Australian Capital Territory Current Acts

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GAMING MACHINE ACT 2004 - SECT 6

Eligibility of individuals

    (1)     For this Act, an individual is an eligible person if—

        (a)     the individual is an adult; and

        (b)     there is not a disqualifying ground in relation to the individual.

    (2)     Each of the following is a disqualifying ground for an individual:

        (a)     the individual has been convicted, or found guilty, in the last 5 years, whether in the ACT or elsewhere, of an offence—

              (i)     involving fraud or dishonesty; or

              (ii)     punishable by imprisonment for at least 1 year; or

              (iii)     against a law about gaming;

        (b)     the individual is, or at any time in the last 5 years has been, bankrupt or personally insolvent;

Note     Bankrupt or personally insolvent —see the Legislation Act

, dictionary, pt 1.

        (c)     at any time in the last 5 years the individual was involved in the management of a corporation when—

              (i)     the corporation became the subject of a winding-up order; or

              (ii)     a controller or administrator was appointed for the corporation;

        (d)     at any time in the last 12 months the individual had—

              (i)     a licence cancelled under section 58 (Disciplinary action); or

              (ii)     an authorisation cancelled under section 64 (Cancellation of authorisation certificate because of cancellation etc of general and on licences); or

              (iii)     an application for approval as a technician refused, on the basis that the person provided false or misleading information, under section 75 (Approval of technicians); or

              (iv)     approval as a technician cancelled under section 79 (1) (a) or (c) (Cancellation etc of technician's approval).

    (3)     Despite subsection (2), the commission may decide that the individual is an eligible person even though there is a disqualifying ground in relation to the individual if satisfied that—

        (a)     if the individual is an applicant for a licence—the operation of gaming machines by the individual would not adversely affect the public; and

        (b)     it is otherwise in the public interest that the individual be treated as an eligible person.



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