Queensland Consolidated Acts

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GAMING MACHINE ACT 1991 - SECT 99

99 Suspension of gaming machine licence for non-payment of gaming machine tax, levy or penalty

(1) This section applies if the amount (the required amount) a licensee is, under section 317(1), required to ensure is received by the chief executive for a month is not received by the chief executive on or before the due date for payment of the amount.

(2) This section also applies if the amount of an instalment (also the required amount) a licensee is, because of a direction given to the licensee under section 317(2), required to ensure is received by the chief executive is not received by the chief executive on or before the due date for payment of the amount.

(3) The chief executive may suspend the licensee's gaming machine licence.

(4) The suspension—

(a) must be effected by written notice (a suspension notice) given to the licensee with a notice to show cause (an associated show cause notice) issued to the licensee under section 97(2); and
(b) operates immediately the suspension notice is given; and
(c) continues to operate until the associated show cause notice is finally dealt with.

(4A) The suspension notice must be accompanied by an information notice for the decision to suspend the licence.

(5) The associated show cause notice must be a notice for which the ground for cancellation or suspension on which the notice is based is the ground that the licensee has failed to comply with section 317, and the ground must relate to the same omission as the suspension under subsection (3) relates.

(6) Despite subsection (4)(c), if, before the associated show cause notice is finally dealt with, the outstanding amount for the required amount is received by the chief executive, or arrangements for payment of the outstanding amount satisfactory to the chief executive are entered into between the chief executive and licensee, the suspension of the gaming machine licence is cancelled.

(7) The cancellation of a suspension under subsection (6) takes effect on receipt by the chief executive of the outstanding amount, or the entering into of the arrangements for payment of the outstanding amount.

(8) In this section—

due date for payment, for the required amount mentioned in subsection (1), means—

(a) the day on or before which the amount is, under section 317(1), required to be received by the chief executive; or
(b) if the chief executive, by written notice given to the licensee before the day mentioned in paragraph (a), fixes a later day—the later day fixed by the chief executive.

due date for payment, for the required amount mentioned in subsection (2), means—

(a) the day on or before which the amount is, under the direction, required to be received by the chief executive; or
(b) if the chief executive, by written notice given to the licensee before the day mentioned in paragraph (a), fixes a later day—the later day fixed by the chief executive.

outstanding amount, for the required amount, means the difference between the required amount and any amount received under section 317(1) by the chief executive, on or before the due date for payment of the required amount.



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