14Persons engaged in administration of gaming and liquor legislation to be of highest integrity

#### 14 Persons engaged in administration of gaming and liquor legislation to be of highest integrity 14 Persons engaged in administration of gaming and liquor legislation to be of highest integrity > > (1) This section applies to the following positions— > > > > > (a) member of the Authority, > > > > > (a1) Commissioner of the NICC, > > > > > (b) designated Public Service employee nominated by the Secretary in writing (or designated by the Authority in writing before the substitution of this paragraph by the [Gaming and Liquor Administration Amendment Act 2015](/view/html/repealed/current/act-2015-056)) for the purposes of this section, > > > > > (b1) inspector, > > > > > (b2) (Repealed) > > > > > (c) consultant to the Authority designated by the Authority in writing for the purposes of this section, > > > > > (d) consultant to the NICC designated by the NICC in writing for the purposes of this section. > > > (2) A person is not eligible to be appointed to, or to hold, a position to which this section applies unless the person possesses the highest standard of integrity. > > > (3) The question of whether a person possesses the highest standard of integrity is to be determined by the person responsible for the position concerned, namely— > > > > > (a) the Minister—in the case of the position of member of the Authority or a Commissioner of the NICC, or > > > > > (b) the Authority—in the case of the position of consultant to the Authority, or > > > > > (b1) the NICC—for the position of consultant to the NICC, or > > > > > (c) the Secretary—in the case of the position of designated Public Service employee or inspector. > > > > > (d) (Repealed) > > > (4) For the purpose of making such a determination, the person responsible for the position must (in the case of proposed appointments) and may (in all other cases) cause to be carried out all such investigations and inquiries as the person considers proper and, in particular, must (in the case of proposed appointments) and may (in all other cases) obtain and consider a report from the Commissioner of Police in relation to any person being considered for appointment to the position, or the holder of the position, as the case requires. > > > (5) In carrying out any investigation or inquiry for the purposes of this section, the Authority and the Secretary must comply with such guidelines as the Authority or the Secretary (as the case requires) may from time to time establish in connection with the conduct of such an investigation or inquiry. > > > (6) The Commissioner of Police is to furnish such a report at the request of the person responsible for the position and may for the purpose of the report require a person to whom the report relates to consent to having his or her photograph, finger prints and palm prints taken. > > > (7) If a person fails to co-operate with an investigation or inquiry under subsection (4) in relation to a position to which this section applies— > > > > > (a) in the case of a candidate for appointment to such a position, the person is not eligible to be appointed to the position, and > > > > > (b) in the case of the holder of such a position, that person is liable to be removed from the position. > > > (8) For the purposes of subsection (7), a person fails to co-operate with an investigation or inquiry under subsection (4) if— > > > > > (a) the person refuses or fails to comply with a request for information from the person conducting the investigation or inquiry, or > > > > > (b) the person refuses or fails to comply with a request for information from the Commissioner of Police in relation to the preparation of a report under subsection (6), or > > > > > (c) the person refuses or fails to comply with a request for consent under subsection (6). > > > (9) No compensation is payable to any person as a consequence of the holder of a position to which this section applies being removed from the position under subsection (7). > > > (10) A person is not eligible to be appointed to, or to hold, a position to which this section applies if— > > > > > (a) the person is, or was at any time during the previous 4 years, an employee of a person who is the holder of, or a close associate of the holder of, a casino licence or a party to a controlled contract with the holder of a casino licence, or > > > > > (b) the person has, or had at any time during the previous 4 years, directly or indirectly any business or financial association with, or any business or financial interest in any matter in conjunction with, a person who is the holder of, or a close associate of the holder of, a casino licence or a party to a controlled contract with the holder of a casino licence. > > > (11) For the purposes of subsection (10), casino licence includes any licence or other form of authorisation that authorises its holder to conduct casino style gaming in any place outside the State (including outside Australia). > > > (12) In the case of the position of consultant to the Authority, the Authority may waive the operation of subsection (10) in a particular case. > > > (12A) For a position of consultant to the NICC, the NICC may waive the operation of subsection (10) in a particular case. > > > (13) In the case of the position of designated Public Service employee or inspector, the Secretary may waive the operation of subsection (10) in a particular case. > > **s 14:** Am 2014 No 76, Sch 2 \[13\]–\[17\]; 2015 No 56, Sch 1 \[14\]–\[16\]; 2022 No 36, Sch 3.1\[10\]–\[14\].