Associated persons

149 Approval for associated persons required

(1)

No person may have or continue to have a significant influence in a casino unless that person is approved as an associated person for that casino—

(a)

by the Secretary, in the circumstances described in this section; or

(b)

by the Gambling Commission, on appeal from a decision of the Secretary, on application for a casino operator’s licence, on application for renewal of a casino venue licence, and on application for approval of a proposed transferee or alienee of a licence.

(2)

In the circumstances described in subsection (3), the Secretary—

(a)

must undertake any investigations the Secretary considers necessary and decide whether a person has or is likely to have a significant influence in a casino; and

(b)

if the Secretary decides the person has or is likely to have a significant influence in a casino, must then decide to either approve or refuse to approve the person as an associated person.

(3)

The circumstances are as follows:

(a)

receipt by the Secretary of information under section 151; or

(b)

receipt by the Secretary of an application for approval under section 152; or

(c)

receipt by the Secretary of advice by a casino licence holder under section 153; or

(d)

if the Secretary receives or obtains information about the degree of influence a person has in the management, ownership, or operation of a casino and forms the belief that a particular person may have a significant influence in a casino.

(4)

The Secretary must not approve a person as an associated person unless the Secretary is satisfied that the person meets the suitability requirements specified in section 124.

(5)

In assessing suitability, the Secretary has the powers, and other persons have the obligations, in section 125 as if references to the Gambling Commission were references to the Secretary.

(6)

The Secretary must notify the person investigated, and each casino licence holder to whom the decision directly relates, of the Secretary’s decisions under subsection (2).

(7)

If the Secretary refuses to approve a person as an associated person under this section, the person must not acquire or continue to hold the position or interest that confers the significant influence in the casino.

(8)

A person who is approved under section 48 of the Casino Control Act 1990 as of the date this section comes into force is to be regarded as a person approved by the Secretary under subsection (1) as an associated person.