South Australian Consolidated Acts

GAMING MACHINES ACT 1992 - SECT 36B

36B—Taking of disciplinary action against licensees

        (1)         If, on an inquiry, the Commissioner is satisfied there is proper cause for disciplinary action against a licensee, the Commissioner may take disciplinary action against the licensee by doing 1 or more of the following:

            (a)         administering a reprimand;

            (b)         adding to, or altering, the conditions of the licence;

            (c)         cancelling 1 or more gaming machine entitlements;

            (d)         suspending or revoking the licence;

            (e)         imposing a fine not exceeding $20 000;

            (f)         if a licence is revoked—disqualifying the former licensee from being licensed or approved under this Act.

        (2)         When the Commissioner revokes a licence, the Commissioner must determine whether all or any of the gaming machine entitlements held by the former licensee should be cancelled and, if so, cancel them accordingly.

        (3)         The Commissioner may—

            (a)         direct that a disqualification is to apply permanently;

            (b)         direct that a suspension or disqualification is to apply—

                  (i)         for a specified period; or

                  (ii)         until the fulfilment of stipulated conditions; or

                  (iii)         until further order;

            (c)         direct that disciplinary action is to have effect at a specified future time or is to have effect at a specified future time unless stipulated conditions are fulfilled.

        (4)         If—

            (a)         a person has been found guilty of an offence; and

            (b)         the circumstances of the offence form, in whole or in part, the grounds for disciplinary action,

the person is not liable to a fine under this section for conduct giving rise to the offence.

        (5)         A fine imposed under this section may be recovered summarily.

        (6)         When the Commissioner cancels gaming machine entitlements under this section, an equivalent number of entitlements may be offered for sale by the Crown under the approved trading system.

        (7)         However, the Crown may only exercise its power of sale if the total number of gaming machine entitlements in force under this Act is less than a number calculated by subtracting 3 000 from the number of gaming machines approved for operation under this Act immediately before the commencement of section 27A.