Charitable and Non-Profit Gaming Act 1999
sec.58Grounds for suspension or cancellation of general licence
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sec.58 Grounds for suspension or cancellation of general licence
Each of the following is a ground for suspending or cancelling a general licence— the general licensee is not a suitable person to hold the licence, or, if the licensee is an unincorporated association, each management member of the association is not a suitable person to hold the licence if the member were the licensee; for a general licence other than a special category 3 gaming licence—a business or executive associate of the general licensee is not a suitable person to be associated with the licensee’s operations under the licence; the general licensee is convicted of an offence against this Act or a gaming Act; the general licensee is convicted of an indictable offence; the general licensee fails to comply with a condition of the licence; the general licensee fails to comply with a direction given by the chief executive about the licensee’s management practices or conduct of general gaming; the general licensee fails to discharge the licensee’s financial commitments for the licensee’s operations under the licence; the general licensee is affected by bankruptcy action; the general licensee is affected by control action under the Corporations Act ; a mortgagee is in possession of premises owned by the general licensee and used for general gaming under the licence. For forming a belief that the ground mentioned in subsection (1) (a) exists, the chief executive may have regard to the same issues to which the chief executive may have regard in deciding whether a proposed licensee is a suitable person to hold the licence. For forming a belief that the ground mentioned in subsection (1) (b) exists, the chief executive may have regard to the same issues to which the chief executive may have regard in deciding whether a business or executive associate of a proposed licensee is a suitable person to be associated with the licensee’s proposed operations under the licence. For subsection (1) (h) , a licensee is affected by bankruptcy action if the licensee— is bankrupt; or has compounded with creditors; or has otherwise taken, or applied to take, advantage of any law about bankruptcy. For subsection (1) (i) , a licensee is affected by control action under the Corporations Act if the licensee— has executed a deed of company arrangement under that Act; or is the subject of a winding-up, whether voluntarily or under a court order, under that Act; or is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act. s 58 amd 2001 No. 45 s 29 sch 3 (sec.58-ssec.1) Each of the following is a ground for suspending or cancelling a general licence— the general licensee is not a suitable person to hold the licence, or, if the licensee is an unincorporated association, each management member of the association is not a suitable person to hold the licence if the member were the licensee; for a general licence other than a special category 3 gaming licence—a business or executive associate of the general licensee is not a suitable person to be associated with the licensee’s operations under the licence; the general licensee is convicted of an offence against this Act or a gaming Act; the general licensee is convicted of an indictable offence; the general licensee fails to comply with a condition of the licence; the general licensee fails to comply with a direction given by the chief executive about the licensee’s management practices or conduct of general gaming; the general licensee fails to discharge the licensee’s financial commitments for the licensee’s operations under the licence; the general licensee is affected by bankruptcy action; the general licensee is affected by control action under the Corporations Act ; a mortgagee is in possession of premises owned by the general licensee and used for general gaming under the licence. (sec.58-ssec.2) For forming a belief that the ground mentioned in subsection (1) (a) exists, the chief executive may have regard to the same issues to which the chief executive may have regard in deciding whether a proposed licensee is a suitable person to hold the licence. (sec.58-ssec.3) For forming a belief that the ground mentioned in subsection (1) (b) exists, the chief executive may have regard to the same issues to which the chief executive may have regard in deciding whether a business or executive associate of a proposed licensee is a suitable person to be associated with the licensee’s proposed operations under the licence. (sec.58-ssec.4) For subsection (1) (h) , a licensee is affected by bankruptcy action if the licensee— is bankrupt; or has compounded with creditors; or has otherwise taken, or applied to take, advantage of any law about bankruptcy. (sec.58-ssec.5) For subsection (1) (i) , a licensee is affected by control action under the Corporations Act if the licensee— has executed a deed of company arrangement under that Act; or is the subject of a winding-up, whether voluntarily or under a court order, under that Act; or is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act.