Gaming Machine Act 1991


Queensland Crest
Gaming Machine Act 1991

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

Part 1 Preliminary

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. 35s 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. 43s 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. 63s 2 sch

amd 2013 No. 25s 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. 63s 2 sch

amd 1997 No. 24s 61 sch; 2012 No. 25s 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. 63s 2 sch

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

5.18[Repealed]

s 5.18 amd 1992 No. 35 sch

om 1993 No. 63s 2 sch

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. 8s 6

amd 2001 No. 45s 29sch 3; 2007 No. 36s 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. 77s 5

amd 2007 No. 36s 2 sch

8[Repealed]

s 8 ins 1999 No. 77s 5

amd 2002 No. 43s 112sch 2; 2004 No. 21s 31

om 2009 No. 24s 558

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. 11s 5

sub 2000 No. 51s 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. 11s 5

amd 2000 No. 51s 22B

10.20[Repealed]

s 10.20 om 1992 No. 35 sch

11Meaning of percentage return to player

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

equation

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. 11s 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. 63s 2 sch

amd 2007 No. 36s 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. 44s 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. 35s 5

Part 2 Administration

Division 1 Commissioner for Liquor and Gaming

pt 2 div 1 hdg ins 2012 No. 25s 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. 14s 266(4); 2010 No. 51s 14

sub 2012 No. 25s 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. 14s 266(5)

sub 2012 No. 25s 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. 14s 266(6); 1999 No. 8s 7; 2000 No. 51s 23

sub 2012 No. 25s 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. 14s 266(7); 2000 No. 51s 23A; 2002 No. 66s 6

sub 2012 No. 25s 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. 25s 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. 25s 38

21[Repealed]

s 21 om 2012 No. 25s 38

22[Repealed]

s 22 amd 1992 No. 35 sch; 1998 No. 14s 266(8); 2000 No. 16s 590sch 1 pt 2; 2004 No. 21s 123 sch

om 2012 No. 25s 38

23[Repealed]

s 23 om 2012 No. 25s 38

24[Repealed]

s 24 amd 1992 No. 35 sch

om 2012 No. 25s 38

25[Repealed]

s 25 amd 1992 No. 35 sch; 2000 No. 51s 23B; 2002 No. 66s 7

om 2012 No. 25s 38

26[Repealed]

s 26 amd 1997 No. 24s 61 sch

om 2012 No. 25s 38

27[Repealed]

s 27 amd 1998 No. 14s 266(9)

om 2012 No. 25s 38

28[Repealed]

s 28 amd 1995 No. 58s 4sch 1; 2002 No. 43s 31

om 2012 No. 25s 38

Division 2 Review and appeals

pt 2 div 2 hdg ins 2012 No. 25s 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. 87s 3sch 1; 1995 No. 58s 4sch 1; 1997 No. 24 ss 6, 61 sch; 1999 No. 8s 8; 1999 No. 77s 6; 2000 No. 51s 24; 2002 No. 43s 32; 2003 No. 41s 4; 2004 No. 21s 123 sch; 2007 No. 42s 31

sub 2009 No. 24s 559

amd 2009 No. 41s 50

sub 2012 No. 25s 39

amd 2013 No. 25s 44

29A[Repealed]

s 29A ins 2002 No. 43s 33

om 2009 No. 24s 559

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. 77s 16

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

sub 2009 No. 24s 559

amd 2012 No. 25s 40

30A[Repealed]

s 30A ins 2002 No. 43s 35

om 2009 No. 24s 559

30B[Repealed]

s 30B ins 2002 No. 43s 35

om 2009 No. 24s 559

30C[Repealed]

s 30C ins 2002 No. 43s 35

om 2009 No. 24s 559

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. 24s 8

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

sub 2009 No. 24s 559

amd 2012 No. 25s 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. 24s 61 sch

pres s 32 ins 1999 No. 77s 7

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

sub 2009 No. 24s 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. 24s 61 sch

pres s 33 ins 1997 No. 24s 8

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

sub 2009 No. 24s 559

34[Repealed]

s 34 ins 1997 No. 24s 8

amd 1999 No. 77s 9

om 2009 No. 24s 559

35[Repealed]

s 35 ins 1997 No. 24s 8

amd 1999 No. 77s 10

om 2009 No. 24s 559

36[Repealed]

