sec.217Returns about employees and agreements

### sec.217 Returns about employees and agreements In this section— employer means a licensed monitoring operator, licensed repairer or licensed service contractor. An employer must give the commissioner a return as required by this section stating the name and licence number of each person employed by the employer as a licensed repairer when the return is given. Maximum penalty—40 penalty units. An employer must give the commissioner a return as required by this section stating the name and licence number of each person with whom the employer has a service contract when the return is given. Maximum penalty—40 penalty units. A licensee must give the commissioner a return as required by this section stating— the name of each person employed by a licensee to carry out gaming duties for licensed premises of the licensee when the return is given; and the name and licence number of each licensed gaming nominee who is a nominee of the licensee under section 193 (1) for licensed premises of the licensee when the return is given; and the name and licence number of each licensed gaming employee who is a nominee of the licensee under section 193 (2) for licensed premises of the licensee when the return is given; and the name of each applicant for a gaming nominee’s licence who is a nominee of the licensee under section 193 (3) for licensed premises of the licensee when the return is given. Maximum penalty—40 penalty units. A return for subsection (2) , (3) or (4) must— be in the approved form; and be given within 14 days after being requested by the commissioner to give the return. A request made by the commissioner to an employer or licensee for subsection (5) (b) — must be in writing; and must not be made within 1 month of a previous request made to the employer or licensee for subsection (5) (b) . If it becomes known to an employer that a person employed by the employer as a licensed repairer is not a licensed repairer the employer must immediately terminate the employment of that person as a licensed repairer. Maximum penalty—200 penalty units. If it becomes known to the commissioner or a licensed monitoring operator that a person with whom the commissioner or licensed monitoring operator has made a service contract is not a licensed repairer or licensed service contractor the commissioner or licensed monitoring operator must immediately terminate the service contract. Maximum penalty—200 penalty units or 1 year’s imprisonment. If it becomes known to a licensed repairer or licensed service contractor that a person (other than the commissioner or a licensed monitoring operator) with whom the repairer or service contractor has made a service contract is not a licensed repairer or licensed service contractor the licensed repairer or licensed service contractor must immediately terminate the service contract. Maximum penalty—200 penalty units or 1 year’s imprisonment. A licensee must immediately end the employment of a person employed by the licensee if the person is employed on the basis the person is a licensed gaming nominee and the licensee becomes aware the person is not a licensed gaming nominee. Maximum penalty—200 penalty units. A licensee must immediately take action to stop a person being the licensee’s nominee for licensed premises of the licensee if— the licensee designated the person as the licensee’s nominee for the premises on the basis the person was a licensed gaming nominee and the licensee becomes aware the person is not a licensed gaming nominee; or the licensee designated the person as the licensee’s nominee for the premises on the basis the person holds a current responsible service of gambling course certificate and the licensee becomes aware the person does not hold a current responsible service of gambling course certificate. Maximum penalty—200 penalty units. The provisions of subsection (7) , (8) , (9) , (10) or (11) are sufficient authority to take the action mentioned in that subsection, despite any other Act or law or any industrial award or agreement. No right of action arises against any person because of that termination. s 217 orig s 217 ins 1995 No. 58 s 4 sch 1 exp 28 May 1996 (see s 217(3)) prev s 217 ins 1997 No. 24 s 60 om 1999 No. 8 s 119 pres s 217 amd 1992 No. 35 sch; 1993 No. 63 s 2 sch ; 1995 No. 58 s 4 sch 1 ; 1997 No. 24 s 61 sch ; 1999 No. 8 s 69 ; 1999 No. 77 ss 81 , 3 sch 1 ; 2002 No. 43 s 111 sch 1 ; 2012 No. 25 ss 31 , 109 (1) (sec.217-ssec.1) In this section— employer means a licensed monitoring operator, licensed repairer or licensed service contractor. (sec.217-ssec.2) An employer must give the commissioner a return as required by this section stating the name and licence number of each person employed by the employer as a licensed repairer when the return is given. Maximum penalty—40 penalty units. (sec.217-ssec.3) An employer must give the commissioner a return as required by this section stating the name and licence number of each person with whom the employer has a service contract when the return is given. Maximum penalty—40 penalty units. (sec.217-ssec.4) A