Part 4Approvals

Part 4—Approvals 38—Commissioner may approve persons in authority The Commissioner may, on the application of a person who seeks to assume a position of authority in a trust or corporate entity that holds a licence, approve the assumption by that person of that position in the entity. 38B—Commissioner may approve gaming machine technicians The Commissioner may, on application by the holder of a gaming machine service licence, approve a natural person as a gaming machine technician for the holder of the licence. 39—Approval of form of supply contract (1) The Commissioner may, on application by the holder of a gaming machine dealer's licence, approve the form of a contract to be entered into by the holder of the licence and— (a) the holder of a gaming machine licence; or (ab) the holder of the casino licence; or (b) the holder of a gaming machine service licence; or (c) the holder of another gaming machine dealer's licence, for the sale or supply of approved games or gaming machines or prescribed gaming machine components. (2) The Commissioner has an unqualified discretion to approve or refuse to approve the form of a contract except that the Commissioner must refuse to approve a form if, in the Commissioner's opinion, it would result in a contract that— (a) is harsh and unconscionable; or (b) provides for a payment by reference to the proceeds or profits of the business of the holder of the casino licence or a licensee; or (c) provides for an inducement to enter the contract other than a discount based on the number of games, machines or components to be supplied; or (d) may otherwise jeopardise the proper conduct of gaming operations. 40—Approval of gaming machines and games (1) The Commissioner may, on application by a person, approve particular gaming machines, or particular games, to be of a class that is approved for the purposes of this Act. (2) The Commissioner must not approve a gaming machine under this section unless— (a) the machine is able to be operated in compliance with the requirements of this Act; and (b) the machine complies with any other requirements prescribed by the regulations. (3) The Commissioner may determine that a gaming machine complies with a requirement under subsection (2) if the machine, when used with other equipment, complies with the requirement. (4) The Commissioner must not approve a game under this section unless the game— (a) does not allow the expenditure, or part of the expenditure, on the game when played on a particular gaming machine to accumulate with the expenditure, or part of the expenditure, on a game played on any other gaming machine; and (b) is able to be operated in compliance with the requirements of this Act; and (c) complies with any other requirements prescribed by the regulations. (5) The Commissioner may vary an approval under this section. (6) Before the Commissioner varies an approval under subsection (5), the Commissioner must— (a) give notice in writing of the proposed variation to the person to whom the approval was given; and (b) consider any representations made by the person within 21 days after the notice is given or a longer period allowed in the notice. 40A—Commissioner may approve certain systems to be operated in connection with gaming machines (1) The Commissioner may, on application by a person, approve systems to be operated in connection with approved gaming machines, or classes of approved gaming machines being— (a) account based cashless gaming systems; or (b) automated risk monitoring systems; or (c) cashless gaming systems of a kind prescribed by the regulations; or (d) any other system or equipment to be used with a gaming machine to enable the gaming machine to comply with the requirements of section 40(2). (2) The Commissioner must not approve a system under this section unless the system— (a) is able to be operated in compliance with the requirements of this Act; and (b) complies with the requirements of any applicable gambling administration guidelines. (a) on the Commissioner's own initiative, by written notice to the system provider and a body representative of licensees; or (b) on application by the system provider or a body representative of licensees, (a) give notice in writing of the proposed variation or revocation to the system provider and a body representative of licensees; and (b) consider any representations made by the system provider and the body representative of licensees within 21 days after the notice is given or a longer period allowed in the notice. (5) If the Commissioner— (a) refuses to approve a system under this section; or (b) varies or revokes an approval of a system under this section, the system provider or a body representative of licensees may apply to the Minister for a review of that decision. (6) The Minister may determine the application as the Minister thinks fit and, if the Minister finds in favour of the applicant, grant or preserve approval (as appropriate) and require the Commissioner to publish a notice in the Gazette accordingly. 40B—Commissioner may approve training courses to be undertaken by gaming managers or gaming employees (1) The Commissioner may, on application by a person, approve courses of training to be undertaken by gaming managers or gaming employees. (2) The Commissioner must not approve a training course under this section unless the course complies with the requirements of any applicable responsible gambling codes of practice or any applicable gambling administration guidelines. (a) on the Commissioner's own initiative, by notice to a body representative of licensees and the training course provider; or (b) on application by a body representative of licensees or a training course provider, (a) give notice in writing of the proposed variation or revocation to a body representative of licensees; and (b) consider any representations made within 21 days after the notice is given or a longer period allowed in the notice. 