s 36 prev s 36 amd 1992 No. 35 sch; 1995 No. 58s 4sch 1; 1997 No. 24s 61 sch

om 1999 No. 77s 20

pres s 36 ins 1999 No. 77s 11

om 2009 No. 24s 559

37[Repealed]

s 37 prev s 37 om 1997 No. 24s 61 sch

pres s 37 amd 1999 No. 77s 12; 2004 No. 21s 35

om 2009 No. 24s 559

38[Repealed]

s 38 ins 1997 No. 24s 8

amd 1999 No. 19s 3 sch; 1999 No. 77s 13

om 2009 No. 24s 559

39[Repealed]

s 39 amd 1992 No. 35 sch; 1996 No. 37s 147sch 2

sub 1997 No. 24s 61 sch; 1999 No. 77s 14

om 2005 No. 12s 34

40[Repealed]

s 40 amd 1992 No. 35 sch; 1996 No. 37s 147sch 2

sub 1999 No. 77s 14

om 2005 No. 12s 34

41[Repealed]

s 41 amd 1992 No. 35 sch

sub 1999 No. 77s 14

om 2005 No. 12s 34

42[Repealed]

s 42 ins 1999 No. 77s 14

om 2005 No. 12s 34

43[Repealed]

s 43 ins 1999 No. 77s 14

om 2005 No. 12s 34

44[Repealed]

s 44 ins 1999 No. 77s 14

om 2005 No. 12s 34

45[Repealed]

s 45 ins 1999 No. 77s 14

om 2005 No. 12s 34

46[Repealed]

s 46 ins 1999 No. 77s 14

om 2005 No. 12s 34

47[Repealed]

s 47 ins 1999 No. 77s 14

om 2005 No. 12s 34

48[Repealed]

s 48 ins 1999 No. 77s 14

om 2008 No. 2s 26

Division 3 Miscellaneous

pt 2 div 3 hdg ins 2012 No. 25s 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. 77s 15; 2012 No. 25s 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. 8s 9

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

sub 2005 No. 12s 35

amd 2008 No. 2s 27

sub 2012 No. 25s 44

amd 2013 No. 25s 45; 2013 No. 62s 6

51[Repealed]

s 51 ins 1999 No. 8s 9

amd 2000 No. 51s 20 sch; 2002 No. 43s 38

om 2005 No. 12s 35

52[Repealed]

s 52 amd 1992 No. 35 sch

sub 1997 No. 24s 61 sch; 1999 No. 8s 9

om 2005 No. 12s 35

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. 63s 5; 1995 No. 58s 4sch 1; 1997 No. 24s 61 sch

sub 1999 No. 8s 10

amd 1999 No. 77s 18; 2000 No. 5s 373sch 2; 2000 No. 51s 20 sch; 2004 No. 21s 36; 2005 No. 12s 36; 2007 No. 36s 2 sch; 2012 No. 25s 45; 2013 No. 25s 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. 63s 2 sch

om 1997 No. 24s 11

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

sub 2004 No. 21s 37

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

54A[Repealed]

s 54A ins 2003 No. 41s 6

om 2012 No. 25s 48

54B[Repealed]

s 54B ins 2005 No. 12s 37

om 2012 No. 25s 48

54C[Repealed]

s 54C ins 2005 No. 12s 37

om 2012 No. 25s 48

Part 3 Gaming machine licences

Division 1 Authorisation of gaming machine gambling

pt 3 div 1 hdg ins 2000 No. 51s 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. 24s 61 sch; 1999 No. 8s 11; 1999 No. 77s 21; 2000 No. 51s 26A; 2012 No. 25s 49

Division 2 General requirements for applications of significant community impact

pt 3 div 2 hdg ins 2000 No. 51s 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. 51s 27

amd 2007 No. 42s 32; 2012 No. 25s 109(1); 2013 No. 25s 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. 51s 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. 51s 27

amd 2012 No. 25 ss 51, 109(1); 2013 No. 25s 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. 51s 27

amd 2011 No. 38s 79; 2012 No. 25 ss 52, 109(1), 110; 2013 No. 62s 7; 2013 No. 44s 269sch 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. 51s 27; 2012 No. 25s 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. 51s 27

amd 2012 No. 25s 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. 51s 27

amd 2012 No. 25s 109(1)

