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Pub Charity License Suspension Quashed by Court of Appeal


10th December 2013

Pub Charity License Suspension Quashed by Court of Appeal

In December 2012 gaming society Pub Charity successfully challenged in the High Court a one day suspension of its operations imposed by the Department Affairs and Gambling Commission. The High Court quashed the suspension on the grounds that it was unlawful.

The Department of Internal Affairs subsequently appealed that High Court decision to the Court of Appeal who released its findings this morning that the High Court had made an error in law. The Court of Appeal however refused to overturn the High Court quashing of Pub Charity’s suspension.

In reviewing the decision to suspend the Court of Appeal found that the Department of Internal Affairs and Gambling Commission had failed to follow due process and in particular failed to take into account Pub Charity’s past ‘unblemished’ record of compliance.

Martin Cheer CEO Pub Charity says, “The Department has always had the power to suspend a society in certain circumstances but as we have argued this power was not available to be used in a frivolous manner. The suspension of a society like Pub Charity results in a loss of funds to central government and ultimately the community.

In refusing to overturn the High Court’s quashing of the suspension the Court of Appeal clearly supported Pub Charity in its contention that the Secretary of Internal Affairs and the Gambling Commission had failed to apply the due process and appropriate consideration required in the circumstances and we welcome this outcome.”

Pub Charity is the oldest gaming trust in the country generating $30M of donations in 2012/2013 from operating 1,900 gaming machines in 160 venues across the country.


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