79Cancellation or suspension of licence

79 Cancellation or suspension of licence (1) A ground for cancellation or suspension of a licence under this Part arises if: (a) the holder of the licence: (i) obtained the licence on false, erroneous or misleading information; (ii) fails to comply with a condition to which the licence is subject; or

Gaming Machine Act 1995 81 (iii) fails to forward or lodge an affidavit in accordance with section 74(2); (b) the holder of the licence or an associate of the holder: (iii) fails to discharge the holder'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 holder or associate under this Act; or material that to the knowledge of the holder or associate is false, erroneous or misleading in a material particular; or (c) the Director: (i) considers that the holder of the licence or an associate of the holder is not a fit and proper person in respect of financial stability, general reputation, character or business reputation to be a holder of a licence or to be an associate of the holder of a licence; or (ii) becomes aware of any information or matter that, had it been known when the application for the licence was being considered, the decision under section 65 may have been that the licence be refused. (2) Where the Director is of the opinion that any act, omission or other thing that constitutes a ground under subsection (1) is of such a affected, the Director shall issue to the holder of the licence a written notice to show cause why action should not be taken with respect to the licence under this section.

Gaming Machine Act 1995 82 (3) The Director shall issue a copy of a notice issued under this section to any other person whom the Director considers has an interest in the licence. (4) A notice issued under this section shall set out the grounds giving rise to its issue and shall specify a date, being not earlier than 7 days after its issue, on or before which cause is required to be shown. (5) Subject to this section, a notice under this section shall be in such form and contain such matters as the Director thinks fit. (6) A person to whom a notice under this section is issued may give a written answer to the Director at any time not later than the date specified in the notice in that respect. (7) A person to whom a copy of a notice is issued under subsection (3) may make such submissions to the Director as the person thinks fit at any time not later than the date specified under subsection (4). (8) The Director shall consider answers given in reply to a notice to show cause and any submissions made under subsection (7) and, if the Director considers that: (a) satisfactory answers are given or submissions made in reply to or in respect of the notice, the Director shall not take any action or any further action in relation to the notice; (b) answers given or submissions made in reply to or in respect of the notice are not satisfactory but action to cancel or suspend the licence is not warranted, the Director may issue a letter of censure to the holder of the licence, censuring the holder of the licence in respect of any matter connected with or giving rise to the notice to show cause; (c) answers given or submissions made in reply to or in respect of the notice are not satisfactory and further action is warranted or if no answers are given and no submissions are made, the Director may: (i) by written notice give such directions to the holder of the licence as the Director considers appropriate to ensure that any matter connected with or giving rise to the issue of the notice is rectified within the time specified in the notice; or (ii) cancel, or suspend for such period as the Director determines, the licence.