the entity in relation to any matter connected with the incident; give, or cause to be given, to the entity a written direction that the Governor in Council considers appropriate to ensure that any matter connected with the incident is rectified within a period stated in the direction; unless a receiver and manager has been appointed pursuant to section 32 , appoint an administrator subject to the terms and conditions decided by the Governor in Council; order the entity to pay to the State a pecuniary penalty of not more than $100m before a stated date; take action under subsection (15) , if the Governor in Council is satisfied of the circumstances mentioned in that subsection for the relevant casino licence, casino lease or casino management agreement; appoint a special manager for the entity. A letter of censure issued under this section— becomes a permanent part of the records of the department about a casino entity; and may be published on the department’s website. An administrator appointed by the Governor in Council pursuant to subsection (12) (b) (iii) shall— assume full control of and responsibility for the business of the casino licensee in respect of the hotel-casino complex for the casino; conduct or cause to be conducted casino operations in accordance with this Act. The appointment as administrator shall be determined by the appointment of a receiver and manager or an assignment of the casino licence pursuant to section 32 . Notwithstanding any other provision of this Act, the Governor in Council, if the Governor in Council considers in the Governor in Council’s absolute discretion that the circumstances are so extraordinary that it is imperative in the public interest to do so, may cancel the casino licence or suspend it for such period as the Governor in Council thinks fit or direct the suspension or termination of the casino lease or casino management agreement. A decision by the Governor in Council to cancel or suspend a casino licence— shall be effective on and from a date and time of day determined by the Governor in Council; and in the case of suspension of a casino licence—shall be for such period as the Governor in Council thinks fit; and shall be notified in writing by the Minister to the casino licensee and, where there is also a lessee or casino operator as aforesaid, to such lessee or casino operator. Subsections (16B) and (16C) apply if— the Governor in Council decides under subsection (12) to take any of the following disciplinary action against a casino entity— suspend or cancel a casino licence; direct the suspension or termination of a casino lease; direct the suspension or termination of a casino management agreement; and a special manager is appointed for the casino entity. Before the suspension, cancellation or termination takes effect, the Governor in Council may, on the recommendation of the Minister, take the following action by giving written notice of the action to the casino entity— change the day the suspension, cancellation or termination takes effect; if the Governor in Council is satisfied the suspension, cancellation or termination is no longer required because of the remediation of the management and operations of the entity—rescind the suspension, cancellation or termination to stop it taking effect. Before making a recommendation mentioned in subsection (16B) , the Minister must— consult the special manager about the proposed recommendation; and have regard to the implementation of the casino entity’s plan for the remediation of the management and operations of the entity. If a casino licence, casino lease or casino management agreement is suspended under this section, the Governor in Council, after first considering a recommendation by the Minister relating to the matter, may at any time cancel the balance of the period of suspension still to run or reduce the period of suspension still to run by a period stipulated by the Governor in Council. A suspension of a casino licence shall, while it remains in force, have the same effect as a cancellation of such licence without prejudice to any penal or other liability actually incurred by the casino licensee, a lessee under a casino lease or a casino operator under a casino management agreement or to the exercise of the powers of the Minister, the chief executive or any inspector under this Act. The Governor in Council’s direction referred to in subsection (15) shall be given in writing to the parties to the lease or agreement and shall specify a date on which the lease or agreement is suspended or terminated under this Act if not sooner terminated. The lease or agreement, if not sooner terminated by the parties thereto, is suspended or terminated by force of this Act on the date specified in the direction in that behalf. The suspension or termination of the lease or agreement by force of this Act does not affect the rights and obligations of the parties thereto up to the time of such suspension or termination. No liability for breach of the lease or agreement attaches to any party thereto by reason only of its termination by force of this Act. In fixing the amount of a pecuniary penalty to be imposed on a casino entity under this section the Governor in Council or Minister— must consider the following matters— the nature and extent of the initiating incident; whether the initiating incident undermines