Gaming Machine Act 1991

An Act to provide for the regulation and control of gaming machines and for connected purposes

1Short title

This Act may be cited as the Gaming Machine Act 1991.

1AObject

(1)The object of this Act is to ensure that, on balance, the State and the community as a whole benefit from gaming machine gambling.

(2)The balance is achieved by allowing gaming machine gambling subject to a system of regulation and control designed to protect players and the community through—

(a)ensuring the integrity and fairness of games; and

(b)ensuring the probity of those involved in the conduct of gaming machine gambling; and

(c)minimising the potential for harm from gaming machine gambling.

s 1A ins 2000 No. 51s 21

2Definitions

The dictionary in the schedule defines particular words used in this Act.

s 2 prev s 2 amd 1992 No. 35 s 4(3), sch; 1997 No. 24 s 4(1); 1997 No. 81 s 3 sch

Note—prev s 2 contained definitions for this Act. Definitions are now located in schedule 2 (Dictionary). Annotations for definitions contained in prev s 2 are located in annotations for sch 2.

pres s 2 sub 2002 No. 43 s 29(1)

3Meaning of conduct of gaming

A reference in this Act to conduct of gaming is a reference to—

(a)the management, use, supervision, operation and conduct of gaming equipment; and

(b)the sale, redemption or use of gaming tokens; and

(c)the carrying out of centralised credit system transactions; and

(d)the installation, alteration, adjustment, maintenance or repair of gaming equipment; and

(e)the use or distribution of proceeds from the conduct of gaming; and

(f)accounting, banking, storage and other acts in connection with or related or incidental to gaming and the conduct of gaming.

s 3 (prev s 3(2)) renum 1993 No. 63 s 2 sch

amd 2013 No. 25 s 43

4Approval of terminating date for financial year

The commissioner may approve some date other than 30 June as the termination date of a financial year which may be for a period longer or shorter than 1 year, but not longer than 18 months, ending on the date so approved.

s 4 (prev s 3(3)) renum 1993 No. 63 s 2 sch

amd 1997 No. 24 s 61 sch; 2012 No. 25 s 109(1)

5Meaning of associate

For the purposes of this Act—

(a)the following persons are associates of a person—

(i)the person’s spouse;

(ii)a parent or remoter lineal ancestor, son, daughter or remoter issue, brother or sister of the person;

(iii)any partner of the person;

(iv)any body corporate of which the person is an executive officer;

(v)where the person is a body corporate—an executive officer of the body corporate;

(vi)a person who, in the previous year, has provided to the first person advice for fee or reward in relation to—

(A)gaming; or

(B)the conduct of gaming; or

(C)the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment;

(vii)any employee or employer of the person;

(viii)any officer or employee of any body corporate of which the person is an officer or employee;

(ix)any employee of an individual of whom the person is an employee;

(x)any body corporate whose executive officers are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the person, or where the person is a body corporate, of the executive officers of that body corporate;

(xi)any body corporate in accordance with the directions, instructions or wishes of which, or of the executive officers of which, the person is accustomed or under an obligation, whether formal or informal, to act;

(xii)any body corporate in which the person has a substantial holding;

(xiii)if the person is a body corporate—a person who has a substantial holding in the body corporate;

(xiv)any person who is named in an affidavit forwarded or lodged by the person under section 92, 115, 118, 130, 154 or 210;

(xv)any person who is because of paragraph (a), an associate of any other person who is an associate of the person (including a person who is an associate of the person by another application or other applications of paragraph (a)); and

(b)a person is taken to have a substantial holding in a body corporate if the person, alone or together with any associate or associates of the person, is in a position to control not less than 5% of the voting power in the body corporate or holds interests in not less than 5% of the issued shares in the body corporate.

s 5 (prev s 3(4)) renum 1993 No. 63 s 2 sch

amd 1997 No. 24 s 5; 1999 No. 8 s 5; 2002 No. 43 s 30; 2007 No. 36 s 2 sch; 2008 No. 2 s 25

6Meaning of control action under the Corporations Act

For this Act, a person is affected by control action under the Corporations Act if—

(a)the person has executed a deed of company arrangement under that Act; or

(b)the person is the subject of a winding-up (whether voluntarily or under a court order) under that Act; or

(c)the person is the subject of an appointment of an administrator or liquidator under that Act; or

(d)there is, under that Act, a controller for property of the person.

s 6 ins 1999 No. 8 s 6

amd 2001 No. 45 s 29 sch 3; 2007 No. 36 s 2 sch

7Meaning of due date for payment

(1)This section applies if—

(a)a contract is entered into between a licensed supplier and a licensee under which an amount (other than a basic monitoring fee) is payable by the licensee to the licensed supplier; and

(b)the contract does not state a due date for payment of the amount.

(2)This section also applies if—

(a)a contract is entered into between a licensed monitoring operator and a licensee under which a basic monitoring fee is payable by the licensee to the operator; and

(b)the contract does not state a due date for payment of the fee.

(3)In this Act, a reference to the due date for payment of the amount or fee is a reference to the date that is 1 month after the incurring of liability for payment of the amount or fee.

s 7 ins 1999 No. 77 s 5

amd 2007 No. 36 s 2 sch

9Meaning of jackpot payout

For this Act, a jackpot payout is a payment by a licensee or licensed monitoring operator to a player for a winning result or promotions on a gaming machine if—

(a)the payment does not increase the credit meter of the gaming machine; and

(b)the payment is not discharged from the hopper; and

(c)for promotions, the gaming machine is operated under an approval under section 287 for a linked jackpot arrangement.

s 9 ins 1998 No. 11 s 5

sub 2000 No. 51 s 22A

10Meaning of metered payouts

(1)For this Act, metered payouts, for a licensed premises for an assessment period, means the metered amount won by players for winning results or promotions on gaming machines on the premises in the assessment period.

(2)In this section, the metered amount won does not include an amount payable under this Act from an approved trust account.

s 10 ins 1998 No. 11 s 5

amd 2000 No. 51 s 22B

11Meaning of percentage return to player

For this Act, the percentage return to player, for a game, is the percentage calculated using the formula—

where—

B is the amount that will be bet if bets are made on every result in the game.

W is the amount that can be won, other than promotions, if all winning results in the game are obtained.

s 11 ins 1998 No. 11 s 5

12Meaning of play a gaming machine

For the purposes of this Act, a person is taken to play a gaming machine if the person, directly or indirectly—

(a)inserts a gaming token into; or

(b)causes gaming machine credits to be registered by; or

(c)makes a bet on; or

(d)causes the activation of any process relating to the game of; or

(e)makes or participates in the making of the decisions involved in playing;

the gaming machine.

s 12 (prev s 3(5)) renum 1993 No. 63 s 2 sch

amd 2007 No. 36 s 2 sch

13Act binds the Crown

This Act binds the Crown.

13ADeclaration for Commonwealth Act

The following are declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth)—

(a)an entitlement;

(b)an operating authority.

s 13A ins 2010 No. 44 s 106

14Acceptable evidence of age

For the purposes of this Act, acceptable evidence of the age of a person is a document mentioned in the Liquor Act 1992, section 6.

s 14 ins 1992 No. 35 s 5

pt 2 div 1 hdg ins 2012 No. 25 s 38

15Establishment of commissioner

(1)There is to be a Commissioner for Liquor and Gaming (the commissioner).

(2)The chief executive must appoint a senior executive of the department to be the commissioner.

(3)A person may hold appointment as the commissioner and hold an office as a senior executive of the department under the Public Service Act 2008.

s 15 amd 1998 No. 14 s 266(4); 2010 No. 51 s 14

sub 2012 No. 25 s 38

16Functions of commissioner

The commissioner has the functions given to the commissioner—

(a)under this or another Act; and

(b)by the Minister.

s 16 amd 1998 No. 14 s 266(5)

sub 2012 No. 25 s 38

17Powers of commissioner

(1)The commissioner has the powers given to the commissioner under this or another Act.

(2)The commissioner may do all things necessary or convenient to be done in performing the commissioner’s functions or exercising the commissioner’s powers.

(3)The commissioner may on the commissioner’s own initiative, and must if asked by the Minister, provide the Minister with advice on—

(a)the operation of this Act or any other gaming Act that assigns functions to the commissioner; or

(b)issues related to gambling (including the identification of issues requiring further research) under this Act or another Act that assigns functions to the commissioner.

s 17 amd 1998 No. 14 s 266(6); 1999 No. 8 s 7; 2000 No. 51 s 23

sub 2012 No. 25 s 38

18Commissioner may make guidelines

(1)The commissioner may make guidelines.

(2)Without limiting subsection (1), a guideline may give guidance about—

(a)the attitude the commissioner is likely to adopt on a particular matter; or

(b)how the commissioner administers this Act.

Examples for subsection (2)—

1The commissioner might make a guideline stating how the commissioner decides applications for a decrease under section 86 for category 1 licensed premises.

2The commissioner might make a guideline about dealing with operating authorities under this Act.

(3)A guideline may be replaced or varied by a later guideline made under this section.

(4)The commissioner must keep copies of a guideline made under this section available for inspection by persons and permit a person to obtain a copy of a guideline, or an extract from a guideline, free of charge.

(5)For subsection (4)—

(a)copies of the guideline—

(i)must be kept at the head office and any regional office of the department; and

(ii)may be kept at any other place the commissioner considers appropriate; and

(b)the copies kept under paragraph (a) must be available for inspection during office hours on business days for the office or place.

s 18 amd 1998 No. 14 s 266(7); 2000 No. 51 s 23A; 2002 No. 66 s 6

sub 2012 No. 25 s 38

19Commissioner may make standards

(1)The commissioner may make standards about matters of a technical nature that—

(a)relate to a licensee’s gaming operations; and

(b)help the licensee conduct the gaming operations in compliance with this Act.

(2)A standard is a statutory instrument within the meaning of the Statutory Instruments Act 1992.

s 19 sub 2012 No. 25 s 38

20Notice and availability of standard

(1)The commissioner must, as soon as practicable after making a standard under section 19(1), give each licensee written notice of the making of the standard.

(2)The notice must include the standard or a brief description of the standard.

(3)If a standard concerns all licensees or a class of licensees, the notice may be included as a part of another publication of the commissioner given to the licensees or members of the class of licensees.

(4)The notice may be given in electronic form.

(5)The commissioner must keep a copy of each standard, as in force from time to time, available for inspection free of charge by members of the public at—

(a)the department’s head office; and

(b)other places the commissioner considers appropriate.

(6)Also, the commissioner must publish each standard, as in force from time to time, on the department’s website.

Editor’s note—

The department’s website is at <www.justice.qld.gov.au>.

s 20 sub 2012 No. 25 s 38

pt 2 div 2 hdg ins 2012 No. 25 s 38

29Who may apply for a review by tribunal

(1)A person who is or was an applicant for, or a holder of, a licence under this Act and is aggrieved by a decision or determination of the commissioner stated in schedule 1, part 1 may apply, as provided under the QCAT Act, to the tribunal for a review of the decision or determination.

(2)A person may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of a licensee stated in schedule 1, part 2.

(3)A person who may be adversely affected by an approval under section 54(7) and to whom a notice has been given under section 54(8) may apply, as provided under the QCAT Act, to the tribunal for a review of the decision or determination.

(4)A person who seeks the commissioner’s approval for section 231 or 287 may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the commissioner refusing to give the approval.

(5)A person who submits a gaming machine type or game to the commissioner under section 281 for evaluation may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the commissioner rejecting the gaming machine type or game.

(6)The owner of an article, record or other thing seized by an inspector may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of an inspector under section 331 resulting in the thing being forfeited.

s 29 amd 1994 No. 87 s 3 sch 1; 1995 No. 58 s 4 sch 1; 1997 No. 24 ss 6, 61 sch; 1999 No. 8 s 8; 1999 No. 77 s 6; 2000 No. 51 s 24; 2002 No. 43 s 32; 2003 No. 41 s 4; 2004 No. 21 s 123 sch; 2007 No. 42 s 31

sub 2009 No. 24 s 559

amd 2009 No. 41 s 50

sub 2012 No. 25 s 39

amd 2013 No. 25 s 44

30Effect of reconsidering a decision after application to QCAT

(1)This section applies if the commissioner or an inspector amends, or sets aside and substitutes another decision for, an original decision (the reconsidered decision) as a consequence of—

(a)reconsidering an original decision at the invitation of QCAT under the QCAT Act, section 23(1); or

(b)reconsidering an original decision in accordance with any direction of QCAT in relation to reconsidering the original decision.

(2)Section 29 does not apply to the reconsidered decision.

(3)A proceeding for a review of the original decision by the tribunal ends.

(4)In this section—

original decision means a decision or determination mentioned in section 29.

s 30 prev s 30 om 1999 No. 77 s 16

pres s 30 amd 1992 No. 35 sch; 1997 No. 24 ss 7, 61 sch; 2000 No. 51 s 25; 2002 No. 43 ss 34, 112 sch 2

sub 2009 No. 24 s 559

amd 2012 No. 25 s 40

31Tribunal to decide review on evidence before the commissioner

(1)In a proceeding for a review by the tribunal of a decision of the commissioner, the tribunal must—

(a)hear and decide the review of the decision by way of a reconsideration of the evidence before the commissioner when the decision was made; and

(b)decide the review of the decision in accordance with the same law that applied to the making of the original decision.

(2)If the tribunal decides, under the QCAT Act, section 139, that a proceeding for a review of a decision should be reopened, the issues in the proceeding that are reheard, must be—

(a)heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and

(b)decided in accordance with the same law that applied to the making of the original decision.

(3)In this section—

original decision means the decision of the commissioner to which the proceeding for the review relates.

s 31 ins 1997 No. 24 s 8

amd 1999 No. 77 s 3 sch 1; 2000 No. 51 s 20 sch; 2004 No. 21 s 32

sub 2009 No. 24 s 559

amd 2012 No. 25 s 41

32Tribunal may give leave for review to be decided on new evidence in particular circumstances

(1)Despite section 31, the tribunal may grant a party to a proceeding for a review of a decision of the commissioner (the decision) leave to present new evidence if the tribunal is satisfied—

(a)the party did not know and could not reasonably be expected to have known of the existence of the new evidence before the decision; and

(b)in the circumstances, it would be unfair not to allow the party to present the new evidence.

(2)If the tribunal gives leave under subsection (1), the tribunal must—

(a)adjourn the proceedings for a stated reasonable time to allow the commissioner to reconsider the decision together with the new evidence and to allow for further submissions by affected persons; or

(b)if the tribunal considers it appropriate for the applicant to make a new application, require the applicant to make a new application to the commissioner.

(3)In this section—

new evidence means evidence that was not before the commissioner when the decision was made.

s 32 prev s 32 om 1997 No. 24 s 61 sch

pres s 32 ins 1999 No. 77 s 7

amd 2002 No. 43 s 36; 2003 No. 41 s 5; 2004 No. 21 s 33

sub 2009 No. 24 s 559

amd 2012 No. 25 ss 42, 109(1)

33Appeals from tribunal only to Court of Appeal on question of law

(1)This section applies to a decision of the tribunal (the tribunal decision) in a proceeding for a review of a decision or determination mentioned in section 29.

(2)The QCAT Act, chapter 2, part 8, division 1 does not apply to the tribunal decision.

(3)A party to the proceeding may appeal to the Court of Appeal against the tribunal decision but only if the appeal is on a question of law.

(4)To remove any doubt, it is declared that the QCAT Act, section 149 does not apply to the tribunal decision.

Note—

See the QCAT Act, sections 151 to 153, 155 and 156 for other requirements and effects of an appeal to the Court of Appeal.

s 33 prev s 33 sub 1992 No. 35 sch

om 1997 No. 24 s 61 sch

pres s 33 ins 1997 No. 24 s 8

amd 1999 No. 77 s 8; 2002 No. 66 s 8; 2004 No. 21 s 34

sub 2009 No. 24 s 559

pt 2 div 3 hdg ins 2012 No. 25 s 43

49Departmental gaming officers to be of good repute

(1)Departmental gaming officers are to be of good repute, having regard to character, honesty and integrity.

(2)Before a person is appointed to be a departmental gaming officer, the commissioner may investigate the person for the purpose of finding out whether the person is of good repute.

(3)At any time the commissioner may cause to be undertaken such investigations as the commissioner considers are necessary in order to be satisfied that a departmental gaming officer, having regard to the matters specified in subsection (1), is suitable to be a departmental gaming officer.

(4)The commissioner may, either verbally or by written notice, require any officer, to whom investigations under subsection (3) relate, to submit such information or material as the commissioner considers is necessary.

(5)The officer must comply with the commissioner’s requirement.

Maximum penalty for subsection (5)—200 penalty units or 1 year’s imprisonment.

s 49 amd 1999 No. 77 s 15; 2012 No. 25 s 109(1)

50Delegations

(1)The Minister may delegate the Minister’s designated powers to—

(a)the commissioner; or

(b)an appropriately qualified inspector or an appropriately qualified public service employee.

(2)The Minister may delegate to the commissioner the Minister’s power under section 315(3) to cause amounts to be paid out of the gambling community benefit fund for the benefit of the community.

(3)The commissioner may delegate the commissioner’s designated powers to—

(a)an appropriately qualified public service employee; or

(b)an appropriately qualified inspector.

(4)A delegation of a power under subsection (3) may permit the subdelegation of the power to an appropriately qualified public service employee.

(5)In this section—

appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.

Example of standing—

a person’s classification level in the public service

designated powers—

(a)of the Minister, means—

(i)the powers of the Minister under sections 135 and 211; or

(ii)the power of the Minister to give a direction for section 151(3)(b); and

(b)of the commissioner, means the powers of the commissioner under this Act, other than sections 97(12) and (13), 98 and 147.

s 50 ins 1999 No. 8 s 9

amd 1999 No. 77 s 17; 2002 No. 43 s 37

sub 2005 No. 12 s 35

amd 2008 No. 2 s 27

sub 2012 No. 25 s 44

amd 2013 No. 25 s 45; 2013 No. 62 s 6

53Criminal history reports

(1)This section applies in relation to an investigation of a person for sections 49(2) and (3), 57(2)(a), 93(1), 136, 200(2)(a) and 212.

(2)If the commissioner asks the police commissioner for a written report on the person’s criminal history, the police commissioner must give the report to the commissioner.

(3)The report must contain—

(a)relevant information in the police commissioner’s possession; and

(b)relevant information the police commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and

(c)other relevant information to which the police commissioner has access.

s 53 amd 1992 No. 35 sch; 1993 No. 63 s 5; 1995 No. 58 s 4 sch 1; 1997 No. 24 s 61 sch

sub 1999 No. 8 s 10

amd 1999 No. 77 s 18; 2000 No. 5 s 373 sch 2; 2000 No. 51 s 20 sch; 2004 No. 21 s 36; 2005 No. 12 s 36; 2007 No. 36 s 2 sch; 2012 No. 25 s 45; 2013 No. 25 s 46

53APolice commissioner to notify changes in criminal history

(1)This section applies if—

(a)the commissioner gives the police commissioner the name of a relevant person for this section; and

(b)the police commissioner reasonably suspects a person who is charged with an offence is the relevant person.

(2)The police commissioner must notify the commissioner about the change in the person’s criminal history.

(3)The notice must state the following—

(a)the person’s name and address;

(b)the person’s date of birth;

(c)the offence the person is charged with;

(d)particulars of the offence;

(e)the date of the charge.

(4)The commissioner may confirm the suspicions of the police commissioner under subsection (1).

(5)In this section—

relevant person means—

(a)a departmental gaming officer; or

(b)a licensed person; or

(c)a licensee who is an individual; or

(d)an associate, of a licensee, who is an individual; or

(e)the secretary or executive officer of a licensed supplier; or

(f)an individual identified by the Minister as being a business or executive associate of a licensed supplier.

s 53A amd 2012 No. 25 ss 46, 109(1)

54Confidentiality of information

(1)A person who is, or was, the commissioner must not disclose confidential information gained by the person in performing a function or exercising a power under this Act or another Act.

Maximum penalty—200 penalty units or 2 years imprisonment.

(2)However, the person may disclose confidential information if—

(a)the disclosure is for a purpose under this Act or another Act; or

(b)the disclosure is otherwise required or permitted by law.

(3)A person who is, or was, a departmental officer or an inspector must not disclose confidential information gained by the person in performing functions under this Act.

Maximum penalty—200 penalty units or 2 years imprisonment.

(4)A person who is, or was, a licensed monitoring operator must not disclose information about a licensee’s operations gained by the person in carrying out the person’s operations as a licensed monitoring operator.

Maximum penalty—200 penalty units or 2 years imprisonment.

(5)A person who is, or was, employed by a licensed monitoring operator in any capacity must not disclose information about a licensee’s operations gained by the person in carrying out the person’s functions in that capacity.

Maximum penalty—200 penalty units or 2 years imprisonment.

(6)However, a person mentioned in subsection (3), (4) or (5) may disclose confidential or other information if—

(a)the disclosure is for a purpose under this Act or a gaming Act; or

(b)the disclosure is otherwise required or permitted by law; or

(c)the commissioner approves the disclosure under this section.

(7)The commissioner may approve a disclosure of confidential or other information by a person mentioned in subsection (3), (4) or (5) to—

(a)an entity prescribed under a regulation; or

(b)an officer, employee or member of the entity; or

(c)a stated department, person or other entity.

(8)Before giving an approval for subsection (7)(c), the commissioner must—

(a)give written notice of the proposed approval to each person whom the commissioner considers is likely to be affected adversely by the disclosure; and

(b)give the person the opportunity to make a submission about the proposed approval within the period, of at least 14 days, stated in the notice.

(9)If, under an approval given by the commissioner, a person mentioned in subsection (3), (4) or (5) discloses confidential or other information to an entity or person, the entity or person, and any employee or other person under the control of the entity or person, are taken to be persons to whom the subsection applies and to have gained the confidential or other information in the way mentioned in the subsection.

(10)In this section—

confidential information means information, other than information that is publicly available, about—

(a)a person’s personal affairs, business affairs or reputation, character, criminal history, current financial position or financial background; or

(b)a person making an application under this Act.

s 54 prev s 54 amd 1993 No. 63 s 2 sch

om 1997 No. 24 s 11

pres s 54 amd 1992 No. 35 sch; 1994 No. 87 s 3 sch 1; 1995 No. 58 s 4 sch 1; 1996 No. 47 s 244 sch 3; 1997 No. 24 ss 9, 61 sch; 1998 No. 14 s 266(10)–(11); 1999 No. 77 s 19; 2000 No. 51 s 20 sch; 2001 No. 50 s 5; 2002 No. 43 s 39

sub 2004 No. 21 s 37

amd 2005 No. 12 s 88 sch; 2012 No. 25 ss 47, 109(1)

pt 3 div 1 hdg ins 2000 No. 51 s 26

55Gaming lawful and does not constitute nuisance

(1)Despite any other Act or law—

(a)the commissioner may, having regard to the information or material the commissioner considers relevant, grant or refuse to grant gaming machine licences; and

(b)gaming and the conduct of gaming on licensed premises under this Act is lawful.

(2)Without limiting subsection (1)(a), the information or material the commissioner may have regard to includes—

(a)information or material about social and community issues; and

(b)relevant guidelines made by the commissioner under section 18.

