Gambling Amendment Act (No 2) 2015

Part 2 Miscellaneous matters

28 New section 235A inserted (No review of Secretary’s decisions concerning class 3 or class 4 gambling until right of appeal exercised)

After section 235, insert:

235A No review of Secretary’s decisions concerning class 3 or class 4 gambling until right of appeal exercised

(1)

A person who has a right to appeal to the Gambling Commission against 1 or more of the decisions specified in subsection (2) is not entitled to apply for judicial review of the decision unless—

(a)

that person exercises that right of appeal; and

(b)

the appeal is finally determined.

(2)

The decisions referred to in subsection (1) are—

(a)

a decision by the Secretary to refuse to grant a class 3 operator’s licence, class 4 operator’s licence, or class 4 venue licence:

(b)

a decision by the Secretary to cancel or suspend a class 3 operator’s licence, class 4 operator’s licence, or class 4 venue licence:

(c)

a decision by the Secretary to amend or revoke a condition of, or add a new condition to, a class 3 operator’s licence, class 4 operator’s licence, or class 4 venue licence:

(d)

a decision by the Secretary to refuse to renew a class 3 operator’s licence, class 4 operator’s licence, or class 4 venue licence:

(e)

a decision by the Secretary to refuse to amend a class 3 operator’s licence, class 4 operator’s licence, or class 4 venue licence.

(3)

In this section, apply for judicial review means—

(a)

to make an application for review of the decision under Part 1 of the Judicature Amendment Act 1972; or

(b)

to institute proceedings seeking any writ or order of, or in the nature of, mandamus, prohibition, or certiorari, or a declaration or injunction, in respect of that decision.