sec.31ACosts for disciplinary action

### sec.31A Costs for disciplinary action This section applies if any of the following disciplinary action is taken against a casino entity under section 31 — a letter of censure is issued to the entity under section 31 (9) (a) (i) or (12) (b) (i) censuring the entity; the entity is given a direction under section 31 (9) (a) (ii) or (12) (b) (ii) ; an administrator is appointed under section 31 (12) (b) (iii) ; the casino licence for the entity is cancelled or suspended under section 31 (15) ; the casino lease, or casino management agreement, for the entity is directed to be suspended or terminated under section 31 (15) ; a pecuniary penalty is imposed under section 31 (9) (a) (iii) or (12) (b) (iv) ; the Governor in Council decides, under section 31 (12) (b) (vi) , to appoint a special manager for the entity. The chief executive may recover from the casino entity the reasonable costs and expenses incurred by the department in assisting the Minister or Governor in Council doing any of the following tasks as a debt payable by the entity to the State— preparing for and taking the disciplinary action against the entity, including, for example— investigating whether a ground for the disciplinary action arose under section 31 (1) ; or obtaining legal advice about a matter relating to the disciplinary action; or engaging a suitably qualified person to advise on a matter relating to the disciplinary action; considering responses and submissions made under section 31 as part of a show cause process; considering responses and submissions made about a recommendation of the Minister under section 31 . Before recovering the reasonable costs and expenses from a casino entity under subsection (2) , the chief executive must give the entity a written notice stating— the amount of the costs and expenses; and how the amount was calculated; and when the amount must be paid to the chief executive. If the casino entity does not comply with the written notice given to the entity under subsection (3) within the period required by the notice, the Minister may recommend to the Governor in Council that— for a notice given to a casino licensee—the casino licence be suspended or cancelled; or for a notice given to a lessee under a casino lease—the casino lease be terminated; or for a notice given to a casino operator under a casino management agreement—the agreement be terminated. However, if the Minister proposes to make a recommendation about a casino entity under subsection (4) , the Minister must first give the entity written notice stating— the proposed recommendation; and the entity may make a submission to the Minister as to why the Minister should not make the proposed recommendation; and the date by which the entity must make a submission mentioned in paragraph (b) . The Minister must consider all submissions properly made about the proposed recommendation under subsection (5) and decide to either— take no further action about the recommendation; or make the recommendation to the Governor in Council. The Governor in Council may, after considering the recommendation and all submissions properly made to the Minister about the recommendation, decide to— take no further action about the matter; or take action under section 31 (15) as if the recommendation made by the Minister were a recommendation about taking disciplinary action against a casino entity under section 31 . For taking the action mentioned in subsection (7) (b) — the casino entity not complying with the written notice given to the entity under subsection (3) is taken to be circumstances so extraordinary that it is imperative in the public interest to take the action; and section 31 (16) to (22) , (22C) and (23) applies to taking the action. However, if the action taken under section 31 (15) is the suspension of a casino licence, the suspension ends if the casino entity pays to the chief executive the costs and expenses as stated in the written notice given to the entity under subsection (3) . In this section— casino entity means any of the following— a casino licensee; a lessee under a casino lease; a casino operator under a casino management agreement. s 31A ins 2022 No. 23 s 10 (sec.31A-ssec.1) This section applies if any of the following disciplinary action is taken against a casino entity under section 31 — a letter of censure is issued to the entity under section 31 (9) (a) (i) or (12) (b) (i) censuring the entity; the entity is given a direction under section 31 (9) (a) (ii) or (12) (b) (ii) ; an administrator is appointed under section 31 (12) (b) (iii) ; the casino licence for the entity is cancelled or suspended under section 31 (15) ; the casino lease, or casino management agreement, for the entity is directed to be suspended or terminated under section 31 (15) ; a pecuniary penalty is imposed under section 31 (9) (a) (iii) or (12) (b) (iv) ; the Governor in Council decides, under section 31 (12) (b) (vi) , to appoint a special manager for the entity. (sec.31A-ssec.2) The chief executive may recover from the casino entity the reasonable costs and expenses incurred by the department in assisting the Minister or Governor in Council doing any of the following tasks as a debt payable by the entity to the State— preparing for and taking the disciplinary action against the entity, including, for example— investigating whether a ground for the disciplinary action arose under section 31 (1) ; or obtaining legal advice about a matter relating to the disciplinary action; or engaging a suitably qualified person to advise on a matter relating to the disciplinary action; considering responses and submissions made under section 31 as part of a show cause process; considering responses and submissions made about a recommendation of the Minister under section 31 . (sec.31A-ssec.3) Before recovering the reasonable costs and expenses from a casino