sec.59Grounds

### sec.59 Grounds Each of the following is a ground for suspending or cancelling a key person licensee’s key person licence— the key person licensee— is not a suitable person to hold a key person licence; or acts in a way that is inappropriate for the conduct of approved lotteries; or contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or contravenes a condition of the licence; the key person licensee has a conviction, other than a spent conviction, for— an offence against this Act or a gaming Act; or an indictable offence; the key person licence was issued because of a materially false or misleading representation or document. For forming a belief that the ground mentioned in subsection (1) (a) (i) exists, the chief executive may have regard to the same matters to which the chief executive may have regard under section 49 (2) in deciding whether an applicant for a key person licence is a suitable person to hold the licence. For subsection (1) (a) (ii) , a key person licensee acts in a way that is inappropriate for the conduct of approved lotteries if the licensee does, or omits to do, an act that results in— the conduct of approved lotteries by a lottery operator not being conducted under the operator’s control system for the conduct of the lotteries; and the integrity of the conduct of approved lotteries being jeopardised. s 59 sub 2004 No. 21 s 90 amd 2007 No. 22 s 3 sch 1 ; 2013 No. 25 s 163 ; 2023 No. 23 s 247 sch 1 s 27 (sec.59-ssec.1) Each of the following is a ground for suspending or cancelling a key person licensee’s key person licence— the key person licensee— is not a suitable person to hold a key person licence; or acts in a way that is inappropriate for the conduct of approved lotteries; or contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or contravenes a condition of the licence; the key person licensee has a conviction, other than a spent conviction, for— an offence against this Act or a gaming Act; or an indictable offence; the key person licence was issued because of a materially false or misleading representation or document. (sec.59-ssec.2) For forming a belief that the ground mentioned in subsection (1) (a) (i) exists, the chief executive may have regard to the same matters to which the chief executive may have regard under section 49 (2) in deciding whether an applicant for a key person licence is a suitable person to hold the licence. (sec.59-ssec.3) For subsection (1) (a) (ii) , a key person licensee acts in a way that is inappropriate for the conduct of approved lotteries if the licensee does, or omits to do, an act that results in— the conduct of approved lotteries by a lottery operator not being conducted under the operator’s control system for the conduct of the lotteries; and the integrity of the conduct of approved lotteries being jeopardised. - (a) the key person licensee— (i) is not a suitable person to hold a key person licence; or (ii) acts in a way that is inappropriate for the conduct of approved lotteries; or (iii) contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or (iv) contravenes a condition of the licence; - (i) is not a suitable person to hold a key person licence; or - (ii) acts in a way that is inappropriate for the conduct of approved lotteries; or - (iii) contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or - (iv) contravenes a condition of the licence; - (b) the key person licensee has a conviction, other than a spent conviction, for— (i) an offence against this Act or a gaming Act; or (ii) an indictable offence; - (i) an offence against this Act or a gaming Act; or - (ii) an indictable offence; - (c) the key person licence was issued because of a materially false or misleading representation or document. - (i) is not a suitable person to hold a key person licence; or - (ii) acts in a way that is inappropriate for the conduct of approved lotteries; or - (iii) contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or - (iv) contravenes a condition of the licence; - (i) an offence against this Act or a gaming Act; or - (ii) an indictable offence; - (a) the conduct of approved lotteries by a lottery operator not being conducted under the operator’s control system for the conduct of the lotteries; and - (b) the integrity of the conduct of approved lotteries being jeopardised.