the objects of this Act; any loss or damage caused to the State or the public by the initiating incident; whether any disciplinary action has been taken against the entity before; the seriousness of the grounds for taking the disciplinary action; and may consider any other matter the Governor in Council or Minister considers relevant. The amount of a pecuniary penalty imposed on a casino entity under this section is a debt payable by the entity to the State. To remove any doubt, it is declared that the cancellation or suspension of a casino licence, or suspension or termination of a casino lease or casino management agreement, does not relieve a casino entity of an obligation to pay a pecuniary penalty imposed under this section. A decision by the Governor in Council made under this section is final and conclusive and shall not be appealed against, reviewed, quashed or in any way called in question in any court on any account whatsoever. This section applies despite the Corporations Act . In this section— casino entity means— a casino licensee; the lessee under a casino lease; the casino operator under a casino management agreement. initiating incident , in relation to disciplinary action, means the act or omission that forms the basis of the grounds for taking the disciplinary action. s 31 amd 1995 No. 6 s 2 sch ; 2001 No. 45 s 29 sch s 2 – 3 ; 2002 No. 43 s 112 sch 2 ; 2003 No. 26 s 18 sch ; 2004 No. 21 ss 4B , 123 sch ; 2016 No. 17 s 78 ; 2022 No. 23 s 9 ; 2024 No. 10 s 9 (sec.31-ssec.1) A ground for taking disciplinary action against a casino entity arises if any of the following happens— the entity contravenes a provision of this Act; the entity is convicted of an indictable offence punishable by imprisonment for 12 months or more regardless of whether— the offence is also punishable by a fine, in addition to or as an alternative to the punishment by imprisonment; or the conviction is recorded; the entity contravenes a condition of the relevant casino licence the entity is required to comply with; the entity fails to comply with any term or condition of the agreement as referred to in section 19 pursuant to which the relevant casino licence was granted, which term or condition is binding on the entity; the entity or any director, partner, trustee, executive officer, secretary or other officer or person determined by the Minister associated or connected with the ownership, administration or management of the entity’s operations or business is not or ceases to be at any time whilst the relevant casino licence is in force a suitable person to be so associated or connected as aforesaid having regard to those matters specified in section 20 or 26 applicable to the person; because of an investigation carried out or a review carried out under part 9 , division 3B , the Governor in Council or Minister is not satisfied that— the entity is a suitable person to be associated or connected with the management and operations of a hotel-casino complex or casino; or a person, associated or connected with the ownership, administration or management of the operations or business of the entity is a suitable person to be associated or connected with the management and operations of a hotel-casino complex or casino; the entity fails to comply with a written direction given to the entity by the Minister or chief executive under this Act and— the entity is required under this Act to comply with the direction; and the Minister believes the failure to comply with direction may jeopardise the integrity of the operation of the casino or adversely affect the interests of the public; the entity is required under this Act to give information to the Minister, the chief executive or an inspector and gives information that is, to the entity’s knowledge, false or incorrect; the entity fails to discharge financial commitments, becomes bankrupt or compounds with creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy or is the subject of a winding up, either voluntarily or pursuant to court order, appointment of a liquidator, appointment of a receiver or receiver and manager or is placed under official management and an official manager appointed pursuant to the provisions of the Corporations Act or corresponding legislation of the Commonwealth or of any other State or of any Territory. (sec.31-ssec.2) Also, a ground for taking disciplinary action against a casino licensee arises if the land used for the hotel-casino complex ceases to be held by the licensee in freehold or under a lease from the State, other than because of an assignment referred to in section 32 . (sec.31-ssec.3) If the Minister believes a ground has arisen for taking disciplinary action against a casino entity and the initiating incident is likely to be sufficiently addressed only by taking disciplinary action against the entity, the Minister must— give a show cause notice to the casino entity and to each other casino entity for the same casino licence; and give a copy of the show cause notice to any other person who, in the Minister’s opinion, has an interest in the casino licence. (sec.31-ssec.4) However, if the Minister is satisfied the initiating incident may be sufficiently addressed by a letter of censure, the Minister may give the casino entity a letter of censure censuring the entity for the incident without taking further action under this