licensee must give the commissioner a return as required by this section stating— the name of each person employed by a licensee to carry out gaming duties for licensed premises of the licensee when the return is given; and the name and licence number of each licensed gaming nominee who is a nominee of the licensee under section 193 (1) for licensed premises of the licensee when the return is given; and the name and licence number of each licensed gaming employee who is a nominee of the licensee under section 193 (2) for licensed premises of the licensee when the return is given; and the name of each applicant for a gaming nominee’s licence who is a nominee of the licensee under section 193 (3) for licensed premises of the licensee when the return is given. Maximum penalty—40 penalty units. (sec.217-ssec.5) A return for subsection (2) , (3) or (4) must— be in the approved form; and be given within 14 days after being requested by the commissioner to give the return. (sec.217-ssec.6) A request made by the commissioner to an employer or licensee for subsection (5) (b) — must be in writing; and must not be made within 1 month of a previous request made to the employer or licensee for subsection (5) (b) . (sec.217-ssec.7) If it becomes known to an employer that a person employed by the employer as a licensed repairer is not a licensed repairer the employer must immediately terminate the employment of that person as a licensed repairer. Maximum penalty—200 penalty units. (sec.217-ssec.8) If it becomes known to the commissioner or a licensed monitoring operator that a person with whom the commissioner or licensed monitoring operator has made a service contract is not a licensed repairer or licensed service contractor the commissioner or licensed monitoring operator must immediately terminate the service contract. Maximum penalty—200 penalty units or 1 year’s imprisonment. (sec.217-ssec.9) If it becomes known to a licensed repairer or licensed service contractor that a person (other than the commissioner or a licensed monitoring operator) with whom the repairer or service contractor has made a service contract is not a licensed repairer or licensed service contractor the licensed repairer or licensed service contractor must immediately terminate the service contract. Maximum penalty—200 penalty units or 1 year’s imprisonment. (sec.217-ssec.10) A licensee must immediately end the employment of a person employed by the licensee if the person is employed on the basis the person is a licensed gaming nominee and the licensee becomes aware the person is not a licensed gaming nominee. Maximum penalty—200 penalty units. (sec.217-ssec.11) A licensee must immediately take action to stop a person being the licensee’s nominee for licensed premises of the licensee if— the licensee designated the person as the licensee’s nominee for the premises on the basis the person was a licensed gaming nominee and the licensee becomes aware the person is not a licensed gaming nominee; or the licensee designated the person as the licensee’s nominee for the premises on the basis the person holds a current responsible service of gambling course certificate and the licensee becomes aware the person does not hold a current responsible service of gambling course certificate. Maximum penalty—200 penalty units. (sec.217-ssec.12) The provisions of subsection (7) , (8) , (9) , (10) or (11) are sufficient authority to take the action mentioned in that subsection, despite any other Act or law or any industrial award or agreement. (sec.217-ssec.13) No right of action arises against any person because of that termination. - (a) the name of each person employed by a licensee to carry out gaming duties for licensed premises of the licensee when the return is given; and - (b) the name and licence number of each licensed gaming nominee who is a nominee of the licensee under section 193 (1) for licensed premises of the licensee when the return is given; and - (c) the name and licence number of each licensed gaming employee who is a nominee of the licensee under section 193 (2) for licensed premises of the licensee when the return is given; and - (d) the name of each applicant for a gaming nominee’s licence who is a nominee of the licensee under section 193 (3) for licensed premises of the licensee when the return is given. - (a) be in the approved form; and - (b) be given within 14 days after being requested by the commissioner to give the return. - (a) must be in writing; and - (b) must not be made within 1 month of a previous request made to the employer or licensee for subsection (5) (b) . - (a) the licensee designated the person as the licensee’s nominee for the premises on the basis the person was a licensed gaming nominee and the licensee becomes aware the person is not a licensed gaming nominee; or - (b) the licensee designated the person as the licensee’s nominee for the premises on the basis the person holds a current responsible service of gambling course certificate and the licensee becomes aware the person does not hold a current responsible service of gambling course certificate.