39Grounds for suspension or cancellation

39 Grounds for suspension or cancellation (1) For this division, a ground for suspending or cancelling an interactive gambling licence exists if— (a) the licensed provider is not, or is no longer, a suitable person to hold an interactive gambling licence; or

(b) a business or executive associate of the licensed provider is not, or is no longer, a suitable person to be associated with the licensed provider’s operations; or (c) the licensed provider has been convicted of an offence against this Act, a tax law or a corresponding law; or (d) the licensed provider has been convicted, in Australia or elsewhere, of an offence that is punishable on conviction by imprisonment for not less than 12 months; or (e) the licensed provider has contravened a condition of the licence; or (f) the licensed provider has contravened a provision of this Act or a corresponding law, being a provision the contravention of which does not constitute an offence; or (g) the licensed provider has failed to discharge a financial commitment for the licensed provider’s operations; or (h) the licensed provider is bankrupt or personally insolvent; or (i) the licensed provider is affected by control action under the Corporations Act; or (j) the interactive gambling licence was obtained by a materially false or misleading representation or in some other improper way. (2) When considering whether the ground referred to in subsection (1) (a) exists, the Minister may have regard to the matters to which the Minister may have regard in deciding whether an applicant is a suitable person to hold an interactive gambling licence. (3) When considering whether the ground referred to in subsection (1) (b) exists, the Minister may have regard to the matters to which the Minister may have regard in deciding whether a business or executive associate of an applicant is a suitable person to be associated with a licensed provider’s operations.

(4) For subsection (1) (i), a licensed provider is affected by control action under the Corporations Act if the licensed provider— (a) has executed a deed of company arrangement under the Corporations Act; or (b) is the subject of a winding-up, whether voluntary or under a court order, under the Corporations Act; or (c) is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under the Corporations Act.