section. (sec.31-ssec.5) A show cause notice for taking disciplinary action against a casino entity is a written notice that— states each of the grounds giving rise to the disciplinary action; and describes the initiating incident for the disciplinary action; and states that the entity must show cause as to why the disciplinary action should not be taken (a response ); and states that the response must be made in writing and given to the Minister; and states the last day, not earlier than 21 days after the notice is given to the entity, by which a response may be given to the Minister (a response period ). (sec.31-ssec.6) A person given a copy of a show cause notice under subsection (3) (b) may make a written submission to the Minister about the matters stated in the notice before the end of the response period for the notice. (sec.31-ssec.7) If the Minister gives a casino entity a show cause notice, the Minister— must consider— all responses to the notice made before the end of the response period; and if the Minister gives a person a copy of the notice under subsection (3) (b) —all submissions for the notice properly made under subsection (6) ; and may consider a response or submission mentioned in paragraph (a) that the Minister received after the end of the response period for the relevant show cause notice. (sec.31-ssec.7A) The show cause process for taking disciplinary action against a casino entity for an initiating incident concludes if— the Minister finishes considering— the responses and submissions the Minister must consider under subsection (7) (a) ; and the responses and submissions the Minister did consider under subsection (7) (b) ; or the Minister has not received any responses or submissions the Minister must consider under subsection (7) (a) and the Minister did not consider any other responses or submissions under subsection (7) (b) . (sec.31-ssec.8) If, at the conclusion of the show cause process, the Minister considers taking disciplinary action against a casino entity for the relevant initiating incident is not warranted, the Minister must take no further disciplinary action against the entity for the incident. (sec.31-ssec.9) If, at the conclusion of the show cause process, the Minister considers taking disciplinary action against a casino entity for the relevant initiating incident is warranted, the Minister must decide to— take 1 or more of the following actions— give a letter of censure to the entity censuring the entity in relation to any matter connected with the incident; give the entity a written direction the Minister considers appropriate to ensure any matter connected with the incident is rectified within the period stated in the direction; direct the entity to pay to the State a pecuniary penalty of not more than $5m before a stated date; or recommend the Governor in Council take 1 or more of the following actions— the relevant casino licence be cancelled or suspended; the casino lease or casino management agreement for the relevant casino licence be suspended or terminated; the entity pay to the State a pecuniary penalty of not more than $100m; a special manager be appointed for the entity. (sec.31-ssec.10) If the Minister makes a recommendation to the Governor in Council under subsection (9) (b) , the Minister must give the Governor in Council— a copy of each show cause notice relevant to the recommendation; and all responses and submissions, relevant to the recommendation, that the Minister considered under subsection (7) . (sec.31-ssec.11) If the Minister makes a recommendation to the Governor in Council under subsection (9) (b) and gives the Governor in Council the documents required under subsection (10) , the Governor in Council must consider the recommendation and the documents. (sec.31-ssec.12) After considering a recommendation about taking disciplinary action against a casino entity for an initiating incident, and the documents required to be considered under subsection (11) , the Governor in Council must decide to— take no further disciplinary action against the entity for the incident; or take 1 or more of the following actions— cause a letter of censure to be given to the entity censuring the entity in relation to any matter connected with the incident; give, or cause to be given, to the entity a written direction that the Governor in Council considers appropriate to ensure that any matter connected with the incident is rectified within a period stated in the direction; unless a receiver and manager has been appointed pursuant to section 32 , appoint an administrator subject to the terms and conditions decided by the Governor in Council; order the entity to pay to the State a pecuniary penalty of not more than $100m before a stated date; take action under subsection (15) , if the Governor in Council is satisfied of the circumstances mentioned in that subsection for the relevant casino licence, casino lease or casino management agreement; appoint a special manager for the entity. (sec.31-ssec.13) A letter of censure issued under this section— becomes a permanent part of the records of the department about a casino entity; and may be published on the department’s website. (sec.31-ssec.14) An administrator appointed by the Governor in Council pursuant to subsection (12) (b) (iii) shall— assume full control of and responsibility for the business of