Gambling Regulation Act 2024
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Decision as to contravention and imposition of administrative sanction | ||
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203. (1) Subject to subsection (13), an adjudication officer shall decide whether, on the balance of probabilities, a licensee has contravened or is contravening a relevant obligation having considered— | ||
(a) the investigation report and submissions (if any) made by the licensee in accordance with section 202 (2), | ||
(b) any further information or documentation provided by a licensee or the Authority pursuant to a request for further information under section 202 (3)(b), | ||
(c) any information or documentation provided by a person pursuant to a request for information under section 202 (3)(c) and any submissions made by the Authority or the licensee in accordance with section 202 (6), and | ||
(d) any submissions, information, documentation, records or other evidence provided in proceedings before an adjudication officer. | ||
(2) Where an adjudication officer makes a decision under subsection (1) that a licensee has not contravened or is not contravening a relevant obligation, the adjudication officer shall, as soon as practicable after making the decision, send the Authority a copy of that decision. | ||
(3) The Authority shall, as soon as practicable after receiving a copy of a decision referred to in subsection (2), give notice in writing of the decision to the licensee concerned. | ||
(4) Where an adjudication officer makes a decision (in this Chapter referred to as a “decision as to contravention”) under subsection (1) that a licensee has contravened or is contravening a relevant obligation, the adjudication officer shall— | ||
(a) where he or she is not imposing an administrative sanction under subsection (12) in respect of a decision as to contravention, by notice in writing inform the Authority of the decision as to contravention, the reasons for that decision and that he or she is not imposing an administrative sanction, or | ||
(b) where he or she proposes to impose an administrative sanction under subsection (12) in respect of a decision as to contravention, send a notice in accordance with subsection (7). | ||
(5) Where subsection (4)(a) applies, the Authority shall send a copy of the notice under that subsection to the licensee concerned within 7 days of receipt of the notice and shall, at the same time, by notice in writing— | ||
(a) require the licensee to comply with the relevant obligation in respect of which the decision as to contravention relates, | ||
(b) state that the licensee is entitled to appeal, in accordance with section 207 , against the decision as to contravention and state the period within which such an appeal may be made in accordance with that section, and | ||
(c) state that where the licensee does not bring an appeal under section 207 , the Authority shall, as soon as is practicable after the expiration of the period for making an appeal under that section, make an application under section 208 in a summary manner for confirmation of the decision as to contravention. | ||
(6) The Authority shall, in accordance with subsection (5)(c), where no appeal is made by the licensee concerned under section 207 within the period allowed for making the appeal, apply to the Circuit Court under section 208 for confirmation of the decision as to contravention. | ||
(7) Where subsection (4)(b) applies, the adjudication officer shall send a notice in writing to the Authority and the licensee concerned— | ||
(a) informing the Authority and the licensee of the adjudication officer’s decision as to contravention and the reasons for that decision, | ||
(b) stating the intention of the adjudication officer to impose an administrative sanction under subsection (12) and the sanction proposed, and, where the sanction proposed is a financial penalty, the amount of the financial penalty proposed, and | ||
(c) stating that— | ||
(i) the Authority may make submissions in writing to the adjudication officer, within the period specified in the notice, in relation to the administrative sanction and, where applicable, on the amount of the financial penalty and the factors to be taken into account in determining the amount of the penalty in accordance with section 206 , and | ||
(ii) the licensee may make submissions in writing in accordance with subsection (10). | ||
(8) Submissions may be made by the Authority under subsection (7)(c)(i) within the period specified in the notice under that subsection or, where the adjudication officer is satisfied there are good reasons to do so, within such further period, not exceeding 10 days, as he or she may agree in writing with the Authority. | ||
(9) An adjudication officer shall give the licensee concerned a copy of any submissions made by the Authority in accordance with subsection (8). | ||
(10) An adjudication officer shall, by notice in writing, state that the licensee concerned may, within the period specified in the notice, make submissions in writing to the adjudication officer— | ||
(a) where no submissions are received from the Authority in accordance with subsection (8), in relation to the matters referred to in subsection (7)(c), or | ||
(b) where submissions are received from the Authority in accordance with subsection (8), in relation to the matters referred to in subsection (7)(c) and those submissions. | ||
(11) Submissions may be made by a licensee under subsection (10) within the period specified in the notice under that subsection or, where the adjudication officer is satisfied there are good reasons to do so, within such further period, not exceeding 10 days, as he or she may agree in writing with the licensee concerned. | ||
(12) Subject to subsection (13), where an adjudication officer makes a decision as to contravention, he or she may impose an administrative sanction— | ||
(a) having considered the matters referred to in paragraphs (a) to (d) of subsection (1) and any submissions made in accordance with subsections (8) and (11) by the Authority and the licensee concerned, and | ||
(b) where the sanction being imposed is a financial penalty, in accordance with section 206 . | ||
(13) A decision as to contravention and an administrative sanction in relation to that contravention shall take effect in accordance with section 205 . | ||
(14) Where an appropriate court remits an administrative sanction under section 207 (7)(b)(iv), or on the remittal of an administrative sanction only by an appropriate court under section 207 (7)(c)(iv) or the Circuit Court under section 208 (7)(d), an adjudication officer shall reconsider the administrative sanction and may, following such reconsideration in accordance with any directions of the court concerned, impose a different administrative sanction or no administrative sanction. | ||
(15) Where an appropriate court or the Circuit Court remits both the decision as to contravention and the administrative sanction under section 207 (7)(c)(iv) or 208 (7)(d), as the case may be, an adjudication officer shall reconsider both the decision and sanction concerned and may, following such reconsideration in accordance with any directions of the court concerned— | ||
(a) set aside the decision as to contravention and the sanction concerned, or | ||
(b) confirm the decision as to contravention and either confirm the sanction or impose a different administrative sanction or no administrative sanction. | ||
(16) An adjudication officer shall, as soon as practicable after he or she has made a decision under subsection (14) or (15), as the case may be, notify the Authority and the licensee concerned in writing of the decision, the reasons for the decision and specify the date from which the decision shall take effect. |