Grant of class 3 operator’s licence

37 Grounds for granting class 3 operator’s licence

(1)

The Secretary must refuse to grant a class 3 operator’s licence unless the Secretary is satisfied that—

(a)

the gambling to which the application relates is class 3 gambling; and

(b)

the applicant’s purpose in conducting class 3 gambling is to raise money for authorised purposes; and

(c)

the applicant’s proposed gambling operation is financially viable; and

(d)

the applicant will maximise the net proceeds from the class 3 gambling and minimise the operating costs of that gambling; and

(e)

the net proceeds from the class 3 gambling will be applied to or distributed for authorised purposes; and

(f)

the applicant is able to comply with applicable regulatory requirements; and

(g)

any investigations carried out by the Secretary do not cause the Secretary not to be satisfied about the suitability of the applicant, any officers of the applicant, or the organiser of the gambling.

(2)

In assessing financial viability under subsection (1)(c), the Secretary must consider, among other things, the ability of the applicant to both reward winners and apply or distribute the net proceeds from the class 3 gambling to or for authorised purposes.

(3)

The Secretary may refuse to grant a class 3 operator’s licence if an applicant fails to provide the information requested by the Secretary in accordance with section 36.

(4)

If the Secretary decides to refuse to grant a class 3 operator’s licence, the Secretary must notify the applicant of—

(a)

the reason for the decision; and

(b)

the right to appeal the decision; and

(c)

the process to be followed for an appeal under section 46.