Gambling Regulation Act 2024

Action by adjudication officer after assignment to conduct adjudication

202. (1) An adjudication officer to whom an adjudication is assigned under section 199 (1) shall, as soon as practicable after such assignment, give the licensee concerned—

(a) a copy of this section, and

(b) a notice in writing stating that the licensee may make submissions in writing, within the period specified in the notice, to the adjudication officer on the investigation report to which that adjudication relates.

(2) Submissions may be made under paragraph (b) of subsection (1) within the period specified in the notice given under that paragraph or within such further period, not exceeding 15 days, as the adjudication officer may agree in writing with the licensee concerned.

(3) An adjudication officer may, where he or she considers necessary or appropriate for the purposes of resolving an issue of fact or otherwise enabling the adjudication officer to make a decision under section 203 (1) or to impose an administrative sanction under section 203 (12), do any of the following:

(a) issue a direction under section 210 ;

(b) request, by notice in writing, from either the licensee or the Authority, or both, further information or documentation, or both, to be provided within such period as is specified in the notice;

(c) request, by notice in writing, from any other person (not being the licensee or the Authority) information or documentation, or both, to be provided within such period as is specified in the notice, and the adjudication officer may, where necessary for the purposes of the request, provide, with due regard for commercial confidentiality, a copy of the investigation report to that other person;

(d) conduct an oral hearing.

(4) As soon as practicable after making a request under subsection (3)(c), the adjudication officer shall, with due regard for commercial confidentiality, give to the Authority and the licensee concerned a copy of the request.

(5) As soon as practicable after receiving information or documentation pursuant to a request under subsection (3)(c), the adjudication officer shall, with due regard for commercial confidentiality, give the Authority and the licensee concerned—

(a) a copy of the information or documentation or, where by reason of commercial confidentiality such information or documentation cannot be provided in full, a summary of such information or documentation received from the person to whom the request was made, and

(b) a notice in writing stating that the Authority and the licensee may make submissions in writing, within the period specified in the notice, to the adjudication officer on the information or documentation.

(6) Submissions may be made under paragraph (b) of subsection (5) within the period specified in the notice given under that paragraph or within such further period, not exceeding 10 days, as the adjudication officer may agree in writing with the Authority or licensee, as the case may be.

(7) A person who receives a copy of an investigation report under subsection (3)(c) shall not, without the prior consent in writing of the adjudication officer concerned, disclose the existence or the content of the investigation report to any other person.

(8) A person who contravenes subsection (7) is guilty of an offence and is liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both.