the casino licensee in respect of the hotel-casino complex for the casino; conduct or cause to be conducted casino operations in accordance with this Act. (sec.31-ssec.14A) The appointment as administrator shall be determined by the appointment of a receiver and manager or an assignment of the casino licence pursuant to section 32 . (sec.31-ssec.15) Notwithstanding any other provision of this Act, the Governor in Council, if the Governor in Council considers in the Governor in Council’s absolute discretion that the circumstances are so extraordinary that it is imperative in the public interest to do so, may cancel the casino licence or suspend it for such period as the Governor in Council thinks fit or direct the suspension or termination of the casino lease or casino management agreement. (sec.31-ssec.16) A decision by the Governor in Council to cancel or suspend a casino licence— shall be effective on and from a date and time of day determined by the Governor in Council; and in the case of suspension of a casino licence—shall be for such period as the Governor in Council thinks fit; and shall be notified in writing by the Minister to the casino licensee and, where there is also a lessee or casino operator as aforesaid, to such lessee or casino operator. (sec.31-ssec.16A) Subsections (16B) and (16C) apply if— the Governor in Council decides under subsection (12) to take any of the following disciplinary action against a casino entity— suspend or cancel a casino licence; direct the suspension or termination of a casino lease; direct the suspension or termination of a casino management agreement; and a special manager is appointed for the casino entity. (sec.31-ssec.16B) Before the suspension, cancellation or termination takes effect, the Governor in Council may, on the recommendation of the Minister, take the following action by giving written notice of the action to the casino entity— change the day the suspension, cancellation or termination takes effect; if the Governor in Council is satisfied the suspension, cancellation or termination is no longer required because of the remediation of the management and operations of the entity—rescind the suspension, cancellation or termination to stop it taking effect. (sec.31-ssec.16C) Before making a recommendation mentioned in subsection (16B) , the Minister must— consult the special manager about the proposed recommendation; and have regard to the implementation of the casino entity’s plan for the remediation of the management and operations of the entity. (sec.31-ssec.17) If a casino licence, casino lease or casino management agreement is suspended under this section, the Governor in Council, after first considering a recommendation by the Minister relating to the matter, may at any time cancel the balance of the period of suspension still to run or reduce the period of suspension still to run by a period stipulated by the Governor in Council. (sec.31-ssec.18) A suspension of a casino licence shall, while it remains in force, have the same effect as a cancellation of such licence without prejudice to any penal or other liability actually incurred by the casino licensee, a lessee under a casino lease or a casino operator under a casino management agreement or to the exercise of the powers of the Minister, the chief executive or any inspector under this Act. (sec.31-ssec.19) The Governor in Council’s direction referred to in subsection (15) shall be given in writing to the parties to the lease or agreement and shall specify a date on which the lease or agreement is suspended or terminated under this Act if not sooner terminated. (sec.31-ssec.20) The lease or agreement, if not sooner terminated by the parties thereto, is suspended or terminated by force of this Act on the date specified in the direction in that behalf. (sec.31-ssec.21) The suspension or termination of the lease or agreement by force of this Act does not affect the rights and obligations of the parties thereto up to the time of such suspension or termination. (sec.31-ssec.22) No liability for breach of the lease or agreement attaches to any party thereto by reason only of its termination by force of this Act. (sec.31-ssec.22A) In fixing the amount of a pecuniary penalty to be imposed on a casino entity under this section the Governor in Council or Minister— must consider the following matters— the nature and extent of the initiating incident; whether the initiating incident undermines the objects of this Act; any loss or damage caused to the State or the public by the initiating incident; whether any disciplinary action has been taken against the entity before; the seriousness of the grounds for taking the disciplinary action; and may consider any other matter the Governor in Council or Minister considers relevant. (sec.31-ssec.22B) The amount of a pecuniary penalty imposed on a casino entity under this section is a debt payable by the entity to the State. (sec.31-ssec.22C) To remove any doubt, it is declared that the cancellation or suspension of a casino licence, or suspension or termination of a casino lease or casino management agreement, does not relieve a casino entity of an obligation to pay a pecuniary penalty imposed under this section. (sec.31-ssec.23) A decision by the Governor in Council made under this section is final and conclusive and shall not be appealed