Western Australian Consolidated Acts

GAMING AND WAGERING COMMISSION ACT 1987 - SECT 109K

109K .         Report or inquiry under s. 109J, Minister’s powers following

        (1)         On receiving a report and recommendations made under section 109J(1) or as a result of an inquiry carried out pursuant to a direction given under section 109J(2), the Minister must, if of the opinion that any of the powers conferred by subsection (3) should be exercised, serve on RWWA and on any other person who is considered by the Minister to be likely to be affected by the exercise of that power a notice in writing —

            (a)         specifying the reasons for the Minister’s opinion and which of the powers the Minister proposes to exercise; and

            (b)         requiring RWWA and any other person served with the notice to show cause in writing within 14 days after the date of that service why the power specified in that notice should not be exercised.

        (2)         A person on whom a notice has been served under subsection (1) may, within the period of 14 days after the date of that service, serve on the Minister a submission in writing showing cause why the power specified in that notice should not be exercised.

        (3)         After receiving and considering each submission served under subsection (2) the Minister may, subject to subsection (4) and if the Minister considers it in the public interest to do so —

            (a)         serve a letter of censure on RWWA;

            (b)         revoke the licence of a director given under section 14 of the RWWA Act;

            (c)         with the prior approval of the Governor, order RWWA to pay a monetary penalty fixed by the Minister but not exceeding $100 000.

        (4)         The Minister must not exercise a power conferred under subsection (3) unless that power was specified in the relevant notice served under subsection (1).

        (5)         The Minister may recover a penalty imposed under subsection (3)(c) in a court of competent jurisdiction as a debt due by RWWA to the Crown.

        (6)         A certificate signed by the Minister specifying the amount of penalty imposed under subsection (3)(c) and that the amount has not been paid is evidence that the amount so specified is payable in accordance with this Act and has not been paid.

        [Section 109K inserted by No. 35 of 2003 s. 161.]