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Part 2 - Gambling - Subpart 6 - Licensed promoters of class 3 gambling

188 Society may engage licensed promoter

Subpart 6—Licensed promoters of class 3 gambling

 

188Society may engage licensed promoter
(1)A society may engage a licensed promoter, for reward, to promote licensed class 3 gambling, which is not conducted regularly, on its behalf.

 

(2)Reward paid to a licensed promoter under subsection (1) may be by way of remuneration, commission, or otherwise, but must not exceed the lesser of—
(a)the amount applied to authorised purposes from the promotion; or
(b)the amount prescribed by regulations made under section 219.

 

(3)A society must not engage a licensed promoter unless their relationship is covered by an agreement that satisfies any regulation made under section 219.

 

(4)In this section, conducted regularly has the same meaning as in section 28(4).

 

189 Licensed promoter may only promote licensed class 3 gambling activity

189Licensed promoter may only promote licensed class 3 gambling activity
(1)A licensed promoter must not promote a class 3 gambling activity on behalf of a society unless the promoter believes on reasonable grounds that the society has obtained a class 3 operator's licence to conduct the gambling activity under section 37.

 

(2)A person who contravenes subsection (1) commits an offence and is liable on … conviction to a fine not exceeding $5,000.

 

(3)In addition to any penalty that may be imposed under subsection (2), a court may order that the licensed promoter forfeit to the Crown all reward paid to the licensed promoter by the society for promoting the class 3 gambling activity.

 

190 Existing licensed promoter licences

190Existing licensed promoter licences

Despite section 375, an existing licensed promoter's licence held on the commencement of this section continues on its current terms as if it were a licence granted under section 201.

 

191 Eligibility for licensed promoter's licence

Applications for licensed promoter's licence

 

191Eligibility for licensed promoter's licence
(1)Subject to subsection (2), the following persons may apply for, and obtain, a licensed promoter's licence:
(a)a natural person who is over the age of 18 years:
(b)a company.

 

(2)A person may not apply for, or obtain, a licensed promoter's licence if,—
(a)in the case of a natural person,—
(i)the person is an undischarged bankrupt; or
(ii)the person is a bankrupt whose order of discharge is suspended for a term that has not yet expired or is subject to conditions not yet fulfilled; or
(b)the person has previously held a licensed promoter's licence that was cancelled, or for which a renewal was refused, at any time within the period of 5 years immediately before the date of application.

 

(3)A person must not apply for, or obtain, a licensed promoter's licence knowing that the person is not eligible to do so.

 

(4)A person who contravenes subsection (3) commits an offence and is liable on … conviction to a fine not exceeding $2,000.

 

192 Application for licensed promoter's licence

192Application for licensed promoter's licence
(1)An application for a licensed promoter's licence must be made to the Secretary on the relevant standard form and be accompanied by a bond that satisfies section 195.

 

(2)The Secretary may return an incomplete application, and the accompanying bond and any fee, to an applicant.

 

193 Notice of licence application

193Notice of licence application

An applicant for a licensed promoter's licence must, after lodging the application with the Secretary,—

(a)send a copy of the application to a senior member of the police,—
(i)in the case of an applicant who is a natural person, in the district in which the applicant resides:
(ii)in the case of an applicant that is a company, in the district in which the company's registered office is situated:
(b)publish a notice of the application twice, at intervals of not more than 14 days, in a newspaper or newspapers approved for the purpose by the Secretary.

 

194 Objections

194Objections
(1)The police or any other person may object to an application for a licensed promoter's licence.

 

(2)The police must lodge an objection to an application within 1 month after a copy of the application has been received by the police.

 

(3)A person, other than the police, must lodge an objection to an application within 1 month after notice of the application is first published.

 

(4)Objections must—
(a)be lodged with the Secretary; and
(b)relate to the suitability of the applicant, or a key person of the applicant, in terms of the matters specified in section 201(2) and (3); and
(c)state the grounds of objection.

 

(5)The Secretary must send a copy of the objection to the applicant within 7 days after the objection is lodged with the Secretary.

