Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) If, following an inquiry in relation to a licensee, the commission is satisfied on reasonable grounds that a criterion mentioned in this section is established in relation to the licensee, the commission may take 1 or more of the kinds of disciplinary action mentioned in subsection (10) against the licensee.
Note Under pt 10 (Notification and review of decisions), a decision to take disciplinary action may, on application, be reconsidered by the commission and reviewed by the ACAT.
(2) However, if section 68 (1) (Mandatory cancellation of licence) applies, the commission may act under this section only in accordance with section 68 (7).
(3) The following criteria apply irrespective of the kind of licence that the licensee holds:
(a) the licensee has contravened a condition of the licence;
(b) the licensee has failed to pay a financial penalty imposed on the licensee under this section within the period it is required to be paid;
(c) the licensee has failed to comply with a direction given to the licensee under section 62 (Commission's directions about conduct of licensee's operations);
(d) the licensee has contravened a code of practice;
(e) the licence was obtained—
(i) by a representation or declaration that was false or misleading in a material particular; or
(ii) in any other improper way;
(f) subject to subsection (4), the licensee has contravened a provision of this Act or a corresponding law, other than—
(i) a contravention mentioned in section 68 (7); or
(ii) a contravention that is an offence.
Note For a contravention that is an offence, see s 92 (1).
(4) The criterion mentioned in subsection (3) (f) does not apply to a sports bookmaking licence held by a syndicate or a corporation.
Note For these cases, see s (6) (b) and (c).
(5) If the licensee is a race bookmaker who holds, or has held, an approval issued under section 49 (Issue or refusal of approval for sports bookmaking venue), the following criteria also apply:
(a) the licensee has contravened a condition of the approval;
(b) the approval was obtained—
(i) by a representation or declaration that was false or misleading in a material particular; or
(ii) in any other improper way.
(6) If the licensee holds a sports bookmaking licence, the following criteria also apply:
(a) if the licensee is a syndicate or a corporation—the licensee has failed to give to the commission an authorisation required under section 80 (5), (6) or (7) (Holder of sports bookmaking licence to tell commission about certain changes);
(b) if the licensee is a syndicate—any member of the syndicate has contravened a provision of this Act or a corresponding law, if contravention of the provision is not an offence;
(c) if the licensee is a corporation—the corporation, any director of the corporation, or any influential shareholder of the corporation, has contravened a provision of this Act or a corresponding law, if contravention of the provision is not an offence.
(7) If the licensee holds a race bookmaking licence or sports bookmaking licence, the following criteria also apply:
(a) the licensee (or a person who, for division 6.2, is an agent of the licensee) has failed to comply with a notice by the commission under section 59 (Bookmaker or agent to give information about disputed bet);
(b) the licensee has failed to pay an amount within the period it is required to be paid under section 61 (Compliance with direction about disputed bet).
(8) If the licensee holds a race bookmaker's agent licence or sports bookmaker's agent licence, the criterion that the licensee failed to comply with a notice by the commission under section 59 also applies.
(9) For this section, the regulations may prescribe additional criteria.
(10) For subsection (1), the following kinds of disciplinary action may be taken against a licensee:
(a) the issue of a reprimand;
(b) a change of the conditions of the licence;
(c) unless only the criterion mentioned in subsection (3) (b) applies, the imposition of a financial penalty of not more than $10 000 or, if a higher amount is prescribed under the regulations, the higher amount;
(d) the suspension of the licence—
(i) for a stated period; or
(ii) until 1 or more stated conditions have been met;
(e) the cancellation of the licence (whether or not the licence is already suspended);
(f) if the licensee holds an approval issued under section 49 (Issue or refusal of approval for sports bookmaking venue)—the cancellation or suspension of the approval.