23Disciplinary action against casino operator

#### 23 Disciplinary action against casino operator 23 Disciplinary action against casino operator > > (1) In this section— > > > > disciplinary action means any one or more of the following actions in relation to a casino licence— > > > > > (a) the cancellation or suspension of the licence, > > > > > (b) the imposition on the casino operator of a pecuniary penalty of up to $100 million, > > > > > (c) the amendment of the terms or conditions of the licence (other than under section 22), > > > > > (c1) a requirement that a casino operator, or a close associate of a casino operator, give an undertaking (an enforceable undertaking) to do or refrain from doing something, > > > > > (d) the issue of a letter of censure to the casino operator. > > > > grounds for disciplinary action means any one or more of the following grounds in respect of a casino licence— > > > > > (a) that the licence was improperly obtained in that, at the time the licence was granted, there were grounds for declining to grant 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 a condition of the licence, > > > > > (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 give effect to the licence and this Act, > > > > > (e) that for specified reasons, it is considered to be no longer in the public interest that the licence should remain in force. > > > (2) The NICC may serve on the 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 against the casino operator on grounds for disciplinary action specified in the notice. > > > (3) The casino operator may, within the period allowed by the notice, arrange with the NICC for the making of submissions to the NICC as to why disciplinary action should not be taken and the NICC is to consider any submissions so made. > > > (4) The NICC may then decide that it is appropriate that certain disciplinary action be taken against the casino operator and may either— > > > > > (a) take that disciplinary action by giving written notice of the action to the casino operator, or > > > > > (b) as an alternative to taking that disciplinary action, take action under section 24. > > > (5) Disciplinary action may be taken against a person whether or not the person has been prosecuted, convicted or penalised for any contravention that is the grounds for the action. > > > (6) Disciplinary action takes effect when notice of it is given or on a later date specified in the notice. > > > (7) The NICC is not to take action under this section unless a member of the NICC who is or has been a Judge, or is an Australian lawyer of at least 7 years’ standing, is present at the meeting of the NICC at which the decision to take the action is made. > > **s 23:** Am 1995 No 56, Sch 1 \[1\]; 2006 No 30, Sch 9.4; 2022 No 36, Sch 1\[21\]–\[24\].