against, reviewed, quashed or in any way called in question in any court on any account whatsoever. (sec.31-ssec.24) This section applies despite the Corporations Act . (sec.31-ssec.24A) In this section— casino entity means— a casino licensee; the lessee under a casino lease; the casino operator under a casino management agreement. initiating incident , in relation to disciplinary action, means the act or omission that forms the basis of the grounds for taking the disciplinary action. - (a) the entity contravenes a provision of this Act; - (b) the entity is convicted of an indictable offence punishable by imprisonment for 12 months or more regardless of whether— (i) the offence is also punishable by a fine, in addition to or as an alternative to the punishment by imprisonment; or (ii) the conviction is recorded; - (i) the offence is also punishable by a fine, in addition to or as an alternative to the punishment by imprisonment; or - (ii) the conviction is recorded; - (c) the entity contravenes a condition of the relevant casino licence the entity is required to comply with; - (d) the entity fails to comply with any term or condition of the agreement as referred to in section 19 pursuant to which the relevant casino licence was granted, which term or condition is binding on the entity; - (e) the entity or any director, partner, trustee, executive officer, secretary or other officer or person determined by the Minister associated or connected with the ownership, administration or management of the entity’s operations or business is not or ceases to be at any time whilst the relevant casino licence is in force a suitable person to be so associated or connected as aforesaid having regard to those matters specified in section 20 or 26 applicable to the person; - (f) because of an investigation carried out or a review carried out under part 9 , division 3B , the Governor in Council or Minister is not satisfied that— (i) the entity is a suitable person to be associated or connected with the management and operations of a hotel-casino complex or casino; or (ii) a person, associated or connected with the ownership, administration or management of the operations or business of the entity is a suitable person to be associated or connected with the management and operations of a hotel-casino complex or casino; - (i) the entity is a suitable person to be associated or connected with the management and operations of a hotel-casino complex or casino; or - (ii) a person, associated or connected with the ownership, administration or management of the operations or business of the entity is a suitable person to be associated or connected with the management and operations of a hotel-casino complex or casino; - (g) the entity fails to comply with a written direction given to the entity by the Minister or chief executive under this Act and— (i) the entity is required under this Act to comply with the direction; and (ii) the Minister believes the failure to comply with direction may jeopardise the integrity of the operation of the casino or adversely affect the interests of the public; - (i) the entity is required under this Act to comply with the direction; and - (ii) the Minister believes the failure to comply with direction may jeopardise the integrity of the operation of the casino or adversely affect the interests of the public; - (h) the entity is required under this Act to give information to the Minister, the chief executive or an inspector and gives information that is, to the entity’s knowledge, false or incorrect; - (i) the entity fails to discharge financial commitments, becomes bankrupt or compounds with creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy or is the subject of a winding up, either voluntarily or pursuant to court order, appointment of a liquidator, appointment of a receiver or receiver and manager or is placed under official management and an official manager appointed pursuant to the provisions of the Corporations Act or corresponding legislation of the Commonwealth or of any other State or of any Territory. - (i) the offence is also punishable by a fine, in addition to or as an alternative to the punishment by imprisonment; or - (ii) the conviction is recorded; - (i) the entity is a suitable person to be associated or connected with the management and operations of a hotel-casino complex or casino; or - (ii) a person, associated or connected with the ownership, administration or management of the operations or business of the entity is a suitable person to be associated or connected with the management and operations of a hotel-casino complex or casino; - (i) the entity is required under this Act to comply with the direction; and - (ii) the Minister believes the failure to comply with direction may jeopardise the integrity of the operation of the casino or adversely affect the interests of the public; - (a) give a show cause notice to the casino entity and to each other casino entity for the same casino licence; and - (b) give a copy of the show cause notice to any other person who, in the Minister’s opinion, has an interest in the casino licence. - (a) states each of the grounds giving rise to the disciplinary action; and - (b) describes the initiating incident for the disciplinary action; and - (c) states that the entity must show cause as to why the disciplinary action should not