(3)Gaming and the conduct of gaming on licensed premises under this Act and any other Act, does not in itself constitute a public or private nuisance.

s 55 amd 1992 No. 35 sch; 1997 No. 24 s 61 sch; 1999 No. 8 s 11; 1999 No. 77 s 21; 2000 No. 51 s 26A; 2012 No. 25 s 49

pt 3 div 2 hdg ins 2000 No. 51 s 27

55AApplications of significant community impact

(1)The following applications are applications of significant community impact—

(a)an application for a gaming machine licence including an application to grant a gaming machine licence in place of a licence to be surrendered under section 95;

(b)an application for additional licensed premises;

(c)an application to have the approved number of gaming machines for licensed premises increased by a significant number (to be fixed under a regulation);

(d)another application that the commissioner designates, by written notice to the applicant, as an application of significant community impact.

(2)The commissioner must—

(a)make available for inspection, at the department’s head office, a list of all applications currently before the commissioner that are of significant community impact; and

(b)publish notice of each of the applications on the department’s website.

(3)The list must include—

(a)the nature of each application; and

(b)the location of premises to which each application relates.

s 55A ins 2000 No. 51 s 27

amd 2007 No. 42 s 32; 2012 No. 25 s 109(1); 2013 No. 25 s 47

55BCommunity impact statement and statement of responsible gambling initiatives required for application of significant community impact

(1)An application of significant community impact must be accompanied by—

(a)a community impact statement; and

(b)a statement of responsible gambling initiatives for the licensed premises or proposed licensed premises.

(2)The purpose of a community impact statement is to help the commissioner assess the social and economic implications of the grant of the application.

(3)The purpose of the statement of responsible gambling initiatives is to help the commissioner assess the adequacy of the applicant’s approach to encouraging responsible gambling.

(4)In preparing a community impact statement or a statement of responsible gambling initiatives, the applicant must have regard to relevant guidelines made by the commissioner under section 18.

(5)A community impact statement and a statement of responsible gambling initiatives are to be regarded as part of the supporting material for an application.

s 55B ins 2000 No. 51 s 27

amd 2012 No. 25 ss 50, 110

55CAdvertisement of application of significant community impact

(1)An application of significant community impact must be advertised as required under this section.

(2)The applicant must—

(a)display a copy of the notice on the premises to which the application relates on a sign the dimensions of which (including dimensions of the print) are approved by the commissioner, generally or in a particular case; and

(b)ensure the copy is displayed conspicuously for 28 days immediately before the last day for the filing of community comments on the application.

(3)If the applicant is also making an application under the Liquor Act 1992, the commissioner may approve a composite notice to be published and displayed under subsection (2) and the corresponding provision of the Liquor Act 1992.

(4)The applicant must give to the commissioner evidence of satisfying the publication and display requirements under this section.

s 55C ins 2000 No. 51 s 27

amd 2012 No. 25 ss 51, 109(1); 2013 No. 25 s 48

55DCommunity comments

(1)If an application is advertised as required by section 55C, any member of the public may comment on the application, by writing filed with the commissioner on or before the last day for filing comments as specified in the relevant notice under section 55C(2).

Examples of subsection (1)—

1A member of the public might comment on how he or she expects the grant of the application would contribute to, or detract from, a sense of community in the relevant locality.

2A member of the public might comment on the effect the grant of the application might have for persons in, or travelling to or from, an existing or proposed place of public worship, QEC service premises, education and care service premises or school.

3A member of the public might comment on the effect the grant of the application would have on the amenity or character of the locality to which it relates.

(2)The commissioner may disregard comments on subjects that lie beyond a scope indicated in the commissioner’s guidelines mentioned in section 55B(4).

Examples of subsection (2)—

1The commissioner’s guidelines might exclude comments based on the morality of gambling or the commentator’s personal views about gambling.

2The commissioner’s guidelines might exclude comments of a kind that might be more appropriately considered and dealt with under the Liquor Act 1992.

3The commissioner’s guidelines might exclude commentary of a statistical nature about the adverse effects of gambling in locations unrelated to the location to which the application relates.

(3)Comments may be made individually or collectively by a group of members of the public.

(4)In this section—

member of the public means an adult individual, corporation or other organisation, that in the commissioner’s opinion—

(a)has a proper interest in the locality concerned; and

(b)is likely to be affected by the grant of the application.

s 55D ins 2000 No. 51 s 27

amd 2011 No. 38 s 79; 2012 No. 25 ss 52, 109(1), 110; 2013 No. 62 s 7; 2013 No. 44 s 269 sch 1 pt 2

55EProcedure on receipt of community comments

(1)The commissioner must give to the applicant written notice of all community comments properly made on an application advertised under section 55C.

(2)The notice—

(a)must include a copy of the comments; and

(b)must be given to the applicant within 14 days after the last day for filing comments as specified in the relevant notice under section 55C(2).

s 55E ins 2000 No. 51 s 27; 2012 No. 25 s 109(1)

55FCommissioner’s power to invite representations

The commissioner may invite representations on an application of significant community impact from—

(a)the local government for the area in which the premises for which the licence is sought are situated; and

(b)from any other entity that has, in the commissioner’s opinion, a proper interest in the matter.

Example of paragraph (b)—

The commissioner might invite representations on the application from the local member of the Legislative Assembly.

s 55F ins 2000 No. 51 s 27

amd 2012 No. 25 s 109

55GWaiver or variation of requirement of this division

The commissioner may waive or vary a requirement under this division if the commissioner is satisfied compliance with the requirement is not necessary or the requirement may be relaxed—

(a)because the application does not involve a significant change to the licensed premises or the nature or extent of the gaming carried on from the licensed premises; or

(b)because of the remote location of the premises; or

(c)because the purpose of the requirement has been, or can be, achieved by other means; or

(d)because of other special circumstances.

s 55G ins 2000 No. 51 s 27

amd 2012 No. 25 s 109(1)

pt 3 div 3 hdg ins 2000 No. 51 s 27

55HLimit on category 2 gaming machine licences for clubs

(1)A club can not hold more than 1 gaming machine licence for category 2 licensed premises (a category 2 gaming machine licence).

(2)If an application for more than 1 category 2 gaming machine licence is made by a club, the commissioner must refuse to grant the application.

(3)If an application for a category 2 gaming machine licence is made by a club that already holds a category 2 gaming machine licence, the commissioner must refuse to grant the application.

(4)Subsection (3) does not apply to an application for a category 2 gaming machine licence mentioned in section 56B(1) or (2).

s 55H ins 2008 No. 2 s 28

amd 2009 No. 41 s 21; 2012 No. 25 s 110

56Application for gaming machine licences

(1)An application for a gaming machine licence may be made only by—

(a)a body corporate that holds a community club licence; or

(b)the holder of a commercial hotel licence; or

(c)the holder of a prescribed liquor licence; or

(d)a body corporate that—

(i)has applied to become the holder of a commercial hotel licence or a community club licence; or

(ii)is the proposed transferee in a liquor licence transfer application relating to a community club licence; or

(e)an individual who has applied to become the holder of a commercial hotel licence; or

(f)the proposed transferee in a liquor licence transfer application relating to a commercial hotel licence or prescribed liquor licence; or

(g)a subsidiary operator, other than a subsidiary operator that is a non-proprietary club.

(2)Application for a gaming machine licence may be made only in relation to—

(a)if the application is made by an applicant mentioned in subsection (1)(a), (b) or (c)—premises specified in the applicant’s liquor licence; or

(b)if the application is made by an applicant mentioned in subsection (1)(d) or (e)—premises specified in the applicant’s application for a liquor licence or the liquor licence transfer application naming the applicant as the proposed transferee; or

(c)if the application is made by an applicant mentioned in subsection (1)(f)—category 1 licensed premises specified in the liquor licence transfer application naming the applicant as the proposed transferee; or

(d)if the application is made by an applicant mentioned in subsection (1)(g)—the part of commercial special facility premises for which the applicant is a subsidiary operator.

(3)An application for a gaming machine licence made by a body corporate that holds, or has applied to become the holder of, a community club licence may relate to 2 or more premises.

(4)Except as provided under subsection (3), an application for a gaming machine licence may only relate to single premises.

(5)An application for the grant of a gaming machine licence—

(a)must be made in the approved form; and

(b)for an application by an individual—must be signed by the applicant; and

(c)for an application by a body corporate—must be signed in the appropriate way; and

(d)must contain or be accompanied by the information, records, reports, documents and writings relating to the application and applicant as are determined by the commissioner; and

(e)must be forwarded to or lodged with the commissioner; and

(f)must be accompanied by the fee prescribed.

(6)In subsection (2)(d), a reference to the part of commercial special facility premises for which an applicant for a gaming machine licence mentioned in subsection (1)(g) is a subsidiary operator is a reference to—

(a)the part of commercial special facility premises the holder of the commercial special facility licence for the premises has, with the approval of the commissioner under the Liquor Act 1992, let or sublet to the applicant; or

(b)the part of commercial special facility premises in relation to which the holder of the commercial special facility licence for the premises has, with the approval of the commissioner under the Liquor Act 1992, entered into a franchise or management agreement with the applicant.

(7)For subsection (5)(c), an application for a gaming machine licence made by a body corporate is signed in the appropriate way—

(a)if it is signed—

(i)by at least 2 of its executive officers authorised to sign by the body corporate; or

(ii)if there is only 1 executive officer of the body corporate—by the officer; or

(b)if the commissioner considers, for a body corporate having at least 2 executive officers, that paragraph (a) can not reasonably be complied with—if it is signed in the way the commissioner considers appropriate.

s 56 amd 1992 No. 35 s 6; 1993 No. 63 s 2 sch; 1995 No. 58 s 4 sch 1; 1997 No. 24 s 61 sch; 1998 No. 11 s 6; 1999 No. 8 s 12; 1999 No. 77 s 22; 2000 No. 51 s 28; 2001 No. 50 s 6; 2003 No 41 s 7; 2005 No. 12 s 38; 2008 No. 2 s 29; 2008 No. 48 s 59(1) sch; 2012 No. 25 ss 53, 109(1); 2013 No. 25 s 49; 2013 No. 62 s 8

56AApplication for gaming machine licence for replacement category 1 licensed premises

(1)Subsection (2) applies if—

(a)an applicant, under section 56, for a gaming machine licence (a new licence) is the holder of a gaming machine licence for category 1 licensed premises (an old licence); and

(b)because of exceptional circumstances—

(i)the applicant intends to give the commissioner notification under section 95 to surrender the old licence; and

(ii)the application is for a new licence, in place of the old licence, for category 1 licensed premises (new premises); and

(iii)the applicant wishes to have some or all of the applicant’s operating authorities for the premises to which the old licence relates (the old premises) transferred to the new premises.

(2)The application—

(a)must be accompanied by notification under section 95 to surrender the old licence; and

(b)must relate only to new premises situated—

(i)in the same authority region as the old premises; and

(ii)within the relevant local community area for the old premises; and

(c)must not relate to more than the number of gaming machines fixed for the old licence; and

(d)must not relate to hours of gaming that extend outside the hours fixed for the old licence; and

(e)must state the number of operating authorities the applicant wishes to have transferred to the new premises; and

(f)must include information about the applicant’s exceptional circumstances.

Examples of exceptional circumstances—

1The applicant may have received, under the Acquisition of Land Act 1967, a notice of intention to resume relating to the land on which the old premises are situated or the land may be being acquired under another Act.

2The old premises are situated in a shopping centre that is to be redeveloped.

s 56A ins 2007 No. 42 s 33

amd 2009 No. 41 s 22; 2012 No. 25 ss 54, 109(1); 2014 No. 30 s 20

56BApplication for gaming machine licence for replacement category 2 licensed premises

(1)Subsection (3) applies if—

(a)an applicant, under section 56, for a gaming machine licence (a new licence) relating to 1 category 2 licensed premises is the holder of a gaming machine licence (an old licence) relating to 1 category 2 licensed premises; and

(b)because of exceptional circumstances—

(i)the applicant intends to give the commissioner notification under section 95 to surrender the old licence; and

(ii)the application is for a new licence, in place of the old licence, for 1 category 2 licensed premises (the new premises); and

(iii)the applicant wishes to have all of the entitlements for premises to which the old licence relates (the old premises) transferred to the new premises.

(2)Subsection (3) also applies if—

(a)an applicant, under section 56, for a gaming machine licence (a new licence) relating to 2 or more category 2 licensed premises is the holder of a gaming machine licence (an old licence) relating to 2 or more category 2 licensed premises; and

(b)because of exceptional circumstances—

(i)the applicant intends to give the commissioner notification under section 95 to surrender the old licence; and

(ii)the application is for a new licence in place of the old licence; and

(iii)for the new licence, the applicant wishes to replace one of the premises (the old premises) from the 2 or more premises to which the old licence relates with other premises (the new premises); and

(iv)the applicant wishes to have all of the entitlements for the old premises transferred to the new premises.

(3)The application—

(a)must be accompanied by notification under section 95 to surrender the old licence; and

(b)must relate only to premises situated within the relevant local community area for the old premises; and

(c)must not relate to more than the number of gaming machines fixed for the old premises; and

(d)must not relate to hours of gaming that extend outside the hours fixed for the old licence; and

(e)must state the applicant wishes to have all of the entitlements for the old premises transferred to the new premises; and

(f)must include information about the applicant’s exceptional circumstances.

Examples of exceptional circumstances—

1The applicant may have received, under the Acquisition of Land Act 1967, a notice of intention to resume relating to the land on which the old premises are situated or the land may be being acquired under another Act.

2The old premises are situated in a shopping centre that is to be redeveloped.

s 56B ins 2009 No. 41 s 23

amd 2012 No. 25 ss 55, 109(1); 2014 No. 30 s 21

57Consideration of application for gaming machine licence

(1)The commissioner must consider an application for a gaming machine licence received by the commissioner before granting, or refusing to grant, a gaming machine licence.

(2)In considering the application, the commissioner—

(a)must conduct investigations the commissioner considers are necessary and reasonable to help the commissioner consider the application; and

(b)may, by written notice given to the applicant or an associate of the applicant, require the applicant or associate, within a reasonable time stated in the notice, to give the commissioner further information or a document that is necessary and reasonable to help the commissioner consider the application.

(3)Also, in considering the application, the commissioner must assess—

(a)the suitability of the premises to which the application relates (the subject premises) for the installation and use of gaming machines, having regard to the size and layout of, and facilities on, the premises; and

(b)if the applicant is an individual—the financial stability, general reputation and character of the applicant; and

(c)if the applicant is a body corporate—

(i)the financial stability and business reputation of the body corporate; and

(ii)the general reputation and character of the secretary and each executive officer of the body corporate; and

(d)the suitability of the applicant to be a licensee; and

(e)if a person is stated in an affidavit under section 92 as being a person who satisfies a description mentioned in section 92(4)(a) or (b)—the suitability of the person to be an associate of the applicant; and

(f)if the commissioner considers it appropriate—the suitability of any other associate of the applicant to be an associate of the applicant; and

(g)for an application mentioned in section 56A—whether the commissioner is satisfied there are exceptional circumstances for transferring the operating authorities mentioned in section 56A(1)(b)(iii) to the premises to which the application relates; and

(h)for an application mentioned in section 56B(1)—whether the commissioner is satisfied there are exceptional circumstances for transferring the entitlements mentioned in section 56B(1)(b)(iii) to the premises to which the application relates; and

(i)for an application mentioned in section 56B(2)—whether the commissioner is satisfied there are exceptional circumstances for transferring the entitlements mentioned in section 56B(2)(b)(iv) to the new premises mentioned in that subparagraph.

(4)For an application by an individual, the commissioner may, with the applicant’s agreement, cause the applicant’s fingerprints to be taken.

(5)Despite subsection (1), if the applicant is an individual, the commissioner is required to consider the application only if the applicant, if asked, agrees to having the applicant’s fingerprints taken.

(6)If the commissioner considers a proposed location for the installation of gaming machines (as shown on the plan of the subject premises accompanying the application, or that plan as amended and resubmitted, or as last amended and resubmitted, under this subsection) is unsuitable, the commissioner must—

(a)by written notice, advise the applicant accordingly; and

(b)return the plan to the applicant; and

(c)ask the applicant to amend, or further amend, and resubmit the plan within the time stated in the notice.

s 57 amd 1992 No. 35 sch; 1993 No. 63 ss 6, 2 sch; 1994 No. 87 s 3 sch 1; 1997 No. 24 s 61 sch

sub 1999 No. 8 s 13

amd 1999 No. 77 s 23; 2000 No. 51 s 29; 2002 No. 43 s 40; 2003 No. 41 s 7; 2007 No. 42 s 34; 2009 No. 41 s 24

sub 2012 No. 25 s 56

58Decision on application for gaming machine licence

(1)The commissioner may decide to grant, or refuse to grant, a gaming machine licence.

(2)In making the decision, the commissioner must have regard to—

(a)any supporting material for the application; and

(b)any relevant community comments on the application; and

(c)any representations made on the application in response to an invitation under section 55F; and

(d)the matters the commissioner had regard to in considering the application under section 57.

(3)For an application mentioned in section 56A, the commissioner must not allow the transfer of a number of operating authorities that is more than the number of gaming machines the commissioner considers appropriate for the premises to which the application relates.

(4)The commissioner may refuse to grant a gaming machine licence if the applicant, or an associate of the applicant, without a reasonable excuse, fails to comply with a requirement of the commissioner under section 57(2)(b).

(5)The commissioner must refuse to grant a gaming machine licence if—

(a)for an application by an individual—

(i)the applicant is not 18 years; or

(ii)the applicant’s fingerprints have not been taken under section 57(4) because of the applicant’s failure to agree to the action being taken; or

(b)for an application by a body corporate—the secretary or an executive officer of the body corporate is not 18 years; or

(c)the commissioner considers the installation and use of gaming machines on the subject premises is likely to affect adversely—

(i)the nature or character of the premises; or

(ii)the general use of the premises or the enjoyment of persons using the premises; or

(iii)the public interest; or

(d)the applicant fails to comply with a request of the commissioner under section 57(6)(c) without a reasonable excuse.

(6)For an application by a club, the commissioner must refuse to grant a gaming machine licence if the commissioner considers—

(a)that the club, including a voluntary association of persons from which it was formed—

(i)has not been operating for at least 2 years before the application was made; or

(ii)has not, during the entire period, been pursuing its objects or purposes in good faith; or

(b)that payments for the rental or lease of the club’s licensed premises are unreasonable; or

(c)if a lease, agreement or arrangement made by the club provides that a person or voluntary association of persons is entitled to receive, or may receive, a payment, benefit or advantage during, or at the end of, the lease, agreement or arrangement—that the provision is unreasonable; or

(d)if the election of all or any of the members of the club’s management committee or board is or may be decided, or controlled or influenced in a significant way or to a significant degree, by persons who are not voting members of the club or by only some voting members of the club—that this is not in the best interests of the club or its members; or

(e)if the voting members of the club, taken as a group, do not, for any reason, have complete and sole control over the election of all members of the club’s management committee or board—that this is not in the best interests of the club or its members; or

(f)if the voting members of the club do not have an equal right to elect persons, and to nominate or otherwise choose persons for election, to the club’s management committee or board—that this is not in the best interests of the club or its members; or

(g)if the club does not own its licensed premises and an executive officer or employee of the club is also the club’s lessor, or an associate of the club’s lessor—that this is not in the best interests of the club or its members; or

(h)if an executive officer or employee of the club is a creditor, or an associate of a creditor, of the club—that this is not in the best interests of the club or its members; or

(i)if the club’s management committee or board does not, for any reason, have complete and sole control over the club’s business or operations, or a significant aspect of the club’s business or operations—that this is not in the best interests of the club or its members; or

(j)that the club is being, or may be, used as a device for individual gain or commercial gain by a person other than the club; or

(k)that the grant of the licence would not be in the public interest.

(7)Despite subsection (6)(a), the commissioner may grant a gaming machine licence to a club if the commissioner considers the grant—

(a)is reasonable because of the club’s contractual commitments made in pursuing its objects or purposes; and

(b)is necessary to meet the reasonable gaming requirements of the club’s members; and

(c)is in the public interest.

(8)For subsection (6)(j), a club is not taken to be used as a device for individual or commercial gain merely because it enters into an agreement or arrangement with a person for the supply of goods or services by the person to the club, if the agreement or arrangement—

(a)is entered into on reasonable terms; and

(b)is in the best interests of the club and its members.

(9)If the commissioner grants a gaming machine licence, the gaming machine areas for the premises to which the licence relates are the locations on the premises shown on—

(a)the plan of the premises that accompanied the application for the licence; or

(b)the plan mentioned in paragraph (a), as amended and resubmitted, or as last amended and resubmitted, under section 57(6).

(10)If, for an application by an individual, the commissioner refuses to grant a gaming machine licence, the commissioner must have any fingerprints of the applicant taken for the application destroyed as soon as practicable.

(11)If the commissioner grants a gaming machine licence, the commissioner must immediately give written notice of the decision to the applicant.

(12)If the commissioner decides to impose, under section 73(1)(b), a condition on the licence, the commissioner must immediately give the applicant an information notice for the decision.

(13)If the commissioner refuses to grant a gaming machine licence, the commissioner must immediately give the applicant an information notice for the decision.

(14)In this section—

election, of a member of a club’s management committee or board, includes a matter relating to the election of a member, including, for example, the nomination of a person for election as a member.

s 58 ins 1999 No. 8 s 13

amd 1999 No. 77 s 24; 2000 No. 51 s 30; 2002 No. 43 s 41

sub 2012 No. 25 s 56

59Particulars to be fixed on grant of gaming machine licence

(1)This section applies if the commissioner decides to grant a gaming machine licence.

(2)The commissioner must—

(a)if the application relates to single premises only—

(i)fix the number of gaming machines that may, for the licence, be installed on the premises; and

(ii)fix the hours of gaming for the premises; and

(iii)for an application mentioned in section 56A—fix the number of operating authorities to be transferred to the premises; and

(iv)for an application mentioned in section 56B—fix the number of entitlements to be transferred to the premises; or

(b)if the application relates to 2 or more premises, fix for each of the premises—

(i)the number of gaming machines that may, for the licence, be installed on the premises; and

(ii)the hours of gaming for the premises; and

(iii)for an application mentioned in section 56B—the number of entitlements to be transferred to the premises.

(3)If the number of gaming machines and the hours of gaming fixed for premises are as sought in the application, the commissioner must immediately give written notice of the decision to the applicant.

(4)If the number of gaming machines and the hours of gaming fixed for premises are not as sought in the application, the commissioner must immediately give the applicant an information notice for the decision.

(5)For an application mentioned in section 56A—

(a)if the number of operating authorities fixed for the premises is the number sought in the application—the commissioner must immediately give the applicant written notice of the decision; or

(b)if the number of operating authorities fixed for the premises is not the number sought in the application—the commissioner must immediately give the applicant an information notice for the decision.

(6)For an application mentioned in section 56B—

(a)if the number of entitlements fixed for the premises is the number sought in the application—the commissioner must immediately give the applicant written notice of the decision; or

(b)if the number of entitlements fixed for the premises is not the number sought in the application—the commissioner must immediately give the applicant an information notice for the decision.

s 59 ins 1999 No. 8 s 13

sub 2000 No. 51 s 31

amd 2002 No. 43 s 42; 2003 No. 41 s 8; 2007 No. 42 s 35; 2009 No. 41 s 25; 2012 No. 25 ss 109(1), 110

60Basis on which number of gaming machines to be installed in premises and hours of gaming are to be decided

(1)This section deals with the basis on which the commissioner is to decide the number of gaming machines to be installed in, or the hours of gaming for, premises.

