sec.303Refusal of licence operator to enter into agency agreement

sec.303 Refusal of licence operator to enter into agency agreement

This section applies if— a licensed club reasonably believes it has negotiated in good faith with a licence operator for entering into an agency agreement with the operator but the club and the operator have been unable to agree the terms of the agreement; or the operator has refused to enter into an agency agreement with the licensed club. The licensed club may ask the Minister to review— the outcome of the negotiations mentioned in subsection (1) (a) (the outcome ); or the decision mentioned in subsection (1) (b) . After reviewing the outcome or decision, the Minister may direct the licence operator to enter into an agency agreement with the licensed club on the terms decided by the Minister. In giving a direction, the Minister must have regard to— the commercial viability of the licence operator and the licensed club; and the public interest. If the licensed club is willing to enter into an agency agreement on the terms decided by the Minister, the licence operator must comply with the direction. Maximum penalty—100 penalty units. In this section, a reference to a decision of a licence operator to refuse to enter into an agency agreement includes a failure to enter into an agency agreement. s 303 amd 2004 No. 21 s 123 sch (sec.303-ssec.1) This section applies if— a licensed club reasonably believes it has negotiated in good faith with a licence operator for entering into an agency agreement with the operator but the club and the operator have been unable to agree the terms of the agreement; or the operator has refused to enter into an agency agreement with the licensed club. (sec.303-ssec.2) The licensed club may ask the Minister to review— the outcome of the negotiations mentioned in subsection (1) (a) (the outcome ); or the decision mentioned in subsection (1) (b) . (sec.303-ssec.3) After reviewing the outcome or decision, the Minister may direct the licence operator to enter into an agency agreement with the licensed club on the terms decided by the Minister. (sec.303-ssec.4) In giving a direction, the Minister must have regard to— the commercial viability of the licence operator and the licensed club; and the public interest. (sec.303-ssec.5) If the licensed club is willing to enter into an agency agreement on the terms decided by the Minister, the licence operator must comply with the direction. Maximum penalty—100 penalty units. (sec.303-ssec.6) In this section, a reference to a decision of a licence operator to refuse to enter into an agency agreement includes a failure to enter into an agency agreement.

• (a) a licensed club reasonably believes it has negotiated in good faith with a licence operator for entering into an agency agreement with the operator but the club and the operator have been unable to agree the terms of the agreement; or
• (b) the operator has refused to enter into an agency agreement with the licensed club.