Division 3 Applications for gaming machine licences

pt 3 div 3 hdg ins 2000 No. 51s 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. 2s 28

amd 2009 No. 41s 21; 2012 No. 25s 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. 35s 6; 1993 No. 63s 2 sch; 1995 No. 58s 4sch 1; 1997 No. 24s 61 sch; 1998 No. 11s 6; 1999 No. 8s 12; 1999 No. 77s 22; 2000 No. 51s 28; 2001 No. 50s 6; 2003 No 41 s 7; 2005 No. 12s 38; 2008 No. 2s 29; 2008 No. 48s 59(1) sch; 2012 No. 25 ss 53, 109(1); 2013 No. 25s 49; 2013 No. 62s 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. 42s 33

amd 2009 No. 41 s 22; 2012 No. 25 ss 54, 109(1); 2014 No. 30s 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. 41s 23

amd 2012 No. 25 ss 55, 109(1); 2014 No. 30s 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. 87s 3sch 1; 1997 No. 24s 61 sch

sub 1999 No. 8s 13

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

sub 2012 No. 25s 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. 8s 13

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

sub 2012 No. 25s 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. 8s 13

sub 2000 No. 51s 31

amd 2002 No. 43s 42; 2003 No. 41s 8; 2007 No. 42s 35; 2009 No. 41s 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. 8s 13

sub 2000 No. 51s 31

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

Division 4 Application for additional licensed premises

pt 3 div 4 hdg ins 2000 No. 51s 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. 8s 13

amd 1999 No. 77s 25; 2000 No. 51s 32; 2008 No. 48s 59(1) sch; 2009 No. 41s 26; 2012 No. 25s 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. 8s 13

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

sub 2012 No. 25s 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. 8s 13

amd 2000 No. 51s 34

sub 2012 No. 25s 58; 2014 No. 30s 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. 8s 13

sub 2000 No. 51s 35

amd 2012 No. 25 ss 109(1), 110; 2014 No. 30s 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. 8s 13

amd 2012 No. 25 ss 109(1), 110

Division 5 Change of circumstance

pt 3 div 5 hdg ins 2000 No. 51s 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. 63s 7

amd 1997 No. 24s 61 sch; 1999 No. 8s 14; 1999 No. 77s 156; 2001 No. 45s 29sch 3; 2004 No. 21s 123 sch; 2012 No. 25s 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. 8s 15

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

Division 6 Gaming machine licences generally

pt 3 div 6 hdg ins 2000 No. 51s 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. 58s 4sch 1; 1997 No. 24s 61 sch; 1999 No. 8s 16; 2003 No. 41s 9; 2008 No. 2s 30; 2009 No. 41s 27; 2012 No. 25s 59; 2013 No. 25s 51; 2014 No. 30s 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. 63s 2 sch; 1994 No. 87s 3sch 1; 1997 No. 24 ss 10, 61 sch

om 1998 No. 11s 7

pres s 44 ins 1999 No. 8s 17

amd 2012 No. 25s 109(1); 2013 No. 25s 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. 24s 61 sch; 1998 No. 11s 8; 1999 No. 8s 18; 2012 No. 25s 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. 77s 28; 2004 No. 21s 39; 2012 No. 25s 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. 21s 40

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

72[Repealed]

s 72 amd 1999 No. 8s 19

om 2013 No. 25s 54

72C[Repealed]

s 72C ins 1997 No. 24s 13

om 1999 No. 77s 37

72D[Repealed]

s 72D ins 1997 No. 24s 13

om 1999 No. 8s 34

72N[Repealed]

s 72N ins 1997 No. 24s 13

om 1999 No. 8s 35

72ZD[Repealed]

s 72ZD ins 1997 No. 24s 13

om 1999 No. 8s 38

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. 77s 155; 2012 No. 25s 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. 24s 61 sch; 2002 No. 43s 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. 24s 61 sch; 2012 No. 25s 109(1)

76[Repealed]

s 76 amd 1992 No. 35 sch; 1993 No. 63s 2 sch; 1995 No. 58s 4sch 1; 1997 No. 24s 61 sch; 1999 No. 8s 20; 1999 No. 77s 3sch 1; 2002 No. 43s 45; 2012 No. 25s 109(1)

om 2013 No. 25s 55

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

amd 2001 No. 50s 7; 2003 No. 41s 10; 2008 No. 48s 59(1) sch; 2009 No. 41s 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. 41s 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. 63s 2 sch; 1995 No. 58s 4sch 1; 1997 No. 24s 61 sch; 1997 No. 81 s 3 sch; 1998 No. 111997 No. 81s 3 sch; 1998 No. 11s 9

sub 1999 No. 8s 21

om 2000 No. 51s 38

pres s 79 ins 2004 No. 21s 41

amd 2008 No. 48s 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. 8s 21

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

80A[Repealed]

s 80A ins 2002 No. 43s 46

amd 2005 No. 12s 39; 2007 No. 42s 36; 2012 No. 25s 110

om 2013 No. 25s 56

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. 41s 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. 41s 31