Note—

See section 59.

(2)The commissioner must have regard to—

(a)the number of gaming machines, and the hours of gaming, sought in the application for the gaming machine licence; and

(b)any supporting material for the application; and

(c)any relevant community comments on the application; and

(d)any representations made on the application in response to an invitation under section 55F; and

(e)the size and layout of, and facilities on, the premises; and

Example for paragraph (e)—

The commissioner must have regard to whether automatic teller machines are installed on the premises and, if so, the proximity of the gaming machine areas to automatic teller machines.

(f)the size and layout of the proposed gaming machine areas for the premises.

(3)The commissioner may also have regard to—

(a)the liquor consumption for the premises to which the application relates; and

(b)the hours and days when the premises are open for the sale of liquor; and

(c)the anticipated level of gaming on the premises; and

(d)for an application by a club—the number of members of the club; and

(e)any other matters the commissioner considers relevant.

(4)If the gaming machine licence is to relate to single premises only, the number of gaming machines fixed must not be greater than—

(a)the number sought in the application; or

(b)the maximum number prescribed under a regulation for the category of licensed premises to which the premises will belong.

(5)If the gaming machine licence is to relate to 2 or more premises, the number of gaming machines fixed for the premises—

(a)must not, for a particular premises, be greater than the number sought in the application for the premises; and

(b)must not be more than—

(i)the maximum number prescribed by regulation for category 2 licensed premises; and

(ii)the maximum number in total prescribed by regulation for all category 2 licensed premises to which a single license relates.

(6)For subsection (5)—

(a)a gaming machine licence is taken to relate to 2 or more premises if the licensee operates gaming machines on premises in another State or Territory; and

(b)in working out whether a limit fixed under subsection (5)(b) has been exceeded, gaming machines operated by the licensee in another State or Territory are to be brought into account as if they were gaming machines installed in licensed premises in Queensland.

s 60 ins 1999 No. 8 s 13

sub 2000 No. 51 s 31

amd 2012 No. 25 s 57; 2014 No. 30 s 22

pt 3 div 4 hdg ins 2000 No. 51 s 31

61Application for additional licensed premises

(1)A category 2 licensee may apply for approval of premises, additional to its existing licensed premises, as premises to which the licensee’s gaming machine licence relates.

(2)The application for approval may be made only for—

(a)premises to which a community club licence held by the applicant relates; or

(b)if the applicant has made an application for a community club licence and the application has not been decided—the premises to which the application for the community club licence relates; or

(c)if the applicant has made a liquor licence transfer application relating to a community club licence and the application has not been decided—the premises to which the liquor licence transfer application relates.

(3)The application for approval must—

(a)be in the approved form; and

(b)be given to the commissioner; and

(c)be signed in the appropriate way; and

(d)state the full name, address and date of birth of the secretary and each executive officer of the applicant; and

(e)give full particulars of the ownership, and any intended ownership, of the premises to which the application relates (the additional premises); and

(f)state—

(i)the number of gaming machines intended to be installed on the additional premises; and

(ii)the hours of gaming sought for the additional premises; and

(g)be accompanied by—

(i)the required material for the application; and

(ii)any fee prescribed under a regulation for the application.

(4)For subsection (3)(c), the application is signed in the appropriate way—

(a)if it is signed by at least 2 executive officers of the applicant authorised to sign by the applicant; or

(b)if the commissioner considers that paragraph (a) can not reasonably be complied with—if it is signed in the way the commissioner considers appropriate.

(5)For subsection (3)(g)(i), the required material for the application is—

(a)a copy of the resolution or minute of the proceedings of the governing body of the applicant by which approval was given to the making of the application, certified as a true copy by the secretary of the applicant or another person authorised to certify by the applicant; and

(b)a statement stating—

(i)the number of members in each class of membership of the applicant; and

(ii)the hours and days when the additional premises are, or are intended to be, open for the sale of liquor; and

(c)a statutory declaration by the principal executive officer of the applicant that the rules or by-laws of the applicant—

(i)have been complied with in making the application; and

(ii)do not prohibit the playing of gaming machines on the additional premises; and

(d)one of the following—

(i)evidence, satisfactory to the commissioner, that the applicant is the holder of a community club licence for the additional premises;

(ii)a copy of an application for a community club licence for the additional premises made by the applicant; and

(e)a plan of the additional premises showing the proposed locations for gaming machines intended to be installed on the premises; and

(f)an affidavit under section 92; and

(g)any other documents the commissioner considers necessary and reasonable to enable the application to be decided.

s 61 sub 1999 No. 8 s 13

amd 1999 No. 77 s 25; 2000 No. 51 s 32; 2008 No. 48 s 59(1) sch; 2009 No. 41 s 26; 2012 No. 25 s 109(1)

62Consideration of additional premises application

(1)The commissioner must consider an additional premises application received by the commissioner before approving, or refusing to approve, the additional premises as premises to which the applicant’s gaming machine licence relates.

(2)In considering the application, the commissioner—

(a)must conduct investigations the commissioner considers are necessary and reasonable to help the commissioner consider the application; and

(b)may, by written notice given to the applicant or an associate of the applicant, require the applicant or associate, within a reasonable time stated in the notice, to give the commissioner further information or a document that is necessary and reasonable to help the commissioner consider the application.

(3)Also, in considering the application, the commissioner must assess—

(a)the suitability of the additional premises for the installation and use of gaming machines, having regard to the size and layout of, and facilities on, the premises; and

(b)the financial stability and business reputation of the applicant; and

(c)the general reputation and character of the secretary and each executive officer of the applicant; and

(d)if a person is stated in an affidavit under section 92 as being a person who satisfies a description mentioned in section 92(4)(a) or (b)—the suitability of the person to be an associate of the applicant; and

(e)if the commissioner considers it appropriate—the suitability of any other associate of the applicant to be an associate of the applicant.

(4)If the commissioner considers a proposed location for the installation of gaming machines (as shown on the plan of the additional premises accompanying the application, or that plan as amended and resubmitted, or as last amended and resubmitted, under this subsection) is unsuitable, the commissioner must—

(a)by written notice, advise the applicant accordingly; and

(b)return the plan to the applicant; and

(c)ask the applicant to amend, or further amend, and resubmit, the plan within the time stated in the notice.

s 62 ins 1999 No. 8 s 13

amd 1999 No. 77 s 26; 2000 No. 51 s 33; 2002 No. 43 s 43

sub 2012 No. 25 s 58

63Decision on additional premises application

(1)The commissioner may, in relation to an additional premises application, approve, or refuse to approve, the additional premises as premises to which the applicant’s gaming machine licence relates.

(2)In making the decision, the commissioner—

(a)must have regard to—

(i)any supporting material for the application; and

(ii)any relevant community comments on the application; and

(iii)the matters the commissioner had regard to in considering the application under section 62; and

(b)may have regard to—

(i)the benefits to be offered to members of the applicant at the additional premises and, in particular, whether the benefits are distinct in nature to the benefits offered to the members at the applicant’s existing licensed premises (the existing premises); and

(ii)any other matters the commissioner considers relevant.

(3)The commissioner may approve the additional premises only if the commissioner is satisfied that—

(a)it is in the best interests of the applicant’s members that the approval be given; and

(b)the giving of the approval is not contrary to the public interest.

(4)The commissioner may refuse to approve the additional premises if the applicant, or an associate of the applicant, without a reasonable excuse, fails to comply with a requirement of the commissioner under section 62(2)(b).

(5)The commissioner must refuse to approve the additional premises if—

(a)the commissioner considers the installation and use of gaming machines on the additional premises is likely to affect adversely—

(i)the nature or character of the premises; or

(ii)the general use of the premises or the enjoyment of persons using the premises; or

(iii)the public interest; or

(b)the applicant fails to comply with a request of the commissioner under section 62(4)(c) without a reasonable excuse.

(6)If the commissioner approves the additional premises, the commissioner must immediately give written notice of the decision to the applicant.

(7)If the commissioner refuses to approve the additional premises, the commissioner must immediately give the applicant an information notice for the decision.

s 63 ins 1999 No. 8 s 13

amd 2000 No. 51 s 34

sub 2012 No. 25 s 58; 2014 No. 30 s 23

64Fixing number of gaming machines and hours of gaming for additional premises

(1)This section applies if the commissioner decides to approve additional premises as premises to which the applicant’s gaming machine licence (the existing licence) relates.

(2)The commissioner must—

(a)fix the number of gaming machines that may be installed on the additional premises; and

(b)fix the hours of gaming for the additional premises.

(3)In fixing the number of gaming machines, and the hours of gaming for additional premises, the commissioner—

(a)must have regard to the number of gaming machines, and the hours of gaming, sought in the additional premises application; and

(b)must have regard to any supporting materials for the application; and

(c)must have regard to any relevant community comments on the application; and

(d)may have regard to the matters, in relation to the additional premises, to which the commissioner is authorised to have regard in making a corresponding decision on an application for a gaming machine licence.

Note—

See section 60(3).

(4)The number of gaming machines fixed under subsection (2)—

(a)must not be greater than the number sought in the application; and

(b)must be a number that, when added to the approved number, or total approved number, of gaming machines for the existing premises, does not result in a number of gaming machines that is more than—

(i)the maximum number prescribed by regulation for category 2 licensed premises; and

(ii)the maximum number in total prescribed by regulation for all category 2 licensed premises to which a single licence relates.

(5)If the number of gaming machines and the hours of gaming fixed for the additional premises are as sought in the additional premises application, the commissioner must immediately give written notice of the decision to the applicant.

(6)If the number of gaming machines and the hours of gaming fixed for the additional premises are not as sought in the additional premises application, the commissioner must immediately give the applicant an information notice for the decision.

s 64 ins 1999 No. 8 s 13

sub 2000 No. 51 s 35

amd 2012 No. 25 ss 109(1), 110; 2014 No. 30 s 24

65Application of gaming machine licence to additional premises

(1)This section applies if the commissioner decides to approve additional premises as premises to which the applicant’s existing licence relates.

(2)On return of the existing licence to the commissioner, the commissioner must—

(a)amend the licence to cover the additional premises and return the amended licence to the licensee; or

(b)if the commissioner does not consider it practicable to amend the licence—issue a replacement gaming machine licence, incorporating the additional premises, to the licensee.

(3)On action being taken by the commissioner under subsection (2)—

(a)the gaming machine licence relates to the additional premises for the number of gaming machines decided by the commissioner for the premises; and

(b)the gaming machine areas for the additional premises are the locations on the premises shown on—

(i)the plan of the additional premises that accompanied the additional premises application; or

(ii)the plan mentioned in subparagraph (i), as amended and resubmitted, or as last amended and resubmitted, under section 62(4); and

(c)the gaming machine licence continues to have effect in relation to the existing premises in the way the licence had effect in relation to the premises immediately before the action was taken.

s 65 ins 1999 No. 8 s 13

amd 2012 No. 25 ss 109(1), 110

pt 3 div 5 hdg ins 2000 No. 51 s 36

66Changes in circumstances of applicants for gaming machine licences and licensees generally

(1)If a person applies for a licence under this part and, before the application is granted or refused, a change happens in any information contained in, or accompanying, the application or in a notice given under this subsection, the applicant must, within 7 days of the change, give the commissioner written notice of the change.

Maximum penalty—100 penalty units.

(2)If, after the grant of a licence under this part, an event mentioned in subsection (3) happens, the holder of the licence must, within 7 days of the event happening, give the commissioner written notice of the event.

Maximum penalty—100 penalty units.

(3)The events required to be notified by the holder of the licence are—

(a)the holder of the licence changes name or address; or

(b)the holder of the licence—

(i)is convicted of an offence against this Act; or

(ii)if the holder is an individual—fails to discharge the holder’s financial commitments, becomes bankrupt or compounds with creditors or otherwise takes advantage of the laws about bankruptcy; or

(iii)if the holder is a body corporate—is affected by control action under the Corporations Act; or

(iv)is convicted of an indictable offence punishable by imprisonment for at least 1 year (irrespective of whether the offence is also punishable by a fine in addition, or as an alternative, to imprisonment).

s 66 ins 1993 No. 63 s 7

amd 1997 No. 24 s 61 sch; 1999 No. 8 s 14; 1999 No. 77 s 156; 2001 No. 45 s 29 sch 3; 2004 No. 21 s 123 sch; 2012 No. 25 s 109(1)

67Changes in circumstances of category 2 licensees

(1)This section applies to a category 2 licensee, in relation to the category 2 licensed premises, if—

(a)a lease, agreement or arrangement made by the licensee about the premises was in existence at the time the licensee became the licensee of the premises; and

(b)the lease, agreement or arrangement—

(i)provided for payments for the rental or lease of the premises; or

(ii)provided that a person was entitled to receive, or may receive, a payment of another kind, or a benefit or advantage; and

(c)the licensee intends to materially change a provision mentioned in paragraph (b).

(2)This section also applies to a category 2 licensee, in relation to the category 2 licensed premises, if the licensee intends—

(a)to enter into a management agreement for the licensee’s business or operations; or

(b)to change a management agreement for the licensee’s business or operations into which the licensee has entered.

(3)The licensee must, at least 28 days before the proposed material change happens, or the licensee enters into the proposed management agreement or changes the management agreement, give to the commissioner a written notice including full details of the proposed material change, management agreement or change to the management agreement.

Maximum penalty—100 penalty units.

(4)For subsection (1)(c), a licensee intends to materially change the lease, agreement or arrangement mentioned in the subsection if—

(a)if subsection (1)(b)(i) applies—

(i)the proposed change will likely affect the amount or frequency of the payments or the period for which the payments are required to be made; or

(ii)the person entitled to receive the payments will likely change; or

(b)if subsection (1)(b)(ii) applies—

(i)the proposed change will likely affect the amount of the payment, or the nature or extent of the benefit or advantage; or

(ii)the person entitled to receive, or who may receive, the payment, benefit or advantage will likely change.

(5)The licensee must, within 7 days after the material change happens, or the licensee enters into the management agreement or changes the management agreement, give to the commissioner a written notice including full details of the material change, management agreement or change to the management agreement.

Maximum penalty—100 penalty units.

(6)In this section—

management agreement, for a licensee’s business or operations, means an agreement or arrangement made by the licensee about the management of the licensee’s business or operations, other than an agreement or arrangement—

(a)made by the licensee with an individual who—

(i)is not a party to an agreement or arrangement about the management of another licensee’s business or operations; or

(ii)is not an associate of a person who is a party to an agreement or arrangement about the management of another licensee’s business or operations; and

(b)for which the licensee is required, under the Taxation Administration Act 1953 (Cwlth), schedule 1, part 2-5, division 12, subdivision 12-B, section 12-35, to withhold an amount from the individual’s salary or wages under the agreement or arrangement.

s 67 ins 1999 No. 8 s 15

amd 1999 No. 77 s 27; 2004 No. 21 s 38; 2012 No. 25 s 109(1); 2013 No. 25 s 50

pt 3 div 6 hdg ins 2000 No. 51 s 37

68Issue of gaming machine licences generally

(1)If the commissioner grants a gaming machine licence, the commissioner must issue the licence.

(2)The gaming machine licence must be in the approved form, which must provide for the inclusion of each of the following particulars—

(a)the name of the licensee;

(b)the location of the premises, or each of the premises, to which the licence relates;

(c)the date of issue of the licence;

(d)for a gaming machine licence for category 1 licensed premises—

(i)the authority region in which the licensed premises are located; and

(ii)the number of operating authorities for the licensed premises, including the number of operating authorities, if any, for the licensed premises that must be sold at an authorised sale; and

(iii)the registration number of each operating authority for the licensed premises;

(e)for a gaming machine licence for category 2 licensed premises—the number of entitlements for the premises, or each of the premises, to which the licence relates;

(f)any conditions of the licence imposed under section 73(1)(b).

s 68 amd 1995 No. 58 s 4 sch 1; 1997 No. 24 s 61 sch; 1999 No. 8 s 16; 2003 No. 41 s 9; 2008 No. 2 s 30; 2009 No. 41 s 27; 2012 No. 25 s 59; 2013 No. 25 s 51; 2014 No. 30 s 25

69Issue of amalgamated gaming machine licences to clubs

(1)This section applies if, at its commencement, a club holds more than 1 gaming machine licence, each for separate premises.

(2)Within 1 month after the commencement, the commissioner must issue a single, fresh gaming machine licence (an amalgamated licence) to the licensee to replace the gaming machine licences held by the licensee at the commencement (the superseded licences).

(3)The amalgamated licence—

(a)is to relate to each of the premises that, at the commencement, were licensed premises of the licensee; and

(b)for its application to particular premises—has the same effect for all purposes as the superseded licence had for the premises.

(4)The amalgamated licence must be in the approved form, which must provide for the inclusion of the following particulars—

(a)the name of the licensee;

(b)the location of each of the premises to which the licence relates;

(c)the date of issue of the licence;

(d)any conditions of the licence (other than conditions applying because of section 73(1)(a)).

(5)A condition to be stated in the amalgamated licence must be a condition to the same effect as a condition stated in a superseded licence.

(6)On the issue of the amalgamated licence to the licensee, each superseded licence held by the licensee is cancelled.

(7)Within 14 days after receiving the amalgamated licence, the licensee must return each superseded licence in the licensee’s possession to the commissioner.

Maximum penalty—40 penalty units.

s 69 prev s 44 amd 1992 No. 35 sch; 1993 No. 63 s 2 sch; 1994 No. 87 s 3 sch 1; 1997 No. 24 ss 10, 61 sch

om 1998 No. 11 s 7

pres s 44 ins 1999 No. 8 s 17

amd 2012 No. 25 s 109(1); 2013 No. 25 s 52

70Gaming machine licences to be displayed

(1)If a licensee’s gaming machine licence relates to single premises only, the licensee must display the licensee’s licence in a conspicuous position on the licensed premises in question unless the licence at any material time is in the possession of the commissioner.

Maximum penalty—40 penalty units.

(2)If a licensee’s gaming machine licence relates to 2 or more premises, the licensee must display a copy of the licence in a conspicuous position in each of the premises.

Maximum penalty—40 penalty units.

s 70 amd 1992 No. 35 sch; 1997 No. 24 s 61 sch; 1998 No. 11 s 8; 1999 No. 8 s 18; 2012 No. 25 s 109(1)

71Issue of copy or replacement gaming machine licences—generally

(1)If the commissioner is satisfied that a gaming machine licence has been damaged, lost or destroyed, the commissioner, upon payment of the fee prescribed, may issue to the licensee a copy of the gaming machine licence.

(2)If the commissioner is satisfied the name of a licensee or a licensee’s licensed premises has been changed, the commissioner must issue to the licensee a fresh licence, stating the licensee’s or licensed premises’ current name, to replace the licence (the affected licence) previously issued to the licensee.

(3)However, the commissioner is required to issue a licence to a licensee under subsection (2) only if—

(a)the fee prescribed under a regulation for the issue of the licence has been paid to the commissioner; and

(b)the licensee’s affected licence has been returned to the commissioner.

(4)A copy of a gaming machine licence issued under subsection (1), for all purposes, has the same effect as the original gaming machine licence of which it is a copy.

s 71 amd 1999 No. 77 s 28; 2004 No. 21 s 39; 2012 No. 25 s 109(1)

71AReplacement of gaming machine licence for particular changes

(1)This section applies if a licensee for licensed premises receives a notice under section 83(5) or (6), 85C(4) or (5), 88A(1) or (2) or 90C(5) or (6) for a decision to approve an increase or decrease in the following (each a relevant change)—

(a)the approved number of gaming machines for the premises;

(b)the hours of gaming for the premises.

(2)The licensee must, within 7 days after receiving the notice, give to the commissioner—

(a)the licensee’s gaming machine licence; and

(b)the fee prescribed under a regulation.

Maximum penalty—40 penalty units.

(3)On receipt of a licensee’s gaming machine licence under subsection (2), the commissioner must, as soon as practicable, give the licensee a replacement licence showing the relevant change.

(4)If the replacement licence is for category 1 licensed premises, the replacement licence must include the information mentioned in section 68(2)(d).

(5)If the replacement licence is for category 2 licensed premises, the replacement licence must include the following particulars—

(a)the information mentioned in section 68(2)(e);

(b)the number of entitlements for the licensed premises that have been transferred to the licensee of other licensed premises on a temporary basis under part 3B, division 3;

(c)the number of entitlements for other licensed premises that have been transferred to the licensee on a temporary basis under part 3B, division 3;

(d)if the licensee received a notice under section 88A(1) or (2) relating to a decision approving a decrease in the approved number of gaming machines for the licensee’s licensed premises—the number of entitlements for the licensed premises that must, under section 87(9), be transferred on a permanent basis under part 3B, division 2.

s 71A ins 2004 No. 21 s 40

amd 2009 No. 41 s 28; 2012 No. 25 ss 60, 109(1); 2013 No. 25 s 53

73Conditions of gaming machine licences

(1)A gaming machine licence is subject to—

(a)such conditions as are prescribed; and

(b)such other conditions (including any variation of the conditions made under section 74) as the commissioner may impose in the public interest or for the proper conduct of gaming at the time of granting the licence or under section 74.

(2)A licensee who fails to comply with any condition referred to in subsection (1) commits an offence against this Act.

Maximum penalty—200 penalty units.

s 73 amd 1992 No. 35 sch; 1999 No. 77 s 155; 2012 No. 25 s 110

74Imposition or variation of conditions

(1)Where the commissioner in the public interest or for the proper conduct of gaming, at any time after granting a gaming machine licence, considers that—

(a)the imposition of conditions or further conditions on the licence; or

(b)a variation to the conditions imposed on the licence under section 73(1)(b) or paragraph (a) of this subsection;

is warranted, the commissioner may impose the conditions or further conditions or vary the conditions.

(2)If the commissioner decides to impose or vary conditions under subsection (1), the commissioner must immediately give the licensee—

(a)written notice of the conditions or varied conditions; and

(b)an information notice for the decision.

(3)Any imposition of or variation to conditions under this section has effect from the date specified for the purpose in the notice given under subsection (2).

(4)Upon being given a notice under subsection (2), the licensee to whom the notice relates must cause the gaming machine licence to be delivered to the commissioner within 14 days.

Maximum penalty for subsection (4)—40 penalty units.

(5)After endorsing the gaming machine licence, the commissioner is to return it to the licensee.

s 74 amd 1992 No. 35 sch; 1997 No. 24 s 61 sch; 2002 No. 43 s 44; 2012 No. 25 ss 109(1), 110

75Payment and recovery of amounts

(1)All amounts received by the commissioner under conditions referred to in section 73 must be paid into the consolidated fund.

(2)The commissioner, for any reason that the commissioner considers is sufficient, may forgive or refund any penalty payable under conditions referred to in section 73.

(3)All amounts payable by a licensee under conditions referred to in section 73 that remain unpaid may be recovered as a debt payable by the licensee to the Crown.

