36HCommission consideration of special manager's report

36H Commission consideration of special manager's report (1) The Commission must consider each report of the special manager under section 36G and take whatever action the Commission considers appropriate in light of the findings and recommendations in the report. S. 36H(2) amended by No. 42/2022 s. 7. (2) Without limiting subsection (1), within 90 days after receiving the special manager's final report under section 36G(2), the Commission may, in its sole discretion determine that the Commission is clearly satisfied that— (a) the Melbourne Casino Operator is a suitable person to continue to hold the Melbourne Casino Licence; and (b) it is in the public interest that the Melbourne Casino Licence continue in force. (3) In exercising its discretion under subsection (2), the Commission— (a) must have regard to— (i) the reports of the special manager under section 36G; and (ii) the report of the Royal Commission into the Casino Operator and Licence; and (iii) the Bergin Report; and (iv) any report of the Perth Casino Royal Commission; and (b) may have regard to— (i) any publicly available answer, information, document or other thing given or produced to the Royal Commission into the Casino Operator and Licence, the inquiry to which the Bergin Report related or the Perth Casino Royal Commission; and (ii) the reports or findings of any relevant regulator or law enforcement agency that has investigated, or is investigating, the Melbourne Casino Operator or any associate of the Melbourne Casino Operator; and (c) must not have regard to any other information, document or thing. (4) Despite section 25(3)(b) of the **Victorian Gambling and Casino Control Commission Act 2011**, the Commission is not required to give the Melbourne Casino Operator or any other person notice or an opportunity to be heard before or in exercising its discretion under subsection (2). (5) Despite section 40 of the **Inquiries Act 2014**, for the purposes of taking action under subsection (1) or exercising its discretion under subsection (2), 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. (6) The validity of any action taken under subsection (1) or determination made under subsection (2) by the Commission is not affected by any invalidity in the performance or exercise of a function or power of the special manager. (7) In this section— ***Bergin Report*** means the Report of the Inquiry under section 143 of the Casino Control Act 1992 of New South Wales dated 1 February 2021 and tabled in the Legislative Assembly of New South Wales on 9 February 2021; ***Perth Casino Royal Commission*** means the Royal Commission to inquire into and report on the affairs of the Crown Casino Perth and related matters established by commission dated 5 March 2021 published in the Western Australian Government Gazette on 12 March 2021; ***relevant regulator or law enforcement agency*** means a regulator or law enforcement agency (by whatever name called) of the Commonwealth, or of a State (including this State) or Territory. S. 36I inserted by No. 54/2021 s. 18.