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

188 Repealed

Subpart 6—Repealed

 

189 Repealed

189[Repealed].

 

190 Repealed

190 [Repealed]

191 Repealed

[Repealed].

 

192 Repealed

192[Repealed]

 

193 Repealed

193[Repealed]

194 Repealed

194 [Repealed]

195 Repealed

[Repealed]

 

196 Repealed

196[Repealed]

 

197 Repealed

197[Repealed]

 

198 Repealed

198[Repealed]

 

199 Repealed

199[Repealed]

 

200 Repealed

[Repealed]

201 Repealed

201[Repealed]

202 Repealed

202[Repealed]

 

203 Repealed

203[Repealed]

203A Repealed

203A   [Repealed]

 

204 Repealed

204[Repealed]

205 Repealed

[Repealed]

 

205A ARepealed

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206 Repealed

[Repealed]

207 Repealed

207[Repealed]

208 Repealed

208[Repealed]

209 Repealed

209[Repealed]

210 Repealed

210[Repealed]

 

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 qualified auditor (within the meaning of section 35 of the Financial Reporting Act 2013) 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.