sec.214AGrounds

### sec.214A Grounds Each of the following is a ground for suspending or cancelling a licence under this part— the holder of the licence— is not a suitable person to hold the licence; or acts in a way that is inappropriate for the conduct of gaming; or contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or contravenes a condition of the licence; or contravenes a written direction given to the holder by the commissioner under this Act; the holder of the licence or an associate of the holder has a conviction, other than a spent conviction, for— an offence against this Act or a gaming Act; or an indictable offence; the licence was issued because of a materially false or misleading representation or document. Also, each of the following is a ground for suspending or cancelling a licence under this part that is held by a licensed repairer or a licensed service contractor— the holder of the licence contravenes section 210 (2) ; if the holder or an associate of the holder is an individual—the holder or associate is an insolvent under administration; if the holder or an associate of the holder is a corporation—the holder or associate is affected by control action under the Corporations Act ; an associate of the holder— is not a suitable person to be an associate of the holder; or contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or contravenes a written direction given to the associate by the commissioner under this Act; or has a conviction, other than a spent conviction, for an offence against this Act or a gaming Act, or an indictable offence. For forming a belief that the ground mentioned in subsection (1) (a) (i) exists, the commissioner may have regard to the same matters to which the commissioner may have regard under section 200 (5) (a) , (b) and (f) in considering an application for a licence under this part. For subsection (1) (a) (ii) , the holder of a licence acts in a way that is inappropriate for the conduct of gaming if the holder does, or omits to do, an act that results in— if the holder is a key monitoring employee of a licensed monitoring operator— the licensed monitoring operator’s supply operations not being conducted under the control system for the operator’s supply operations; and the integrity of gaming and the conduct of gaming being jeopardised; or otherwise—the integrity of gaming and the conduct of gaming being jeopardised. For forming a belief that the ground mentioned in subsection (2) (d) (i) exists, the commissioner may have regard to the same matters to which the commissioner may have regard under section 200 (5) (a) and (b) in considering an application for a licence under this part. s 214A ins 2004 No. 21 s 44 amd 2012 No. 25 s 109 (1) ; 2013 No. 25 s 77 ; 2023 No. 23 s 247 sch 1 ss 2 (3) , 19 (sec.214A-ssec.1) Each of the following is a ground for suspending or cancelling a licence under this part— the holder of the licence— is not a suitable person to hold the licence; or acts in a way that is inappropriate for the conduct of gaming; or contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or contravenes a condition of the licence; or contravenes a written direction given to the holder by the commissioner under this Act; the holder of the licence or an associate of the holder has a conviction, other than a spent conviction, for— an offence against this Act or a gaming Act; or an indictable offence; the licence was issued because of a materially false or misleading representation or document. (sec.214A-ssec.2) Also, each of the following is a ground for suspending or cancelling a licence under this part that is held by a licensed repairer or a licensed service contractor— the holder of the licence contravenes section 210 (2) ; if the holder or an associate of the holder is an individual—the holder or associate is an insolvent under administration; if the holder or an associate of the holder is a corporation—the holder or associate is affected by control action under the Corporations Act ; an associate of the holder— is not a suitable person to be an associate of the holder; or contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or contravenes a written direction given to the associate by the commissioner under this Act; or has a conviction, other than a spent conviction, for an offence against this Act or a gaming Act, or an indictable offence. (sec.214A-ssec.3) For forming a belief that the ground mentioned in subsection (1) (a) (i) exists, the commissioner may have regard to the same matters to which the commissioner may have regard under section 200 (5) (a) , (b) and (f) in considering an application for a licence under this part. (sec.214A-ssec.4) For subsection (1) (a) (ii) , the holder of a licence acts in a way that is inappropriate for the conduct of gaming if the holder does, or omits to do, an act that results in— if the holder is a key monitoring employee of a licensed monitoring operator— the licensed monitoring operator’s supply operations not being conducted under the control system for the operator’s supply operations; and the integrity of gaming and the conduct of gaming being jeopardised; or otherwise—the integrity of gaming and the conduct of gaming being jeopardised. (sec.214A-ssec.5) For forming a belief that the ground mentioned in subsection (2) (d) (i) exists, the commissioner may have regard to the same matters to which the commissioner may have regard under section 200 (5) (a) and (b) in considering an application for a licence under this part. - (a) the holder of the licence— (i) is not a suitable person to hold the licence; or (ii) acts in a way that is inappropriate for the conduct of gaming; or (iii) contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or (iv) contravenes a condition of the licence; or (v) contravenes a written direction given to the holder by the commissioner under this Act; - (i) is not a suitable person to hold the licence; or - (ii) acts in a way that is inappropriate for the conduct of gaming; or - (iii) contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or - (iv) contravenes a condition of the licence; or - (v) contravenes a written direction given to the holder by the commissioner under this Act; - (b) the holder of the licence or an associate of the holder has a conviction, other than a spent conviction, for— (i) an offence against this Act or a gaming Act; or (ii) an indictable offence; - (i) an offence against this Act or a gaming Act; or - (ii) an indictable offence; - (c) the licence was issued because of a materially false or misleading representation or document. - (i) is not a suitable person to hold the licence; or - (ii) acts in a way that is inappropriate for the conduct of gaming; or - (iii) contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or - (iv) contravenes a condition of the licence; or - (v) contravenes a written direction given to the holder by the commissioner under this Act; - (i) an offence against this Act or a gaming Act; or - (ii) an indictable offence; - (a) the holder of the licence contravenes section 210 (2) ; - (b) if the holder or an associate of the holder is an individual—the holder or associate is an insolvent under administration; - (c) if the holder or an associate of the holder is a corporation—the holder or associate is affected by control action under the Corporations Act ; - (d) an associate of the holder— (i) is not a suitable person to be an associate of the holder; or (ii) contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or (iii) contravenes a written direction given to the associate by the commissioner under this Act; or (iv) has a conviction, other than a spent conviction, for an offence against this Act or a gaming Act, or an indictable offence. - (i) is not a suitable person to be an associate of the holder; or - (ii) contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or - (iii) contravenes a written direction given to the associate by the commissioner under this Act; or - (iv) has a conviction, other than a spent conviction, for an offence against this Act or a gaming Act, or an indictable offence. - (i) is not a suitable person to be an associate of the holder; or - (ii) contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or - (iii) contravenes a written direction given to the associate by the commissioner under this Act; or - (iv) has a conviction, other than a spent conviction, for an offence against this Act or a gaming Act, or an indictable offence. - (a) if the holder is a key monitoring employee of a licensed monitoring operator— (i) the licensed monitoring operator’s supply operations not being conducted under the control system for the operator’s supply operations; and (ii) the integrity of gaming and the conduct of gaming being jeopardised; or - (i) the licensed monitoring operator’s supply operations not being conducted under the control system for the operator’s supply operations; and - (ii) the integrity of gaming and the conduct of gaming being jeopardised; or - (b) otherwise—the integrity of gaming and the conduct of gaming being jeopardised. - (i) the licensed monitoring operator’s supply operations not being conducted under the control system for the operator’s supply operations; and - (ii) the integrity of gaming and the conduct of gaming being jeopardised; or