Layden v Independent Liquor and Gaming Authority [2020] NSWCATAD 274

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Layden v Independent Liquor and Gaming Authority [2020] NSWCATAD 274 Hearing dates: 15 April, 27 May, 8 July 2020 Date of orders: 5 November 2020 Decision date: 05 November 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member Decision: 1. The decision of the Independent Liquor and Gaming Authority on 7 January 2020 to uphold complaints and to make disciplinary orders against the applicant is set aside. 2. In substitution, the Tribunal makes the following decision: (1) The applicant contravened s71(2) of the Gaming Machines Act by purchasing five approved gaming machines with the serial numbers XSG306202, XSG306203, XSG306204, XSG306205, XSG306206 from Mr Riad Allam who was not the holder of a dealer's or seller's licence; (2) The applicant contravened s71(2) of the Gaming Machines Act by purchasing an approved gaming machine with the serial number XSG303406 from Mr Riad Allam who was not the holder of a dealer's or seller's licence; (3) The applicant contravened s79(1) of the Gaming Machines Act by consigning eighteen approved gaming machines outside NSW without written notification to the Independent Liquor & Gaming Authority or manufacturer; (4) Pursuant to section 131 (2) (a) (i) of the Gaming Machines Act, the applicant is ordered to pay a monetary penalty to the Secretary, NSW Department of Customer Services in the sum of $8000.00 within 30 days of this decision; (5) Pursuant to section 131(2)(i)(i) of the Gaming Machines Act, the applicant is ordered to pay the Secretary of NSW Department of Customer Services the amount of $26 486.47 in costs within 30 days of this decision. Catchwords: GAMING MACHINES - gaming-related licences – disciplinary complaints – disciplinary action - purchase of gaming machines - consigning of gaming machines overseas – role of the Centralised Monitoring System (CMS) - whether applicant fit and proper to hold a gaming machine seller's licence – honest and reasonable belief - whether penalty appropriate. Legislation Cited: Administrative Decisions Review Act 1997 Gaming Machines Act 2001 Gaming Machines Regulation 2019 Gaming Machine Tax Act 2001 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Clearihan v Registrar of Motor Vehicle Dealers in the ACT (1994) 117 FLR 455 Director of Public Prosecutions v D'Arcy [2009] NSWLC 1 Environment Protection Authority v Wattke, Environment Protection Authority v Geerdink [2010] NSWLEC 24 Ex parte Meagher (1919) 36 WN 175 Hughes & Vale Pty Ltd v New South Wales (No 2) (1955) 93 CLR 127 Ostrowski v Palmer (2004) 218 CLR 493 Pinner v Everett [1969] 3 All ERD 257 R v Einfeld [2009] NSWSC 119 Sakellis v Police (1968) 88 WN (Pt 1) (NSW) 541 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Tasman Logistics Services Pty Ltd v Seaco Global Australia Pty Ltd [2020] VSC 100 Walden v Hensler (1987) 163 CLR 561 Texts Cited: None cited Category: Principal judgment Parties: Justin Layden (Applicant) Independent Liquor & Gaming Authority (Respondent) Representation: Counsel: J Davidson (Respondent)