 

195 Applicant must provide bond given by approved surety

Bond

 

195Applicant must provide bond given by approved surety
(1)An application for a licensed promoter's licence must be accompanied by a bond given by a person who is nominated to the Secretary as a surety.

 

(2)The bond must—
(a)be for the amount of—
(i)$50,000, until the date that is 3 years after the date on which this Act receives the Royal assent:
(ii)$200,000, on and from the date that is 3 years after the date on which this Act receives the Royal assent; and
(b)bind the surety, unconditionally, to pay the bond to the Secretary on demand if the licensed promoter does 1 or more of the things specified in section 196(1).

 

(3)As soon as practicable after receiving the application, the Secretary must approve the person nominated as the surety, or refuse to approve the person.

 

(4)In considering whether or not to approve a person as an approved surety, the Secretary must have regard to the person's ability to pay the bond on demand.

 

(5)To avoid doubt, in the case of a licensed promoter's licence that was granted before the date specified in subsection (2)(a)(ii) and that is renewed after that date, the bond given by the approved surety must be increased to $200,000 at the time an application for a renewal of the licence is made.

 

196 When bond must be paid to Secretary

196When bond must be paid to Secretary
(1)The Secretary may demand immediate payment of the bond, and the approved surety must satisfy that demand, if the licensed promoter does 1 or more of the following:
(a)fails to meet a financial commitment to the society that engaged the licensed promoter:
(b)fails to pay prizes to winners of class 3 gambling promoted by the licensed promoter:
(c)breaches the obligations of a licensed promoter under this Act or the licensed promoter's licence.

 

(2)A copy of the demand must be sent to the licensed promoter.

 

(3)The Secretary must pay the bond received under subsection (1) into a bank account established to administer bonds.

 

197 Secretary may appoint administrator

197Secretary may appoint administrator

The Secretary may appoint an administrator—

(a)to administer bonds paid by approved sureties to the Secretary; and
(b)to consider, negotiate, and pay compensation claims against a licensed promoter lodged under section 198.

 

198 Compensation claims

198Compensation claims
(1)The administrator may apply the bond received from an approved surety to compensate a society or participants in the class 3 gambling activity who have suffered loss or damage in the circumstances set out in section 196(1) as a result of the acts or omissions of the licensed promoter.

 

(2)If subsection (1) applies, the administrator must publish a notice twice, at intervals of not more than 14 days in a newspaper or newspapers that the administrator considers sufficient, inviting people to lodge claims with the administrator.

 

(3)A person who wishes to lodge a claim must do so within 6 months of the first date on which the notice is published.

 

199 Consideration and payment of claims

199Consideration and payment of claims
(1)The administrator must—
(a)investigate whether a claim made under section 198(3) is justified; and
(b)negotiate the amount of a claim with the claimant; and
(c)negotiate any claims for interest and, if interest is pay able, the rate of interest.

 

(2)The administrator's decision on whether or not to accept a claim, and the amount of the claim, is final.

 

(3)The administrator must apply the bond as follows:
(a)first, to pay the administrator's fees and expenses incurred in administering the bond:
(b)second, to pay compensation to persons whose claims have been accepted by the administrator under subsection (2):
(c)third, to pay to the approved surety any surplus after the amounts specified in paragraphs (a) and (b) have been satisfied.

 

(4)If the total claims accepted by an administrator exceed the bond amount paid by an approved surety, the administrator must (after deducting the administrator's fees and expenses) pay each person whose claim has been accepted the proportion of the bond amount that the person's claim bears to the total claims accepted.

 

(5)The administrator must not pay a claim until 6 months after the second notice required under section 198 is given.

 

200 Secretary must investigate applicant for licensed promoter's licence

Grant of licensed promoter's licence

 

200Secretary must investigate applicant for licensed promoter's licence
(1)The Secretary must undertake any investigations the Secretary considers necessary to determine whether an application for a licensed promoter's licence may be granted.

