166 Application for suspension or cancellation of certificate of approval

(1)

A constable or a gambling inspector may apply to the Secretary for an order—

(a)

suspending a certificate of approval; or

(b)

cancelling a certificate of approval.

(2)

An application for an order must—

(a)

be made in the relevant form and manner; and

(b)

contain the relevant information.

(3)

The applicant must send or give a copy of the application to the holder of the certificate of approval and to the holder of the relevant casino operator’s licence if the holder of the certificate of approval is employed in a casino or engaged by a casino licence holder.

(4)

The holder of the relevant casino operator’s licence must provide to the Secretary, on request, the latest contact details of the holder of the certificate of approval if the holder of the certificate of approval is employed in a casino or engaged by a casino licence holder.

(5)

If the Secretary is satisfied that there are grounds to consider suspending or cancelling a certificate of approval, the Secretary must—

(a)

obtain from the holder of the relevant casino operator’s licence (if any) the contact details of the certificate of approval holder; and

(b)

write to the holder of the certificate of approval, enclosing a copy of the application, advising the person that—

(i)

he or she may make a written submission to the Secretary on the application; and

(ii)

he or she may request, and appear at, a hearing (whether personally or by counsel) and may call, examine, and cross-examine witnesses.

(6)

If the holder of the certificate of approval requests a hearing or the Secretary decides to hold a hearing, the Secretary must—

(a)

fix the earliest practicable date for the hearing; and

(b)

notify the holder of the certificate of approval and the applicant of the date, time, and place of the hearing, which must be no earlier than 15 working days after the notification.

(7)

In considering an application and conducting any hearing, the Secretary—

(a)

is not bound to follow any formal procedure; and

(b)

must consider any submission or information provided to him or her by the applicant and the holder of the certificate of approval.

Compare: 1990 No 62 s 93

Section 166(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 166(6): amended, on 3 March 2015, by section 81 of the Gambling Amendment Act 2015 (2015 No 3).