(4)The commissioner, instead of proceeding with or continuing an action under subsection (3), may accept in full payment of any debt payable an amount that is less than the amount payable or remaining unpaid where—

(a)the gaming machine licence in relation to which the debt is payable has been cancelled or surrendered; and

(b)the person who held the licence is not the holder of any other gaming machine licence.

s 75 amd 1992 No. 35 sch; 1997 No. 24 s 61 sch; 2012 No. 25 s 109(1)

77Gaming machine licences can not be transferred

A gaming machine licence can not be transferred to another person or to other premises.

s 77 ins 1992 No. 35 s 7

78Certain applications under Liquor Act 1992 subject to commissioner’s certificate

(1)Despite anything in the Liquor Act 1992, if a person makes a liquor licence transfer application relating to a community club licence, commercial hotel licence or prescribed liquor licence, the commissioner may transfer the licence under the Liquor Act 1992 only if the commissioner issues a certificate under subsection (2).

(2)The commissioner may issue the certificate only if—

(a)the premises for which the application under the Liquor Act 1992 was made are not licensed premises under this Act; or

(b)if the premises for which the application was made are licensed premises under this Act—

(i)the commissioner is prepared to grant a gaming machine licence to the applicant; and

(ii)satisfactory arrangements have been made for payment of any amounts payable by the current licensee under conditions mentioned in section 73 or under part 9.

(3)Subsection (4) applies if—

(a)a person—

(i)makes a liquor licence transfer application relating to a community club licence, commercial hotel licence or prescribed liquor licence; and

(ii)applies at the same time for a gaming machine licence for the premises to which the application mentioned in paragraph (a) relates; and

(b)the commissioner is prepared to transfer the liquor licence under the Liquor Act 1992; and

(c)the commissioner is prepared to grant the gaming machine licence.

(4)The commissioner must transfer the liquor licence under the Liquor Act 1992 and issue the gaming machine licence at the same time.

(5)Subsections (6) and (7) apply if—

(a)under subsection (4), a gaming machine licence (a new licence) is to be issued at the same time as the transfer of a liquor licence; and

(b)an associated gaming licence for the liquor licence is cancelled under section 96(1) because of the transfer of the liquor licence.

(6)All operating authorities or entitlements, if any, for the licensed premises under the cancelled associated gaming machine licence are transferred by operation of this subsection to the holder of the new licence.

(7)However, an entitlement for the licensed premises under the cancelled associated gaming licence that must, under section 87(9), be transferred on a permanent basis under part 3B, division 2—

(a)is not transferred by operation of subsection (6) to the holder of the new licence; and

(b)becomes an entitlement of the State.

(8)In subsection (6)—

operating authority, for the licensed premises under the cancelled associated gaming machine licence, does not include an operating authority that must be sold at an authorised sale.

s 78 sub 1992 No. 35 s 7; 1993 No. 63 s 2 sch; 1997 No. 24 s 61 sch

amd 2001 No. 50 s 7; 2003 No. 41 s 10; 2008 No. 48 s 59(1) sch; 2009 No. 41 s 29; 2012 No. 25 ss 61, 109(1), 110

78ALiquor licence transfer application, and additional premises application, for premises

(1)Subsection (2) applies if a category 2 licensee makes a liquor licence transfer application relating to a community club licence for premises additional to its existing licensed premises.

(2)Despite the Liquor Act 1992, the commissioner may transfer the licence under the Liquor Act 1992 only if the commissioner issues a certificate under subsection (3).

(3)The commissioner may issue the certificate only if—

(a)the premises are not licensed premises under this Act; or

(b)if the premises are licensed premises under this Act—

(i)the commissioner is prepared, under section 63, to approve the premises as premises to which the category 2 licensee’s gaming machine licence relates; and

(ii)satisfactory arrangements have been made for payment of any amounts payable by the current licensee under conditions mentioned in section 73 or under part 9.

(4)Subsection (5) applies if—

(a)a category 2 licensee—

(i)makes a liquor licence transfer application relating to a community club licence for particular premises; and

(ii)at the same time makes an additional premises application for the premises; and

(b)the commissioner is prepared to transfer the liquor licence under the Liquor Act 1992; and

(c)the commissioner is prepared, under section 63, to approve the premises as premises to which the category 2 licensee’s gaming machine licence relates.

(5)The commissioner must transfer the liquor licence under the Liquor Act 1992 and approve the premises under section 63 at the same time.

(6)Subsections (7) and (8) apply if—

(a)under subsection (5), an approval of the premises under section 63 is to be made at the same time as the transfer of a liquor licence; and

(b)an associated gaming licence for the liquor licence is cancelled under section 96(1) because of the transfer of the liquor licence.

(7)All entitlements, other than relevant entitlements, for the licensed premises under the cancelled associated gaming licence are transferred by operation of this subsection to the category 2 licensee for use at the premises on a permanent basis.

(8)A relevant entitlement for the licensed premises under the cancelled associated gaming licence becomes an entitlement of the State.

(9)In this section—

relevant entitlement, for the licensed premises under the cancelled associated gaming licence, means an entitlement that must under section 87(9) be transferred on a permanent basis under part 3B, division 2.

s 78A ins 2009 No. 41 s 30

amd 2012 No. 25 ss 62, 109(1), 110

79Other applications under Liquor Act 1992

(1)This section applies if—

(a)a person makes an approval application; and

(b)the commissioner approves the application under the Liquor Act 1992; and

(c)the commissioner issues a gaming machine licence (a new licence) to the relevant person for the approval application.

(2)All operating authorities, if any, for the part of commercial special facility premises to which the approval application relates are transferred by operation of this subsection to the holder of the new licence.

(3)In this section—

approval application means an application under the Liquor Act 1992 for an approval that—

(a)a part of commercial special facility premises be let or sublet; or

(b)a franchise or management rights of a similar nature be granted for a part of commercial special facility premises.

operating authority does not include an operating authority that must be sold at an authorised sale.

relevant person, for an approval application, means the proposed lessee, sublessee, franchisee, or proposed holder of management rights, for the part of commercial special facility premises to which the approval application relates.

s 79 prev s 79 amd 1992 No. 35 sch; 1993 No. 63 s 2 sch; 1995 No. 58 s 4 sch 1; 1997 No. 24 s 61 sch; 1997 No. 81 s 3 sch; 1998 No. 11 s 9

sub 1999 No. 8 s 21

om 2000 No. 51 s 38

pres s 79 ins 2004 No. 21 s 41

amd 2008 No. 48 s 59(1) sch; 2012 No. 25 ss 63, 109(1)

80Directions to licensees about authorised gaming machines

(1)The commissioner may direct a licensee to alter an authorised gaming machine of the licensee to change the game that may be played on the machine.

(2)However, the commissioner may give a direction about a gaming machine only if—

(a)the game that may be played on the machine is not an approved game; or

(b)if the game that may be played on the machine is an approved game—the commissioner reasonably believes subsection (3) applies to the machine.

(3)This subsection applies for subsection (2)(b) if—

(a)the machine malfunctions when it is being used; and

(b)the making of the proposed alteration will stop the machine malfunctioning; and

(c)without the proposed alteration being made, the continued use of the machine may compromise proper standards of integrity affecting gaming or adversely affect the public interest in some other way.

(4)A direction must—

(a)be in writing; and

(b)state the grounds on which it is given; and

(c)state when the licensee to whom it is given is required to comply with the direction.

(5)A licensee to whom a direction is given must comply with the direction, unless the licensee has a reasonable excuse.

Maximum penalty for subsection (5)—200 penalty units.

s 80 ins 1999 No. 8 s 21

amd 1999 No. 77 s 29; 2012 No. 25 s 109(1)

80BRestriction on installation and operation of gaming machines for category 1 licensee

A category 1 licensee must not, at the licensee’s licensed premises, install and operate more than the number of gaming machines that is equal to the endorsed number of operating authorities for the licensed premises.

Maximum penalty—200 penalty units.

s 80B ins 2003 No. 41 s 11

80CRestriction on installation and operation of gaming machines for category 2 licensee

(1)A category 2 licensee must not, at the licensee’s licensed premises or each of the licensee’s licensed premises, install or operate more than the number of gaming machines that is equal to the total of the following—

(a)the endorsed number of entitlements for the licensed premises;

(b)the number of any entitlements that are currently transferred under part 3B, division 3 for use on a temporary basis at the licensed premises.

Maximum penalty—200 penalty units.

(2)For subsection (1)(a), the endorsed number of entitlements for the licensed premises is taken not to include the number of any entitlements for the licensed premises that are currently transferred under part 3B, division 3 for use on a temporary basis at other category 2 licensed premises.

s 80C ins 2009 No. 41 s 31

pt 3 div 7 hdg ins 2000 No. 51s 39

81Application to increase approved number of gaming machines

(1)A licensee may apply to have the approved number of gaming machines for licensed premises of the licensee increased.

(2)An application must—

(a)be in the approved form; and

(b)be given to the commissioner; and

(c)be signed in the same way an application for a gaming machine licence is required to be signed; and

Note—

See section 56(5)(b) and (c) and (7).

(d)if the licensee’s gaming machine licence relates to 2 or more premises—state the premises to which the application relates; and

(e)state the number of gaming machines sought under the increase; and

(f)state the approved number of gaming machines that would apply to the licensed premises if the increase were to be approved; and

(g)if appropriate, be accompanied by an application under section 91; and

(h)be accompanied by any fee prescribed under a regulation for the application.

s 81 amd 1992 No. 35 sch; 1993 No. 63 s 2 sch; 1994 No. 87 s 3 sch 1; 1995 No. 58 s 4 sch 1; 1997 No. 24 ss 12, 61 sch

sub 1999 No. 8 s 21

amd 2001 No. 50 s 8; 2003 No. 41 s 12; 2012 No. 25 s 109(1)

82Consideration of increase application (gaming machines)

(1)The commissioner must consider an increase application (gaming machines) received by the commissioner before approving, or refusing to approve, the application.

(2)In considering the increase application, the commissioner may, by written notice given to the applicant, require the applicant, within a reasonable time stated in the notice, to give the commissioner further information or a document that is necessary and reasonable to help the commissioner consider the application.

(3)Also, in considering the increase application, the commissioner—

(a)must have regard to—

(i)the increased number of gaming machines sought in the application; and

(ii)any supporting material for the application; and

(iii)any relevant community comments on the application; and

(b)may have regard to—

(i)the monthly taxable metered win of gaming machines currently operated on the premises; and

(ii)the size and layout of, and facilities on, the premises, together with any proposed changes to, or relocation of, the gaming machine areas of the premises; and

(iii)the nature or character of the premises; and

(iv)the general use of the premises or the enjoyment of persons using the premises; and

(v)the public interest; and

(vi)any other matters the commissioner considers relevant.

s 82 ins 1999 No. 8 s 21

amd 2002 No. 43 s 47

sub 2012 No. 25 s 64

amd 2013 No. 62 s 9

83Decision on increase application (gaming machines)

(1)The commissioner may, in relation to an increase application (gaming machines)—

(a)approve, by a stated number, an increase in the approved number of gaming machines for the licensed premises of the licensee; or

(b)refuse to approve an increase in the approved number.

(2)In making the decision, the commissioner must have regard to the matters the commissioner had regard to in considering the increase application under section 82.

(3)The commissioner must refuse to approve an increase if—

(a)the application relates to category 2 licensed premises; and

(b)any of the endorsed number of entitlements for the licensed premises are, at the time the application is made, transferred under part 3B, division 3 for use on a temporary basis at other category 2 licensed premises.

(4)The commissioner may refuse to approve an increase if the applicant, without a reasonable excuse, fails to comply with a requirement of the commissioner under section 82(2).

(5)If the commissioner approves an increase that is equal to the increase sought in the application, the commissioner must immediately give written notice of the decision to the licensee.

(6)If the commissioner refuses to approve an increase, or approves an increase that is less than the increase sought in the application, the commissioner must immediately give the licensee an information notice for the decision.

(7)If the approved number of gaming machines for licensed premises has been fixed (or increased or decreased) within the last 12 months, the commissioner may only approve an increase in the approved number of gaming machines if there are exceptional reasons for the increase.

s 83 ins 1999 No. 8 s 21

amd 2000 No. 51 s 40; 2009 No. 41 s 32

sub 2012 No. 25 s 64

85Fixing increase number of gaming machines

(1)This section applies for the giving of an approval by the commissioner under section 83(1) for an increase in the approved number of gaming machines for licensed premises of a licensee.

(2)The number (the increase number) fixed by the commissioner as the number by which the approved number is to be increased must not be greater than the number of gaming machines sought in the relevant application.

(3)Also, if the licensee’s gaming machine licence relates to single premises only (the licensee’s premises), the increase number must be a number that, when added to the current approved number of gaming machines for the premises, does not result in a total number of gaming machines that is greater than the maximum number prescribed under a regulation for the category of licensed premises to which the licensee’s premises belong.

(4)Also, if the licensee’s gaming machine licence relates to 2 or more premises, the increase number must be a number that, when added to the current approved number of gaming machines for each or all of the premises, does not result in a total number of gaming machines that is more than—

(a)the maximum number prescribed by regulation for category 2 licensed premises; and

(b)the maximum number in total prescribed by regulation for all category 2 licensed premises to which a single licence relates.

s 85 ins 1999 No. 8 s 21

amd 2012 No. 25 s 110; 2014 No. 30 s 26

pt 3 div 8 hdg ins 2000 No. 51 s 42

85AApplication to increase approved hours of gaming

(1)A licensee may apply to have the approved hours of gaming for licensed premises of the licensee increased.

(2)A proposed change to the approved hours of gaming for licensed premises is taken to be an increase if the change would allow the conduct of gaming on the licensed premises at a time when gaming was previously unlawful (even though the change might reduce aggregate hours of gaming or leave the aggregate unchanged).

(3)An application must—

(a)be in the approved form; and

(b)be given to the commissioner; and

(c)be signed in the same way as an application for a gaming machine licence is required to be signed; and

Note—

See section 56(5)(b) and (c) and (7).

(d)if the licensee’s gaming machine licence relates to 2 or more premises—state the premises to which the application relates; and

(e)state the hours of gaming for which approval is sought.

s 85A ins 2000 No. 51 s 42

amd 2012 No. 25 s 109(1)

85BConsideration of increase application (hours of gaming)

(1)The commissioner must consider an increase application (hours of gaming) received by the commissioner before approving, or refusing to approve, the application.

(2)In considering the increase application, the commissioner may, by written notice given to the applicant, require the applicant, within a reasonable time stated in the notice, to give the commissioner further information or a document that is necessary and reasonable to help the commissioner consider the application.

(3)Also, in considering the increase application, the commissioner—

(a)must have regard to—

(i)the increase in approved hours of gaming sought in the application; and

(ii)any supporting material for the application; and

(iii)any relevant community comments on the application; and

(b)may have regard to—

(i)the hours and days when the licensed premises are open for the sale of liquor; and

(ii)any other matters the commissioner considers relevant.

s 85B ins 2000 No. 51 s 42

sub 2012 No. 25 s 65

85CDecision on increase application (hours of gaming)

(1)The commissioner may, in relation to an increase application (hours of gaming)—

(a)approve the hours of gaming sought by the applicant; or

(b)approve an increase that differs from the increase sought by the applicant; or

(c)refuse to approve an increase to the hours of gaming for the licensed premises.

(2)In making the decision, the commissioner must have regard to the matters the commissioner had regard to in considering the increase application under section 85B.

(3)The commissioner may refuse to approve an increase if the applicant, without a reasonable excuse, fails to comply with a requirement of the commissioner under section 85B(2).

(4)If the commissioner approves an increase as sought by the licensee, the commissioner must immediately give written notice of the decision to the licensee.

(5)If the commissioner refuses to approve an increase, or approves an increase that differs from the increase sought in the application, the commissioner must immediately give the licensee an information notice for the decision.

s 85C ins 2000 No. 51 s 42

sub 2012 No. 25 s 65

pt 3 div 9 hdg ins 2000 No. 51s 42

86Proposals to decrease approved number of gaming machines

(1)A licensee may apply to have the approved number of gaming machines for licensed premises of the licensee decreased.

(1A)However, the application may not be made by a category 2 licensee to whom entitlements of other category 2 licensed premises are currently transferred under part 3B, division 3 for use on a temporary basis at the licensed premises mentioned in subsection (1).

(1B)Subsection (1C) applies if—

(a)an application mentioned in subsection (1) is made by a category 2 licensee; and

(b)one or more of the entitlements of the licensed premises are currently transferred under part 3B, division 3 for use on a temporary basis at other category 2 licensed premises.

(1C)The application may not relate to the gaming machines, the entitlements for which are subject to the transfer mentioned in subsection (1B)(b).

(2)An approved authority may request that the approved number of gaming machines for licensed premises of a licensee be decreased.

(3)An inspector may make a report recommending the approved number of gaming machines for a licensee’s licensed premises be decreased—

(a)because of a material change affecting the licensee that has happened since the licensee was granted a gaming machine licence; or

(b)if, within the period of 6 months immediately before the report, the licensee did not operate, for a continuous period of 3 months, 1 or more gaming machines included in the approved number of gaming machines for the licensed premises other than—

(i)a gaming machine stored with the commissioner’s approval as mentioned in section 225(3); or

(ii)a gaming machine that was not available for gaming because the gaming machine was undergoing alteration, adjustment, maintenance or repair by a licensed repairer acting under this Act.

(4)For subsection (3)(b), the period immediately before a report can not include a period before the commencement of this subsection.

(4A)Subsection (3)(b) does not apply to a gaming machine for category 2 licensed premises, the entitlement for which is currently transferred under part 3B, division 3 for use on a temporary basis at other category 2 licensed premises.

(5)An application by a licensee must be—

(a)in the approved form; and

(b)given to the commissioner; and

(c)accompanied by the gaming machine licence for the licensed premises; and

(d)if the licensee intends to relocate the gaming machine areas for licensed premises of the licensee—accompanied by an application under section 91.

(6)A request or report mentioned in subsection (2) or (3) must—

(a)be in writing; and

(b)be given to the commissioner; and

(c)state, by reference to a number, the decrease requested or recommended; and

(d)state the approved number of gaming machines for the licensed premises if the decrease were to be approved.

(7)For subsection (3), a change is a material change affecting a licensee if the change is—

(a)a general change of conditions in the neighbourhood in which the licensee’s licensed premises are situated; or

(b)a change in the licensee’s circumstances; or

(c)a change in any of the matters mentioned in section 60(3) relating to the licensee or licensee’s licensed premises.

s 86 amd 1992 No. 35 sch; 1993 No. 63 s 2 sch; 1994 No. 87 s 3 sch 1; 1997 No. 24 s 61 sch

sub 1999 No. 8 s 21

amd 2001 No. 50 s 9; 2002 No. 43 s 49; 2003 No. 41 ss 13, 3 sch; 2008 No. 2 s 31; 2009 No. 41 s 33; 2012 No. 25 s 109(1)

87Decision on decrease proposal

(1)The commissioner must consider a decrease proposal received by the commissioner and either—

(a)approve, by a stated number, a decrease in the approved number of gaming machines for the licensed premises of the licensee; or

(b)refuse to approve a decrease in the approved number.

(2)The commissioner may approve a decrease that is less than the decrease sought in a decrease proposal.

(3)If the decrease proposal is a request or report, the commissioner must, before making a decision—

(a)by written notice given to the licensee affected by the proposal—

(i)advise the licensee of the relevant details of the proposal; and

(ii)invite the licensee to give the commissioner a written submission about the proposal within a reasonable time stated in the notice; and

(b)consider any written submission of the licensee received within the stated time.

(4)If the decrease proposal is an application, the commissioner—

(a)must not refuse to approve a decrease if the refusal is likely to impose an unreasonable financial burden on the licensee; and

(b)must not approve a decrease that is greater than the decrease sought in the application.

(5)If the decrease proposal is an application by a category 1 licensee and the decrease is approved under subsection (1)(a), the number of operating authorities for the licensee’s licensed premises that is more than the approved number of gaming machines for the licensed premises must be sold at an authorised sale.

(6)If the decrease proposal is an application by a category 1 licensee, the commissioner may, if asked in writing by the licensee at the time the application is made, approve a decrease conditional on the sale of an operating authority for the licensed premises under the licensee’s gaming machine licence for each gaming machine to be disposed of under the approval.

(7)If an approval is conditional as mentioned in subsection (6), the approval has effect, in relation to each gaming machine to be disposed of under the approval, when an operating authority for the gaming machine is sold.

(8)If the decrease proposal is a request or report relating to category 2 licensed premises, the commissioner may not approve a decrease if the approval is likely to impose an unreasonable financial burden on the licensee.

(9)If the decrease proposal is an application by a category 2 licensee and the decrease is approved under subsection (1)(a), the entitlements for the licensee’s licensed premises that are more in number than the approved number of gaming machines for the licensed premises must be transferred on a permanent basis under part 3B, division 2 within 2 years after the decrease is approved.

(10)If the entitlements mentioned in subsection (9) are not transferred under that subsection, the entitlements become entitlements of the State.

(11)However, if the licensee mentioned in subsection (9) applies to the commissioner under section 109M(1) for an approval of a transfer of the entitlements mentioned in subsection (9) within 2 years after the decrease is approved and the commissioner does not make a decision on the application before the end of that period, subsection (10) does not apply until 14 days after notification of the decision under section 109M.

s 87 prev s 87 ins 1999 No. 8 s 21

pres s 87 sub 2003 No. 41 s 15

amd 2008 No. 2 s 33; 2009 No. 41 s 34; 2012 No. 25 ss 109(1), 110; 2013 No. 25 s 58

88ANotice of decision about decrease proposal

(1)The commissioner must immediately give written notice of a decision under section 87(1) to the licensee if—

(a)the decision relates to an application and is a decision approving a decrease that is equal to the decrease sought in the application; or

(b)the decision relates to a request or report and is a decision refusing to approve a decrease.

(2)The commissioner must immediately give the licensee an information notice for a decision under section 87(1) if—

(a)the decision relates to an application and is a decision—

(i)refusing to approve a decrease; or

(ii)approving a decrease that is less than the decrease sought in the application; or

(b)the decision relates to a request or report and is a decision approving a decrease.

s 88A ins 2003 No. 41 s 15

amd 2012 No. 25 s 109(1); 2013 No. 62 s 11

89Matters to be taken into account for decrease proposal

(1)This section applies to the commissioner in making a decision about a decrease proposal.

(3)The commissioner must have regard to the decrease sought or recommended in the proposal.

(4)Also, the commissioner may have regard to the following matters—

(a)the public interest;

(b)whether or not there are any other licensed premises in close proximity to the licensed premises to which the decrease proposal relates (the subject premises);

(c)the interests of persons using the subject premises;

(d)if the licensee of the subject premises is a category 2 licensee—

(i)the interests of the members of the licensee; and

(ii)whether or not the members have indicated support for a decrease in the approved number of gaming machines for the premises.

s 89 ins 1999 No. 8 s 21

amd 1999 No. 77 s 30; 2003 No. 41 s 16; 2012 No. 25 s 109(1)

90Surrender or disposal of gaming machines on approval of decrease

(1)This section applies if the commissioner approves a decrease in the approved number of gaming machines for licensed premises.

(2)The licensee must, within the required time, dispose of the number of gaming machines stated for the decrease.

(3)For subsection (2), the required time for disposing of the gaming machines is—

(a)the period ending 1 month after the licensee receives notice of the decision approving the decrease; or

(b)if the commissioner extends, or further extends, the period for taking the action, by written notice given to the licensee in the period or extended period—the period as extended.

(4)Despite subsection (3), if the approval for the decrease is conditional on the sale of an operating authority for each gaming machine to be disposed of under the approval, the required time for disposing of a gaming machine in relation to the decrease is the period ending 1 month after the sale of an operating authority for the gaming machine.