 

(2)In undertaking investigations, the Secretary may—
(a)require the applicant to provide further information relating to the application:
(b)require the police to provide any relevant information that the police may hold about the applicant or any key person:
(c)refer to the police a copy of the application and any supporting information provided by the applicant.

 

(3)Subsection (2) does not limit subsection (1).

 

(4)A person required to provide information under subsection (2) must provide the information as promptly as is reasonable in the circumstances.

 

201 Grounds for granting licensed promoter's licence

201Grounds for granting licensed promoter's licence
(1)The Secretary must refuse to grant a licensed promoter’s licence unless the Secretary is satisfied that the applicant is suitable and will comply with all relevant requirements of this Act.

 

(2)In determining whether an applicant is suitable for a licensed promoter’s licence, the Secretary may investigate and take into account the following things:
(a)whether the applicant or a key person has, within the last 7 years,—
(i)been convicted of a relevant offence:
(ii)held, or been a key person in relation to, a licence under this Act or previous gaming Acts that has been cancelled, or suspended, or for which an application for renewal has been refused:
(iii)been placed in receivership, gone into liquidation, or been adjudged bankrupt:
(iv)been a director of a company that has been placed in receivership or put into liquidation, and been involved in the events leading to the company being placed in receivership or put into liquidation:
(v)been prohibited or disqualified from acting as a director or promoter of, or in any way, whether directly or indirectly, being concerned or taking part in the management of, a company under section 382, 383, or 385 of the Companies Act 1993:
(vi)been prohibited from acting as a director or directly or indirectly being concerned, or taking part, in the management of a company under section 299 of the Insolvency Act 2006:
(b)the profile of past compliance by the applicant and each key person with—
(i)this Act, minimum standards, game rules, Gazette notices, and licence conditions; and
(ii)the Racing Act 2003 or the Racing Act 1971 (and any rules of racing made under either of those Acts); and
(iii)previous gaming Acts, and regulations made under previous gaming Acts; and
(iv)a licence or a site approval issued under a previous gaming Act; and
(c)the financial position and credit history of the applicant and each key person.

 

(3)The Secretary may take into account matters of a similar nature to those listed in subsection (2) that occurred outside New Zealand.

 

(4)The Secretary must refuse to grant an application for a licensed promoter’s licence if—
(a)the Secretary refuses to approve a person nominated as a surety under section 195(3); or
(b)the applicant refuses to provide the information required by the Secretary under section 200(2)(a).

 

(5)If the Secretary decides to refuse to grant a licensed promoter’s licence, the Secretary must notify the applicant of—
(a)the reason for the decision; and
(b)the right to appeal the decision; and
(c)the process to be followed for an appeal under section 209.

 

Section 201(1): amended, on 3 March 2015, by section 83(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 201(2): replaced, on 3 March 2015, by section 83(2) of the Gambling Amendment Act 2015 (2015 No 3).

 

202 Secretary must notify police if licence granted

202Secretary must notify police if licence granted
(1)The Secretary must, after granting a licence, notify the police of—
(a)the full name and address of the licensed promoter and any key person; and
(b)the number of the licence; and
(c)the date on which the licence was granted; and
(d)the registered office of the licensed promoter, and any other place of business specified in the licence.

 

(2)The Secretary must also notify the police if the Secretary takes any other action in respect of the licence.

 

(3)Notice required under this section must be given to a senior member of the police,—
(a)in the case of a holder of a licence who is a natural person, in the district in which the person resides:
(b)in the case of a holder of a licence that is a company, in the district where the company's registered office is situated.

 

203 Content and conditions of licensed promoter's licence

203Content and conditions of licensed promoter's licence
(1)A licensed promoter's licence must include the following information:
(a)the name and business address of the licensed promoter and any key person; and
(b)the commencement date and expiry date of the licence; and
(c)the name and business address of the approved surety.

 

(2)A licensed promoter's licence is subject to the following conditions:
(a)the licence will be suspended until another bond is provided to the Secretary if—
(i)the bond provided by the approved surety under section 195 is withdrawn; or
(ii)the approved surety is required to pay the bond to the Secretary under section 196:
(b)the licensed promoter must not be associated directly or indirectly with providing ancillary services or prizes in a promotion, unless those services or prizes are provided free of charge:
(c)the licensed promoter must not, during the period of the licence, be employed by a society to conduct class 3 gambling, except in the capacity as a licensed promoter:
(d)any other conditions added by the Secretary.

