36ZCosts of investigations

36Z Costs of investigations

(1) The Commission, by written notice, may require a person referred to in subsection (2) to pay to the Commission the amount determined by the Commission being an amount not exceeding the reasonable costs of the Commission in carrying out—

(a) an investigation for the purposes of determining an application under section 36V for approval to acquire a relevant interest; or

(b) an investigation under section 36X to determine whether a person who has a acquired a relevant interest remains a suitable person to hold the relevant interest.

(2) The person is—

(a) in relation to subsection (1)(a), the person who applied for approval; or

(b) in relation to subsection (1)(b), the person who acquired the relevant interest.

(3) An amount payable under subsection (1) may be recovered in a court of competent jurisdiction as a debt due to the State.

S. 36ZA inserted by No. 42/2022 s. 22.

36ZA Establishing who holds relevant interests

(1) The Commission, by written notice, may direct a casino operator or a holding company of a casino operator to—

(a) take reasonable steps to identify the persons who have acquired a relevant interest in the casino operator or a holding company of the casino operator and the nature and extent of the relevant interest; and

(b) give the Commission written notice of the following—

(i) the name of each person so identified;

(ii) the name of the company in which the person's relevant interest has been acquired;

(iii) the nature and extent of the relevant interest.

(2) It is a condition of a casino licence that the casino operator or a holding company of the casino operator complies with a direction of the Commission under subsection (1).

Section 10.5.16 of the Gambling Regulation Act 2003 creates an offence of giving information that is false or misleading in a material particular that applies to this section.

Division 3—Corporate governance

S. 36ZB inserted by No. 42/2022 s. 22.

36ZB Casino operator to have independent board

(1) It is a condition of a casino licence that the majority of directors of the casino operator are persons—

(a) who are free of any interest, position or relationship that might influence, or reasonably be perceived to influence, in a material respect their capacity to bring an independent judgement to bear on issues before the directors; and

(b) who are free to act in the best interests of the operator as a whole rather than those of an individual security holder or other person; and