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Gaming Control Act 1993
68CPayments into and out of Fund
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68C Payments into and out of Fund
(1) The following money is to be paid into the Community Benefit Fund:
(a) all money received and assessed by the Director under
section 156 of the Gaming Machine Act 1995 as gaming
machine community benefit levy;
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(aa) all money received and assessed by the Director as gaming
machine community benefit levy under section 35A;
(b) all money received by the Director as unclaimed prizes (other
than unclaimed prizes in respect of foreign lotteries conducted
under section 40);
(c) all money forfeited under section 78;
(d) all other money that, under any Act, is required to be paid into
the Fund.
(2) The Minister must determine the total amount to be paid out of the
Fund in a financial year in respect of each purpose specified in
section 68A(2).
(3) An application:
(a) for a grant for a purpose mentioned in section 68A(2)(a) or (b),
or for a minor benefit for a purpose mentioned in
section 68A(2)(c), is made to the Director; and
(b) for a major benefit for a purpose mentioned in
section 68A(2)(c) is made to the Community Benefit
Committee.
(4) If an application is made to the Director or the Committee, the
Director or Committee must:
(a) consider the application; and
(b) recommend to the Minister that the Minister:
(i) approve the whole or part of the grant or benefit; or
(ii) refuse to approve the grant or benefit.
(5) The Minister may, having regard to the recommendation of the
Director or Committee:
(a) approve the whole or part of the grant or benefit; or
(b) refuse to approve the grant or benefit.
(6) If at the end of a financial year there is surplus money remaining in
the Fund, that money must be:
(a) retained in the Fund; and
(b) applied to the following financial year for the purposes
mentioned in section 68A(2).
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68CA Definitions
In this Part:
affected person, for a reviewable decision, means a person to
whom any of the following applies:
(a) for a decision that relates to disciplinary action relating to a
licence – the person is the licensee;
(b) for a decision that was made in relation to an application – the
person is the applicant;
(c) the person made a submission, complaint or objection
(however described) during the process that resulted in the
decision being made.
delegate decision means a reviewable decision that is made by a
delegate of the Director.
reviewable decision means a decision prescribed by regulation.
68CB Notice of delegate decision
(1) As soon as practicable after making a delegate decision, a delegate
of the Director must give written notice of the decision to each
affected person.
(2) The notice must state the following:
(a) the delegate decision and the reasons for it;
(b) that the affected person may apply for a review of the decision
under section 68CC;
(c) the period allowed for applying for a review.
68CC Application for review
(1) An affected person for a delegate decision may apply to the
Director for a review of the decision.
(2) The application must be made:
(a) within 28 days after written notice of the delegate decision is
given to the affected person; or
(b) by any later date allowed by the Director.
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(3) The application must:
(a) be in the approved form; and
(b) be accompanied by the fee prescribed by regulation; and
(c) state the grounds on which it is made and the facts relied on
to establish the grounds.
68CD Effect of application on delegate decision
(1) The making of the application does not stay the operation of the
delegate decision.
(2) Despite subsection (1), the Director may stay the operation of the
delegate decision pending completion of the review.
68CE Director to consider application
(1) On receipt of the application, the Director must review the delegate
decision.
(2) Despite subsection (1), if satisfied the application is frivolous or
vexatious, the Director may reject the application without reviewing
the delegate decision.
68CF Conducting and deciding review
(1) In reviewing the delegate decision, the Director must:
(a) take into account any matter that this Act requires the Director
to take into account in reviewing the decision; and
(b) follow the procedures for review determined by the Director;
and
(c) comply with the rules of natural justice.
(2) After reviewing the delegate decision, the Director must:
(a) affirm the decision; or
(b) vary the decision; or
(c) set aside the decision and substitute a new decision.
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68CG Notice of decision on review
(1) As soon as practicable after making a decision under section 68CF,
the Director must give written notice of the decision to the following
persons:
(a) the applicant;
(b) any other affected person.
(2) The notice must state the following:
(a) the Director's decision and the reasons for it;
(b) details of any right the person has under this Act to apply for a
review of, or to appeal, the Director's decision.
68CH Application to NTCAT for review of Director's decision
(1) Subject to subsection (2), an affected person for a reviewable
decision may apply to NTCAT for review of the decision.
(2) An affected person may only apply to NTCAT once the person has
exhausted any other available avenue of review under this Division.
Note for section 68CH
A delegate decision must be reviewed by the Director under this Division before
an application is made to NTCAT.