be taken (a response ); and - (d) states that the response must be made in writing and given to the Minister; and - (e) states the last day, not earlier than 21 days after the notice is given to the entity, by which a response may be given to the Minister (a response period ). - (a) must consider— (i) all responses to the notice made before the end of the response period; and (ii) if the Minister gives a person a copy of the notice under subsection (3) (b) —all submissions for the notice properly made under subsection (6) ; and - (i) all responses to the notice made before the end of the response period; and - (ii) if the Minister gives a person a copy of the notice under subsection (3) (b) —all submissions for the notice properly made under subsection (6) ; and - (b) may consider a response or submission mentioned in paragraph (a) that the Minister received after the end of the response period for the relevant show cause notice. - (i) all responses to the notice made before the end of the response period; and - (ii) if the Minister gives a person a copy of the notice under subsection (3) (b) —all submissions for the notice properly made under subsection (6) ; and - (a) the Minister finishes considering— (i) the responses and submissions the Minister must consider under subsection (7) (a) ; and (ii) the responses and submissions the Minister did consider under subsection (7) (b) ; or - (i) the responses and submissions the Minister must consider under subsection (7) (a) ; and - (ii) the responses and submissions the Minister did consider under subsection (7) (b) ; or - (b) the Minister has not received any responses or submissions the Minister must consider under subsection (7) (a) and the Minister did not consider any other responses or submissions under subsection (7) (b) . - (i) the responses and submissions the Minister must consider under subsection (7) (a) ; and - (ii) the responses and submissions the Minister did consider under subsection (7) (b) ; or - (a) take 1 or more of the following actions— (i) give a letter of censure to the entity censuring the entity in relation to any matter connected with the incident; (ii) give the entity a written direction the Minister considers appropriate to ensure any matter connected with the incident is rectified within the period stated in the direction; (iii) direct the entity to pay to the State a pecuniary penalty of not more than $5m before a stated date; or - (i) give a letter of censure to the entity censuring the entity in relation to any matter connected with the incident; - (ii) give the entity a written direction the Minister considers appropriate to ensure any matter connected with the incident is rectified within the period stated in the direction; - (iii) direct the entity to pay to the State a pecuniary penalty of not more than $5m before a stated date; or - (b) recommend the Governor in Council take 1 or more of the following actions— (i) the relevant casino licence be cancelled or suspended; (ii) the casino lease or casino management agreement for the relevant casino licence be suspended or terminated; (iii) the entity pay to the State a pecuniary penalty of not more than $100m; (iv) a special manager be appointed for the entity. - (i) the relevant casino licence be cancelled or suspended; - (ii) the casino lease or casino management agreement for the relevant casino licence be suspended or terminated; - (iii) the entity pay to the State a pecuniary penalty of not more than $100m; - (iv) a special manager be appointed for the entity. - (i) give a letter of censure to the entity censuring the entity in relation to any matter connected with the incident; - (ii) give the entity a written direction the Minister considers appropriate to ensure any matter connected with the incident is rectified within the period stated in the direction; - (iii) direct the entity to pay to the State a pecuniary penalty of not more than $5m before a stated date; or - (i) the relevant casino licence be cancelled or suspended; - (ii) the casino lease or casino management agreement for the relevant casino licence be suspended or terminated; - (iii) the entity pay to the State a pecuniary penalty of not more than $100m; - (iv) a special manager be appointed for the entity. - (a) a copy of each show cause notice relevant to the recommendation; and - (b) all responses and submissions, relevant to the recommendation, that the Minister considered under subsection (7) . - (a) take no further disciplinary action against the entity for the incident; or - (b) take 1 or more of the following actions— (i) cause a letter of censure to be given to the entity censuring the entity in relation to any matter connected with the incident; (ii) give, or cause to be given, to the entity a written direction that the Governor in Council considers appropriate to ensure that any matter connected with the incident is rectified within a period stated in the direction; (iii) unless a receiver and manager has been appointed pursuant to section 32 , appoint an administrator subject to the terms and conditions decided by the Governor in Council; (iv) order the entity to pay to the State a pecuniary penalty of not more than $100m before a stated date; (v) take action under subsection (15) , if the Governor in Council is satisfied of the circumstances mentioned in that subsection for the