(5)The commissioner may give an extension for subsection (3)(b) only if the commissioner considers it is appropriate to take the action in the circumstances of the particular case.

s 90 ins 1999 No. 8 s 21

amd 2000 No. 51 s 44; 2002 No. 43 s 112 sch 2; 2003 No. 41 s 17; 2012 No. 25 s 109(1); 2013 No. 25 s 59; 2013 No. 62 s 12

pt 3 div 10 hdg ins 2000 No. 51 s 45

90AProposals to decrease approved hours of gaming

(1)A licensee may apply to have the approved hours of gaming for licensed premises of the licensee decreased.

(2)An approved authority may request that the approved hours of gaming for licensed premises of a licensee be decreased.

(3)An inspector may make a report—

(a)relating to a material change affecting a licensee that has happened since the licensee was granted a gaming machine licence; and

(b)recommending that the approved hours of gaming for the licensee’s licensed premises be decreased.

(4)An application, request or report must—

(a)be in writing; and

(b)be given to the commissioner; and

(c)state the hours of gaming that would apply to the licensed premises if the decrease were to be approved.

(5)For subsection (3), a change is a material change affecting a licensee if the change is—

(a)a general change of conditions in the neighbourhood in which the licensee’s licensed premises are situated; or

(b)a change in the licensee’s circumstances; or

(c)a change in any of the matters to which the commissioner is authorised to have regard in fixing the hours of gaming for the licensed premises.

Note—

See section 60(3).

s 90A ins 2000 No. 51 s 45

amd 2012 No. 25 ss 109(1), 110

90BConsideration of decrease proposal (hours of gaming)

(1)The commissioner must consider a decrease proposal (hours of gaming) received by the commissioner before approving, or refusing to approve, the proposal.

(2)If the decrease proposal is a request or a report, the commissioner must, in considering the decrease proposal—

(a)by written notice given to the licensee affected by the proposal, advise the licensee of the relevant details of the proposal; and

(b)by the notice, invite the licensee to make a written submission about the proposal within a reasonable time stated in the notice; and

(c)consider any written submission of the licensee received by the commissioner within the time stated in the notice.

(3)Also, in considering the decrease proposal, the commissioner—

(a)must have regard to the decrease sought or recommended in the proposal; and

(b)may have regard to the following matters—

(i)the public interest;

(ii)whether or not there are any other licensed premises in close proximity to the licensed premises to which the decrease proposal relates (the subject premises);

(iii)the interests of persons using the subject premises;

(iv)if the licensee of the subject premises is a category 2 licensee—

(A)the interest of the members of the licensee; and

(B)whether or not the members have indicated support for a decrease in the approved hours of gaming for the premises.

s 90B ins 2000 No. 51 s 45

sub 2012 No. 25 s 66

90CDecision on decrease proposal (hours of gaming)

(1)The commissioner may, in relation to a decrease proposal (hours of gaming)—

(a)approve the proposal without modification; or

(b)modify the proposal and approve the proposal as modified by the commissioner; or

(c)refuse to approve the proposal.

(2)In making the decision, the commissioner must have regard to—

(a)any submission received under section 90B(2)(c); and

(b)the matters the commissioner had regard to in considering the decrease proposal under section 90B.

(3)If the decrease proposal is an application, the commissioner—

(a)must not refuse to approve a decrease if the refusal is likely to impose an unreasonable financial burden on the licensee; and

(b)may not approve a decrease that is greater than the decrease sought in the application.

(4)If the decrease proposal is a request or report, the commissioner may not approve a decrease if the approval is likely to impose an unreasonable financial burden on the licensee.

(5)The commissioner must immediately give written notice of a decision of the commissioner under subsection (1) to the licensee if—

(a)the decision relates to an application and is a decision approving the decrease as sought in the application; or

(b)the decision relates to a request or report and is a decision refusing to approve a decrease.

(6)The commissioner must immediately give the licensee an information notice for a decision of the commissioner under subsection (1) if—

(a)the decision relates to an application and is a decision—

(i)refusing to approve a decrease; or

(ii)approving a decrease that differs from the decrease sought in the application; or

(b)the decision relates to a request or report and is a decision approving a decrease.

s 90C ins 2000 No. 51 s 45

sub 2012 No. 25 s 66

pt 3 div 11 hdg ins 2000 No. 51 s 45

91Relocation of gaming machine areas

(1)A licensee must not relocate the gaming machine areas of licensed premises of the licensee without the approval of the commissioner.

Maximum penalty—40 penalty units.

(2)An application for approval must be—

(a)in the approved form; and

(b)given to the commissioner; and

(c)accompanied by a plan of the premises showing the proposed locations on the premises where it is intended to install gaming machines.

(3)Where—

(a)the commissioner approves a decrease in the approved number of gaming machines for licensed premises; or

(b)the commissioner considers that it is necessary for the proper conduct of gaming that the gaming machine areas of licensed premises be relocated;

the commissioner may, by written notice, direct the licensee to relocate the gaming machine areas of the licensee’s licensed premises in accordance with the direction.

(4)The licensee must comply with the commissioner’s direction.

Maximum penalty—200 penalty units.

(5)The commissioner may before—

(a)granting an approval under subsection (1); or

(b)giving a direction under subsection (3);

require the licensee to furnish such information as the commissioner considers appropriate, and the licensee must comply with the requirement.

Maximum penalty—200 penalty units.

(6)The commissioner, having regard to—

(a)the size, layout and facilities of the licensee’s licensed premises; and

(b)such other matters as the commissioner considers are relevant;

may grant or refuse to grant an application under subsection (1).

(7)On and from the date of completion of any relocation approved or directed under this section, the gaming machine areas of a licensed premises for all purposes are as so relocated.

(8)If an application under subsection (1) is refused, the commissioner must immediately give the applicant written notice of, and the reasons for, the decision.

s 91 amd 1992 No. 35 s 8, sch; 1993 No. 63 s 2 sch; 1997 No. 24 s 61 sch; 1998 No. 11 s 10; 1999 No. 8 s 22; 1999 No. 77 s 31; 2002 No. 43 s 50; 2012 No. 25 ss 109(1), 110

pt 3 div 11A hdg ins 2002 No. 43s 51

91ACeasing gaming at licensed premises

(1)This section applies to a category 2 licensee if—

(a)additional premises have been approved under section 63(1) for the licence; and

(b)the licensee ceases the conduct of gaming on any licensed premises under the licence.

(2)The licensee must, immediately after ceasing the conduct of gaming on the licensed premises, give the commissioner—

(a)the licence; and

(b)a written notice stating—

(i)the day the conduct of gaming ceased; and

(ii)details of the licensed premises on which the conduct of gaming ceased.

Maximum penalty—40 penalty units.

(3)All entitlements for the licensed premises on which the conduct of gaming has ceased must be transferred on a permanent basis under part 3B, division 2 within 2 years after the licensee ceases the conduct of gaming on the licensed premises.

(4)If the entitlements are not transferred on a permanent basis under part 3B, division 2 within the time mentioned in subsection (3), the entitlements become entitlements of the State.

(5)However, if the licensee applies to the commissioner under section 109M(1) for an approval of a transfer of the entitlements within 2 years after the licensee ceases the conduct of gaming and the commissioner does not make a decision on the application before the end of that period, subsection (4) does not apply until 14 days after notification of the decision under section 109M.

(6)Subsection (7) applies if—

(a)a category 2 licensee ceases the conduct of gaming on any licensed premises under the licensee’s licence; and

(b)at the time the licensee ceases the conduct of gaming, either—

(i)one or more of the endorsed number of entitlements for the licensed premises have been transferred to the licensee of other licensed premises on a temporary basis under part 3B, division 3; or

(ii)one or more entitlements for other licensed premises have been transferred to the licensee on a temporary basis under part 3B, division 3.

(7)The temporary transfer of the entitlements ends on the day the licensee ceases the conduct of gaming.

s 91A ins 2002 No. 43 s 51

amd 2009 No. 41 s 35; 2012 No. 25 ss 109(1), 110; 2013 No. 25 s 60

91BCommissioner may amend or replace licence

(1)On receiving the licence, the commissioner must—

(a)amend the licence to show the licensed premises on which the conduct of gaming may take place under the licence; or

(b)issue a replacement licence, showing the licensed premises on which the conduct of gaming may take place under the licence.

(2)As soon as practicable after amending or replacing a licence under subsection (1), the commissioner must give the licensee the amended or replacement licence.

s 91B ins 2002 No. 43 s 51

amd 2012 No. 25 s 109

91CDealing with gaming machines on ceasing the conduct of gaming

(1)A licensee who gives notice under section 91A(2)(b) must dispose of the gaming machines that are on the licensed premises mentioned in the notice—

(a)within 1 month after giving the notice; or

(b)if the commissioner extends, or further extends, the period for the disposal by written notice given to the licensee in the period or extended period—within the period as extended.

Maximum penalty—200 penalty units.

(2)The commissioner may give the licensee a notice extending the period if the commissioner is satisfied it would be reasonable in all the circumstances to give the extension.

(3)Also, the commissioner must, as soon as practicable after receiving a notice under section 91A(2)(b), give written notice of the ceasing of the conduct of gaming to each licensed monitoring operator the commissioner believes is supplying basic monitoring services to the licensee.

s 91C ins 2002 No. 43 s 51

amd 2012 No. 25 s 109(1); 2013 No. 62 s 13

pt 3 div 12 hdg ins 2000 No. 51 s 46

92Disclosure of influential or benefiting parties

(1)An applicant for a gaming machine licence, or a licensee who makes an additional premises application, must, at the time of making the application, give the commissioner an affidavit under this section.

(2)An applicant or licensee who undergoes any change in circumstances in relation to information contained in the last affidavit forwarded or lodged under this section by the applicant or licensee must, within 7 days of the change, forward to or lodge with the commissioner a fresh affidavit made under this section.

Maximum penalty—100 penalty units.

(3)An affidavit under this section is to be made by—

(a)if the applicant or licensee is an individual—the applicant; or

(b)if the applicant or licensee is a body corporate—

(i)the principal executive officer of the body corporate; or

(ii)if that officer does not have knowledge of the facts—some other person who has knowledge of the facts and who is authorised by the body corporate to make the affidavit.

(4)An affidavit under this section is to be in the approved form and must disclose—

(a)whether or not there is any person (other than, where the applicant or licensee is a body corporate, the secretary, an executive officer, a member or shareholder of the body corporate carrying out the duties or exercising the normal rights the person has as such secretary, executive officer, member or shareholder) who will by any lease, agreement or arrangement be able to influence any decision made—

(i)if the applicant or licensee is an individual—by the applicant; or

(ii)if the applicant or licensee is a body corporate—by the body corporate, or the secretary or an executive officer of the body corporate;

in relation to the conduct of gaming by the applicant or licensee; and

(b)whether or not there is any person other than the applicant or licensee who by any lease, agreement or arrangement may expect any benefit from the applicant or licensee in relation to the conduct of gaming by the applicant or licensee; and

(c)if there are any persons able to influence as referred to in paragraph (a) or expect benefit as referred to in paragraph (b)—

(i)where any such person is an individual—the person’s full name, address and date of birth; and

(ii)where any such person is a body corporate other than a club—the name of the body corporate and the full name, address and date of birth of the secretary and each executive officer of the body corporate; and

(iii)where any such person is a club or other voluntary association of persons—

(A)the name of the club or voluntary association of persons; and

(B)the full name, address and date of birth of the secretary and each executive officer of the club or voluntary association of persons; and

(C)particulars of any liquor licence held by the club or voluntary association of persons; and

(D)details of the objectives (if any) of the club or voluntary association of persons and whether or not the club is a non-proprietary club or the voluntary association of persons conducts its business in the same way as a non-proprietary club; and

(iv)full and correct particulars of the lease, agreement or arrangement; and

(d)in the case of the applicant or licensee being a body corporate other than a club—the names of all persons who have a substantial holding in the body corporate.

(5)Despite subsection (4), an affidavit under this section need not disclose anything that is prescribed for the purposes of this subsection.

s 92 amd 1992 No. 35 sch; 1995 No. 58 s 4 sch 1; 1997 No. 24 s 61 sch; 1999 No. 8 s 23; 1999 No. 77 s 156; 2001 No. 45 s 29 sch 3; 2012 No. 25 s 109(1); 2013 No. 25 s 61

93Investigation of licensees and associates

(1)At any time while a gaming machine licence is in force the commissioner may cause to be undertaken such investigations as the commissioner considers are necessary in order to be satisfied that the licensee or any associate of the licensee is a suitable person to be a licensee or an associate of the licensee.

(2)The commissioner may, either verbally or by written notice, require any person, to whom investigations under subsection (1) relate, to submit such information or material as the commissioner considers is necessary.

(3)The person must comply with the commissioner’s requirement under subsection (2).

Maximum penalty for subsection (3)—200 penalty units.

s 93 amd 1992 No. 35 sch; 1997 No. 24 s 61 sch; 1999 No. 77 s 155; 2012 No. 25 s 109(1)

94Change to secretary or executive officer of body corporate

(1)This section applies to a body corporate that is—

(a)an applicant under section 56; or

(b)a category 1 licensee that also holds a liquor licence for which a fee is payable for a licence period under the Liquor Act 1992; or

(c)a category 2 licensee that is required, under section 304, to give a copy of an audit report to the commissioner.

(2)The body corporate must—

(a)for a body corporate mentioned in subsection (1)(a)—notify the commissioner of a management change within 7 days after the change happens; or

(b)for a body corporate mentioned in subsection (1)(b)—notify the commissioner of any management change for a licence period when the fee for the licence period is paid; or

(c)for a body corporate mentioned in subsection (1)(c)—notify the commissioner of any management change for the period to which an audit report relates, when a copy of the audit report is given to the commissioner under section 304.

Maximum penalty—40 penalty units.

(3)The notice must—

(a)be in the approved form; and

(b)include the full name, address and date of birth of any person commencing as, or ceasing to be, the secretary or an executive officer of the body corporate.

(4)In this section—

licence period see the Liquor Act 1992, section 4.

management change, for a body corporate, means—

(a)a person ceasing to be the secretary or an executive officer of the body corporate; or

(b)a person commencing as the secretary or an executive officer of the body corporate.

s 94 amd 1992 No. 35 sch; 1997 No. 24 s 61 sch; 1999 No. 77 s 157; 2002 No. 43 s 112 sch 2; 2012 No. 25 s 109(1)

sub 2013 No. 25 s 62

pt 3 div 13 hdg ins 2000 No. 51s 47

95Surrender of gaming machine licences

(1)A licensee, at any time, may surrender the licensee’s gaming machine licence by giving the commissioner—

(a)a notification in the approved form; and

(b)the gaming machine licence, unless the surrender is by a category 1 licensee and is conditional on the sale of the licensee’s operating authorities.

(2)The notification is to be signed in the same way as that specified for an application made under section 56(5)(b) or (c).

(2A)If a category 1 licensee surrenders the licensee’s gaming machine licence, all operating authorities for the licensed premises under the licence must be sold at an authorised sale.

(2B)If the licensee is a category 1 licensee, the notification under subsection (1) may state the surrender is conditional on the sale of the licensee’s operating authorities for the licensed premises under the licence.

(2C)If the notification states the surrender is conditional on the sale of the licensee’s operating authorities, the licensee must give the licence to the commissioner immediately after the licensee is aware all the operating authorities have been sold.

Maximum penalty—40 penalty units.

(2D)If a category 2 licensee surrenders the licensee’s gaming machine licence, all entitlements for the licensed premises under the licence must be transferred on a permanent basis under part 3B, division 2 within 2 years after the surrender.

(2E)If the entitlements mentioned in subsection (2D) are not transferred on a permanent basis under part 3B, division 2 within the time mentioned in that subsection, the entitlements become entitlements of the State.

(2F)However, if the licensee mentioned in subsection (2D) applies to the commissioner under section 109M(1) for an approval of a transfer of the entitlements mentioned in subsection (2D) within 2 years after the surrender and the commissioner does not make a decision on the application before the end of that period, subsection (2E) does not apply until 14 days after notification of the decision under section 109M.

(2G)Subsection (2H) applies if—

(a)a category 2 licensee surrenders the licensee’s gaming machine licence; and

(b)either—

(i)one or more of the endorsed number of entitlements for the licensed premises have been transferred to the licensee of other licensed premises on a temporary basis under part 3B, division 3; or

(ii)one or more entitlements for other licensed premises have been transferred to the licensee on a temporary basis under part 3B, division 3.

(2H)The temporary transfers of the entitlements end on the day the licence is surrendered.

(3)The commissioner may require the licensee to submit such information or material as the commissioner thinks fit.

(4)The licensee must comply with the commissioner’s requirement under subsection (3).

Maximum penalty—200 penalty units.

(6)The commissioner must, as soon as practicable after receiving the documents mentioned in subsection (1), give written notice of the notification of surrender to any licensed monitoring operator the commissioner believes is supplying basic monitoring services to the licensee.

(8)Subject to subsection (8A), a licensee who gives a notification under subsection (1)(a) must dispose of the gaming machines that are on the licensed premises—

(a)within 1 month after giving the notification; or

(b)if the commissioner extends, or further extends, the period for the disposal, by written notice given to the licensee in the period or extended period—within the period as extended.

Maximum penalty—200 penalty units.

(8A)If the surrender of a gaming machine licence is conditional on the sale of the licensee’s operating authorities, the licensee must, within 1 month after each sale of operating authorities for the licensed premises under the licence, dispose of the number of gaming machines equal to the number of operating authorities sold.

Maximum penalty—200 penalty units.

(9)The commissioner may give an extension for subsection (8)(b) only if the commissioner considers it is appropriate to take the action in the circumstances of the particular case.

(10)The surrender of the gaming machine licence takes effect on the nominated day for the surrender of the licence.

(11)In this section—

nominated day, for the surrender of a gaming machine licence, means—

(a)

if paragraph (b) or (c) does not apply—the day (the set day) that is 3 months after the notification of surrender is given; or

(b)if a day of effect that is later than the set day is stated in the notification of surrender—the day stated in the notification; or

(c)if, at the request of the licensee, the commissioner, by written notice, approves a day of effect that is earlier than the set day—the day approved by the commissioner.

s 95 amd 1992 No. 35 sch; 1993 No. 63 s 2 sch; 1995 No. 58 s 4 sch 1; 1997 No. 24 s 61 sch; 1999 No. 8 s 24; 1999 No. 77 s 3 sch 1; 2000 No. 51 s 48; 2002 No. 43 ss 52, 111–112 schs 1–2; 2003 No. 41 s 18; 2009 No. 41 s 36; 2012 No. 25 ss 109(1), 110; 2013 No. 25 s 63; 2013 No. 62 s 14

95ASurrender of gaming machine licence being replaced—category 1 licensed premises

(1)This section applies if the commissioner has decided—

(a)to grant an application mentioned in section 56A for a new gaming machine licence (a new licence) for other premises (the new premises) in place of a licence being surrendered under section 95 (an old licence); and

(b)to transfer some or all of the operating authorities for the premises to which the old licence relates to the new premises.

(2)Section 95(2A) to (2C), (3), (4), (6) and (8) to (11) applies in the following way if all of the operating authorities are being transferred to the new premises—

(a)subsections (2A) to (2C) do not apply to the operating authorities;

(b)subsections (3) and (4) apply in relation to the surrender;

(c)subsections (6), (8) to (9) do not apply to the gaming machines that may, under the new licence, be installed on the new premises but do apply to any gaming machines that may not be installed on the new premises under that licence;

(d)despite subsections (10) and (11), the surrender has effect when the new licence is issued by the commissioner under section 68.

(3)Section 95(2A) to (2C), (3), (4), (6) and (8) to (11) applies in the following way if only some of the operating authorities are being transferred to the new premises—

(a)subsections (2A) to (2C) apply only to the operating authorities not being transferred;

(b)subsections (3) and (4) apply in relation to the surrender;

(c)subsections (6), (8) to (9) apply only to the gaming machines not being installed on the new premises;

(d)despite subsections (10) and (11), the surrender has effect when the new licence is issued by the commissioner under section 68.

s 95A ins 2007 No. 42 s 38

amd 2009 No. 41 s 37; 2012 No. 25 ss 109(1), 110; 2013 No. 62 s 15

95BSurrender of gaming machine licence being replaced—category 2 licensed premises

(1)This section applies if the commissioner has decided to grant an application mentioned in section 56B(1) or (2) for a new gaming machine licence (a new licence) in place of a licence being surrendered under section 95.

(2)Section 95(2D) to (4), (6) and (8) to (11) applies in the following way—

(a)subsections (2D) to (2F) do not apply;

(b)subsections (3) and (4) apply in relation to the surrender;

(c)subsections (6), (8) to (9) do not apply;

(d)despite subsections (10) and (11), the surrender has effect when the new licence is issued by the commissioner under section 68.

s 95B ins 2009 No. 41 s 38

amd 2012 No. 25 ss 109(1), 110; 2013 No. 62 s 16

96Action affecting gaming machine licences based on action affecting liquor licences

(1)If a liquor licence is cancelled, transferred or surrendered, any associated gaming licence is cancelled.

(1A)However, an associated gaming licence is not taken to be cancelled under subsection (1) if—

(a)the commercial special facility licence for the associated gaming licence is surrendered merely because the licensee for the associated gaming licence is issued with a commercial hotel licence for the associated gaming licence; or

(b)the commercial hotel licence for the associated gaming licence is surrendered merely because the licensee for the associated gaming licence is issued with a commercial special facility licence for the associated gaming licence.

(2)If a liquor licence is suspended, any associated gaming licence is suspended for the same period as the liquor licence is suspended.

(3)However, if an associated gaming licence relates to 2 or more premises, subsections (1) and (2) apply to the licence only to the extent it relates to the premises to which the liquor licence relates or related.

(4)If the premises to which a liquor licence relates (the subject premises) are taken to be unlicensed premises under the Liquor Act 1992 and there is an associated gaming licence for the liquor licence, the premises, or the part of the premises to which the associated gaming licence relates, are taken not to be licensed premises under this Act for the same period as the subject premises are taken to be unlicensed premises under the Liquor Act 1992.

