Allam v Independent Liquor and Gaming Authority [2020] NSWCATAD 325

Allam v Independent Liquor and Gaming Authority [2020] NSWCATAD 325

The machines bought and sold by Mr Allam remained approved gaming machines because, before the 2018 amendments, their approved status ceased only in the circumstances provided by the Act or upon destruction, and condemnation for destruction did not itself remove that status. Section 194 applied and Mr Allam did not prove the machines were not approved gaming machines. His belief that condemned machines were no longer approved was a mistake of law, and even if characterised as a mistake of fact it was not reasonable because he made no inquiry. The contraventions were therefore established, but the evidence did not prove on the balance of probabilities, applying the gravity of the...

Jurisdiction
Australia
Judgment Date
23 December 2020
Procedural Posture
Administrative Review Under S 131 C(1) of the Gaming Machines Act 2001 (nsw) / Review by the Tribunal of the Independent Liquor and Gaming Authority's Disciplinary Decision Dated 7 January 2020
Outcome
The Authority's decision was set aside and substituted with a six-month suspension, six-month disqualification from applying for or holding other gaming-related licences, a $4,500 monetary penalty, and $20,000 investigation costs order, with orders to take effect in 35 days.
Legal Topics
['gaming Machine Technician Licence' 'approved Gaming Machines' 'fit and Proper Person' 'contraventions of Gaming Machines Act 2001 (nsw) and Gaming Machines Regulation 2010 (nsw)' 'honest and Reasonable Mistake' 'penalty']
['administrative Law' 'statutory Interpretation' 'gaming Regulation' 'disciplinary Proceedings'] ['gaming Machine Technician Licence' 'approved Gaming Machines' 'fit and Proper Person' 'contraventions of Gaming Machines Act 2001 (nsw) and Gaming Machines Regulation 2010 (nsw)' 'honest and Reasonable Mistake' 'penalty']

Case Brief

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Procedural Posture

Administrative Review Under S 131 C(1) of the Gaming Machines Act 2001 (nsw) / Review by the Tribunal of the Independent Liquor and Gaming Authority's Disciplinary Decision Dated 7 January 2020

Legal Issues

  1. 1 ['Whether the relevant gaming machines were approved gaming machines within the meaning of the Gaming Machines Act 2001 (NSW).' 'Whether gaming machines condemned for destruction had lost their status as approved gaming machines when bought or sold by Mr Allam.' 'Whether Mr Allam had an honest and reasonable belief that the machines were not approved gaming machines at the relevant times.' "Whether Mr Allam was no longer a fit and proper person to hold a gaming machine technician's licence." 'If the complaint was substantiated, whether the penalty imposed by the Authority was excessive.']

Ratio Decidendi

The machines bought and sold by Mr Allam remained approved gaming machines because, before the 2018 amendments, their approved status ceased only in the circumstances provided by the Act or upon destruction, and condemnation for destruction did not itself remove that status. Section 194 applied and Mr Allam did not prove the machines were not approved gaming machines. His belief that condemned machines were no longer approved was a mistake of law, and even if characterised as a mistake of fact it was not reasonable because he made no inquiry. The contraventions were therefore established, but the evidence did not prove on the balance of probabilities, applying the gravity of the...

Court Disposition

The Authority's decision was set aside and substituted with a six-month suspension, six-month disqualification from applying for or holding other gaming-related licences, a $4,500 monetary penalty, and $20,000 investigation costs order, with orders to take effect in 35 days.

Orders

  • ['The decision made by the Independent Liquor and Gaming Authority on 7 January 2020, in relation to Mr Allam is set aside.' "Mr Allam's gaming machine technician's licence is suspended for a period of six months from the date of these orders." 'Mr Allam is also disqualified from applying for or holding any other...