165Review and termination of agreements

165 Review and termination of agreements (1) A prescribed person, if directed by the Director, shall provide to the Director within the time specified in the direction such information

Gaming Machine Act 1995 140 or material as the Director thinks fit with respect to a lease, agreement or arrangement (the agreement) that the prescribed person has with any other person relating to the conduct of the business of the prescribed person. (2) Without limiting the generality of subsection (1), matters in respect of which the Director may direct the provision of information or material include: (a) the names of persons entering into the agreement; (b) a description of property, goods or other things or any services provided or to be provided; (c) the value, type or nature of consideration; and (d) the period of the agreement. (3) A prescribed person, if directed by the Director, shall provide to the Director, within the time specified in the direction, a copy of the agreement (if it is in writing). (4) If the Director, after reviewing information or material provided under this section, considers (having regard to the terms of the agreement and such other information or material as the Director considers is relevant) that the continuation of the agreement: (a) is not in the public interest; or (b) jeopardises the integrity of: (i) gaming; (ii) the conduct of gaming; or adjustment, maintenance or repair of gaming equipment, the Director may issue to a prescribed person who is the party to the agreement a written notice to show cause why the agreement should not be terminated.

Gaming Machine Act 1995 141 (5) Notice under subsection (4) shall set out the grounds for its issue and shall specify a date, not less than 21 days after its issue, on or before which cause is to be shown. (6) A copy of a notice under subsection (4) shall be given to the other party to the agreement. (7) A prescribed person to whom notice under subsection (4) is issued may give a written answer to the Director to show cause at any time not later than the date specified in the notice. (8) The other party may make such submissions to the Director as the party thinks fit at any time not later than the date specified in the notice. (11) The Director, having regard to answers given in reply to a notice to show cause and submissions made under subsection (8) and to such other information or material as the Director considers is relevant, may: (a) take no action with respect to the agreement if the Director considers action is not warranted; or (b) direct the termination of the agreement. (12) A direction under subsection (11)(b) shall be in writing and given to the parties to the agreement and shall specify the reasons for the termination and a date on which the agreement is terminated under (13) An agreement, if not sooner terminated by the parties to it, is terminated by force of this Act on the date specified in the direction under subsection (11)(b). (14) The termination of an agreement by force of this Act does not affect the rights and obligations of the parties to the agreement up to the time of its termination. (15) No liability for breach of an agreement attaches to any party to the agreement because of its termination by force of this Act. (16) In this section: prescribed person means: (a) a listed person; (b) the holder of a licence under this Act; or (c) a person who is approved for any purpose under this Act.