(5)In this section—

associated gaming licence, for a liquor licence, means a gaming machine licence for the premises, or a part of the premises, to which the liquor licence relates.

s 96 sub 1992 No. 35s 9

amd 1993 No. 63s 2 sch

sub 1999 No. 8s 25

amd 2003 No. 41 ss 19, 3 sch; 2008 No. 2s 34; 2008 No. 48s 59(1) sch

97Cancellation or suspension of gaming machine licences and letters of censure

(1)A ground for cancellation or suspension of a gaming machine licence arises if—

(a)the licensee—

(i)ceases to use the licensed premises for the conduct of gaming; or

(ii)obtained the licence on false, erroneous or misleading information; or

(iii)acquires, installs, locates, relocates or uses any gaming machine on the licensed premises contrary to this Act; or

(iv)fails to comply with any provision of part 9; or

(v)fails to comply with any condition to which the licence is subject under section 73; or

(vi)fails to forward or lodge an affidavit in accordance with section 92(2); or

(vii)fails to take all reasonable steps to establish and maintain satisfactory controls, and administrative and accounting procedures, for the conduct of gaming in carrying on the licensee’s operations; or

(b)the licensee or an associate of the licensee—

(i)is convicted of an offence against this Act; or

(ii)fails to discharge the licensee’s or associate’s financial commitments, becomes bankrupt or compounds with creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or

(iii)is affected by control action under the Corporations Act; or

(iv)is convicted of an indictable offence punishable by imprisonment for 1 year or more (irrespective of whether the offence is also punishable by a fine in addition, or as an alternative, to imprisonment); or

(v)is required to comply with any written direction given to the licensee or associate by the commissioner, and fails to comply with the direction; or

(vi)is required under this Act to supply information or material to the commissioner or an inspector, and fails to supply the information or material or supplies information or material that to the knowledge of the licensee or associate is false, erroneous or misleading in a material particular; or

(vii)contravenes a provision of this Act (not being a provision a contravention of which is an offence against this Act, or a provision imposing a requirement of a kind mentioned in subparagraph (v) or (vi)); or

(c)the commissioner—

(i)considers that the licensee has not made all reasonable efforts to comply with section 261A(1); or

(ia)considers that the licensee has contravened section 80B or 109C; or

(ii)considers that the licensee has not made all reasonable efforts to enforce rules required to be enforced under section 237; or

(iii)considers that the licensee or an associate of the licensee is not a fit and proper person in respect of financial stability, general reputation, character or business reputation to be a licensee or to be an associate of the licensee; or

(iv)becomes aware of any information or matter that, had it been known when the application for the licence was being considered, the commissioner is of the opinion that the licence would have been refused; or

(v)if the licensee is a category 2 licensee—considers—

(A)that the licensee has ceased to be a non-proprietary club; or

(B)that the proceeds from the conduct of gaming are being applied in a way that does not promote the objectives of the licensee; or

(C)that the licensee has not been pursuing its objects or purposes in good faith; or

(D)that payments made under the licensee’s objects are not in the best interests of the licensee’s members; or

(E)that payments made for things purchased by the licensee are unreasonable; or

(F)that salaries, wages, allowances or benefits paid or payable by the licensee to the licensee’s executive officers or employees are unreasonable; or

(G)that payments for services provided to the licensee are unreasonable or are on the basis of a percentage of the licensee’s income, profits or earnings from the conduct of gaming or spending related to the conduct of gaming; or

(H)that a matter mentioned in a paragraph of section 58(6) (other than paragraph (a)) exists in relation to the licensee.

(2)If the commissioner is of the opinion that any act, omission or other thing that constitutes a ground under subsection (1) is of such a serious nature that the integrity of gaming or the conduct of gaming may be jeopardised or the public interest may be adversely affected, the commissioner must issue to the licensee a written notice to show cause why action should not be taken with respect to the gaming machine licence under this section.

Note—

Under section 98 the commissioner may immediately suspend a licensee’s gaming machine licence.

(3)The commissioner must give a copy of the notice to show cause to each person the commissioner believes is an interested person of the licensee.

(4)Also, the commissioner may, by the notice to show cause—

(a)require the licensee, within the period stated in the notice, to give a copy of the notice to each interested person of the licensee (other than an interested person to whom a copy of the notice is given under subsection (3)); and

(b)if the commissioner considers it appropriate—require the licensee to give the copy in the way the commissioner considers appropriate.

(5)The notice to show cause is to set out the grounds giving rise to its issue and is to specify a date, being not earlier than 21 days after such issue, on or before which cause is required to be shown.

(6)The notice to show cause is to be in such form and contain such matters as the commissioner thinks fit, subject to this section.

(7)If the commissioner makes a requirement of the licensee under subsection (4)(a) about an indirectly interested person of the licensee, the commissioner may, at the licensee’s request, by written notice given to the licensee, designate the person to be an excluded interested person for the licensee.

(8)However, the commissioner may designate a person to be an excluded interested person for the licensee only if the commissioner considers it would not be appropriate, or would be unreasonable, in the circumstances to require the licensee to give a copy of the notice to show cause to the person, having regard to the following issues—

(a)the nature of the person’s interest;

(b)the likelihood of the person’s interest not being affected adversely by a suspension or cancellation of the gaming machine licence;

(c)the likelihood of the licensee’s interest being improperly prejudiced;

(d)another issue the commissioner considers relevant.

(9)If a requirement is made of the licensee under subsection (4), the licensee must comply with the requirement, unless—

(a)the licensee has a reasonable excuse; or

(b)the interested person to whom the requirement relates is an excluded interested person for the licensee.

Maximum penalty—40 penalty units.

(10)Each person to whom the notice to show cause is issued may give a written answer to the commissioner at any time not later than the date specified in the notice in that respect.

(11)Any person to whom a copy of the notice to show cause is given, or is required to be given, under this section may make such written submissions to the commissioner as the person thinks fit at any time not later than the date specified under subsection (5).

(12)The commissioner is to consider any answers given in reply to the notice to show cause and any submissions made under subsection (11) and, if the commissioner considers that—

(a)satisfactory answers are given or submissions made in reply to or in respect of the notice, the commissioner is not to take any action or any further action in relation to the notice and, by written notice, is to advise the licensee accordingly; or

(b)answers given or submissions made in reply to or in respect of the notice are not satisfactory but action to cancel or suspend the gaming machine licence is not warranted, the commissioner may issue a letter of censure to the licensee, censuring the licensee in respect of any matter connected with or giving rise to the notice to show cause; or

(c)answers given or submissions made in reply to or in respect of the notice are not satisfactory and further action is warranted or if no answers are given and no submissions are made, the commissioner may—

(i)by written notice give such directions to the licensee as the commissioner considers appropriate to ensure that any matter connected with or giving rise to the issue of the notice is rectified within the time specified in the notice; or

(ii)either—

(A)cancel the gaming machine licence; or

(B)suspend the gaming machine licence for the period the commissioner considers appropriate.

(13)If a direction given by the commissioner under subsection (12)(c)(i) is not complied with within the time specified in the notice, the commissioner may—

(a)cancel the gaming machine licence; or

(b)suspend the gaming machine licence for the period the commissioner considers appropriate.

(14)If the commissioner is of the opinion that any act, omission or other thing that constitutes a ground under subsection (1) is not of such a serious nature that the integrity of gaming or the conduct of gaming may be jeopardised or the public interest may be adversely affected, the commissioner may by letter censure the licensee in respect of any matter connected with or giving rise to the ground.

(15)If the commissioner cancels or suspends a licence, the commissioner must immediately give the licensee an information notice for the decision to cancel or suspend the licence.

(16)The cancellation or suspension of a licence under this section takes effect from the date of the issue of the notice under subsection (15) or from another date specified in the notice.

(17)Upon receipt of a notice of cancellation under subsection (15), the person to whom the notice is addressed must cause the licence to be delivered to the commissioner within 14 days.

Maximum penalty—40 penalty units.

(18)If the commissioner suspends a gaming machine licence under subsection (12)(c)(ii) or (13), the commissioner may—

(a)cancel the suspension in respect of the unexpired period of suspension; or

(b)reduce the period of suspension.

(19)In the application of subsection (1)(c)(v)(H) to a category 2 licensee, a reference in a paragraph of section 58(4) to a club that is an applicant for a gaming machine licence is taken to be a reference to the licensee.

(20)In this section—

directly interested person, for a licensee, means—

(a)an approved financier with whom the licensee has entered into an agreement or arrangement relating to operations conducted by the licensee under the licensee’s gaming machine licence; or

(b)a secured creditor of the licensee; or

(c)for a category 2 licensee—a member of the licensee; or

(d)for a category 2 licensee who transfers entitlements on a temporary basis under part 3B, division 3—the licensee to whom the entitlements are transferred; or

(e)for a category 2 licensee to whom entitlements are transferred on a temporary basis under part 3B, division 3—the licensee who transfers the entitlements.

excluded interested person, for a licensee, means an indirectly interested person of the licensee designated by the commissioner to be an excluded interested person for the licensee.

indirectly interested person, for a licensee, means a person the licensee knows, or ought reasonably to know, has an interest in the licensee’s gaming machine licence, but does not include a directly interested person of the licensee.

interested person, for a licensee, means a directly or indirectly interested person of the licensee.

s 97 amd 1992 No. 35 sch; 1993 No. 63 ss 8, 2 sch; 1994 No. 87s 3sch 1; 1997 No. 24s 61 sch; 1997 No. 81s 3 sch; 1999 No. 8 s 26; 1999 No. 77 s 32; 2000 No. 51 s 49; 2001 No. 45 s 29 sch 3; 2002 No. 43 s 53; 2003 No. 41 s 20; 2004 No. 21 s 123 sch; 2009 No. 41 s 39; 2009 No. 24 s 559A (amd 2009 No. 48 s 97); 2012 No. 25 s 67; 2013 No. 25 s 64

98Immediate suspension of gaming machine licence

(1)If the commissioner is of the opinion that any act, omission or other thing that constitutes a ground under section 97(1) is of such a serious nature that the integrity of gaming or the conduct of gaming is jeopardised or the public interest is adversely affected, the commissioner may suspend the gaming machine licence.

(2)If the commissioner suspends a gaming machine licence under subsection (1), the commissioner must immediately give the licensee an information notice for the decision to suspend the licence.

(3)The suspension of a gaming machine licence under this section takes effect from when the notice referred to in subsection (2) is given to the licensee or the suspension of the licence is made known to the licensee (whichever is the first to happen).

(4)The suspension of a gaming machine licence under this section continues to have effect until the notice to show cause issued to the licensee under section 97(2) is finally dealt with.

s 98 amd 1993 No. 63 s 2 sch; 1997 No. 24 s 61 sch; 1999 No. 8 s 27; 2002 No. 43 s 54; 2012 No. 25 s 68

99Suspension of gaming machine licence for non-payment of gaming machine tax, levy or penalty

(1)This section applies if the amount (the required amount) a licensee is, under section 317(1), required to ensure is received by the commissioner for a month is not received by the commissioner on or before the due date for payment of the amount.

(2)This section also applies if the amount of an instalment (also the required amount) a licensee is, because of a direction given to the licensee under section 317(2), required to ensure is received by the commissioner is not received by the commissioner on or before the due date for payment of the amount.

(3)The commissioner may suspend the licensee’s gaming machine licence.

(4)The suspension—

(a)must be effected by written notice (a suspension notice) given to the licensee with a notice to show cause (an associated show cause notice) issued to the licensee under section 97(2); and

(b)operates immediately the suspension notice is given; and

(c)continues to operate until the associated show cause notice is finally dealt with.

(4A)The suspension notice must be accompanied by an information notice for the decision to suspend the licence.

(5)The associated show cause notice must be a notice for which the ground for cancellation or suspension on which the notice is based is the ground that the licensee has failed to comply with section 317, and the ground must relate to the same omission as the suspension under subsection (3) relates.

(6)Despite subsection (4)(c), if, before the associated show cause notice is finally dealt with, the outstanding amount for the required amount is received by the commissioner, or arrangements for payment of the outstanding amount satisfactory to the commissioner are entered into between the commissioner and licensee, the suspension of the gaming machine licence is cancelled.

(7)The cancellation of a suspension under subsection (6) takes effect on receipt by the commissioner of the outstanding amount, or the entering into of the arrangements for payment of the outstanding amount.

(8)In this section—

due date for payment, for the required amount mentioned in subsection (1), means—

(a)the day on or before which the amount is, under section 317(1), required to be received by the commissioner; or

(b)if the commissioner, by written notice given to the licensee before the day mentioned in paragraph (a), fixes a later day—the later day fixed by the commissioner.

due date for payment, for the required amount mentioned in subsection (2), means—

(a)the day on or before which the amount is, under the direction, required to be received by the commissioner; or

(b)if the commissioner, by written notice given to the licensee before the day mentioned in paragraph (a), fixes a later day—the later day fixed by the commissioner.

outstanding amount, for the required amount, means the difference between the required amount and any amount received under section 317(1) by the commissioner, on or before the due date for payment of the required amount.

s 99 ins 1999 No. 8 s 28

amd 2002 No. 43 s 55; 2008 No. 2 s 35; 2012 No. 25 s 109(1)

100Effect of suspension of licence

The suspension of a gaming machine licence under section 96, 97(12) or (13) or 98(1) has the same effect as the cancellation of the licence but without prejudice to—

(a)any penalty or other liability incurred by the licensee; or

(b)the exercise of the powers or authorities of the commissioner or an inspector.

s 100 amd 1997 No. 24 s 61 sch; 1999 No. 8 s 29; 2012 No. 25 s 69

101Notices to interested persons

(1)This section applies if the commissioner—

(a)is required, under section 97(12)(a), not to take any action or any further action about a notice to show cause issued to a licensee under section 97(2); or

(b)issues a letter of censure to a licensee under section 97(12)(b); or

(c)gives directions to a licensee under section 97(12)(c); or

(d)cancels or suspends a gaming machine licence under section 97(12)(c) or (13); or

(e)suspends a gaming machine licence under section 98(1); or

(f)suspends a gaming machine licence under section 99(3).

(2)As soon as practicable after an event mentioned in subsection (1) happens, the commissioner must give written notice of the event to each person to whom the commissioner gave a copy of the relevant notice to show cause under section 97(3).

(3)Also, the licensee must, within 7 days after receiving a show cause result notice for an event mentioned in subsection (1), give a copy of the notice to each person to whom the licensee gave, or was required to give, a copy of the relevant notice to show cause because of a requirement under section 97(4).

Maximum penalty—40 penalty units.

(4)For subsections (2) and (3), an event for subsection (1)(a) is taken to be the arising of a requirement mentioned in the paragraph.

(5)In this section—

show cause result notice means—

(a)a written notice given by the commissioner advising of—

(i)the arising of a requirement mentioned in subsection (1)(a); or

(ii)the taking of action mentioned in subsection (1)(d), (e) or (f); or

(b)a letter of censure mentioned in subsection (1)(b); or

(c)the notice by which a direction mentioned in subsection (1)(c) is given.

s 101 ins 1999 No. 8 s 30

amd 2012 No. 25 s 70

102Gaming machines not to be played

Where a gaming machine licence is issued to a person and the licence is not in force, that person must not play, or knowingly permit any other person to play, gaming machines provided to that person.

Maximum penalty—1000 penalty units or 5 years imprisonment.

s 102 amd 1992 No. 35 sch

103Amounts payable under gaming machine licence that ceases to have effect

The cancellation or surrender of a gaming machine licence does not affect—

(a)the force or effect of the conditions of licence in respect of any amounts that are payable at the time of cancellation, surrender or non-renewal or which become payable; or

(b)the recovery of debts due under this Act to the Crown.

s 103 amd 1992 No. 35 sch; 1997 No. 81 s 3 sch; 1999 No. 8 s 31; 2013 No. 25 s 65

104Disposal of gaming machines on cancellation of gaming machine licence

(1)This section applies if a gaming machine licence is cancelled.

(2)The person to whom the information notice for the decision to cancel the licence was given under section 97(15) must dispose of the gaming machines that are on the premises to which the licence related—

(a)within 1 month after receiving the notice; or

(b)if the commissioner extends, or further extends, the period for the disposal, by written notice given to the person in the period or extended period—within the period as extended.

Maximum penalty—200 penalty units.

(3)The commissioner may give an extension for subsection (2)(b) only if the commissioner considers it is appropriate to take the action in the circumstances of the particular case.

s 104 ins 1999 No. 8 s 32

amd 1999 No. 77 s 3 sch 1; 2000 No. 51 s 50; 2002 No. 43 s 56; 2012 No. 25 s 109(1); 2013 No. 25 s 66; 2013 No. 62 s 17

105Destruction of fingerprints

If a person who is an individual ceases to be a licensee, the commissioner must have any fingerprints of the person taken for the application for the gaming machine licence destroyed as soon as practicable.

s 105 ins 1999 No. 8 s 32

amd 2012 No. 25 s 109(1)

106Appointment of administrator instead of suspension

(1)Without derogating from section 97 or 98, the commissioner may, in respect of a category 2 licensee, instead of suspending a gaming machine licence under section 97(12) or (13) or 98(1), appoint a person to administer the affairs of the licensee.

(2)A person appointed under subsection (1) has, to the exclusion of any other person or body of persons, the powers of the secretary and executive officers of the licensee until the commissioner orders otherwise.

(3)This section and sections 107 and 108 apply despite the Corporations Act.

s 106 amd 1999 No. 8 s 33; 1999 No. 77 s 33; 2001 No. 45 s 29 schs 2–3; 2012 No. 25 ss 71, 110

107Expenses of administration

(1)The expenses of and incidental to the administration of the affairs of a category 2 licensee by a person appointed under section 106 are payable by the licensee.

(2)The remuneration of a person so appointed is an expense referred to in subsection (1) and is to be fixed by the commissioner.

s 107 amd 1999 No. 77 s 34; 2012 No. 25 s 110

108Liability for losses incurred during administration

(1)A person appointed by the commissioner to administer the affairs of a category 2 licensee is not liable for any loss incurred by the licensee during the person’s term of office unless the loss was attributable to the person’s—

(a)wilful misconduct; or

(b)gross negligence; or

(c)wilful failure to comply with any provision of this Act.

(2)Neither the Crown nor the commissioner is liable for any loss incurred by a category 2 licensee during the term of office of a person appointed under section 106 to administer the affairs of the licensee, whether or not the person is liable.

s 108 amd 1999 No. 77 s 35; 2012 No. 25 s 110

109Special authorisation to conduct gaming

(1)This section applies if—

(a)a person holds licences under the Liquor Act 1992 and this Act for the same premises; and

(b)a person applies under the Liquor Act 1992, part 5, division 2 for authorisation to conduct the business of a licensee under that Act on the premises.

(2)The applicant must give a copy of the application to the commissioner.

(3)If a person (the substitute licensee) is authorised under the Liquor Act 1992, part 5, division 2 to conduct the business of a licensee under that Act on the premises, the commissioner may grant a concurrent authorisation to the substitute licensee under this section.

Note—

See the Liquor Act 1992, section 131A (Decision by commissioner on application to continue trading in certain circumstances).

(4)While an authorisation under this section remains in force, the substitute licensee—

(a)is authorised to conduct gaming on the licensed premises as if the substitute licensee were the licensee under the gaming machine licence; and

(b)is subject to all the liabilities of the licensee under the gaming machine licence.

(5)An authorisation under this section is terminated if—

(a)the commissioner gives written notice of termination to the substitute licensee; or

(b)the authorisation under the Liquor Act 1992 is revoked or comes to an end.

s 109 sub 1992 No. 35 s 10

amd 1993 No. 63 s 9

sub 2000 No. 51 s 51

amd 2012 No. 25 s 109(1)

pt 3A hdg ins 2003 No. 41 s 21

109ALimit on number of operating authorities

(1)The maximum number of operating authorities under this Act is the number prescribed under a regulation.

(2)For this Act, operating authorities of the number prescribed under subsection (1) are declared to exist.

(3)Subsection (4) applies if the Minister intends to recommend to the Governor in Council the making of a regulation that will change the maximum number of operating authorities to a number that is greater than the number prescribed under the first regulation made under subsection (1).

(4)Before making the recommendation, the Minister must have regard to whether the population of the State has grown.

s 109A ins 2003 No. 41 s 21

109BSale of operating authority

An operating authority may be sold only by an entity (the selling entity), and in the way, prescribed under a regulation.

s 109B ins 2003 No. 41 s 21

109CPurchase of operating authority at authorised sale

(1)A person must not purchase an operating authority unless—

(a)the person is a category 1 licensee and purchases the operating authority at an authorised sale; and

(b)the person has, for the category 1 licensed premises for which the operating authority is purchased, an approved number of gaming machines that is more than the licensee’s endorsed number of operating authorities; and

(c)unless the authorised sale is conducted for the whole of the State—the category 1 licensed premises for which the operating authority is purchased are located in the authority region for which the authorised sale is conducted.

Maximum penalty—200 penalty units.

(2)A person must not, for category 1 licensed premises, purchase more than the number of operating authorities equal to the difference between the approved number of gaming machines and the endorsed number of operating authorities for the licensed premises.

Maximum penalty—200 penalty units.

(3)If an operating authority is transferred to a person by the operation of section 78(5) or 79(2), the person is taken not to have purchased the operating authority.

s 109C ins 2003 No. 41 s 21

amd 2009 No. 41 s 40

109DDealing with amounts received on sale of operating authorities of the State

If at an authorised sale an operating authority of the State is sold, the selling entity must pay the amount received for the authority into the consolidated fund.

s 109D ins 2003 No. 41 s 21

amd 2013 No. 25 s 67

109EDealing with amounts received on sale of licensee’s operating authority

(1)If at an authorised sale only 1 licensee’s operating authorities are sold, the selling entity must deal with the amount received for the authorities as follows—

(a)a percentage of the amount received must be paid into the consolidated fund;

(b)the balance must be paid to the licensee.

(2)If at an authorised sale 2 or more licensee’s operating authorities are sold, the selling entity must deal with the amount received for the authorities as follows—

(a)a percentage of the amount received for all of the authorities sold must be paid into the consolidated fund;

(b)the balance must be paid to the licensees in the amounts worked out as provided for under a regulation.

(3)The selling entity must calculate the amount to be paid into the consolidated fund under subsection (2)(a) in the way prescribed under a regulation.

(4)The percentage mentioned in subsections (1)(a) and (2)(a) is the percentage prescribed under a regulation.

(5)In this section—

licensee, in relation to an operating authority, includes a person other than a licensee if the person was a licensee and the operating authority is sold for the person at an authorised sale.

s 109E ins 2003 No. 41 s 21

amd 2013 No. 25 s 68

109FWhen operating authorities become operating authorities of the State

(1)An operating authority of a licensee becomes an operating authority of the State and stops being an operating authority of the licensee by operation of this subsection if the licensee’s gaming machine licence—

(a)is cancelled under section 96 because the licensee’s liquor licence is cancelled or surrendered; or

(b)is cancelled under section 97(12)(c)(ii)(A) or (13)(a).

(2)Subsection (3) applies if, at any time, the endorsed number of operating authorities for licensed premises is more than the approved number of gaming machines for the licensed premises because of—

(a)the approval of a decrease proposal that is a request or report under section 87(1); or

(b)other circumstances prescribed under a regulation.

(3)The number of operating authorities that is more than the approved number of gaming machines for the licensed premises stop being operating authorities of a licensee and become operating authorities of the State by operation of this subsection.

s 109F ins 2003 No. 41 s 21

amd 2012 No. 25 s 72; 2013 No. 25 s 69

109GCompensation is not payable

No compensation is payable to a licensee or other person because an operating authority of the licensee or person becomes an operating authority of the State by operation of this Act.

s 109G ins 2003 No. 41 s 21

109HOperating authority not to be encumbered

An encumbrance to the extent it is over an operating authority is of no effect.

s 109H ins 2003 No. 41 s 21

109IIssuing replacement gaming machine licence to show endorsed number of operating authorities

(1)This section applies if a category 1 licensee purchases an operating authority or a selling entity sells, for a category 1 licensee, an operating authority for category 1 licensed premises.

(2)The licensee must, within 7 days after the purchase or sale of the operating authority, give to the commissioner—

(a)the licensee’s gaming machine licence; and

(b)the fee prescribed under a regulation.

Maximum penalty—40 penalty units.

(3)If the commissioner receives a gaming machine licence for a licensee under subsection (2), the commissioner must as soon as practicable—

(a)replace the licensee’s licence; and

(b)give the replacement licence to the licensee.