Division 7 Increase of approved number of gaming machines

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

sub 1999 No. 8s 21

amd 2001 No. 50s 8; 2003 No. 41s 12; 2012 No. 25s 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. 8s 21

amd 2002 No. 43s 47

sub 2012 No. 25s 64

amd 2013 No. 62s 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. 8s 21

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

sub 2012 No. 25s 64

84[Repealed]

s 84 ins 1999 No. 8s 21

amd 2000 No. 51s 41

om 2012 No. 25s 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. 8s 21

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

85AA[Repealed]

s 85AA ins 2002 No. 43s 48

amd 2007 No. 42s 37; 2012 No. 25s 110

om 2013 No. 25s 57

Division 8 Increase of approved hours of gaming

pt 3 div 8 hdg ins 2000 No. 51s 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. 51s 42

amd 2012 No. 25s 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. 51s 42

sub 2012 No. 25s 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. 51s 42

sub 2012 No. 25s 65

85D[Repealed]

s 85D ins 2000 No. 51s 42

om 2012 No. 25s 65

Division 9 Decrease of approved number of gaming machines

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. 63s 2 sch; 1994 No. 87s 3sch 1; 1997 No. 24s 61 sch

sub 1999 No. 8s 21

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

86A[Repealed]

s 86A ins 2003 No. 41s 14

om 2008 No. 2s 32

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. 8s 21

pres s 87 sub 2003 No. 41s 15

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

88[Repealed]

s 88 prev s 88 ins 1999 No. 8s 21

amd 1999 No. 77s 3sch 1; 2000 No. 51s 43

pres s 88 sub 2003 No. 41s 15

amd 2012 No. 25s 109(1)

om 2013 No. 62s 10

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. 41s 15

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

88B[Repealed]

s 88B ins 2003 No. 41s 15

om 2004 No. 21s 42

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. 8s 21

amd 1999 No. 77s 30; 2003 No. 41s 16; 2012 No. 25s 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. 8s 21

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

Division 10 Decrease of approved hours of gaming

pt 3 div 10 hdg ins 2000 No. 51s 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. 51s 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. 51s 45

sub 2012 No. 25s 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. 51s 45

sub 2012 No. 25s 66

90D[Repealed]

s 90D ins 2000 No. 51s 45

om 2012 No. 25s 66

Division 11 Relocation of gaming machine areas

pt 3 div 11 hdg ins 2000 No. 51s 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. 35s 8, sch; 1993 No. 63s 2 sch; 1997 No. 24s 61 sch; 1998 No. 11s 10; 1999 No. 8s 22; 1999 No. 77s 31; 2002 No. 43s 50; 2012 No. 25 ss 109(1), 110

Division 11A Ceasing gaming at particular licensed premises

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. 43s 51

amd 2009 No. 41s 35; 2012 No. 25 ss 109(1), 110; 2013 No. 25s 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. 43s 51

amd 2012 No. 25s 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. 43s 51

amd 2012 No. 25s 109(1); 2013 No. 62s 13

Division 12 Disclosure and investigations

pt 3 div 12 hdg ins 2000 No. 51s 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. 58s 4sch 1; 1997 No. 24s 61 sch; 1999 No. 8s 23; 1999 No. 77s 156; 2001 No. 45s 29sch 3; 2012 No. 25s 109(1); 2013 No. 25s 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. 24s 61 sch; 1999 No. 77s 155; 2012 No. 25s 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. 24s 61 sch; 1999 No. 77s 157; 2002 No. 43s 112sch 2; 2012 No. 25s 109(1)

sub 2013 No. 25s 62

Division 13 Surrender, suspension, cancellation etc.

