Australian Capital Territory Numbered Acts

GAMING MACHINE ACT 2004 (NO. 34 OF 2004) - SECT 20

    (1)     For this Act, an individual, other than an applicant for a licence, is an eligible person if there is not a disqualifying ground in relation to the individual.

    (2)     For this Act, an individual who is an applicant for a licence is an "eligible person" for the application if—

        (a)     the individual—

              (i)     is an adult; and

              (ii)     holds a general licence or on licence, and has held a licence of that particular kind for a continuous period of at least 1 year before the day the individual applies for a gaming machine licence; and

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

    (3)     Each of the following is a disqualifying ground in relation to an individual:

        (a)     the individual has been convicted, or found guilty, within the previous 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; and

        (b)     the individual is an undischarged bankrupt or, at any time in the last 5 years—

              (i)     was an undischarged bankrupt; or

              (ii)     applied to take the benefit of a law for the relief of bankrupt or insolvent debtors; or

              (iii)     compounded with creditors or made an assignment of remuneration for their benefit; or

        (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.

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

    (5)     However, the commission must not make a decision under subsection (4) unless 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.