South Australian Consolidated Acts

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GAMING MACHINES ACT 1992 - SECT 36

36—Cause for disciplinary action against licensees

        (1)         There is proper cause for disciplinary action against a licensee if the Commissioner is satisfied that—

            (a)         the licence was improperly obtained; or

            (b)         the licensee is not a fit and proper person to hold the licence; or

            (c)         in the case of a licensee that is a trust or corporate entity—a person who occupies a position of authority in the entity is not a fit and proper person to occupy such a position in an entity holding such a licence; or

            (d)         the licensee has contravened or failed to comply with a provision of this Act or a condition of the licence; or

            (da)         the licensee has contravened or failed to comply with the advertising code of practice or the responsible gambling code of practice; or

            (e)         the licensee has been convicted of an offence against this Act; or

            (f)         the licensee has been convicted of an offence punishable by imprisonment; or

            (g)         the licensee has ceased to operate gaming machines on the premises the subject of a gaming machine licence; or

            (h)         it would be contrary to the public interest if the licensee were to continue to be licensed.

        (2)         In determining whether there is proper cause for disciplinary action against a licensee under subsection (1), regard may be had to such evidence of the conduct (no matter when the conduct is alleged to have occurred) of the licensee or persons with whom the licensee associates (or has associated at any relevant time) as the Commissioner considers relevant, including information that existed at the time the licence was granted, regardless of whether that information was known or could have been made known to the Commissioner at that time.



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