(4)The replacement licence must include the information mentioned in section 68(2)(d).

s 109I ins 2003 No. 41 s 21

amd 2012 No. 25 s 109(1)

pt 3B hdg ins 2009 No. 41 s 41

pt 3B div 1 hdg ins 2009 No. 41s 41

109JLimit on number of entitlements

(1)The maximum number of entitlements under this Act is the number prescribed under a regulation.

(2)For this Act, entitlements of the number prescribed under subsection (1) are declared to exist.

s 109J prev s 109J ins 2003 No. 41 s 21

om 2008 No. 2 s 36

pres s 109J ins 2009 No. 41 s 41

109KEntitlements are transferable

(1)An entitlement for a category 2 licensed premises is transferable.

(2)However, a transfer of an entitlement for category 2 licensed premises does not have any effect unless the commissioner approves the transfer under this part.

s 109K ins 2009 No. 41 s 41

amd 2012 No. 25 s 110

pt 3B div 2 hdg ins 2009 No. 41s 41

109LDefinitions for div 2

In this division—

category 2 licensee, for transferor licensed premises, includes a category 2 licensee—

(a)who has surrendered the licensee’s gaming machine licence; and

(b)whose entitlements must, under section 95(2D), be transferred on a permanent basis within 2 years after the surrender.

licensed premises, of a category 2 licensee who has surrendered the licensee’s gaming machine licence, means the premises that were the licensed premises under the licence before its surrender.

transferee licensed premises see section 109M(1).

transferee licensee see section 109M(1).

transferor licensed premises see section 109M(1).

transferor licensee see section 109M(1).

s 109L ins 2009 No. 41 s 41

amd 2013 No. 25 s 70

109MApplication for approval

(1)A category 2 licensee (the transferor licensee) for licensed premises (the transferor licensed premises) may apply to the commissioner for approval of a transfer of entitlements for the licensed premises to the licensee (the transferee licensee) of other category 2 licensed premises (the transferee licensed premises) on a permanent basis.

(2)The reference to other category 2 licensed premises in subsection (1) includes a reference to other premises to which the transferor licensee’s licence relates.

(3)The application must be—

(a)in the approved form; and

(b)accompanied by—

(i)the details of the transfer prescribed under a regulation; and

(ii)the fee, if any, prescribed under a regulation.

(4)The commissioner must grant the application if the requirements mentioned in sections 109N to 109P are satisfied.

(5)If the commissioner grants the application, the commissioner must give the transferor licensee and the transferee licensee written notice of the decision.

(6)The commissioner must refuse to grant the application if the requirements mentioned in sections 109N to 109P are not satisfied.

(7)If the commissioner refuses to grant the application, the commissioner must give the transferor licensee a written notice stating the decision and the reasons for the decision.

s 109M ins 2009 No. 41 s 41

amd 2012 No. 25 ss 73, 109(1), 110

109NRequirement about consideration for the transfer

(1)For section 109M(4), requirements about consideration for the transfer are stated in subsections (2) and (3).

(2)Any consideration for the transfer must be—

(a)monetary; and

(b)not—

(i)less than the amount, if any, prescribed under a regulation; or

(ii)more than the amount, if any, prescribed under a regulation.

(3)Also, the consideration for the transfer must not give the transferor licensee a direct or indirect interest in, or percentage or share of either of the following on the transferee licensee’s licensed premises—

(a)the amount bet for the purpose of gaming;

(b)moneys, revenues, profits or earnings from the conduct of gaming.

s 109N ins 2009 No. 41 s 41

amd 2012 No. 25 s 74

109ORequirements about transferor licensed premises

(1)For section 109M(4), requirements about the transferor licensed premises are stated in subsections (2) to (6).

(2)Subsection (3) applies if the commissioner has granted an application made by the transferor licensee under section 86 for a decrease in the approved number of gaming machines for the transferor licensed premises.

(3)The number of entitlements the subject of the transfer must not be more than the difference between the endorsed number of entitlements for the transferor licensed premises and the approved number of gaming machines for the transferor licensed premises after the decrease.

(4)If the transferor licensee has surrendered the licensee’s licence under section 95(1), the number of entitlements the subject of the transfer must not be more than the endorsed number of entitlements for the transferor licensed premises.

(5)Subsection (6) applies if the transferor licensee has given the commissioner notice under section 91A(2) that the conduct of gaming has ceased at the transferor licensed premises.

(6)The number of entitlements the subject of the transfer must not be more than the endorsed number of entitlements for the transferor licensed premises at which gaming has ceased.

s 109O ins 2009 No. 41 s 41

amd 2012 No. 25 ss 75, 109(1)

109PRequirements about transferee licensed premises

(1)For section 109M(4), requirements about the transferee licensed premises are stated in subsections (2) and (3).

(2)The approved number of gaming machines for the transferee licensed premises must be more than the sum of—

(a)the endorsed number of entitlements for the licensed premises; and

(b)the number of entitlements for other licensed premises that have been transferred to the transferee licensee on a temporary basis under division 3.

(3)The number of entitlements the subject of the transfer must not be more than the difference between the approved number of gaming machines and the sum of the entitlements mentioned in subsection (2).

s 109P ins 2009 No. 41 s 41

amd 2012 No. 25 s 76; 2014 No. 30 s 27

109QVariation of terms of transfer

(1)This section applies if—

(a)the commissioner has, under section 109M, approved the transfer, by the transferor licensee, of entitlements for the transferor licensed premises to the transferee licensee on a permanent basis under this division; and

(b)the transfer has not yet taken place; and

(c)the licensees propose to vary the consideration for the transfer.

(2)The transferor licensee must apply to the commissioner for approval of the variation.

(3)The application must be—

(a)in writing; and

(b)accompanied by the fee, if any, prescribed under a regulation.

(4)The commissioner must grant the application if the requirement mentioned in section 109N will still be satisfied.

(5)If the commissioner grants the application, the commissioner must give the transferor licensee a written notice of the decision.

(6)The commissioner must refuse to grant the application if the requirement mentioned in section 109N will not be satisfied.

(7)If the commissioner refuses to grant the application, the commissioner must give the transferor licensee a written notice stating the decision and the reasons for the decision.

s 109Q ins 2009 No. 41 s 41

amd 2012 No. 25 ss 77, 109(1), 110

109RIssuing replacement gaming machine licence to show endorsed number of entitlements

(1)This section applies if entitlements for the transferor licensed premises are transferred by the transferor licensee to the transferee licensee on a permanent basis under this division.

(2)Each of the licensees must, within 14 days after the day of the transfer, give to the commissioner—

(a)the licensee’s gaming machine licence; and

(b)the fee prescribed under a regulation.

Maximum penalty—40 penalty units.

(3)If the commissioner receives a gaming machine licence for a licensee under subsection (2), the commissioner must as soon as practicable—

(a)replace the licensee’s licence; and

(b)give the replacement licence to the licensee.

(4)The replacement licence must include the following—

(a)the information mentioned in section 68(2)(e);

(b)the number of entitlements for the licensed premises that have been transferred to the licensee of other licensed premises on a temporary basis under division 3;

(c)the number of entitlements for other licensed premises that have been transferred to the licensee on a temporary basis under division 3;

(d)if the licensee received a notice under section 88A(1) or (2) relating to a decision approving a decrease in the approved number of gaming machines for the licensee’s licensed premises—the number of entitlements for the licensed premises that must, under section 87(9), be transferred on a permanent basis under this division.

(5)This section does not apply to a transferor licensee’s licence surrendered under section 95(1).

s 109R ins 2009 No. 41 s 41

amd 2012 No. 25 s 109(1)

pt 3B div 3 hdg ins 2009 No. 41 s 41

109SDefinitions for div 3

In this division—

transferee licensed premises see section 109T(1).

transferee licensee see section 109T(1).

transferor licensed premises see section 109T(1).

transferor licensee see section 109T(1).

s 109S ins 2009 No. 41 s 41

109TApplication for approval

(1)A category 2 licensee (the transferor licensee) for licensed premises (the transferor licensed premises) may apply to the commissioner for approval of a transfer of entitlements for the licensed premises for the use of the entitlements by the licensee (the transferee licensee) at other category 2 licensed premises (the transferee licensed premises) on a temporary basis.

(2)The reference to other category 2 licensed premises in subsection (1) includes a reference to other premises to which the transferor licensee’s licence relates.

(3)The application must be—

(a)in the approved form; and

(b)signed by both the transferor licensee and the transferee licensee; and

(c)accompanied by—

(i)the details of the transfer prescribed under a regulation; and

(ii)the fee, if any, prescribed under a regulation.

(4)The commissioner must ensure the approved form includes information about the effect on transferred entitlements of—

(a)the surrender, suspension or cancellation of a transferor licensee’s licence or a transferee licensee’s licence; or

(b)the licensee of licensed premises to which a transfer relates ceasing to conduct gaming at the premises.

(5)The commissioner must grant the application if the requirements mentioned in sections 109U to 109W are satisfied.

(6)If the commissioner grants the application, the commissioner must give the transferor licensee and the transferee licensee written notice of the decision.

(7)The commissioner must refuse to grant the application if the requirements mentioned in sections 109U to 109W are not satisfied.

(8)If the commissioner refuses to grant the application, the commissioner must give the transferor licensee a written notice stating the decision and the reasons for the decision.

s 109T ins 2009 No. 41 s 41

amd 2012 No. 25 ss 78, 109(1), 110

109URequirements about transfer period and consideration for the transfer

(1)For section 109T(5), requirements about the period of the transfer and the consideration for the transfer are stated in subsections (2) to (4).

(2)The period of the transfer must not be less than 1 year or more than 8 years.

(3)Any consideration for the transfer must be—

(a)monetary; and

(b)not—

(i)less than the amount, if any, prescribed under a regulation; or

(ii)more than the amount, if any, prescribed under a regulation.

(4)Also, the consideration for the transfer must not give the transferor licensee a direct or indirect interest in, or percentage or share of either of the following on the transferee licensee’s licensed premises—

(a)the amount bet for the purpose of gaming;

(b)moneys, revenues, profits or earnings from the conduct of gaming.

s 109U ins 2009 No. 41 s 41

amd 2012 No. 25 s 79

109VRequirements about transferor licensed premises

(1)For section 109T(5), requirements about the transferor licensed premises are stated in subsections (2) to (6).

(2)The approved number of gaming machines for all licensed premises to which the transferor licensee’s licence relates must be less than 30.

(3)The transferor licensee must not, during the 3 years ending on the day of the proposed transfer of the entitlements the subject of the transfer, have been notified—

(a)under section 58 of the grant of the licence for the transferor licensed premises; or

(b)under section 63 of the approval of additional premises as premises to which the transferor licensee’s licence relates; or

(c)under section 83 of an approval to increase the approved number of gaming machines for the transferor licensed premises.

(4)None of the entitlements for the transferor licensed premises must be—

(a)currently transferred under this division for use on a temporary basis at other category 2 licensed premises; or

(b)required under section 87(9) to be transferred on a permanent basis under division 2.

(5)None of the entitlements for other category 2 licensed premises must be currently transferred under this division for use on a temporary basis at the transferor licensed premises.

(6)Subsection (3) does not apply if—

(a)at the time the transferor licensee was notified as mentioned in subsection (3), entitlements for the transferor licensed premises, equal in number to the approved number of gaming machines for the premises, were transferred under section 78(5) or 78A(7) to the transferor licensee; and

(b)at the time the application was made under section 109T, the transferor licensee had installed the number of gaming machines fixed under section 59 for the transferor licensed premises.

s 109V ins 2009 No. 41 s 41

amd 2012 No. 25 s 80

109WRequirements about transferee licensed premises

(1)For section 109T(5), requirements about the transferee licensed premises are stated in subsections (2) to (4).

(2)The approved number of gaming machines for the transferee licensed premises must be more than the sum of—

(a)the endorsed number of entitlements for the licensed premises; and

(b)the number of entitlements for other licensed premises that have been transferred to the transferee licensee on a temporary basis under this division.

(3)The number of entitlements the subject of the transfer must not be more than the difference between the approved number of gaming machines and the sum of the entitlements mentioned in subsection (2).

(4)None of the entitlements for the transferee licensed premises must be—

(a)currently transferred under this division for use on a temporary basis at other category 2 licensed premises; or

(b)required under section 87(9) to be transferred on a permanent basis under division 2.

s 109W ins 2009 No. 41 s 41

amd 2012 No. 25 s 81; 2014 No. 30 s 28

109XVariation of terms of transfer

(1)This section applies if—

(a)the commissioner has, under section 109T, approved the transfer, by the transferor licensee, of entitlements for the transferor licensed premises to the transferee licensee on a temporary basis under this division; and

(b)the licensees propose to vary the period of the transfer or the consideration for the transfer.

(2)The transferor licensee must apply to the commissioner for approval of the variation.

(3)The application must be—

(a)in writing; and

(b)accompanied by the fee, if any, prescribed under a regulation.

(4)The commissioner must grant the application if the requirements mentioned in section 109U will still be satisfied.

(5)If the commissioner grants the application, the commissioner must give the transferor licensee written notice of the decision.

(6)The commissioner must refuse to grant the application if the requirements mentioned in section 109U will not be satisfied.

(7)If the commissioner refuses to grant the application, the commissioner must give the transferor licensee a written notice stating the decision and the reasons for the decision.

s 109X ins 2009 No. 41 s 41

amd 2012 No. 25 ss 82, 109(1), 110

109YIssuing replacement gaming machine licence

(1)This section applies if entitlements for the transferor licensed premises are transferred by the transferor licensee to the transferee licensee on a temporary basis under this division.

(2)Each of the licensees must, within 14 days after the day of the transfer, give to the commissioner—

(a)the licensee’s gaming machine licence; and

(b)the fee prescribed under a regulation.

Maximum penalty—40 penalty units.

(3)If the commissioner receives a gaming machine licence for a licensee under subsection (2), the commissioner must as soon as practicable—

(a)replace the licensee’s licence; and

(b)give the replacement licence to the licensee.

(4)The replacement licence must include—

(a)the information mentioned in section 68(2)(e); and

(b)the number of entitlements for the transferor licensed premises that have been transferred by the transferor licensee to the transferee licensee on a temporary basis under this division.

s 109Y ins 2009 No. 41 s 41

amd 2012 No. 25 s 109(1)

109ZRegister of transferred entitlements

(1)This section applies if entitlements for the transferor licensed premises are transferred by the transferor licensee to the transferee licensee on a temporary basis under this division.

(2)The transferor licensee must, during the period of the transfer, keep a register at the transferor licensed premises stating the following—

(a)the number of entitlements the subject of the transfer;

(b)the name, and licence number, of the transferee licensee;

(c)the address of the transferee licensed premises;

(d)the period of the transfer.

Maximum penalty—20 penalty units.

(3)The transferor licensee must keep the register mentioned in subsection (2) available for inspection by an inspector.

Maximum penalty—20 penalty units.

(4)The transferee licensee must, during the period of the transfer, keep a register at the transferee licensed premises stating the following—

(a)the number of entitlements the subject of the transfer;

(b)the name, and licence number, of the transferor licensee;

(c)the address of the transferor licensed premises;

(d)the period of the transfer.

Maximum penalty—20 penalty units.

(5)The transferee licensee must keep the register mentioned in subsection (4) available for inspection by an inspector.

Maximum penalty—20 penalty units.

s 109Z ins 2009 No. 41 s 41

pt 3B div 4 hdg ins 2009 No. 41 s 41

109ZA When entitlement becomes entitlement of the State

(1)An entitlement of a licensee becomes an entitlement of the State and stops being an entitlement of the licensee by operation of this subsection if the licensee’s gaming machine licence—

(a)is cancelled under section 96 because the licensee’s liquor licence is transferred, cancelled or surrendered; or

(b)is cancelled under section 97(12)(c)(ii)(A) or (13)(a).

(2)Subsection (3) applies if, at any time, the endorsed number of entitlements for licensed premises is more than the approved number of gaming machines for the licensed premises because of—

(a)the approval of a decrease proposal that is a request or report under section 87(1); or

(b)other circumstances prescribed under a regulation.

(3)The entitlements that are more in number than the approved number of gaming machines for the licensed premises stop being entitlements of a licensee and become entitlements of the State by operation of this subsection.

(4)A temporary transfer ends if the entitlement that is the subject of the temporary transfer becomes an entitlement of the State under subsection (1) or (3).

s 109ZA ins 2009 No. 41 s 41

amd 2012 No. 25 s 83; 2013 No. 25 s 71

109ZB Compensation is not payable

No compensation is payable to a licensee or other person because an entitlement of the licensee or person becomes an entitlement of the State by operation of this Act.

s 109ZB ins 2009 No. 41 s 41

109ZC Sale of entitlement of the State

An entitlement of the State may be sold only by an entity (an entitlement selling entity), and in the way, prescribed under a regulation.

s 109ZC ins 2009 No. 41 s 41

109ZD Purchase of entitlement at authorised entitlements sale

(1)A person must not purchase an entitlement at an authorised entitlements sale unless—

(a)the person is a category 2 licensee; and

(b)the person has, for the category 2 licensed premises for which the entitlement is purchased, an approved number of gaming machines for the licensed premises that is more than the sum of—

(i)the endorsed number of entitlements for the licensed premises; and

(ii)the number of entitlements for other licensed premises that have been transferred to the licensee on a temporary basis under division 3.

Maximum penalty—200 penalty units.

(2)A person must not, for category 2 licensed premises, purchase at an authorised entitlements sale more than the number of entitlements equal to the difference between—

(a)the approved number of gaming machines for the licensed premises; and

(b)the sum of—

(i)the endorsed number of entitlements for the licensed premises; and

(ii)the number of entitlements for other licensed premises that have been transferred to the licensee on a temporary basis under division 3.

Maximum penalty—200 penalty units.

s 109ZD ins 2009 No. 41 s 41

amd 2014 No. 30 s 29

109ZE Dealing with amount received on sale of entitlement of the State

If an entitlement of the State is sold at an authorised entitlements sale, the entitlement selling entity must pay the amount received for the entitlement into the consolidated fund.

s 109ZE ins 2009 No. 41 s 41

amd 2013 No. 25 s 72

pt 3B div 5 hdg ins 2009 No. 41 s 41

109ZF Entitlement not to be encumbered

An encumbrance to the extent it is over an entitlement is of no effect.

s 109ZF ins 2009 No. 41 s 41

109ZG Change in endorsed number of entitlements for licensed premises

(1)This section applies if there is a change in the endorsed number of entitlements for licensed premises other than because of the transfer of an entitlement for the premises on a permanent basis under division 2.

(2)The licensee must, within 14 days after the day of the change, give to the commissioner—

(a)the licensee’s gaming machine licence; and

(b)the fee prescribed under a regulation.

Maximum penalty—40 penalty units.

(3)If the commissioner receives a gaming machine licence for a licensee under subsection (2), the commissioner must as soon as practicable—

(a)replace the licensee’s licence; and

(b)give the replacement licence to the licensee.

(4)The replacement licence must include the following—

(a)the information mentioned in section 68(2)(e);

(b)the number of entitlements for the licensed premises that have been transferred to the licensee of other licensed premises on a temporary basis under division 3;

(c)the number of entitlements for other licensed premises that have been transferred to the licensee on a temporary basis under division 3;

(d)if the licensee received a notice under section 88A(1) or (2) relating to a decision approving a decrease in the approved number of gaming machines for the licensee’s licensed premises—the number of entitlements for the licensed premises that must, under section 87(9), be transferred on a permanent basis under division 2.

s 109ZG ins 2009 No. 41 s 41

amd 2012 No. 25 s 109(1)

109ZH Decrease in, or end of, temporary transfer of entitlements

(1)This section applies if there is—

(a)a decrease in the number of entitlements for licensed premises transferred by a transferor licensee to a transferee licensee on a temporary basis under division 3; or

(b)an end to the transfer of entitlements by a transferor licensee to a transferee licensee on a temporary basis under division 3.

(2)Each of the licensees must, within 14 days after the day of the decrease mentioned in subsection (1)(a) or ending mentioned in subsection (1)(b), give to the commissioner—

(a)the licensee’s gaming machine licence; and

(b)the fee prescribed under a regulation.

Maximum penalty—40 penalty units.

(3)Subsection (2) does not apply to a licensee whose gaming machine licence—

(a)is cancelled under section 96 because the licensee’s liquor licence is cancelled or surrendered; or

(b)is cancelled under section 97(12)(c)(ii)(A) or (13)(a).

(4)If the commissioner receives a gaming machine licence for a licensee under subsection (2), the commissioner must as soon as practicable—

(a)replace the licensee’s licence; and

(b)give the replacement licence to the licensee.

(5)The replacement licence must include the following—

(a)the information mentioned in section 68(2)(e);

(b)the number of entitlements for the licensed premises that have been transferred to the licensee of other licensed premises on a temporary basis under division 3;

(c)the number of entitlements for other licensed premises that have been transferred to the licensee on a temporary basis under division 3;

(d)if the licensee received a notice under section 88A(1) or (2) relating to a decision approving a decrease in the approved number of gaming machines for the licensee’s licensed premises—the number of entitlements for the licensed premises that must, under section 87(9), be transferred on a permanent basis under division 2.

s 109ZH ins 2009 No. 41 s 41

amd 2012 No. 25 ss 84, 109(1); 2013 No. 25 s 73

109ZI Effect of appointment of controller

(1)Subsection (2) applies if—

(a)entitlements have been transferred to a licensee on a temporary basis under division 3; and

(b)a controller is appointed in relation to the property of the licensee.

(2)The temporary transfer of the entitlements ends on the day the controller is appointed.

(3)In this section—

controller see the Corporations Act, section 9.

s 109ZI ins 2009 No. 41 s 41

109ZJ Review of provisions relating to entitlements

The commissioner must, within 2 years after the commencement of this section, start a review of the operation of the provisions of this Act relating to entitlements.

s 109ZJ ins 2009 No. 41 s 41

amd 2012 No. 25 s 109(1)

pt 4 hdg ins 1997 No. 24 s 13

amd 1999 No. 77 s 36

sub 2008 No. 2 s 37

pt 4 div 1 hdg ins 1997 No. 24 s 13

110References to particular licensed suppliers

In this Act, a reference to a licensed supplier in association with a reference to a supplier’s licence is a reference to the licensed supplier who holds the supplier’s licence.

s 110 ins 1997 No. 24 s 13

sub 1999 No. 77 s 37

111References to particular suppliers’ licences

In this Act, a reference to a supplier’s licence in association with a reference to a licensed supplier is a reference to the supplier’s licence held by the licensed supplier.

s 111 ins 1997 No. 24 s 13

sub 1999 No. 77 s 37

pt 4 div 2 hdg ins 1997 No. 24 s 13

112Suitability of applicants for, and holders of, suppliers’ licences

(1)This section applies to the commissioner in deciding whether—

(a)an applicant (the involved body) for a monitoring operator’s licence, or a licensed monitoring operator (also the involved body), is a suitable person to hold a monitoring operator’s licence; or

(b)an applicant (also the involved body) for a major dealer’s licence, or a licensed major dealer (also the involved body), is a suitable person to hold a major dealer’s licence; or

(c)an applicant (also the involved body) for a secondary dealer’s licence, or a licensed secondary dealer (also the involved body), is a suitable person to hold a secondary dealer’s licence; or

(d)an applicant (also the involved body) for a testing facility operator’s licence, or a licensed testing facility operator (also the involved body), is a suitable person to hold a testing facility operator’s licence.

