49Cancellation, suspension, etc. of gaming machine licences

49 Cancellation, suspension, etc. of gaming machine licences (1) A ground for cancellation or suspension of a gaming machine licence arises if: (a) the licensee: (i) ceases to use the licensed premises for the conduct of gaming; (ii) obtained the licence on false, erroneous or misleading information; (iii) acquires, installs, uses or otherwise deals with a gaming machine in contravention of this Act; (iv) fails to comply with a provision of Part 8; (v) fails to comply with a condition to which the licence is subject; (vi) fails to forward or lodge an affidavit in accordance with section 44(2); or (vii) fails to comply with section 39(5)(a); (b) the licensee or an associate of the licensee:

Gaming Machine Act 1995 54 (iii) fails to discharge the licensee's or associate's financial commitments, becomes bankrupt or compounds with creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; judicial management or administration; (v) fails to comply with a written direction given to the licensee or associate under this Act; or material that to the knowledge of the licensee or associate is false, erroneous or misleading in a material particular; or (c) the Director: (i) considers that the licensee has not made all reasonable efforts to comply with section 112; (ii) considers that the licensee has not made all reasonable efforts to enforce rules required to be enforced under section 90; (iii) considers that the licensee or an associate of the licensee is not a fit and proper person in respect of financial stability, general reputation, character or business reputation to be a licensee or to be an associate of the licensee; (iv) becomes aware of any information or matter that, had it been known when the application for the licence, or for the transfer of the licence to the licensee, was being considered, may have resulted in the application being refused; (v) considers, if the licensee is a club: (A) that the club has ceased to be a non-proprietary club; (B) that the proceeds from the conduct of gaming are being applied in a way that does not promote the objectives of the club;

Gaming Machine Act 1995 55 (C) that payments for the rental or lease of the club's licensed premises are unreasonable; (D) if a lease, agreement or arrangement made by the club provides that a person or voluntary association of persons is entitled to receive, or may receive, a payment, benefit or advantage during, or at the end of, the lease, agreement or arrangement, that the provision is unreasonable; (E) if members of the executive, governing or management body (however described) of the club are required to be nominated, or may be nominated, by a person who is not a member of the club or by a voluntary association of persons, that this is not in the best interests of the club's members; (F) if the club does not own the club's licensed premises and an executive officer or employee of the club is also the lessor, or an associate of the lessor, of the club, that this is not in the best interests of the club's members; (G) if an executive officer or employee of the club is a creditor, or an associate of a creditor, of the club, that this is not in the best interests of the club's members; (H) that payments made under the club's objects are not in the best interests of the club's members; (J) that payments made for things purchased by the club are unreasonable; (K) that salaries, wages, allowances or benefits paid or payable by the club to the club's executive officers or employees are unreasonable; or (M) that payments for services provided to the club are unreasonable or are on the basis of a percentage of the club's income, profits or earnings from the conduct of gaming or spending related to the conduct of gaming; (vi) considers that there has been an unauthorised interference (whether by the licensee or someone else) with an electronic monitoring system installed on the licensee's licensed premises; or