Gambling Regulation Act 2024
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Taking effect of decision as to contravention and taking effect of administrative sanction | ||
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205. (1) A decision as to contravention shall take effect— | ||
(a) where an appeal against the decision is taken under section 207 , when the decision is upheld on appeal, | ||
(b) when the decision is confirmed by the Circuit Court in accordance with section 208 , or | ||
(c) where the decision, having been remitted to an adjudication officer for reconsideration, is confirmed by the officer under subsection (15)(b) of section 203 , on the date specified in the notice under subsection (16) of that section. | ||
(2) An administrative sanction shall take effect— | ||
(a) where an appeal is taken under section 207 — | ||
(i) when the sanction is confirmed on appeal by the appropriate court under subsection (7)(b)(i) or (7)(c)(i) of that section or when a different administrative sanction is imposed by the appropriate court under subsection (7)(b)(iii) or (7)(c)(iii) of that section, or | ||
(ii) where the appropriate court on appeal remits the sanction to an adjudication officer and the sanction is confirmed by the officer under subsection (15)(b) of section 203 or a different administrative sanction is imposed by the officer under subsection (14) or (15)(b) of that section, on the date specified in the notice under subsection (16) of that section, | ||
or | ||
(b) where an application is made to the Circuit Court under section 208 — | ||
(i) when the sanction is confirmed by the Court under subsection (5) of that section or when a different administrative sanction is imposed by the Court under subsection (7)(c) of that section, or | ||
(ii) where the Court remits the sanction to an adjudication officer and the sanction is confirmed by the officer under subsection (15)(b) of section 203 or a different administrative sanction is imposed by the officer under subsection (14) or (15)(b) of that section, on the date specified in the notice under subsection (16) of that section. | ||
(3) Where an administrative sanction takes effect in accordance with subsection (2), the sanction may be enforced by the Authority without the need for any further judgment of a court. | ||
(4) The Authority may recover, as a simple contract debt in any court of competent jurisdiction, any amount due and owing by a licensee as a financial penalty which has taken effect as an administrative sanction in accordance with subsection (2). | ||
(5) Where a licensee fails to comply with an administrative sanction that has taken effect in accordance with subsection (2), the High Court may, on an application to it by the Authority in that behalf— | ||
(a) compel compliance with the administrative sanction imposed, and | ||
(b) grant such injunctive relief (if any) that the Court considers necessary. | ||
(6) The High Court may not require the Authority to give an undertaking as to damages as a condition of granting any injunctive relief under subsection (5)(b). |