sec.336Review and termination of agreements

### sec.336 Review and termination of agreements A holder of a licence under this Act, if directed by the commissioner to do so, must furnish to the commissioner within the time stipulated in the direction such information or material as the commissioner thinks fit with respect to any lease, agreement or arrangement ( the agreement ) that the holder has with any other person relating to the conduct of the business of the holder. Maximum penalty—200 penalty units. Without limiting subsection (1) , matters concerning which the commissioner may direct the furnishing of information or material include— names of persons entering into the agreement; and description of any property, goods or other things or any services provided or to be provided; and value, type or nature of consideration; and period of the agreement. A holder of a licence under this Act, if directed by the commissioner to do so, must furnish to the commissioner within the time stipulated in the direction a copy of the agreement (if it is in writing). Maximum penalty—200 penalty units. If the commissioner, after reviewing information or material furnished under this section, considers (having regard to the terms of the agreement and such other information or material as the commissioner considers is relevant) that the continuation of the agreement— is not in the public interest; or jeopardises the integrity of— gaming; or the conduct of gaming; or the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; the commissioner may issue to a holder of a licence under this Act who is the party to the agreement a written notice to show cause why the agreement should not be terminated. Notice under subsection (4) is to set out the grounds for its issue and is to stipulate a date, not less than 21 days after its issue, on or before which cause is to be shown. Copy of the notice under subsection (4) is to be given to the other party to the agreement. A holder of a licence under this Act to whom notice under subsection (4) is issued may give a written answer to the commissioner to show cause at any time not later than the date stipulated in the notice in that respect. The other party may make such written submissions to the commissioner as the party thinks fit at any time not later than that stipulated date. The commissioner is to consider any answers given in reply to the notice to show cause and any submissions made under subsection (8) and, if the commissioner considers that— satisfactory answers are given or submissions made in reply to or in respect of the notice—the commissioner is not to take any action or any further action in relation to the notice; or answers given or submissions made in reply to or in respect of the notice are not satisfactory or if no answers are given and no submissions are made—the commissioner may direct the termination of the agreement. If a delegate of the commissioner exercises the commissioner’s power under subsection (9) , the power to direct termination of the agreement under subsection (9) (b) may be exercised only by the commissioner on the recommendation of the delegate. The commissioner’s direction under subsection (9) (b) is to be given in writing to the parties to the agreement and is to specify the reasons for the termination and a date on which the agreement is terminated under this Act if not sooner terminated. The agreement in question, if not sooner terminated by the parties to the agreement, is terminated by force of this Act on the date specified for the purpose in the direction. The termination of the agreement by force of this Act does not affect the rights and obligations of the parties to the agreement up to the time of such termination. No liability for breach of the agreement attaches to any party to the agreement because of its termination by force of this Act. s 336 amd 1992 No. 35 sch; 1993 No. 63 s 2 sch ; 1994 No. 87 s 3 sch 1 ; 1997 No. 24 s 61 sch ; 1999 No. 77 s 138 ; 2008 No. 2 s 62 ; 2012 No. 25 s 96 ; 2013 No. 25 s 91 (sec.336-ssec.1) A holder of a licence under this Act, if directed by the commissioner to do so, must furnish to the commissioner within the time stipulated in the direction such information or material as the commissioner thinks fit with respect to any lease, agreement or arrangement ( the agreement ) that the holder has with any other person relating to the conduct of the business of the holder. Maximum penalty—200 penalty units. (sec.336-ssec.2) Without limiting subsection (1) , matters concerning which the commissioner may direct the furnishing of information or material include— names of persons entering into the agreement; and description of any property, goods or other things or any services provided or to be provided; and value, type or nature of consideration; and period of the agreement. (sec.336-ssec.3) A holder of a licence under this Act, if directed by the commissioner to do so, must furnish to the commissioner within the time stipulated in the direction a copy of the agreement (if it is in writing). Maximum penalty—200 penalty units. (sec.336-ssec.4) If the commissioner, after reviewing information or material furnished under this section, considers (having regard to the terms of the agreement and such other information or material as the commissioner considers is relevant) that the continuation of the agreement— is not in the public interest; or jeopardises the integrity of— gaming; or the conduct of gaming; or the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; the commissioner may issue to a holder of a licence under this Act who is the party to the agreement a written notice to show cause why the agreement should not be terminated. (sec.336-ssec.5) Notice under subsection (4) is to set out the grounds for its issue and is to stipulate a date, not less than 21 days after its issue, on or before which cause is to be shown. (sec.336-ssec.6) Copy of the notice under subsection (4) is to be given to the other party to the agreement. (sec.336-ssec.7) A holder of a licence under this Act to whom notice under subsection (4) is issued may give a written answer to the commissioner to show cause at any time not later than the date stipulated in the notice in that respect. (sec.336-ssec.8) The other party may make such written submissions to the commissioner as the party thinks fit at any time not later than that stipulated date. (sec.336-ssec.9) The commissioner is to consider any answers given in reply to the notice to show cause and any submissions made under subsection (8) and, if the commissioner considers that— satisfactory answers are given or submissions made in reply to or in respect of the notice—the commissioner is not to take any action or any further action in relation to the notice; or answers given or submissions made in reply to or in respect of the notice are not satisfactory or if no answers are given and no submissions are made—the commissioner may direct the termination of the agreement. (sec.336-ssec.10) If a delegate of the commissioner exercises the commissioner’s power under subsection (9) , the power to direct termination of the agreement under subsection (9) (b) may be exercised only by the commissioner on the recommendation of the delegate. (sec.336-ssec.11) The commissioner’s direction under subsection (9) (b) is to be given in writing to the parties to the agreement and is to specify the reasons for the termination and a date on which the agreement is terminated under this Act if not sooner terminated. (sec.336-ssec.12) The agreement in question, if not sooner terminated by the parties to the agreement, is terminated by force of this Act on the date specified for the purpose in the direction. (sec.336-ssec.13) The termination of the agreement by force of this Act does not affect the rights and obligations of the parties to the agreement up to the time of such termination. (sec.336-ssec.14) No liability for breach of the agreement attaches to any party to the agreement because of its termination by force of this Act. - (a) names of persons entering into the agreement; and - (b) description of any property, goods or other things or any services provided or to be provided; and - (c) value, type or nature of consideration; and - (d) period of the agreement. - (a) is not in the public interest; or - (b) jeopardises the integrity of— (i) gaming; or (ii) the conduct of gaming; or (iii) the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; - (i) gaming; or - (ii) the conduct of gaming; or - (iii) the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; - (i) gaming; or - (ii) the conduct of gaming; or - (iii) the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment; - (a) satisfactory answers are given or submissions made in reply to or in respect of the notice—the commissioner is not to take any action or any further action in relation to the notice; or - (b) answers given or submissions made in reply to or in respect of the notice are not satisfactory or if no answers are given and no submissions are made—the commissioner may direct the termination of the agreement.