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. 63s 2 sch; 1995 No. 58s 4sch 1; 1997 No. 24s 61 sch; 1999 No. 8s 24; 1999 No. 77s 3sch 1; 2000 No. 51s 48; 2002 No. 43 ss 52, 111–112 schs 1–2; 2003 No. 41s 18; 2009 No. 41s 36; 2012 No. 25 ss 109(1), 110; 2013 No. 252013No. 25s 63; 2013 No. 62s 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. 42s 38

amd 2009 No. 41s 37; 2012 No. 25 ss 109(1), 110; 2013 No. 62s 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. 41s 38

amd 2012 No. 25 ss 109(1), 110; 2013 No. 62s 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. 8s 26; 1999 No. 77s 32; 2000 No. 51s 49; 2001 No. 45s 29sch 3; 2002 No. 43s 53; 2003 No. 41s 20; 2004 No. 21s 123 sch; 2009 No. 41s 39; 2009 No. 24s 559A (amd 2009 No. 48s 97); 2012 No. 25s 67; 2013 No. 25s 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. 63s 2 sch; 1997 No. 24s 61 sch; 1999 No. 8s 27; 2002 No. 43s 54; 2012 No. 25s 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. 8s 28

amd 2002 No. 43s 55; 2008 No. 2s 35; 2012 No. 25s 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. 24s 61 sch; 1999 No. 8s 29; 2012 No. 25s 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. 8s 30

amd 2012 No. 25s 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. 81s 3 sch; 1999 No. 8s 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. 8s 32

amd 1999 No. 77s 3sch 1; 2000 No. 51s 50; 2002 No. 43s 56; 2012 No. 25s 109(1); 2013 No. 25s 66; 2013 No. 62s 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. 8s 32

amd 2012 No. 25s 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. 8s 33; 1999 No. 77s 33; 2001 No. 45s 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. 77s 34; 2012 No. 25s 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. 77s 35; 2012 No. 25s 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. 35s 10

amd 1993 No. 63s 9

sub 2000 No. 51s 51

amd 2012 No. 25s 109(1)

Part 3A Operating authorities for category 1 licensed premises

pt 3A hdg ins 2003 No. 41s 21

Division 1 Preliminary

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. 41s 21

Division 2 Sale of operating authorities

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. 41s 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. 41s 21

amd 2009 No. 41s 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. 41s 21

amd 2013 No. 25s 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. 41s 21

amd 2013 No. 25s 68

Division 3 Other matters about operating authorities

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. 41s 21

amd 2012 No. 25s 72; 2013 No. 25s 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. 41s 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. 41s 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. 41s 21

amd 2012 No. 25s 109(1)

Part 3B Entitlements for category 2 licensed premises

pt 3B hdg ins 2009 No. 41s 41

Division 1 Preliminary

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. 41s 21

om 2008 No. 2s 36

pres s 109J ins 2009 No. 41s 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. 41s 41

amd 2012 No. 25s 110

Division 2 Permanent transfer of entitlements

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. 41s 41

amd 2013 No. 25s 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. 41s 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. 41s 41

amd 2012 No. 25s 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. 41s 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. 41s 41

amd 2012 No. 25s 76; 2014 No. 30s 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. 41s 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. 41s 41

amd 2012 No. 25s 109(1)

Division 3 Temporary transfer of entitlements

pt 3B div 3 hdg ins 2009 No. 41s 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. 41s 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. 41s 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. 41s 41

amd 2012 No. 25s 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. 41s 41

amd 2012 No. 25s 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. 41s 41

amd 2012 No. 25s 81; 2014 No. 30s 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. 41s 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. 41s 41

amd 2012 No. 25s 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. 41s 41

Division 4 Entitlements of the State

pt 3B div 4 hdg ins 2009 No. 41s 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. 41s 41

amd 2012 No. 25s 83; 2013 No. 25s 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. 41s 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. 41s 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. 41s 41

amd 2014 No. 30s 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. 41s 41

amd 2013 No. 25s 72

Division 5 Miscellaneous

pt 3B div 5 hdg ins 2009 No. 41s 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. 41s 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. 41s 41

amd 2012 No. 25s 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. 41s 41

amd 2012 No. 25 ss 84, 109(1); 2013 No. 25s 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. 41s 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. 41s 41

amd 2012 No. 25s 109(1)