(2)The commissioner must have regard to the following issues—

(a)the involved body’s business reputation;

(b)the involved body’s current financial position and financial background;

(c)for the secretary and each executive officer of the involved body—

(i)the person’s character; and

(ii)the person’s current financial position and financial background;

(d)the involved body’s general suitability to hold a supplier’s licence of the kind applied for, or held, by the involved body;

(e)whether the involved body has, or has arranged, a satisfactory ownership, trust or corporate structure;

(f)whether the involved body has, or is able to obtain, enough financial resources to ensure the financial viability of operations conducted under a supplier’s licence of the kind applied for, or held, by the involved body;

(g)whether the involved body has, or is able to obtain, the services of persons with appropriate business ability, knowledge or experience to enable the involved body to successfully conduct operations under a supplier’s licence of the kind applied for, or held, by the involved body;

(h)if the involved body has a business association with another entity—

(i)the entity’s character or business reputation; and

(ii)the entity’s current financial position and financial background;

(i)any other issue prescribed under a regulation.

s 112 ins 1997 No. 24 s 13

amd 1999 No. 77 s 38; 2008 No. 2 s 38; 2012 No. 25 s 109(1)

113Suitability of associates

(1)This section applies to the commissioner in deciding whether—

(a)an associate of an applicant for a monitoring operator’s licence, or of a licensed monitoring operator, is a suitable person to be associated with the monitoring operations of a licensed monitoring operator; or

(b)an associate of an applicant for a major dealer’s licence, or of a licensed major dealer, is a suitable person to be associated with the supply operations of a licensed major dealer; or

(c)an associate of an applicant for a secondary dealer’s licence, or of a licensed secondary dealer, is a suitable person to be associated with the supply operations of a licensed secondary dealer; or

(d)an associate of an applicant for a testing facility operator’s licence, or a licensed testing facility operator, is a suitable person to be associated with the testing operations of a licensed testing facility operator.

(2)The commissioner must have regard to the following issues—

(a)the associate’s character or business reputation;

(b)the associate’s current financial position and financial background;

(c)if the associate has a business association with another entity—

(i)the entity’s character or business reputation; and

(ii)the entity’s current financial position and financial background;

(d)any other issue prescribed under a regulation.

s 113 ins 1997 No. 24 s 13

amd 1999 No. 77 s 39; 2008 No. 2 s 39; 2012 No. 25 s 109(1)

114Other issues about suitability

Sections 112 and 113 do not limit the issues the commissioner may have regard to in deciding a matter to which the section relates.

s 114 ins 1997 No. 24 s 13

amd 2012 No. 25 s 109(1)

pt 4 div 3 hdg ins 1997 No. 24 s 13

amd 1999 No. 77 s 3 sch 1

115Application for licence

(1)An application for a supplier’s licence may be made only by a body corporate.

(2)An application must—

(a)be made to the commissioner; and

(b)be in the approved form.

(3)An application must be accompanied by the following—

(a)a copy of the certificate of registration or incorporation as a body corporate of the applicant;

(b)a copy of the memorandum and articles of association, rules, constitution or other incorporating documents of the applicant, in force when making the application;

(c)a copy of the last audited balance sheet or statement of the financial affairs of the applicant;

(d)a disclosure affidavit;

Note—

Section 182 deals with the requirements for disclosure affidavits.

(e)the application fee prescribed under a regulation.

(4)The copy of a document mentioned in subsection (3)(b) or (c) must be certified as a true copy by the secretary of the applicant or another person authorised by the applicant to make the certification.

s 115 prev s 115 amd 1992 No. 35 sch; 1997 No. 24 s 27

om 1999 No. 8s 84

pres s 115 ins 1997 No. 24 s 13

amd 1999 No. 77 s 3 sch 1; 2012 No. 25 s 109(1)

116Further information to support application

(1)The commissioner may, by written notice given to an applicant or an associate of an applicant for a supplier’s licence, require the applicant or associate to give the commissioner further information about the application within the reasonable time stated in the notice.

(2)A notice under subsection (1) must relate to information the commissioner considers reasonable for considering and deciding the application.

s 116 prev s 116 amd 1992 No. 35 sch; 1993 No. 63 s 2 sch; 1995 No. 58 s 4 sch 1; 1997 No. 24 s 61 sch

om 1999 No. 8 s 84

pres s 116 ins 1997 No. 24 s 13

amd 1999 No. 77 s 3 sch 1; 2012 No. 25 ss 85, 109(1)

117Change in circumstances of applicant

(1)This section applies to an applicant for a supplier’s licence if, before the application is granted or refused, a change happens affecting—

(a)information contained in, or accompanying, the application (other than information contained in a disclosure affidavit); or

(b)information contained in, or accompanying, a notice, or the last notice, given to the commissioner under this section by the applicant.

(2)Within 7 days after the change, the applicant must give written notice of the change to the commissioner.

Maximum penalty—100 penalty units.

s 117 prev s 117 sub 1992 No. 35 s 12

om 1999 No. 77 s 93

pres s 117 ins 1997 No. 24 s 13

amd 1999 No. 77 ss 156, 3 sch 1; 2012 No. 25 s 109(1)

118Fresh disclosure affidavit by applicant

(1)This section applies to an applicant for a supplier’s licence if, before the application is granted or refused, a change happens affecting information contained in—

(a)the disclosure affidavit that accompanied the application; or

(b)a disclosure affidavit, or the last disclosure affidavit, given to the commissioner under this section by the applicant.

(2)Within 7 days after the change, the applicant must give a fresh disclosure affidavit to the commissioner.

Maximum penalty—100 penalty units.

s 118 ins 1997 No. 24 s 13

amd 1999 No. 77 ss 156, 3 sch 1; 2012 No. 25 s 109(1)

119Consideration of application

The commissioner must consider an application for a supplier’s licence as soon as practicable after receiving the application.

s 119 ins 1997 No. 24 s 13

amd 1999 No. 77 s 3 sch 1; 2012 No. 25 s 109(1)

120Investigations about application

(1)In considering an application for a supplier’s licence, the commissioner must conduct the investigations the commissioner considers are necessary to help the commissioner decide—

(a)whether the applicant is a suitable person to hold a supplier’s licence of the kind applied for; and

(b)if there is a disclosed associate for the applicant—whether the associate is a suitable person to be associated with the operations of a licensed supplier holding a supplier’s licence of the kind applied for.

(2)Without limiting subsection (1), the commissioner may conduct the investigations the commissioner considers are necessary to help the commissioner decide whether a general associate of the applicant is a suitable person to be associated with the operations of a licensed supplier holding a supplier’s licence of the kind applied for.

s 120 ins 1997 No. 24 s 13

amd 1999 No. 77 s 40; 2012 No. 25 s 109(1)

122Decision about application

(1)The commissioner may grant or refuse to grant an application for a supplier’s licence.

(2)Before making a decision, the commissioner may, by written notice given to the applicant, or a disclosed associate of the applicant, require the applicant or associate to give the commissioner further information about the application within the reasonable time stated in the notice.

(3)A notice under subsection (2) must relate to information the commissioner considers reasonable for making a decision about the application.

(4)In making a decision, the commissioner—

(a)must have regard to—

(i)the suitability of the applicant to hold a supplier’s licence of the kind applied for; and

(ii)for a person who is a disclosed associate of the applicant—the suitability of the person to be associated with the operations of a licensed supplier holding a supplier’s licence of the kind applied for; and

(iii)the matters the commissioner had regard to in considering the application under section 120; and

(b)may have regard to—

(i)the suitability of a general associate of the applicant to be associated with the operations of a licensed supplier holding a supplier’s licence of the kind applied for; and

(ii)other matters the commissioner considers relevant.

(5)The commissioner may grant an application only if the commissioner is satisfied the grant is not contrary to the public interest.

(6)The commissioner may refuse to grant an application if—

(a)the commissioner has given a notice to the applicant, or a disclosed associate of the applicant, requiring the applicant or associate to give further information about the application; and

(b)the applicant or associate has failed without reasonable excuse, to give the information to the commissioner within the time stated in the notice.

(7)If the commissioner decides to grant the application, the commissioner must promptly issue the appropriate supplier’s licence to the applicant on payment of the licence fee prescribed under a regulation.

(8)If the commissioner decides to refuse to grant the application, the commissioner must promptly give the applicant an information notice about the decision.

s 122 ins 1997 No. 24 s 13

amd 1999 No. 77 s 3 sch 1

sub 2012 No. 25 s 86

123Conditions of licences

(1)A supplier’s licence is issued on the conditions the commissioner considers necessary or desirable—

(a)in the public interest; or

(b)for the proper conduct of gaming; or

(c)for the proper conduct of the licensed supplier’s supply operations, including—

(i)for a licensed monitoring operator—its operations involving electronic monitoring systems; or

(ii)for a licensed testing facility operator—its operations involving the testing of gaming equipment.

(2)If a supplier’s licence is issued on conditions, the commissioner must promptly give the applicant an information notice about the commissioner’s decision to impose the conditions.

(3)The holder of a supplier’s licence must not contravene a condition of the licence.

Maximum penalty—200 penalty units.

s 123 ins 1997 No. 24 s 13

amd 1999 No. 77 s 42; 2002 No. 43 s 58; 2008 No. 2 s 40; 2012 No. 25 ss 109(1), 110

124Form of licence

(1)A supplier’s licence must be in the approved form.

(2)The approved form must provide for the inclusion of the following particulars—

(a)the name and address of the holder of the licence;

(b)the date of issue of the licence;

(c)the expiry date of the licence;

(d)the conditions of the licence;

(e)other particulars prescribed under a regulation.

s 124 ins 1997 No. 24 s 13

amd 1999 No. 77 s 3 sch 1

125Duration of licence

(1)A monitoring operator’s licence remains in force for 10 years from its date of issue.

(2)A dealer’s licence remains in force for 5 years from its date of issue.

(3)A testing facility operator’s licence remains in force for 5 years from its date of issue.

s 125 ins 1997 No. 24 s 13

amd 1999 No. 77 s 43; 2008 No. 2 s 41

126Provisional licences

(1)The commissioner may grant to an applicant for a supplier’s licence a provisional licence for the kind of licence applied for.

(2)However, the commissioner may grant a provisional licence only if the commissioner considers—

(a)a decision about the applicant’s application for a supplier’s licence may not be made for some time; and

(b)the conduct of gaming may be prejudiced or disadvantaged if the applicant is not granted the provisional licence; and

(c)the issue of the provisional licence to the applicant will not prejudice or disadvantage gaming or the conduct of gaming.

(3)The commissioner may grant a provisional licence—

(a)on conditions the commissioner considers necessary or desirable for the proper conduct of gaming; and

(b)on other conditions the commissioner considers necessary or desirable in the public interest.

(4)If the commissioner grants a provisional licence to a person, the commissioner must immediately issue the licence to the person.

(5)A provisional licence must be in the approved form.

(6)A provisional licence issued to an applicant for a supplier’s licence remains in force until—

(a)a supplier’s licence of the kind applied for is issued to the applicant; or

(b)the commissioner decides to refuse to grant the application; or

(c)the licence is surrendered or cancelled.

(7)While a provisional licence for a particular kind of supplier’s licence is in force, it has the same effect, and this Act applies to the holder of the licence, as if the licence were a supplier’s licence of that kind.

s 126 ins 1999 No. 77 s 44

amd 2012 No. 25 ss 109(1), 110

pt 4 div 4 hdg ins 1997 No. 24 s 13

amd 1999 No. 77 s 3 sch 1

127Changing conditions of licence

(1)The commissioner may change the conditions of a supplier’s licence if the commissioner considers it is necessary or desirable to make the change—

(a)in the public interest; or

(b)for the proper conduct of gaming; or

(c)for the proper conduct of the licensed supplier’s supply operations, including—

(i)for a licensed monitoring operator—its operations involving electronic monitoring systems; or

(ii)for a licensed testing facility operator—its operations involving the testing of gaming equipment.

(2)If the commissioner decides to change the conditions, the commissioner must immediately give the licensed supplier—

(a)written notice of the changed conditions; and

(b)an information notice for the decision.

(3)The change of the conditions—

(a)has effect from the day stated in the information notice; and

(b)does not depend on the licence being amended to record the change, or a replacement licence recording the change being issued.

(4)The commissioner’s power to change the conditions of a supplier’s licence includes the power to add conditions to an unconditional licence.

s 127 ins 1997 No. 24 s 13

amd 1999 No. 77 s 45; 2004 No. 21 s 43; 2008 No. 2 s 42; 2012 No. 25 ss 109(1), 110

128Recording change of conditions

(1)A licensed supplier who receives an information notice under section 127(2) must return the supplier’s licence to the commissioner within 14 days after receiving the notice, unless the licensed supplier has a reasonable excuse.

Maximum penalty—40 penalty units.

(2)On receiving the licence, the commissioner must—

(a)amend the licence in an appropriate way and return the amended licence to the licensed supplier; or

(b)if the commissioner does not consider it is practical to amend the licence—issue another supplier’s licence, incorporating the changed conditions, to the licensed supplier to replace the licence returned to the commissioner.

s 128 ins 1997 No. 24 s 13

amd 1999 No. 77 s 3 sch 1; 2012 No. 25 s 109(1)

129Extension of licence

(1)A licensed supplier may apply for an extension of the supplier’s licence.

(2)An application must—

(a)be made to the commissioner; and

(b)be in the approved form; and

(c)be made at least 1 month before the licence expires; and

(d)be accompanied by the application fee prescribed under a regulation.

(3)The commissioner may, by written notice given to the licensed supplier, extend the term of the licence—

(a)only if the commissioner believes special circumstances exist to warrant the extension; and

(b)only for a maximum period of 1 month from the date the licence would, apart from this section, expire.

s 129 ins 1997 No. 24 s 13

amd 1999 No. 77 s 3 sch 1; 2012 No. 25 s 109(1)

130Renewal of licence—application

(1)A licensed supplier may apply for renewal of its supplier’s licence.

(2)An application must—

(a)be made to the commissioner; and

(b)be in the approved form; and

(c)be made—

(i)at least 1 month before the licence expires; or

(ii)if, before the licence expires, the commissioner extends the term of the licence—within the extended period.

(3)An application must be accompanied by the following—

(a)a list of the names, addresses and dates of birth of—

(i)the secretary of the applicant; and

(ii)the executive officers of the applicant; and

(iii)all other persons who have been the secretary or an executive officer of the applicant since the licence was issued or last renewed;

(b)a disclosure affidavit;

Note—

Section 182 deals with the requirements for disclosure affidavits.

(c)the application fee prescribed under a regulation.

s 130 prev s 130 amd 1994 No. 87 s 3 sch 1; 1997 No. 24 s 61 sch; 1998 No. 11 s 12

om 1999 No. 77 s 96

pres s 130 ins 1997 No. 24 s 13

amd 1999 No. 77 s 46; 2012 No. 25 s 109(1)

131Renewal of licence—decision

(1)The commissioner must consider an application for renewal of a supplier’s licence and renew, or refuse to renew, the licence.

(2)The commissioner must renew the licence if the licensed supplier complies with section 130 and pays the licence renewal fee prescribed under a regulation.

(3)If the commissioner refuses to renew the licence, the commissioner must promptly give the applicant an information notice for the decision to refuse to renew the licence.

(4)The renewal of a licence is for the standard licence period starting on—

(a)the day after its last expiry; or

(b)if the term of the licence has been extended—the day after the licence would have last expired apart from the extension.

(5)In this section—

standard licence period means—

(a)for a monitoring operator’s licence—10 years; or

(b)for a dealer’s licence—5 years; or

(c)for a testing facility operator’s licence—5 years.

s 131 prev s 131 amd 1992 No. 35 sch; 1997 No. 24 s 61 sch

om 1999 No. 77 s 96

pres s 131 ins 1997 No. 24 s 13

amd 1999 No. 77 s 47; 2002 No. 43 s 59; 2008 No. 2 s 43; 2012 No. 25 s 109(1)

132Replacement of licence

(1)A licensed supplier may apply to the commissioner for the replacement of its supplier’s licence if—

(a)the licence is lost, stolen, destroyed or damaged; or

(b)the licensee’s name changes.

(2)The application must be accompanied by—

(a)the fee prescribed under a regulation for issuing a replacement licence; and

(b)for a lost licence application based on damage or a name change application—the licensed supplier’s current licence.

(3)The commissioner must consider the application and either—

(a)replace the licence by issuing another supplier’s licence to the applicant with, for a name change application, the name of the licensed supplier changed to reflect the licensed supplier’s current name; or

(b)refuse to replace the licence.

(4)The commissioner must replace the licence if—

(a)for a lost licence application—the commissioner is satisfied the licence—

(i)has been lost, stolen or destroyed; or

(ii)has been damaged in a way to require its replacement; or

(b)for a name change application—the commissioner is satisfied the change of name has taken place.

(5)If, on a lost licence application, the commissioner refuses to replace the licence, the commissioner must immediately give the applicant an information notice for the decision.

(6)If, on a name change application, the commissioner refuses to replace the licence, the commissioner must immediately give the applicant a written notice stating the decision and the reason for the decision.

(7)In this section—

lost licence application means an application under this section made on a ground mentioned in subsection (1)(a).

name change application means an application under this section made on the ground mentioned in subsection (1)(b).

s 132 prev s 132 amd 1997 No. 24 s 61 sch

om 1999 No. 77 s 96

pres s 132 ins 1997 No. 24 s 13

sub 1999 No. 77 s 48

amd 2012 No. 25 s 109(1)

133Licence not transferable

A supplier’s licence is not transferable.

s 133 prev s 133 amd 1992 No. 35 sch; 1997 No. 24 s 61 sch

om 1999 No. 77 s 96

pres s 133 ins 1997 No. 24 s 13

sub 1999 No. 77 s 48

134Surrender of licence

(1)A licensed supplier may surrender its supplier’s licence by written notice given to the commissioner.

(2)The notice must—

(a)be in the approved form; and

(b)be accompanied by the licence.

(3)The commissioner must give the licensed supplier a notice stating the day the surrender is to take effect.

(4)The day stated by the commissioner must be—

(a)at least 1 month after the day the notice was given; but

(b)not longer than 3 months after the day the notice was given.

(5)If the licensed supplier is a licensed monitoring operator, the licensed supplier must give a copy of the notice of surrender to—

(a)any licensee to whom the licensed supplier is supplying basic monitoring services; and

(b)any other licensed monitoring operator using the electronic monitoring system of the licensed supplier, or a part of the system, to supply basic monitoring services to licensees.

Maximum penalty for subsection (5)—40 penalty units.

s 134 prev s 134 amd 1992 No. 35 sch; 1993 No. 63 s 2 sch; 1997 No. 24 s 61 sch

om 1999 No. 77 s 96

pres s 134 ins 1997 No. 24 s 13

amd 1999 No. 8 s 37; 1999 No. 77 s 49; 2012 No. 25 s 109(1)

pt 4 div 5 hdg ins 1997 No. 24 s 13

amd 1999 No. 77 s 3 sch 1

135Approving audit programs

(1)The Minister may approve—

(a)an audit program for investigating licensed suppliers; and

(b)an audit program for investigating associates of licensed suppliers.

(2)An audit program approved by the Minister may not provide for the investigation of persons under the program at intervals of less than 2 years.

s 135 ins 1997 No. 24 s 13

sub 1999 No. 8 s 38

amd 1999 No. 77 s 3 sch 1

136Conducting investigations

(1)The commissioner may investigate a licensed supplier to help the commissioner decide whether the licensed supplier is a suitable person to hold the supplier’s licence.

(2)The commissioner may investigate an associate of a licensed supplier to help the commissioner decide whether the associate is a suitable person to be associated with the licensed supplier’s supply operations.

(3)However, the commissioner may investigate a licensed supplier only if—

(a)the investigation is conducted under a suppliers audit program; or

(b)the commissioner reasonably suspects the licensed supplier is not a suitable person to hold the supplier’s licence.

(4)Also, the commissioner may investigate an associate of a licensed supplier only if—

(a)the investigation is conducted under an associates (suppliers) audit program; or

(b)the commissioner reasonably suspects the associate is not a suitable person to be associated with the licensed supplier’s supply operations; or

(c)for an associate who became an associate of the licensed supplier after the issue of its supplier’s licence—the associate has not been investigated previously under an associates (suppliers) audit program; or

(d)for an associate who was an associate of the licensed supplier when the supplier’s licence was issued—the associate has not been investigated under section 120.

(5)The commissioner must ensure the investigation of a person under a suppliers audit program or associates (suppliers) audit program is conducted in compliance with the program.

s 136 ins 1997 No. 24 s 13

sub 1999 No. 8 s 38; 1999 No. 77 s 50

amd 2002 No. 43 s 60; 2012 No. 25 s 109(1)

137Requirement to give information or material for investigation

(1)The commissioner may, by written notice given to a person to whom an investigation under this division relates, require the person to give the commissioner information or material the commissioner considers is relevant to the investigation.

(2)When making the requirement, the commissioner must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.

s 137 ins 1997 No. 24 s 13

amd 2012 No. 25 s 109(1)

138Failure to give information or material for investigation

(1)A person of whom a requirement is made under section 137 must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)It is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.

(3)The person does not commit an offence against this section if the information or material sought by the commissioner is not in fact relevant to the investigation.

s 138 ins 1997 No. 24 s 13

amd 1999 No. 77 s 155; 2012 No. 25 s 109(1)

pt 4 div 6 hdg ins 1997 No. 24 s 13

amd 1999 No. 77 s 3 sch 1

139Grounds for suspension or cancellation

(1)A ground for suspending or cancelling a supplier’s licence exists if the licensed supplier, or an associate of the licensed supplier—

(a)is convicted of an offence against this Act; or

(b)is convicted of an indictable offence punishable by imprisonment for at least 1 year (irrespective of whether the offence is also punishable by a fine in addition, or as an alternative, to imprisonment); or

(ba)is required to comply with any written direction given to the licensee or associate by the commissioner, and fails to comply with the direction; or

(bb)is required under this Act to supply information or material to the commissioner or an inspector, and fails to supply the information or material or supplies information or material that, to the knowledge of the licensee or associate, is false or misleading in a material particular; or

(c)contravenes a provision of this Act (not being a provision a contravention of which is an offence against this Act, or a provision imposing a requirement of a kind mentioned in paragraph (ba) or (bb)); or

(d)fails to discharge the licensed supplier’s, or associate’s, financial commitments; or

(e)is affected by control action under the Corporations Act; or

(f)helps or induces a licensee to do or fail to do something that constitutes a ground for suspending or cancelling the licensee’s gaming machine licence.

Note—

See section 97.

(2)Also, a ground for suspending or cancelling the supplier’s licence exists if—

(a)the licensed supplier is not a suitable person to hold the supplier’s licence; or

(b)an associate of the licensed supplier is not a suitable person to be associated with the licensed supplier’s supply operations; or

(c)the licensed supplier contravenes a condition of the licence; or

(d)the licence was issued because of a materially false or misleading representation or declaration; or

(e)the licensed supplier is a licensed testing facility operator and gives the commissioner a written report of a test of gaming equipment that the supplier knows is false or misleading in a material particular.

s 139 ins 1997 No. 24 s 13

amd 1999 No. 8 s 39; 1999 No. 77 s 51; 2000 No. 51 s 52; 2001 No. 45 s 29 sch 3; 2004 No. 21 s 123 sch; 2008 No. 2 s 44; 2012 No. 25 ss 87, 109(1)