entity under subsection (2) , the chief executive must give the entity a written notice stating— the amount of the costs and expenses; and how the amount was calculated; and when the amount must be paid to the chief executive. (sec.31A-ssec.4) If the casino entity does not comply with the written notice given to the entity under subsection (3) within the period required by the notice, the Minister may recommend to the Governor in Council that— for a notice given to a casino licensee—the casino licence be suspended or cancelled; or for a notice given to a lessee under a casino lease—the casino lease be terminated; or for a notice given to a casino operator under a casino management agreement—the agreement be terminated. (sec.31A-ssec.5) However, if the Minister proposes to make a recommendation about a casino entity under subsection (4) , the Minister must first give the entity written notice stating— the proposed recommendation; and the entity may make a submission to the Minister as to why the Minister should not make the proposed recommendation; and the date by which the entity must make a submission mentioned in paragraph (b) . (sec.31A-ssec.6) The Minister must consider all submissions properly made about the proposed recommendation under subsection (5) and decide to either— take no further action about the recommendation; or make the recommendation to the Governor in Council. (sec.31A-ssec.7) The Governor in Council may, after considering the recommendation and all submissions properly made to the Minister about the recommendation, decide to— take no further action about the matter; or take action under section 31 (15) as if the recommendation made by the Minister were a recommendation about taking disciplinary action against a casino entity under section 31 . (sec.31A-ssec.8) For taking the action mentioned in subsection (7) (b) — the casino entity not complying with the written notice given to the entity under subsection (3) is taken to be circumstances so extraordinary that it is imperative in the public interest to take the action; and section 31 (16) to (22) , (22C) and (23) applies to taking the action. (sec.31A-ssec.9) However, if the action taken under section 31 (15) is the suspension of a casino licence, the suspension ends if the casino entity pays to the chief executive the costs and expenses as stated in the written notice given to the entity under subsection (3) . (sec.31A-ssec.10) In this section— casino entity means any of the following— a casino licensee; a lessee under a casino lease; a casino operator under a casino management agreement. - (a) a letter of censure is issued to the entity under section 31 (9) (a) (i) or (12) (b) (i) censuring the entity; - (b) the entity is given a direction under section 31 (9) (a) (ii) or (12) (b) (ii) ; - (c) an administrator is appointed under section 31 (12) (b) (iii) ; - (d) the casino licence for the entity is cancelled or suspended under section 31 (15) ; - (e) the casino lease, or casino management agreement, for the entity is directed to be suspended or terminated under section 31 (15) ; - (f) a pecuniary penalty is imposed under section 31 (9) (a) (iii) or (12) (b) (iv) ; - (g) the Governor in Council decides, under section 31 (12) (b) (vi) , to appoint a special manager for the entity. - (a) preparing for and taking the disciplinary action against the entity, including, for example— (i) investigating whether a ground for the disciplinary action arose under section 31 (1) ; or (ii) obtaining legal advice about a matter relating to the disciplinary action; or (iii) engaging a suitably qualified person to advise on a matter relating to the disciplinary action; - (i) investigating whether a ground for the disciplinary action arose under section 31 (1) ; or - (ii) obtaining legal advice about a matter relating to the disciplinary action; or - (iii) engaging a suitably qualified person to advise on a matter relating to the disciplinary action; - (b) considering responses and submissions made under section 31 as part of a show cause process; - (c) considering responses and submissions made about a recommendation of the Minister under section 31 . - (i) investigating whether a ground for the disciplinary action arose under section 31 (1) ; or - (ii) obtaining legal advice about a matter relating to the disciplinary action; or - (iii) engaging a suitably qualified person to advise on a matter relating to the disciplinary action; - (a) the amount of the costs and expenses; and - (b) how the amount was calculated; and - (c) when the amount must be paid to the chief executive. - (a) for a notice given to a casino licensee—the casino licence be suspended or cancelled; or - (b) for a notice given to a lessee under a casino lease—the casino lease be terminated; or - (c) for a notice given to a casino operator under a casino management agreement—the agreement be terminated. - (a) the proposed recommendation; and - (b) the entity may make a submission to the Minister as to why the Minister should not make the proposed recommendation; and - (c) the date by which the entity must make a submission mentioned in paragraph (b) . - (a) take no further action about the recommendation; or - (b) make the recommendation to the Governor in Council. - (a) take no further action about the matter; or - (b) take action under section 31 (15) as if the recommendation made by the Minister were a recommendation about taking disciplinary action against a casino entity under section 31 . - (a) the casino entity not complying with the written notice given to the entity under subsection (3) is taken to be circumstances so extraordinary that it is imperative in the public interest to take the action; and - (b) section 31 (16) to (22) , (22C) and (23) applies to taking the action. - (a) a casino licensee; - (b) a lessee under a casino lease; - (c) a casino operator under a casino management agreement.