Part 4 Licensing of monitoring operators, dealers and testing facility operators

pt 4 hdg ins 1997 No. 24s 13

amd 1999 No. 77s 36

sub 2008 No. 2s 37

Division 1 Interpretation

pt 4 div 1 hdg ins 1997 No. 24s 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. 24s 13

sub 1999 No. 77s 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. 24s 13

sub 1999 No. 77s 37

Division 2 Suitability of persons

pt 4 div 2 hdg ins 1997 No. 24s 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. 24s 13

amd 1999 No. 77s 38; 2008 No. 2s 38; 2012 No. 25s 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. 24s 13

amd 1999 No. 77s 39; 2008 No. 2s 39; 2012 No. 25s 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. 24s 13

amd 2012 No. 25s 109(1)

Division 3 Applications for, and issue of, suppliers’ licences

pt 4 div 3 hdg ins 1997 No. 24s 13

amd 1999 No. 77s 3sch 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. 24s 27

om 1999 No. 8s 84

pres s 115 ins 1997 No. 24s 13

amd 1999 No. 77s 3sch 1; 2012 No. 25s 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. 63s 2 sch; 1995 No. 58s 4sch 1; 1997 No. 24s 61 sch

om 1999 No. 8s 84

pres s 116 ins 1997 No. 24s 13

amd 1999 No. 77s 3sch 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. 35s 12

om 1999 No. 77s 93

pres s 117 ins 1997 No. 24s 13

amd 1999 No. 77 ss 156, 3 sch 1; 2012 No. 25s 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. 24s 13

amd 1999 No. 77 ss 156, 3 sch 1; 2012 No. 25s 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. 24s 13

amd 1999 No. 77s 3sch 1; 2012 No. 25s 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. 24s 13

amd 1999 No. 77s 40; 2012 No. 25s 109(1)

121[Repealed]

s 121 ins 1997 No. 24s 13

amd 1999 No. 8s 36; 1999 No. 77s 4; 2002 No. 43s 57

om 2012 No. 25s 86

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. 24s 13

amd 1999 No. 77s 3sch 1

sub 2012 No. 25s 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. 24s 13

amd 1999 No. 77s 42; 2002 No. 43s 58; 2008 No. 2s 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. 24s 13

amd 1999 No. 77s 3sch 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. 24s 13

amd 1999 No. 77s 43; 2008 No. 2s 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. 77s 44

amd 2012 No. 25 ss 109(1), 110

Division 4 Dealings affecting suppliers’ licences

pt 4 div 4 hdg ins 1997 No. 24s 13

amd 1999 No. 77s 3sch 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. 24s 13

amd 1999 No. 77s 45; 2004 No. 21s 43; 2008 No. 2s 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. 24s 13

amd 1999 No. 77s 3sch 1; 2012 No. 25s 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. 24s 13

amd 1999 No. 77s 3sch 1; 2012 No. 25s 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. 87s 3sch 1; 1997 No. 24s 61 sch; 1998 No. 11s 12

om 1999 No. 77s 96

pres s 130 ins 1997 No. 24s 13

amd 1999 No. 77s 46; 2012 No. 25s 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. 24s 61 sch

om 1999 No. 77s 96

pres s 131 ins 1997 No. 24s 13

amd 1999 No. 77s 47; 2002 No. 43s 59; 2008 No. 2s 43; 2012 No. 25s 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. 24s 61 sch

om 1999 No. 77s 96

pres s 132 ins 1997 No. 24s 13

sub 1999 No. 77s 48

amd 2012 No. 25s 109(1)

133Licence not transferable

A supplier’s licence is not transferable.

s 133 prev s 133 amd 1992 No. 35 sch; 1997 No. 24s 61 sch

om 1999 No. 77s 96

pres s 133 ins 1997 No. 24s 13

sub 1999 No. 77s 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. 63s 2 sch; 1997 No. 24s 61 sch

om 1999 No. 77s 96

pres s 134 ins 1997 No. 24s 13

amd 1999 No. 8s 37; 1999 No. 77s 49; 2012 No. 25s 109(1)

Division 5 Investigation of licensed suppliers and associates

pt 4 div 5 hdg ins 1997 No. 24s 13

amd 1999 No. 77s 3sch 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. 24s 13

sub 1999 No. 8s 38

amd 1999 No. 77s 3sch 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. 24s 13

sub 1999 No. 8s 38; 1999 No. 77s 50

amd 2002 No. 43s 60; 2012 No. 25s 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. 24s 13

amd 2012 No. 25s 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. 24s 13

amd 1999 No. 77s 155; 2012 No. 25s 109(1)

