Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The powers
conferred by this section shall be exercised by the Commission
administratively, but the Commission shall give the holder of a licence, or of
an authorisation to possess or operate a totalisator, under this Act an
opportunity to show cause why such a power should not be exercised in relation
to that holder.
(2) Where the
Commission, having given the person referred to in subsection (1) an
opportunity to show cause, is satisfied that the holder of a licence or such
an authorisation —
(a)
has —
(i)
been convicted of an offence under this Act;
(ii)
at a material time employed or engaged, in relation to
the business carried on under the licence or such an authorisation, a person
who in the course of that business committed an offence under this Act of
which that person was convicted; or
(iii)
has been convicted, or so employed or engaged a person
who was convicted, of an offence, other than an offence under this Act, but
has not notified the Commission of that conviction;
(b)
notwithstanding that proceedings for an offence under this Act have not been
taken, or are pending, has contravened —
(i)
a provision of this Act, the regulations or the Rules of
Betting prescribed; or
(ii)
a term or condition of the licence or such an
authorisation, or has caused or permitted a licensed employee or licensed
manager so to do;
(c) is
guilty of conduct which renders it undesirable in the public interest that the
licence or such an authorisation should continue to be held;
(d) has
become incapable of properly conducting the business, or any aspect of the
business, of a bookmaker;
(e) in
the case of a partnership, does not comply with any one or more of the matters
referred to in section 11B(1) that must be satisfied if a partnership is
to continue to be eligible to be licensed as a bookmaker; or
(f) in
the case of a body corporate, does not comply with any one or more of the
matters referred to in section 11C(1) that must be satisfied if a body
corporate is to continue to be eligible to be licensed as a bookmaker,
the Commission may
take disciplinary action.
(3) Where the
Commission determines that a proper cause for disciplinary action exists the
Commission may by order —
(a)
issue a reprimand;
(b)
impose a condition on, or otherwise limit the authority conferred by, the
licence or such an authorisation;
(c) vary
or cancel any term or condition to which the licence or such an authorisation
is subject;
(d)
suspend the operation of the licence or such an authorisation, or of any term
or condition of the licence or such an authorisation —
(i)
until further order; or
(ii)
for a specified period;
(e)
cancel the licence or such an authorisation;
(f)
require the holder of the licence or such an authorisation to enter into a
bond or otherwise give security for future conduct; and
(g) give
directions as to the conduct of business to which the licence or such an
authorisation relates.
(4) Where the
Commission is satisfied that the holder of a licence as a bookmaker or of such
an authorisation —
(a) has
carried on, or attempted to carry on, the business of a bookmaker or the
operation of a totalisator authorised under this Act during any period when
the operation of that licence or authorisation was suspended; or
(b) has
committed, or has caused or permitted the commission of, a continuing breach
of a provision the contravention of which was the subject of an order made
under this section that has continuing effect,
the Commission may
with immediate effect make a further order that the licence or authorisation
shall be cancelled.
(5) An order made
under this section —
(a) may
be varied or revoked, as the Commission thinks fit; and
(b)
subject to subsection (4), takes effect on written notice of it being
given to the holder of the licence or such an authorisation.
(6) Where the
operation of a licence or such an authorisation is suspended or a licence or
such an authorisation is cancelled —
(a) the
Commission may advertise the fact, and call for claims from persons to whom
the holder or former holder is indebted in respect of betting transactions;
(b)
section 11E(3) and (4) apply in relation to the application of any
security or the termination of any bond that relates to the licence or such an
authorisation;
(c) the
holder or former holder shall upon demand reimburse the Commission for any
costs incurred under paragraphs (a) or (b); and
(d) the
obligation under any security lodged is not thereby discharged and its
validity is not affected.
[Section 32A inserted by No. 11 of 1992
s. 57; amended by No. 11 of 1992 s. 63; No. 13 of 2002
s. 26; No. 35 of 2003 s. 102.]
[Heading inserted by No. 35 of 2003
s. 101(5).]