 

(3)The conditions that the Secretary may add to a licensed promoter's licence include—
(a)conditions relating to the investigation and audit of the licensed promoter by the Secretary:
(b)any other conditions consistent with this Act that the Secretary considers will promote or ensure compliance with this Act.

 

(4)The Secretary may, after consultation with the licensed promoter,—
(a)amend or revoke a condition of a licensed promoter's licence; or
(b)add new conditions to a licensed promoter's licence.

 

(5)If the Secretary decides to amend or revoke a condition or add a new condition to a licence, the Secretary must notify the [licensed promoter] of—
(a)the right to appeal the decision; and
(b)the process to be followed for an appeal under section 209.

 

(6)A licensed promoter who contravenes subsection (2)(c) commits an offence and is liable on … conviction to a fine not exceeding $1,000.

 

203A Significant changes in relation to licensed promoter’s licence must be notified

203A    Significant changes in relation to licensed promoter's licence must be notified

(1)A licensed promoter must notify the Secretary and provide details of significant changes to the information supplied in, or accompanying, an application for a licence or an amendment to or renewal of a licence.

 

(2)Notification must occur before, or as soon as practicable after, the changes occur.

 

(3)The powers and obligations in section 200 apply to a notification of changes as if the notification were an application for a licensed promoter’s licence.

 

(4)The Secretary may require the licensed promoter to apply for an amendment to the licence under section 205A or may invoke the suspension or cancellation provisions under section 206 or 207 as a result of the notification of changes.

 

Section 203A: inserted, on 3 March 2015, by section 84 of the Gambling Amendment Act 2015 (2015 No 3).

 

204 Secretary must keep register of licensed promoters

204Secretary must keep register of licensed promoters
(1)The Secretary must keep and maintain a register that records the name and contact details of licensed promoters.

 

(2)The register may be kept and maintained in written or electronic form, or both.

 

(3)The register must be made available for inspection to members of the police and the public.

 

205 Renewal of licensed promoter's licence

Renewal or amendment of licensed promoter's licence

 

Heading: amended, on 3 March 2015, by section 85 of the Gambling Amendment Act 2015 (2015 No 3).

 

205Renewal of licensed promoter's licence
(1)A licensed promoter may apply to the Secretary for a renewal of his, her, or its licensed promoter’s licence before the expiry of the licence.

 

(2)An application must be made on the relevant standard form and be accompanied by—
(a)a bond that satisfies section 195; or
(b)if the Secretary thinks fit, a statement by the existing approved surety that the surety is willing to continue to act as a surety for the licensed promoter and the prescribed bond amount.

 

(3)Sections 193, 200, and 201 apply to an application for renewal as if it were an application for a licensed promoter’s licence.

 

(4)The Secretary must not renew a licence unless the bond or statement required under subsection (2)(a) or (b) has been lodged or given, as the case may be.

 

(5)A licensed promoter’s licence continues in force after its expiry date if—
(a)the licensed promoter has applied for renewal of the licence before the expiry date; and
(b)the application has not been refused.

 

Section 205(3): amended, on 3 March 2015, by section 86 of the Gambling Amendment Act 2015 (2015 No 3).

 

205A Amending licensed promoter’s licence

205A    Amending licensed promoter’s licence

(1)A licensed promoter must apply to the Secretary to amend that licensed promoter’s licence if he, she, or it proposes to make any change that impacts on the licensed promoter’s ability to continue to comply with this Act or the licence.

 

(2)An application must be on the relevant standard form.

 

(3)The Secretary may return an incomplete application, and the accompanying documents and any fee, to an applicant.

 

(4)Sections 200 and 201 apply to an application for amendment as if it were an application for a licensed promoter’s licence.

