68CPayments into and out of Fund

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; Gaming Control Act 1993 49 (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). Gaming Control Act 1993 50 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. Gaming Control Act 1993 51 (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. Gaming Control Act 1993 52 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.