20Disciplinary action

20 Disciplinary action S. 20(1) def. of *disciplinary action* amended by No. 54/2021 s. 8(2), substituted by No. 40/2025 s. 5. ***disciplinary action*** means any of the following— (a) the cancellation or suspension of a casino licence; (b) the issuing of a letter of censure; (c) the variation of the terms of a casino licence; (d) the imposition of— (i) a fine not exceeding $100 000 000; and (ii) if the grounds for disciplinary action include failure to comply with a direction given by the Commission in relation to the Melbourne Transformation Plan developed by the Melbourne Casino Operator, an additional fine not exceeding $1 000 000 for every day of non-compliance with that direction while the Melbourne Transformation Plan remains in force; S. 20(1) def. of *grounds for disciplinary action* amended by Nos 17/1996 s. 26(1), 72/2007 s. 55, 56/2010 s. 72, 4/2014 s. 48, 54/2021 s. 8(3)(4), 26/2022 s. 5, 14/2023 s. 59. ***grounds for disciplinary action*** in relation to a casino licence means any of the following grounds— (a) that the licence was improperly obtained in that, at the time the licence was granted, there were grounds for refusing it; (b) that the casino operator, a person in charge of the casino, an agent of the casino operator or a casino employee has contravened a provision of this Act or the **Gambling Regulation Act 2003** or a condition of the licence; (ba) that the casino operator has contravened an agreement referred to in section 3.8A.15 or 3.8A.16 of the **Gambling Regulation Act 2003**; (bab) that the casino operator has contravened— (i) a provision of the **Gambling Taxation Act 2023** or regulations made under that Act; or (ii) a provision of the **Taxation Administration Act 1997**, or regulations made under that Act, as that provision relates to the **Gambling Taxation Act 2023** or regulations made under the **Gambling Taxation Act 2023**; (bb) that the casino operator has failed to implement a recommendation of the Commission under section 24 or 25; (c) that the casino premises are, for specified reasons, no longer suitable for the conduct of casino operations; (d) that the casino operator is, for specified reasons, considered to be no longer a suitable person to hold the licence; (da) that the casino operator has failed to comply with a direction under section 28A(5) within the time referred to in that subsection to terminate an association with an associate; (dab) that the casino operator has breached an undertaking given under section 35A; (db) that the casino operator has breached the casino operator's Responsible Gambling Code of Conduct; (dc) that the Royal Commission into the Casino Operator and Licence has found that the Melbourne Casino Operator or an associate of the Melbourne Casino Operator has engaged in conduct that— (i) is illegal; or (ii) constitutes serious misconduct; (e) for specified reasons, it is considered to be no longer in the public interest that the licence should remain in force. S. 20(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 12). (2) The Commission may serve on a casino operator a notice in writing affording the casino operator an opportunity to show cause within 14 days why disciplinary action should not be taken on grounds for disciplinary action specified in the notice. S. 20(3) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 12). (3) The casino operator, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken and the Commission must consider any submissions so made. S. 20(4) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 12). (4) The Commission may then take disciplinary action against the casino operator as the Commission sees fit and does so by giving written notice to the casino operator— (a) of the cancellation or suspension of the casino licence, the variation of the terms of the licence or the imposition of the fine; or S. 20(4)(b) amended by No. 17/1996 s. 26(2). (b) in the form of a letter of censure; or S. 20(4)(c) inserted by No. 17/1996 s. 26(2). (c) any combination of the sanctions referred to in paragraph (a) or paragraphs (a) and (b). (5) The cancellation, suspension or variation of a casino licence under this section takes effect when the notice is given or on a later date specified in the notice. (6) A letter of censure may censure the casino operator in respect of any matter connected with the operation of the casino and may include a direction to the casino operator to rectify within a specified time any matter giving rise to the letter of censure. S. 20(7) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 12). (7) If any direction given under subsection (6) is not complied with in the specified time, the Commission may by giving written notice to the casino operator, cancel, suspend or vary the terms of the casino licence or impose a fine not exceeding $1 000 000 without affording the casino operator a further opportunity to be heard. (8) A casino licence is of no effect for the purposes of section 6 while it is suspended but the suspension does not affect its operation for any other purpose. (9) A fine imposed under this section may be recovered as a debt due to the State. S. 20(10) inserted by No. 17/1996 s. 26(3), amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 12). (10) A member of the Commission who has participated in consideration of disciplinary action is not prevented by that reason alone from considering whether further disciplinary action should be taken. S. 20(11) inserted by No. 54/2021 s. 8(5). (11) During the period of appointment of the special manager under Division 4 of Part 3, the Commission cannot take disciplinary action under this section consisting of the cancellation or suspension of the Melbourne Casino Licence on any ground that consists of or relies on a finding or recommendation of the Royal Commission into the Casino Operator and Licence, unless— (a) the special manager in writing recommends that the Commission take that disciplinary action; or (b) the disciplinary action arises from a request from the Minister following an investigation under section 24. S. 20(12) inserted by No. 54/2021 s. 8(5). (12) To avoid doubt, nothing in subsection (11) prevents the Commission from taking disciplinary action other than cancellation or suspension of the Melbourne Casino Licence on any ground that consists of or relies on a finding or recommendation of the Royal Commission into the Casino Operator and Licence. S. 20(13) inserted by No. 54/2021 s. 8(5). (13) Subject to subsection (11), the Commission may take disciplinary action under this section on any ground that consists of or relies on a finding of the Royal Commission into the Casino Operator and Licence without serving a notice on the Melbourne Casino Operator under subsection (2) or affording the Operator an opportunity to make submissions or be heard in relation to the matter under subsection (3) or otherwise. S. 20(14) inserted by No. 54/2021 s. 8(5). (14) Subsection (13) applies despite anything in section 25(3)(b) of the **Victorian Gambling and Casino Control Commission Act 2011**. S. 20(15) inserted by No. 54/2021 s. 8(5). (15) Despite section 40 of the **Inquiries Act 2014**, for the purposes of taking disciplinary action in relation to the Melbourne Casino Licence or the Melbourne Casino Operator under this section, the Commission may use— (a) any information contained in the report of the Royal Commission into the Casino Operator and Licence; and (b) any information that is otherwise publicly available. S. 20A inserted by No. 54/2021 s. 9.