Division 6 Suspension and cancellation of suppliers’ licences

pt 4 div 6 hdg ins 1997 No. 24s 13

amd 1999 No. 77s 3sch 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. 24s 13

amd 1999 No. 8s 39; 1999 No. 77s 51; 2000 No. 51s 52; 2001 No. 45s 29sch 3; 2004 No. 21s 123 sch; 2008 No. 2s 44; 2012 No. 25 ss 87, 109(1)

140Show cause notice

(1)This section applies if the commissioner believes—
(a)a ground exists to suspend or cancel a supplier’s licence; and
(b)the act, omission or other thing constituting the ground is of a serious nature; and
(c)either—
(i)the integrity of gaming or the conduct of gaming may be jeopardised; or
(ii)the public interest may be affected adversely.
(2)The commissioner must give the licensed supplier a written notice (a show cause notice)—
(a)stating that action (the proposed action) is proposed to be taken under this division about the supplier’s licence; and
(b)stating the grounds for the proposed action; and
(c)outlining the facts and circumstances forming the basis for the grounds; and
(d)inviting the licensed supplier to show within a stated period (the show cause period) why the proposed action should not be taken; and
(e)if the licensed supplier is a licensed monitoring operator—stating any requirements made of the licensed supplier by the commissioner under section 141(3).
(3)The show cause period must end not less than 21 days after the show cause notice is given to the licensed supplier.
(4)The licensed supplier may make written representations about the show cause notice to the commissioner in the show cause period.

s 140 ins 1997 No. 24s 13

amd 1999 No. 8s 40; 1999 No. 77s 52; 2012 No. 25s 109(1)

141Involvement of interested persons of licensed monitoring operators in show cause process

(1)This section applies only if the licensed supplier to whom the show cause notice is given is a licensed monitoring operator.
(2)The commissioner must give a copy of the show cause notice to each person the commissioner believes is an interested person of the licensed supplier.
(3)Also, the commissioner may, by the show cause notice—
(a)require the licensed supplier, within the period stated in the notice, to give a copy of the notice to each interested person of the licensed supplier (other than an interested person to whom a copy of the notice is given under subsection (2)); and
(b)if the commissioner considers it appropriate—require the licensed supplier to give the copy in the way the commissioner considers appropriate.
(4)If a requirement under subsection (3)(a) relates to an indirectly interested person of the licensed supplier, the commissioner may, at the licensed supplier’s request, by written notice given to the licensed supplier, designate the person to be an excluded interested person for the licensed supplier.
(5)However, the commissioner may designate a person to be an excluded interested person for the licensed supplier only if the commissioner considers it would not be appropriate, or would be unreasonable, in the circumstances to require the licensed supplier to give a copy of the show cause notice 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 supplier’s licence;
(c)the likelihood of the licensed supplier’s interest being improperly prejudiced;
(d)another issue the commissioner considers relevant.
(6)If a requirement is made of the licensed supplier under subsection (3), the licensed supplier must comply with the requirement, unless—
(a)the licensed supplier has a reasonable excuse; or
(b)the interested person to whom the requirement relates is an excluded interested person for the licensed supplier.

Maximum penalty—40 penalty units.

(7)An interested person to whom a copy of the show cause notice is given, or is required to be given, under this section may make written representations about the notice to the commissioner in the show cause period.

s 141 ins 1997 No. 24s 13

sub 1999 No. 8s 41

amd 1999 No. 77s 53; 2012 No. 25s 109(1)

142Consideration of representations

The commissioner must consider all written representations (the accepted representations) made in the show cause period by—
(a)the licensed supplier; or
(b)if the licensed supplier is a licensed monitoring operator—an interested person of the licensed supplier to whom a copy of the show cause notice is given, or is required to be given.

s 142 prev s 142 sub 1992 No. 35s 18

amd 1995 No. 58s 4sch 1; 1997 No. 24 ss 35, 61 sch

om 1999 No. 77s 107

pres s 142 ins 1997 No. 24s 13

amd 1999 No. 8s 42; 1999 No. 77s 54; 2012 No. 25s 109(1)

143Ending show cause process without further action

(1)This section applies if, after considering the accepted representations for the show cause notice, the commissioner no longer believes a ground exists to suspend or cancel the supplier’s licence.
(2)The commissioner must not take further action about the show cause notice and, by written notice, must advise the licensed supplier accordingly.

