28Change in situation of casino operator

28 Change in situation of casino operator S. 28(1) def. of *associate* repealed by No. 42/2022 s. 19. ***major change*** in the situation existing in relation to a casino operator means— (a) any change in that situation which results in a person becoming an associate of the casino operator; or (b) any other change in that situation which is of a class or description prescribed as major for the purposes of this section; ***minor change*** in the situation existing in relation to a casino operator means any change in that situation that is prescribed as a minor change for the purposes of this section. (2) A casino operator must— S. 28(2)(a) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 17). (a) ensure that a major change in the situation existing in relation to the operator which is within the operator's power to prevent occurring does not occur except with the prior approval in writing of the Commission; and S. 28(2)(b) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 17). (b) notify the Commission in writing of the likelihood of any major change in the situation existing in relation to the operator to which paragraph (a) does not apply as soon as practicable after the operator becomes aware of the likelihood of the change; and S. 28(2)(c) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 17). (c) notify the Commission in writing of any major change in the situation existing in relation to the operator to which paragraphs (a) and (b) do not apply within 3 days after becoming aware that the change has occurred; and S. 28(2)(d) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 17). (d) notify the Commission in writing of any minor change in the situation existing in relation to the operator within 14 days after becoming aware that the change has occurred. S. 28(3) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 17). (3) If a major change for which the approval of the Commission is sought under this section involves a person becoming an associate of the casino operator, the Commission must not grant its approval unless satisfied that the person is a suitable person to be associated with the management of a casino. (4) Sections 10 and 11 apply to and in respect of an application for approval under this section in the same way that they apply to and in respect of an application for a licence. S. 28(5) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 17). (5) If a major change is proposed or has occurred involving a person becoming an associate of the casino operator and the approval of the Commission to the change is not required— S. 28(5)(a) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 17). (a) the Commission must inquire into the change to determine whether it is satisfied that the person is a suitable person to be associated with the management of a casino; and (b) if it is not so satisfied, must take such action as it considers appropriate. S. 28AA inserted by No. 88/2000 s. 41, amended by No. 114/2003 s. 12.1.2 (Sch. 5 items 18, 19) (ILA s. 39B(1)). 28AA Change in situation of associate S. 28AA(1) amended by No. 40/2025 s. 8(1). (1) Whenever a change of a kind specified by the Commission in writing given to an associate of a casino operator takes place in the situation existing in relation to the associate of the casino operator, the associate must notify the Commission in writing of the change within 14 days after it takes place. S. 28AA(1A) inserted by No. 40/2025 s. 8(2). (1A) An associate of a casino operator (other than a corporate associate) must comply with subsection (1). S. 28AA(2) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 19). S. 28A inserted by No. 17/1996 s. 27. 28A On-going monitoring of associates and others S. 28A(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 20(a)). (1) The Commission may from time to time investigate— (a) an associate, or a person likely to become an associate, of a casino operator; or (b) any person, body or association having a business association with a person referred to in paragraph (a). (2) A casino operator must— S. 28A(2)(a) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 20(a)). (a) notify the Commission in writing that a person is likely to become an associate as soon as practicable after the casino operator becomes aware of the likelihood; and S. 28A(2)(b) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 20(a)). (b) take all reasonable steps to ensure that a person does not become an associate except with the prior approval in writing of the Commission. S. 28A(3) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 20(a)). (3) If the Commission, having regard to the matters referred to in subsection (4), determines that an associate is unsuitable to be concerned in or associated with the business of the casino operator, the Commission may, by notice in writing, require the associate to terminate the association with the casino operator. S. 28A(4) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 20(a)), substituted by No. 40/2025 s. 6. (4) For the purposes of subsection (3), the matters are— (a) whether the associate— (i) is of good repute, having regard to character, honesty and integrity; and (ii) is of sound and stable financial background; and (iii) has any business association with any person, body or association who or which, in the opinion of the Commission, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources; and (b) if the associate is a corporate associate, whether the Commission has taken any disciplinary action against the corporate associate under Division 1B of Part 3. S. 28A(4A) inserted by No. 88/2000 s. 42, amended by No. 114/2003 s. 12.1.2 (Sch 5 item 20(a)(b)). (4A) If the Commission determines that an associate of a casino operator has engaged or is engaging in conduct that, in the Commission's opinion, is unacceptable for a person who is concerned in or associated with the ownership, management or operation of the business of the casino