relevant casino licence, casino lease or casino management agreement; (vi) appoint a special manager for the entity. - (i) cause a letter of censure to be given to the entity censuring the entity in relation to any matter connected with the incident; - (ii) give, or cause to be given, to the entity a written direction that the Governor in Council considers appropriate to ensure that any matter connected with the incident is rectified within a period stated in the direction; - (iii) unless a receiver and manager has been appointed pursuant to section 32 , appoint an administrator subject to the terms and conditions decided by the Governor in Council; - (iv) order the entity to pay to the State a pecuniary penalty of not more than $100m before a stated date; - (v) take action under subsection (15) , if the Governor in Council is satisfied of the circumstances mentioned in that subsection for the relevant casino licence, casino lease or casino management agreement; - (vi) appoint a special manager for the entity. - (i) cause a letter of censure to be given to the entity censuring the entity in relation to any matter connected with the incident; - (ii) give, or cause to be given, to the entity a written direction that the Governor in Council considers appropriate to ensure that any matter connected with the incident is rectified within a period stated in the direction; - (iii) unless a receiver and manager has been appointed pursuant to section 32 , appoint an administrator subject to the terms and conditions decided by the Governor in Council; - (iv) order the entity to pay to the State a pecuniary penalty of not more than $100m before a stated date; - (v) take action under subsection (15) , if the Governor in Council is satisfied of the circumstances mentioned in that subsection for the relevant casino licence, casino lease or casino management agreement; - (vi) appoint a special manager for the entity. - (a) becomes a permanent part of the records of the department about a casino entity; and - (b) may be published on the department’s website. - (a) assume full control of and responsibility for the business of the casino licensee in respect of the hotel-casino complex for the casino; - (b) conduct or cause to be conducted casino operations in accordance with this Act. - (a) shall be effective on and from a date and time of day determined by the Governor in Council; and - (b) in the case of suspension of a casino licence—shall be for such period as the Governor in Council thinks fit; and - (c) shall be notified in writing by the Minister to the casino licensee and, where there is also a lessee or casino operator as aforesaid, to such lessee or casino operator. - (a) the Governor in Council decides under subsection (12) to take any of the following disciplinary action against a casino entity— (i) suspend or cancel a casino licence; (ii) direct the suspension or termination of a casino lease; (iii) direct the suspension or termination of a casino management agreement; and - (i) suspend or cancel a casino licence; - (ii) direct the suspension or termination of a casino lease; - (iii) direct the suspension or termination of a casino management agreement; and - (b) a special manager is appointed for the casino entity. - (i) suspend or cancel a casino licence; - (ii) direct the suspension or termination of a casino lease; - (iii) direct the suspension or termination of a casino management agreement; and - (a) change the day the suspension, cancellation or termination takes effect; - (b) if the Governor in Council is satisfied the suspension, cancellation or termination is no longer required because of the remediation of the management and operations of the entity—rescind the suspension, cancellation or termination to stop it taking effect. - (a) consult the special manager about the proposed recommendation; and - (b) have regard to the implementation of the casino entity’s plan for the remediation of the management and operations of the entity. - (a) must consider the following matters— (i) the nature and extent of the initiating incident; (ii) whether the initiating incident undermines the objects of this Act; (iii) any loss or damage caused to the State or the public by the initiating incident; (iv) whether any disciplinary action has been taken against the entity before; (v) the seriousness of the grounds for taking the disciplinary action; and - (i) the nature and extent of the initiating incident; - (ii) whether the initiating incident undermines the objects of this Act; - (iii) any loss or damage caused to the State or the public by the initiating incident; - (iv) whether any disciplinary action has been taken against the entity before; - (v) the seriousness of the grounds for taking the disciplinary action; and - (b) may consider any other matter the Governor in Council or Minister considers relevant. - (i) the nature and extent of the initiating incident; - (ii) whether the initiating incident undermines the objects of this Act; - (iii) any loss or damage caused to the State or the public by the initiating incident; - (iv) whether any disciplinary action has been taken against the entity before; - (v) the seriousness of the grounds for taking the disciplinary action; and - (a) a casino licensee; - (b) the lessee under a casino lease; - (c) the casino operator under a casino management agreement.