Part 4BApplications and submissions

Part 4B—Applications and submissions Division 1—Applications 44B—Form of application (1) An application to the Commissioner under this Act— (a) must be made in a manner and form approved by the Commissioner (which may include requirements relating to consultation and reports); and (b) must be accompanied by documents and materials required by the Commissioner; and (c) must be accompanied by the prescribed fee; and (d) must comply with the requirements of the gambling administration guidelines. (2) The Commissioner may, on such conditions (if any) as the Commissioner thinks fit, waive compliance with formal requirements relating to an application. (3) The Commissioner may require an applicant to produce to the Commissioner specified documents that are, in the Commissioner's opinion, relevant to the application. (4) The Commissioner may allow an applicant to vary the application at any time before the determination of the application. (5) If the Commissioner allows an applicant to vary the application under subsection (4), the Commissioner must give notice to any person who has made written submissions in relation to the application within a reasonable time before determining the application. 44C—Applications to be given to Commissioner of Police (1) This subsection applies to the following applications: (a) the grant of a licence; (b) the transfer of a gaming machine licence; (c) the removal of a gaming machine licence; (d) an approval under sections 38 or 38B. (2) The Commissioner— (a) must give a copy of each application to which subsection (1) applies; and (b) may give a copy of any other application, to the Commissioner of Police. (3) As soon as reasonably practicable following the receipt of an application under subsection (2), the Commissioner of Police— (a) must make available to the Commissioner information about criminal convictions; and (b) may make available to the Commissioner other information to which the Commissioner of Police has access, relevant to whether the application should be granted. 44D—Notice of certain applications to be given (1) This subsection applies to the following applications: (a) the grant of a gaming machine licence; (b) the transfer of a gaming machine licence; (c) the removal of a gaming machine licence; (d) a designated application. (2) Notice of an application to which subsection (1) applies must be given, in accordance with the regulations, to members of the public by notice placed on the licensed premises or, in the case of proposed licensed premises, on the relevant land, so as to be clearly visible to, and legible by, persons passing the premises or land. (3) A notice under subsection (2) must specify that the application and certain documents and material relevant to the application may be inspected at a place and during a period specified by the Commissioner. (4) The Commissioner must ensure that a copy of a notice under subsection (2) is published on a website maintained by the Commissioner. (5) The Commissioner must ensure that notice of an application for the grant of a gaming machine dealer's licence— (a) is published on a website maintained by the Commissioner; and (b) specifies that the application and certain documents and material relevant to the application may be inspected at a place and during a period specified by the Commissioner in the notice. (6) The Commissioner— (a) may, in an appropriate case, dispense with, or modify, a requirement of this section; or (b) may direct that— (i) notice be given under this section of other applications to the Commissioner; or (ii) notice be given to specified authorities and persons in addition to the notice specifically required by this section. 44E—Commissioner may consider applications concurrently If an applicant under this Act has also made a related application under the Liquor Licensing Act 1997, the Commissioner may deal with the applications concurrently in any manner the Commissioner thinks fit. Division 2—Submissions in relation to applications 44F—Commissioner of Police may make written submissions Without limiting the Commissioner of Police's right under section 31 to intervene in proceedings before the Commissioner, the Commissioner of Police may, in relation to an application under this Act, by notice lodged in a manner and form approved by the Commissioner at least 7 days before the day appointed for the determination or hearing of the application (or such lesser period as the Commissioner may allow), make written submissions to the Commissioner in relation to the application. 44G—General right to make written submissions (1) If an application has been advertised under this Part, a person may, by notice lodged in a manner and form approved by the Commissioner, at least 7 days before the day appointed for the determination or hearing of the application (or such lesser period as the Commissioner may allow), make written submissions to the Commissioner in respect of the application. (2) Subject to subsection (3), written submissions under this section may be made on 1 or more of the following grounds: (a) that the grant of the application would not be consistent with the objects of this Act or would be contrary to this Act in some other way; (b) in the case of a designated application—that the granting of the designated application is not in the community interest; (c) in the case of an application by a natural person for the grant or transfer of a gaming machine licence—that the applicant is of bad reputation or character or is in other respects not a fit and proper person to be licensed; (d) in the case of an application by a trust or corporate entity for the grant or transfer of a licence—that the applicant is not a fit and proper person to be licensed or that a person who occupies a position of authority in the entity is of bad reputation or character or is in other respects not a fit and proper person to hold such a position in an entity that holds a licence; (e) in the case of an application for the grant or removal of a licence—that the position, nature or quality of the premises renders them unsuitable to be licensed; (f) that if the application were granted— (i) undue offence, annoyance, disturbance or inconvenience to people who reside, work or worship in the vicinity of the premises or proposed premises to which the application relates would be likely to result; or (ii) the safety or welfare of children attending kindergarten, primary school or secondary school in the vicinity of the premises or proposed premises to which the application relates would be likely to be prejudiced; or (iii) the amenity of the locality in which the premises or proposed premises to which the application relates are situated would be adversely affected in some other way. (3) A person who makes written submissions under this section must ensure that the applicant is given a copy of the written submissions at least 7 days before the day appointed for the hearing or determination of the application (or such lesser period as the Commissioner may allow). (4) The Commissioner must have regard to any written submissions (including further written submissions under section 44H) made in accordance with the requirements of this Division. 44H—Further written submissions (1) The Commissioner may, in the Commissioner's absolute discretion, in accordance with the rules of natural justice— (a) call for further written submissions to be made in relation to a particular application; or (b) invite a person or body determined by the Commissioner to make written submissions in relation to a particular application. (2) Written submissions made under subsection (1) may be made on any ground. (3) If the Commissioner receives written submissions (or further written submissions) under this section, the Commissioner must ensure that the applicant is given a copy of the written submissions (or further written submissions) a reasonable time before the hearing or determination of the application. 44I—Conciliation (1) If an application has been advertised under this Part and 1 or more written submissions have been made opposing the application, the Commissioner may, in the Commissioner's absolute discretion, endeavour to resolve the application by conciliation. (2) If an application is resolved by conciliation, the Commissioner may determine the application so as to reflect the agreement reached by conciliation if the Commissioner considers it appropriate to do so in accordance with this Part. 44J—Commissioner may refer matters to Court The Commissioner may, in the Commissioner's absolute discretion, refer any application under this Part for hearing and determination by the Court (and a person who has made written submissions in relation to an application referred to the Court will be taken to be a party to the proceedings before the Court in relation to the application). 44K—Hearings etc The Commissioner may, in the Commissioner's absolute discretion— (a) determine an application under this Part entirely on the basis of the application and any written submissions made without holding a hearing; or (b) hold a hearing in relation to an application under this Part. 44L—Variation of written submissions (1) The Commissioner may allow a person who has made written submissions in relation to an application to vary the submissions at any time before the application is determined. (2) If the Commissioner allows written submissions to be varied, the Commissioner must ensure that the applicant is given a copy of the submissions as varied a reasonable time before the hearing or determination of the application.