40C—Approvals in relation to responsible gambling agreements (1) The Commissioner may, on application by a person, approve a body as an industry body with whom the holder of a gaming machine licence may enter into a responsible gambling agreement. (2) The Commissioner may, on application by a person, approve the form of a responsible gambling agreement to be entered into by an approved industry body and the holder of a gaming machine licence. (3) The Commissioner has an unqualified discretion to approve or refuse to approve a matter under this section. 40D—Commissioner may approve facial recognition system (1) The Commissioner may, on application by a person, approve a system to be operated by certain licensees that enables the facial image of a person who is about to enter a gaming area to be recognised, identified and recorded (a facial recognition system). (2) The Commissioner must not approve a facial recognition system under this section unless the system complies with any applicable gambling administration guidelines or any requirements prescribed by the regulations. (a) on the Commissioner's own initiative, by notice to a body representative of licensees and the facial recognition system provider; or (b) on application by a body representative of licensees or the facial recognition system provider, (a) give notice in writing of the proposed variation or revocation to a body representative of licensees; and (b) consider any representations made within 21 days after the notice is given or a longer period allowed in the notice. 41—Commissioner may approve gaming tokens and gaming token manufacturers (1) The Commissioner may, on application by a manufacturer of gaming tokens, approve the manufacturer for the purposes of this Act. (2) The Commissioner may, on application by a person, approve particular gaming tokens to be of a class that is approved for the purposes of this Act. 42—Discretion to grant or refuse approval (1) Subject to this Act, the Commissioner has an unqualified discretion to grant or refuse an application for approval on any ground, or for any reason, that the Commissioner thinks fit. (1a) An application for approval can only be granted if the Commissioner is satisfied that to grant the application would not be contrary to the public interest. (3a) The Commissioner cannot approve a person as a gaming machine technician unless satisfied, by such evidence as he or she may require, that the person is a fit and proper person to personally perform the work of installing, servicing and repairing gaming machines. (4) The Commissioner cannot approve the assumption by a person of a position of authority in a trust or corporate entity that holds a licence unless satisfied, by such evidence as he or she may require, that the person is a fit and proper person to assume such a position. (7) If an application for approval of a game relates to a game that can be lawfully played in another jurisdiction prescribed by the regulations for the purposes of this subsection, the Commissioner must grant the approval (unless that game is of a kind that must not be approved in accordance with section 40 or the regulations). (8) If an application for approval of a gaming machine relates to a machine that can be lawfully operated in another jurisdiction prescribed by the regulations for the purposes of this subsection, the Commissioner must grant the approval if satisfied that the machine operates in a way that is compatible with the monitoring system (unless that machine is of a kind that must not be approved in accordance with section 40 or the regulations). 44—Revocation of approval (1) Subject to subsection (1a), the Commissioner has an unqualified discretion to revoke an approval given under this Part on such ground or for such reason as he or she thinks fit. (1a) Subsection (1) does not apply in relation to an approval given under section 40A or 40B. (2) The Commissioner must, before exercising powers under subsection (1) in relation to a person— (a) give written notice to the person of the proposed revocation, including a statement of the reasons that the Commissioner considers justify the revocation; and (b) allow the person a period of 21 days (or such longer period as the Commissioner may in any particular case allow) to show cause why the approval should not be revoked. (3) The Commissioner may suspend an approval pending final determination of the question as to whether the approval should be revoked. (4) On revoking an approval, the Commissioner must cause notice of the revocation to be given, personally or by post, to all persons affected by the revocation. Part 4AA—Gaming managers and gaming employees 44AAA—Commissioner may notify Commissioner of Police of appointment of gaming managers and gaming employees (1) The Commissioner may provide a copy of a notification of the appointment of a gaming manager or gaming employee to the Commissioner of Police. (2) As soon as reasonably practicable following receipt of a notification under subsection (1), the Commissioner of Police— (a) must make available to the Commissioner information about any criminal convictions of the gaming manager or gaming employee; and (b) may make available to the Commissioner other information to which the Commissioner of Police has access relevant to whether the Commissioner should issue a prohibition notice under section 44AA. 44AA—Commissioner may give prohibition notice (1) The Commissioner may prohibit a person from carrying out duties as a gaming manager or gaming employee either permanently or for a specified period. (2) Written notice of a prohibition of a person under this section— (a) must be given by the Commissioner to the person; and (b) may be given by the Commissioner to the licensee (if any) for whom the person currently works or any other licensee for whom the person may work. (3) A prohibition under this section has effect from the day on which the notice is given to the person under subsection (2)(a) or such later date as may be specified in the notice. (4) The Commissioner may, at any time, on his or her own initiative, or on application by a person given a notice under this section, vary or revoke the notice. (5) For the purposes of a notice under this section, a person carries out duties as a gaming manager or gaming employee if the person carries out prescribed duties (within the meaning of section 49) in connection with the gaming operations conducted on licensed premises.