 

(5)The Secretary must refuse to amend a licensed promoter’s licence if any investigations carried out by the Secretary cause the Secretary not to be satisfied about any of the matters specified in section 201.

 

Section 205A: inserted, on 3 March 2015, by section 87 of the Gambling Amendment Act 2015 (2015 No 3).

 

206 Suspension or cancellation of licensed promoter's licence

Suspension, cancellation, or refusal to renew licensed promoter's licence

 

206Suspension or cancellation of licensed promoter's licence
(1)The Secretary may suspend for up to 6 months, or cancel, a licensed promoter's licence if the Secretary is satisfied that—
(a)the licensed promoter is no longer suitable to hold the licence, in terms of section 201(2) or (3):
(b)the licensed promoter is failing, or has failed, to comply with—
(i)this Act; or
(ii)the licence; or
(iii)the licensed promoter's agreement.

 

(iv)In deciding whether to suspend or cancel a licensed promoter's licence, the Secretary must take into account the matters in section 201.

 

207 Procedure for suspending, cancelling, or refusing to renew licensed promoter's licence

207Procedure for suspending, cancelling, or refusing to renew licensed promoter's licence
(1)If the Secretary proposes to suspend, cancel, or refuse to renew a licensed promoter's licence, the Secretary must notify the licensed promoter of—
(a)the proposal to suspend, cancel, or refuse to renew the licence; and
(b)the reason for the proposed suspension, cancellation, or refusal; and
(c)the licensed promoter's rights, and the procedure to be followed,—
(i)before the suspension or cancellation takes effect; or
(ii)as a result of the refusal to renew the licence.

 

(2)A licensed promoter may make written submissions to the Secretary concerning the proposed suspension, cancellation, or refusal to renew within—
(a)20 working days after the date of the notice under subsection (1); or
(b)any longer period that the Secretary allows if an application for an extension is made within the time period specified in paragraph (a).

 

(3)The Secretary must consider any submissions made by the licensed promoter.

 

(4)If the Secretary decides to suspend a licensed promoter's licence, the Secretary must notify the licensed promoter of—
(a)the date that the suspension takes effect, being the date of the notice or a specified date after the date of the notice; and
(b)the suspension period (up to 6 months); and
(c)the reason for the suspension; and
(d)the matters to be dealt with in order for the Secretary to consider withdrawing the suspension before the end of the suspension period; and
(e)the consequences of not dealing with the matters identified.

 

(5)If the Secretary decides to cancel or refuse to renew a licensed promoter's licence, the Secretary must notify the licensed promoter of,—
(a)for a cancellation, the date on which it takes effect and the reason for the cancellation:
(b)for a refusal to renew, the reason for the refusal.

 

(6)If subsection (4) or subsection (5) applies, the Secretary must also notify the licensed promoter of—
(a)the right to appeal the decision; and
(b)the process to be followed for an appeal under section 209.

 

208 Consequences of suspension, cancellation, or refusal to renew licensed promoter's licence

208Consequences of suspension, cancellation, or refusal to renew licensed promoter's licence
(1)The suspension or cancellation of, or refusal to renew, a licensed promoter's licence does not affect—
(a)the obligations of an approved surety to pay the bond amount on demand under section 196:
(b)the obligations of the licensed promoter to operate a trust account as required by section 211.

 

(2)The Secretary may decide to withdraw a suspension before the end of the suspension period if the reasons for the suspension are resolved to the satisfaction of the Secretary.

 

(3)The Secretary may decide to cancel a suspended licence at the end of the suspension period if the reasons for the suspension are not resolved to the satisfaction of the Secretary.

 

(4)Section 207(5) and (6) apply to the cancellation of a suspended licence.

 

(5)A licensed promoter is not entitled to a refund of fees paid in relation to its licensed promoter's licence if the Secretary suspends, cancels, or refuses to amend or renew its licensed promoter's licence.

