40Direction to apply for licence

40 Direction to apply for licence S. 40(1) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 30(a)). (1) For the purposes of this section, a person has a special relationship with a casino if, in the opinion of the Commission— (a) the person is associated with the casino operator or is a casino employee, and has the power to exercise a significant influence over or with respect to operations in the casino; or S. 40(1)(b) amended by No. 23/2025 s. 74(Sch. 1 item 1.7). (b) the person is associated with the casino operator or is a casino employee, and it is in the public interest that the person, because of the person's remuneration or the person's authority in relation to the operations in the casino, be licensed as a special employee. S. 40(2) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 30(a)). (2) The Commission may by notice in writing given to a person who has a special relationship with a casino— (a) direct that the association or employment that constitutes the special relationship is to be regarded as the exercise by the person of the functions of a special employee; and (b) require the person to apply for the appropriate licence within a specified period of not less than 7 days. (3) The association or employment specified in the notice must, for the purposes of this Part, be regarded as the exercise by the person of the functions of a special employee as soon as— (a) the period allowed by the direction for the making of an application for the appropriate licence expires with no application having been made; or (b) (if the application is made within that period) the application is determined. (4) If this section results in a person who has a special relationship with a casino contravening section 38 (Special employees to be licensed)— S. 40(4)(a) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 30(b)). (a) the Commission must notify that person and the casino operator of that fact; and S. 40(4)(b) amended by No. 114/2003 s. 12.1.2 (Sch. 5 item 30(b)). (b) the person and the casino operator are each guilty of an offence if the association or employment that constitutes the contravention is not terminated within 24 hours (or such longer period as the Commission may allow) after that notice is given. (5) The termination of an association or employment in accordance with this section may be effected despite any other Act or any law, award or industrial or other agreement and the State does not incur any liability because of such a termination. S. 40(6) inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 31).