sec.212Conducting investigations of licensed persons and associates

### sec.212 Conducting investigations of licensed persons and associates The commissioner may investigate a licensed person to help the commissioner decide whether the person is a suitable person to hold a licence of the kind held by the person. The commissioner may investigate an associate of a licensed person to help the commissioner decide whether the associate is a suitable person to be an associate of the licensed person. However, the commissioner may investigate a licensed person— only if the commissioner reasonably suspects the person is not a suitable person to hold a licence of the kind held by the person; or if the licensed person is a licensed gaming nominee, licensed repairer or licensed service contractor—only if the investigation is conducted under a nominees audit program, repairers audit program or contractors audit program. Also, the commissioner may investigate an associate of the licensed person only if— the commissioner reasonably suspects the associate is not a suitable person to be an associate of the licensed person; or for an associate who was an associate of the licensed person when the person’s licence was issued—the associate has not been investigated under section 200 (2) ; or for an associate who is an associate of a licensed gaming nominee, licensed repairer or licensed service contractor— the investigation is conducted under an associates (nominees) audit program, associates (repairers) audit program or associates (contractors) audit program; or for an associate who became an associate of the licensed person after the issue of the person’s licence—the associate has not been investigated previously under an associates (nominees) audit program, associates (repairers) audit program or associates (contractors) audit program. The commissioner must ensure the investigation of a person under an audit program approved by the Minister under section 211 (1) is conducted in compliance with the program. s 212 ins 1999 No. 8 s 68 amd 2002 No. 43 s 72 ; 2012 No. 25 s 109 (1) (sec.212-ssec.1) The commissioner may investigate a licensed person to help the commissioner decide whether the person is a suitable person to hold a licence of the kind held by the person. (sec.212-ssec.2) The commissioner may investigate an associate of a licensed person to help the commissioner decide whether the associate is a suitable person to be an associate of the licensed person. (sec.212-ssec.3) However, the commissioner may investigate a licensed person— only if the commissioner reasonably suspects the person is not a suitable person to hold a licence of the kind held by the person; or if the licensed person is a licensed gaming nominee, licensed repairer or licensed service contractor—only if the investigation is conducted under a nominees audit program, repairers audit program or contractors audit program. (sec.212-ssec.4) Also, the commissioner may investigate an associate of the licensed person only if— the commissioner reasonably suspects the associate is not a suitable person to be an associate of the licensed person; or for an associate who was an associate of the licensed person when the person’s licence was issued—the associate has not been investigated under section 200 (2) ; or for an associate who is an associate of a licensed gaming nominee, licensed repairer or licensed service contractor— the investigation is conducted under an associates (nominees) audit program, associates (repairers) audit program or associates (contractors) audit program; or for an associate who became an associate of the licensed person after the issue of the person’s licence—the associate has not been investigated previously under an associates (nominees) audit program, associates (repairers) audit program or associates (contractors) audit program. (sec.212-ssec.5) The commissioner must ensure the investigation of a person under an audit program approved by the Minister under section 211 (1) is conducted in compliance with the program. - (a) only if the commissioner reasonably suspects the person is not a suitable person to hold a licence of the kind held by the person; or - (b) if the licensed person is a licensed gaming nominee, licensed repairer or licensed service contractor—only if the investigation is conducted under a nominees audit program, repairers audit program or contractors audit program. - (a) the commissioner reasonably suspects the associate is not a suitable person to be an associate of the licensed person; or - (b) for an associate who was an associate of the licensed person when the person’s licence was issued—the associate has not been investigated under section 200 (2) ; or - (c) for an associate who is an associate of a licensed gaming nominee, licensed repairer or licensed service contractor— (i) the investigation is conducted under an associates (nominees) audit program, associates (repairers) audit program or associates (contractors) audit program; or (ii) for an associate who became an associate of the licensed person after the issue of the person’s licence—the associate has not been investigated previously under an associates (nominees) audit program, associates (repairers) audit program or associates (contractors) audit program. - (i) the investigation is conducted under an associates (nominees) audit program, associates (repairers) audit program or associates (contractors) audit program; or - (ii) for an associate who became an associate of the licensed person after the issue of the person’s licence—the associate has not been investigated previously under an associates (nominees) audit program, associates (repairers) audit program or associates (contractors) audit program. - (i) the investigation is conducted under an associates (nominees) audit program, associates (repairers) audit program or associates (contractors) audit program; or - (ii) for an associate who became an associate of the licensed person after the issue of the person’s licence—the associate has not been investigated previously under an associates (nominees) audit program, associates (repairers) audit program or associates (contractors) audit program.