 

209 Appeal to Gambling Commission regarding licensed promoter's licence

209Appeal to Gambling Commission regarding licensed promoter's licence
(1)An applicant for a licensed promoter's licence or a licensed promoter may appeal to the Gambling Commission against a decision of the Secretary to—
(a)refuse to grant a licensed promoter's licence to the applicant; or
(b)amend or revoke a condition of the licence, or add a new condition to it; or
(c)refuse an application by the licensed promoter for the renewal of the licensed promoter's licence held by the licensed promoter; or
(d)suspend or cancel a licence.

 

(2)An appeal must be in writing and must be made within—
(a)15 working days after the date of the notice of the Secretary's decision; or
(b)any longer period that the Gambling Commission allows if an application for an extension is made within the time period specified in paragraph (a).

 

(3)The Gambling Commission—
(a)may request any information from the applicant, licensed promoter, or Secretary; and
(b)is not bound to follow any formal procedure; and
(c)does not need to hold a hearing; and
(d)must consider any information provided by the applicant, licensed promoter, or Secretary.

 

(4)The Gambling Commission may then—
(a)confirm, vary, or reverse the decision of the Secretary; or
(b)refer the matter back to the Secretary with directions to reconsider the decision.

 

(5)The Gambling Commission must give notice of its decision, with reasons, to both the applicant or licensed promoter and to the Secretary.

 

210 Consequences of appeal regarding licensed promoter's licence

210Consequences of appeal regarding licensed promoter's licence
(1)The conditions of a licensed promoter's licence remain unchanged pending the outcome of an appeal if the appellant appeals an amendment or revocation of a condition or the addition of a new condition under section 209(1)(b).

 

(2)A licensed promoter's licence remains in force until—
(a)the expiry of the period for an appeal under section 209(2); or
(b)the outcome of an appeal if the appellant—
(i)appeals a decision to amend or revoke a condition of a licence, or to add a new condition to a licence under section 209(1)(b); or
(ii)appeals a refusal to renew the licence under section 209(1)(c); or
(iii)appeals a decision to suspend or cancel the licence under section 209(1)(d).

 

211 Licensed promoter must have trust account

Trust account

 

211Licensed promoter must have trust account
(1)This section applies to all money raised by, or paid to, a licensed promoter (including interest)—
(a)to meet the expenses incurred by the licensed promoter on the society's behalf; or
(b)to be held by the licensed promoter on the society's behalf.

 

(2)A licensed promoter must pay the money into a trust account, at a registered bank, operated either—
(a)for the activities of the society or the licensed promoter generally; or
(b)for a particular promotion.

 

(3)No person may withdraw money paid into the trust account except—
(a)to pay it to the society on whose behalf it was received or, at the direction in writing of the society, to a person other than the licensed promoter; or
(b)for the purpose of paying an account rendered in accordance with section 213.

 

(4)Money paid into a licensed promoter's trust account must not—
(a)be used to pay debts of the licensed promoter, or of a key person of the licensed promoter:
(b)be attached or taken in execution under an order or process of a court:
(c)pass to the Official Assignee if the licensed promoter or a key person of the licensed promoter is adjudged bankrupt.

 

(5)A person who knowingly contravenes subsection (3) or subsection (4) commits an offence and is liable on … conviction to a fine not exceeding $2,000.

 

(6)This section does not prevent money raised by, or paid to, a licensed promoter being paid into the society's bank account if the payment is permitted by the licensed promoter's agreement with the society.

 

212 Trust account must be audited

212Trust account must be audited

 

A licensed promoter's trust account must be audited by a chartered accountant (within the meaning of section 19 of the New Zealand Institute of Chartered Accountants Act 1996) at the times and in the manner prescribed by regulations made under section 219.

 

213 Licensed promoter must render account to society

213Licensed promoter must render account to society
(1)A licensed promoter must render an account to the society that sets out, in full, particulars of—
(a)the money that has been received by the licensed promoter on behalf of the society; and
(b)how the money has been applied; and
(c)any outstanding amounts that remain to be applied.

 

(2)The account must be rendered—
(a)within 7 days of a request from the society to do so; or
(b)if no request has been made, within 28 days if the licensed promoter has ceased to act for the society.

