Part 4ASpecial provisions relating to licensed dealers

Part 4A—Special provisions relating to licensed dealers 44A—Prohibition of links between dealers and other licensees (1) Subject to subsection (1a), a person must not, at the one time— (a) be the holder of both a gaming machine dealer's licence and a licence of some other class under this Act or the licence under the Casino Act 1997; or (b) be the holder of a gaming machine dealer's licence and be associated with a licensee of some other class under this Act or the licence under the Casino Act 1997; or (c) be the holder of a licence (other than a gaming machine dealer's licence) under this Act, or the licence under the Casino Act 1997 and be associated with the holder of a gaming machine dealer's licence; or (d) be associated with both a licensed gaming machine dealer and a licensee of some other class under this Act or the licence under the Casino Act 1997. (1a) Despite subsection (1), a person may, at the 1 time— (a) be the holder of both a gaming machine dealer's licence and a gaming machine service licence; or (b) be the holder of a gaming machine dealer's licence and be associated with the holder of a gaming machine service licence; or (c) be associated with both a gaming machine dealer and the holder of a gaming machine service licence. (2) The Commissioner must refuse an application for a licence or for any approval under this Act if the grant of the application would result in a contravention of subsection (1). (3) It is a ground for the Commissioner to exercise his or her powers under this Act to revoke or suspend any relevant licence or approval if a contravention of subsection (1) has occurred or is about to occur. (4) For the purposes of this section, a person is associated with a licensee— (a) in the case of a licensee that is a body corporate, if— (i) the person is a related body corporate (as defined in the Corporations Act 2001 of the Commonwealth); or (ii) the person occupies a position of authority in the body corporate; (b) in the case of a licensee that is not a body corporate, if— (i) the person manages, or is to manage, the undertaking to be carried out under the licence; or (ii) the person is the spouse or domestic partner of the licensee; or (c) in any case, if— (i) the person is the partner or agent of the licensee; or (ii) the person and the licensee have an agreement, arrangement or understanding under which one acts in accordance with the directions or wishes of the other, or they act in accordance with a pre-arranged pattern; or (iii) the person and the licensee have common employees or the employees of one provide services for the other; or (iv) the person and the licensee are trustees or beneficiaries of the same trust or one is a trustee and the other is a beneficiary of the same trust (a trust in this subparagraph being a trust that relates to the undertaking under a licence); or (iva) the person and the licensee are parties to an agreement or arrangement under which one participates in, or is remunerated or paid for something by reference to, the proceeds or profits of the business of the other; or (v) there is some other relationship or connection between the person and the licensee or any other person that could, in the opinion of the Commissioner, prejudice the proper operation of this Act or of the licensee's undertaking under the licence.