sec.90CDecision on decrease proposal (hours of gaming)

### sec.90C Decision on decrease proposal (hours of gaming) The commissioner may, in relation to a decrease proposal (hours of gaming)— approve the proposal without modification; or modify the proposal and approve the proposal as modified by the commissioner; or refuse to approve the proposal. In making the decision, the commissioner must have regard to— any submission received under section 90B (2) (c) ; and the matters the commissioner had regard to in considering the decrease proposal under section 90B . If the decrease proposal is an application, the commissioner— must not refuse to approve a decrease if the refusal is likely to impose an unreasonable financial burden on the licensee; and may not approve a decrease that is greater than the decrease sought in the application. If the decrease proposal is a request or report, the commissioner may not approve a decrease if the approval is likely to impose an unreasonable financial burden on the licensee. The commissioner must immediately give written notice of a decision of the commissioner under subsection (1) to the licensee if— the decision relates to an application and is a decision approving the decrease as sought in the application; or the decision relates to a request or report and is a decision refusing to approve a decrease. The commissioner must immediately give the licensee an information notice for a decision of the commissioner under subsection (1) if— the decision relates to an application and is a decision— refusing to approve a decrease; or approving a decrease that differs from the decrease sought in the application; or the decision relates to a request or report and is a decision approving a decrease. s 90C ins 2000 No. 51 s 45 sub 2012 No. 25 s 66 (sec.90C-ssec.1) The commissioner may, in relation to a decrease proposal (hours of gaming)— approve the proposal without modification; or modify the proposal and approve the proposal as modified by the commissioner; or refuse to approve the proposal. (sec.90C-ssec.2) In making the decision, the commissioner must have regard to— any submission received under section 90B (2) (c) ; and the matters the commissioner had regard to in considering the decrease proposal under section 90B . (sec.90C-ssec.3) If the decrease proposal is an application, the commissioner— must not refuse to approve a decrease if the refusal is likely to impose an unreasonable financial burden on the licensee; and may not approve a decrease that is greater than the decrease sought in the application. (sec.90C-ssec.4) If the decrease proposal is a request or report, the commissioner may not approve a decrease if the approval is likely to impose an unreasonable financial burden on the licensee. (sec.90C-ssec.5) The commissioner must immediately give written notice of a decision of the commissioner under subsection (1) to the licensee if— the decision relates to an application and is a decision approving the decrease as sought in the application; or the decision relates to a request or report and is a decision refusing to approve a decrease. (sec.90C-ssec.6) The commissioner must immediately give the licensee an information notice for a decision of the commissioner under subsection (1) if— the decision relates to an application and is a decision— refusing to approve a decrease; or approving a decrease that differs from the decrease sought in the application; or the decision relates to a request or report and is a decision approving a decrease. - (a) approve the proposal without modification; or - (b) modify the proposal and approve the proposal as modified by the commissioner; or - (c) refuse to approve the proposal. - (a) any submission received under section 90B (2) (c) ; and - (b) the matters the commissioner had regard to in considering the decrease proposal under section 90B . - (a) must not refuse to approve a decrease if the refusal is likely to impose an unreasonable financial burden on the licensee; and - (b) may not approve a decrease that is greater than the decrease sought in the application. - (a) the decision relates to an application and is a decision approving the decrease as sought in the application; or - (b) the decision relates to a request or report and is a decision refusing to approve a decrease. - (a) the decision relates to an application and is a decision— (i) refusing to approve a decrease; or (ii) approving a decrease that differs from the decrease sought in the application; or - (i) refusing to approve a decrease; or - (ii) approving a decrease that differs from the decrease sought in the application; or - (b) the decision relates to a request or report and is a decision approving a decrease. - (i) refusing to approve a decrease; or - (ii) approving a decrease that differs from the decrease sought in the application; or