 

(3)A licensed promoter who has rendered an account to a society that satisfies subsection (1) may appropriate money from the trust account to satisfy the account if the appropriation is permitted by the licensed promoter's agreement with the society and by this Act.

 

(4)A licensed promoter must pay all money held in the trust account on behalf of the society to the society—
(a)within 7 days of a request from the society to do so; or
(b)if no request has been made, within 28 days if the licensed promoter has ceased to act for the society.

 

(5)A person who knowingly contravenes this section commits an offence and is liable on … conviction to a fine not exceeding $2,000.

 

214 Surrender of licensed promoter's licence

Other matters

 

214Surrender of licensed promoter's licence
(1)A licensed promoter may surrender a licensed promoter's licence to the Secretary at any time.
(2)The surrender of a licence by a licensed promoter does not affect—
(a)the obligations of the licensed promoter under this Act or the licence:
(b)the obligations of an approved surety under this Act.

 

215 Temporary licence

215Temporary licence
(1)The Secretary may, on the application of a person specified in subsection (2), authorise the applicant or any other person to carry on the business of a licensed promoter for a period of up to 3 months.

 

(2)The persons are—
(a)the manager of the licensed promoter's estate, if the licensed promoter becomes subject to a property order under the Protection of Personal and Property Rights Act 1988:
(b)the licensed promoter's personal representative, if the licensed promoter dies:
(c)the official assignee, if the licensed promoter is adjudged bankrupt:
(d)a liquidator, receiver, or statutory manager, if the licensed promoter is a company and is put into liquidation, placed in receivership, or declared to be subject to statutory management, as the case may be.

 

(3)An applicant must, after lodging the application with the Secretary, send a copy of it to the police.

 

(4)If the application is granted, the person who is authorised to carry on the business of the licensed promoter must be treated as if the person were the licensed promoter.

 

(5)The Secretary must, after granting a licence under this section, notify the police in accordance with section 202.

 

216 Revocation of temporary licence

216Revocation of temporary licence
(1)The police may apply to the Secretary for an authorisation under section 215(1) to be revoked if there are grounds to believe that—
(a)it is not in the public interest for the business to be carried on; or
(b)the person who is authorised to carry on the business has been convicted of a relevant offence.

 

(2)The Secretary may revoke the authorisation if the Secretary has good reason to believe that 1 or both of the grounds in subsection (1) have been established.

 

(3)In determining whether the grounds in subsection (1) have been established, the Secretary may take into account matters that occurred outside New Zealand.

 

(4)The revocation does not take effect until the Secretary has notified the person concerned.

 

217 Incomplete promotions

217Incomplete promotions
(1)This section applies if a licensed promoter is unable or unwilling to complete the promotion of a class 3 gambling activity.

 

(2)If subsection (1) applies, the society on whose behalf the promotion was undertaken may ask the Secretary to—
(a)authorise the society to wind up the promotion; or
(b)authorise the society to proceed on its own behalf with the promotion; or
(c)authorise the society to appoint another licensed promoter to take over and complete the promotion.

 

218 Licensed promoter's licence not transferable

218Licensed promoter's licence not transferable
(1)A licensed promoter's licence is not transferable.

 

(2)This section is subject to sections 215 and 217.

 

219 Regulations relating to licensed promoters

219Regulations relating to licensed promoters

The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

(a)prescribing the content of a licensed promoter's agreement:
(b)providing for the manner and timing of the audit of a licensed promoter's trust account:
(c)prescribing the maximum, expressed in any appropriate way including a specific amount or a percentage, that may be deducted by a licensed promoter for expenses incurred in promoting class 3 gambling:
(d)prescribing the maximum reward, expressed in any appropriate way including a specific amount or a percentage, that may be paid to a licensed promoter for promoting class 3 gambling:
(e)providing for the maximum number of class 3 gambling activities that may be conducted or promoted by a licensed promoter during the period of a licence:
(f)providing for the supervision of class 3 gambling activities promoted by licensed promoters by the police and gambling inspectors:
(g)providing for any other matters that are contemplated by, or necessary for, giving full effect to this subpart and its due administration.