sec.90EPowers of special manager

### sec.90E Powers of special manager The special manager has all the powers necessary to perform the special manager’s functions. Without limiting subsection (1) , the special manager may— enter into and remain in any part of the hotel-casino complex, and any other premises occupied by the casino entity in connection with its casino operations for the purpose of performing functions or exercising powers under this division; and access all documents and records of the casino entity relating to the management and operations of a hotel-casino complex; and attend any meeting of the casino entity’s board, or a related entity’s board, or any committee or subcommittee of such boards if the meeting relates to the management and operations of a hotel-casino complex; and engage any person to provide advice or other services to the special manager in connection with the performance of the manager’s functions. The special manager may, by written notice given to the casino entity (an information requirement ), require the entity to give the manager information the manager reasonably requires to perform the manager’s functions. The special manager may give a written direction to the casino entity requiring the entity take an action, or refrain from taking an action, stated in the direction (an administrative direction ). However, the special manager may give the casino entity an administrative direction only if the manager— suspects there is or has been maladministration on the part of the entity; or believes the direction is in the best interests of the entity, having regard to the purpose of the appointment of the special manager; or believes the direction is necessary to ensure compliance with any statutory obligation applying to the entity. The casino entity must— comply with an information requirement given to it; and comply with an administrative direction given to it; and cooperate with the special manager in performing the manager’s functions. Maximum penalty—160 penalty units. The casino entity is not excused from complying with an information requirement on the ground that the information is the subject of legal professional privilege. Information does not cease to be the subject of legal professional privilege only because it is given to the special manager in accordance with an information requirement. In this section— related entity , of a casino entity, means an entity that is an associated entity for the casino entity under the Corporations Act , section 50AAA . s 90E ins 2022 No. 23 s 28A (sec.90E-ssec.1) The special manager has all the powers necessary to perform the special manager’s functions. (sec.90E-ssec.2) Without limiting subsection (1) , the special manager may— enter into and remain in any part of the hotel-casino complex, and any other premises occupied by the casino entity in connection with its casino operations for the purpose of performing functions or exercising powers under this division; and access all documents and records of the casino entity relating to the management and operations of a hotel-casino complex; and attend any meeting of the casino entity’s board, or a related entity’s board, or any committee or subcommittee of such boards if the meeting relates to the management and operations of a hotel-casino complex; and engage any person to provide advice or other services to the special manager in connection with the performance of the manager’s functions. (sec.90E-ssec.3) The special manager may, by written notice given to the casino entity (an information requirement ), require the entity to give the manager information the manager reasonably requires to perform the manager’s functions. (sec.90E-ssec.4) The special manager may give a written direction to the casino entity requiring the entity take an action, or refrain from taking an action, stated in the direction (an administrative direction ). (sec.90E-ssec.5) However, the special manager may give the casino entity an administrative direction only if the manager— suspects there is or has been maladministration on the part of the entity; or believes the direction is in the best interests of the entity, having regard to the purpose of the appointment of the special manager; or believes the direction is necessary to ensure compliance with any statutory obligation applying to the entity. (sec.90E-ssec.6) The casino entity must— comply with an information requirement given to it; and comply with an administrative direction given to it; and cooperate with the special manager in performing the manager’s functions. Maximum penalty—160 penalty units. (sec.90E-ssec.7) The casino entity is not excused from complying with an information requirement on the ground that the information is the subject of legal professional privilege. (sec.90E-ssec.8) Information does not cease to be the subject of legal professional privilege only because it is given to the special manager in accordance with an information requirement. (sec.90E-ssec.9) In this section— related entity , of a casino entity, means an entity that is an associated entity for the casino entity under the Corporations Act , section 50AAA . - (a) enter into and remain in any part of the hotel-casino complex, and any other premises occupied by the casino entity in connection with its casino operations for the purpose of performing functions or exercising powers under this division; and - (b) access all documents and records of the casino entity relating to the management and operations of a hotel-casino complex; and - (c) attend any meeting of the casino entity’s board, or a related entity’s board, or any committee or subcommittee of such boards if the meeting relates to the management and operations of a hotel-casino complex; and - (d) engage any person to provide advice or other services to the special manager in connection with the performance of the manager’s functions. - (a) suspects there is or has been maladministration on the part of the entity; or - (b) believes the direction is in the best interests of the entity, having regard to the purpose of the appointment of the special manager; or - (c) believes the direction is necessary to ensure compliance with any statutory obligation applying to the entity. - (a) comply with an information requirement given to it; and - (b) comply with an administrative direction given to it; and - (c) cooperate with the special manager in performing the manager’s functions.