operator, the Commission may— (a) issue a written warning to the associate that the conduct is unacceptable; or S. 28A(4A)(b) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 20(a)). (b) give written notice to the associate requiring the associate to give a written undertaking to the Commission, within the period specified in the notice, regarding the future conduct of the associate. S. 28A(4B) inserted by No. 88/2000 s. 42, amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 20(a)). (4B) If the associate fails to give an undertaking required under subsection (4A)(b) or breaches an undertaking given under that provision, the Commission may give the associate written notice requiring the associate to terminate, within 14 days or a longer period agreed with the Commission, the association with the casino operator. S. 28A(5) substituted by No. 88/2000 s. 42, amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 20(a)). (5) If the association is not terminated within 14 days from the date of the notice referred to in subsection (3) or (4B) or any longer period agreed with the Commission, the Commission may, by notice in writing, direct the casino operator to take all reasonable steps to terminate the association and the casino operator must comply with the direction within 14 days or any longer period agreed with the Commission. S. 28A(6) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 20(a)). (6) The Commission— S. 28A(6)(a) amended by No. 23/2025 s. 74(Sch. 1 item 1.4). (a) may require an associate or person likely to become an associate to consent to having the associate's or person's photograph, finger prints and palm prints taken; and (b) must refer a copy of such photograph, finger prints and palm prints and any supporting documents to the Chief Commissioner of Police. S. 28A(7) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 21), amended by No. 58/2011 s. 94. (7) A function of the Commission under this section may be performed by any commissioner. S. 28AB inserted by No. 42/2022 s. 20. 28AB Restriction on associates acquiring or increasing relevant interests If a casino operator is a company, it is a condition of the casino licence that, without the prior approval of the Commission under section 28AD— (a) an associate of the operator who holds no relevant interest, or a relevant interest of less than 5%, in the operator does not acquire a relevant interest resulting in the associate holding a relevant interest of 5% or more in the operator; or (b) an associate of the operator who holds a relevant interest of 5% or more in the operator does not acquire any further relevant interest in the operator; or (c) an associate of the operator who holds no relevant interest, or a relevant interest of less than 5%, in a holding company of the operator does not acquire a relevant interest resulting in the associate holding a relevant interest of 5% or more in the holding company; or (d) an associate of the operator who holds a relevant interest of 5% or more in a holding company of the operator does not acquire any further relevant interest in the holding company. S. 28AC inserted by No. 42/2022 s. 20. 28AC Application for approval for associate to acquire relevant interest (1) For the purposes of section 28AB, an associate may apply to the Commission for approval to acquire a relevant interest in a casino operator or a holding company of a casino operator. (2) An application must— (a) be in the form, and be made in the manner, approved by the Commission; and (b) contain or be accompanied by evidence of the suitability of the associate to acquire the relevant interest. (3) Sections 10 and 11 apply in relation to an application under this section as if a reference in those sections— (a) to an application for a casino licence were a reference to an application under this section; and (b) to an applicant for a casino licence were a reference to an applicant under this section; and (c) to a person the Commission is investigating in relation to the person's suitability to be concerned in or associated with the management or operation of a casino were a reference to an applicant under this section. S. 28AD inserted by No. 42/2022 s. 20. 28AD Determination of application (1) The Commission must consider an application for approval made under section 28AC and must take into account— (a) the applicant's reason for acquiring the relevant interest; and (b) evidence of the applicant's suitability to acquire the relevant interest; and (c) if the applicant holds, or at any time held, a relevant interest in a casino operator or a holding company of a casino operator, the conduct of the applicant during that time; and (d) any undertakings given by the applicant as to their intended conduct after acquiring the relevant interest; and (e) any other matters the Commission considers relevant. (2) The Commission must determine the application by either granting the approval or refusing the application and must inform the applicant accordingly. (3) An approval under this section may be granted subject to any conditions that the Commission thinks fit. S. 28AE inserted by No. 42/2022 s. 20. 28AE Requirement to reduce relevant interest (1) The Commission may give written notice to an associate who has acquired a relevant interest referred to in section 28AB without the approval of the Commission requiring the associate to reduce their relevant interest to what it was before the acquisition to which the notice relates within the time specified in the notice or the other time as agreed with the Commission. (2) An associate to whom a notice is given under this section must comply with the notice. Penalty: 480 penalty units. (3) On the application of the Commission, the Supreme Court may make any order it thinks appropriate to enforce compliance by an associate with a notice under this section, including an order that an associate dispose of shares or other securities within a specified time. S. 28B inserted by No. 54/2021 s. 17.