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Gambling Act 2003

Gambling - Licensing of class 3 gambling - Suspension, cancellation, or refusal to amend or renew class 3 operator’s licence

43: Suspension or cancellation of class 3 operator’s licence

You could also call this:

"What happens if a gambling operator breaks the rules and might lose their licence?"

The Secretary can suspend or cancel a class 3 operator's licence for up to 6 months if they think the operator no longer meets certain requirements. This can happen if the operator is not doing what they are supposed to do, or if they gave false information when they applied for the licence. The Secretary looks at the rules in section 37 when deciding what to do.

If the operator breaks the rules, the Secretary can suspend the licence even if the operator has stopped breaking the rules or if there is no penalty for the breach. The Secretary can do this for any breach of the rules, including those in section 38A. You should know that the Secretary has to follow the rules when making decisions about licences.

The Secretary's decision is based on whether the operator is meeting their obligations, and if they are not, the licence can be suspended or cancelled.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM208286.

Topics:
Money and consumer rights > GamblingCrime and justice > Criminal law
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44: Procedure for suspending, cancelling, or refusing to amend or renew class 3 operator’s licence, or

"What happens if someone wants to suspend, cancel, or refuse to renew your gambling licence"

Part 2Gambling
Licensing of class 3 gambling: Suspension, cancellation, or refusal to amend or renew class 3 operator’s licence

43Suspension or cancellation of class 3 operator’s licence

  1. The Secretary may suspend for up to 6 months, or cancel, a class 3 operator’s licence if the Secretary is satisfied that—

  2. any of the grounds in section 37 are no longer met; or
    1. the society is failing, or has failed, to comply with the obligations set out in section 38A or with any other relevant requirements, minimum standards, game rules, or licence conditions of this Act; or
      1. the society supplied information that is materially false or misleading in its application for the licence, or for a renewal or amendment of the licence.

        1. In deciding whether to suspend or cancel a class 3 operator’s licence, the Secretary must take into account the matters in section 37.

        2. The Secretary may exercise the power of suspension conferred by this section in respect of any breach that falls within any of paragraphs (a) to (c) of subsection (1), whether or not—

        3. the breach continues at the time that the power is exercised or is proposed to be exercised:
          1. a penalty is prescribed for the breach.

            Notes
            • Section 43(1)(b): replaced, on , by section 24(1) of the Gambling Amendment Act 2015 (2015 No 3).
            • Section 43(3): inserted, on , by section 24(2) of the Gambling Amendment Act 2015 (2015 No 3).