s 143 ins 1997 No. 24s 13

amd 1999 No. 8s 43; 1999 No. 77s 3sch 1; 2012 No. 25s 109(1)

144Censuring licensed supplier

(1)This section applies if, after considering the accepted representations for the show cause notice, the commissioner—
(a)still believes a ground exists to suspend or cancel the supplier’s licence; but
(b)does not believe suspension or cancellation of the licence is warranted.
(2)This section also applies if the commissioner has not given a show cause notice to a licensed supplier, but—
(a)believes a ground exists to suspend or cancel the supplier’s licence; and
(b)does not believe the giving of a show cause notice is warranted.
(3)The commissioner may, by written notice given to the licensed supplier, censure the licensed supplier for a matter relating to the ground for suspension or cancellation.

s 144 ins 1997 No. 24s 13

amd 1999 No. 77s 3sch 1; 2012 No. 25s 109(1)

145Direction to rectify

(1)This section applies if, after considering the accepted representations for the show cause notice, the commissioner—
(a)still believes a ground exists to suspend or cancel the supplier’s licence; and
(b)believes further action, other than censuring of the licensed supplier, is warranted.
(2)This section also applies if there are no accepted representations for the show cause notice.
(3)The commissioner may—
(a)by written notice given to the licensed supplier, direct the licensed supplier to rectify a matter relating to the ground for suspension or cancellation within the period stated in the notice; or
(b)take action under section 147.
(4)The period stated in the notice must be reasonable, having regard to the nature of the matter to be rectified.
(5)The commissioner may direct the licensed supplier to rectify a matter only if the commissioner considers—
(a)the matter is reasonably capable of being rectified; and
(b)it is appropriate to give the licensed supplier an opportunity to rectify the matter.

s 145 ins 1997 No. 24s 13

amd 1999 No. 77s 3sch 1; 2012 No. 25 ss 88, 109(1)

146[Repealed]

s 146 ins 1997 No. 24s 13

amd 1999 No. 77s 3sch 1

om 2012 No. 25s 89

147Decision to suspend or cancel

(1)This section applies if—
(a)the circumstances mentioned in section 145(1) or (2) exist and the commissioner has not directed the licensed supplier to rectify a matter; or
(b)the licensed supplier fails to comply with a direction to rectify a matter within the period stated in the relevant notice.
(2)The commissioner may—
(a)decide not to take any action in relation to the licensed supplier or licence; or
(b)by written notice given to the licensed supplier, censure the licensed supplier for a matter relevant to the show cause notice; or
(c)if the commissioner considers a matter relevant to the show cause notice is reasonably capable of being rectified—by written notice given to the licensed supplier, direct the licensed supplier to rectify the matter within the reasonable period stated in the commissioner’s notice; or
(d)suspend the licence for the period the commissioner considers appropriate; or
(e)cancel the licence; or
(f)if the licensed supplier is a licensed monitoring operator—appoint an administrator to conduct the monitoring operations of the licensed supplier under its monitoring operator’s licence.
(3)In making a decision under subsection (2), the commissioner—
(a)must have regard to the accepted representations; and
(b)may have regard to any other information or material the commissioner considers relevant.
(4)If the commissioner directs the licensed supplier to rectify a matter and the licensed supplier fails to comply with the direction within the period stated in the relevant notice, the commissioner may—
(a)take the action mentioned in subsection (2)(d) or (e); or
(b)if the licensed supplier is a licensed monitoring operator—take the action mentioned in subsection (2)(f).
(5)If the commissioner decides not to take any action about the licensed supplier or supplier’s licence, the commissioner must immediately give the licensed supplier written notice of the decision.
(6)Subsections (2)(f) and (4)(b) apply despite the Corporations Act.

s 147 ins 1997 No. 24s 13

amd 1999 No. 8s 44; 1999 No. 77s 55; 2001 No. 45s 29 schs 2–3; 2008 No. 2s 45

sub 2012 No. 25s 89

148Suspension, cancellation and appointment of administrator

(1)This section applies if the commissioner decides—
(a)to suspend or cancel a supplier’s licence held by a licensed supplier; or
(b)for a licensed supplier who is a licensed monitoring operator—to appoint an administrator to conduct the licensed supplier’s monitoring operations.
(2)The commissioner must immediately give the licensed supplier an information notice for the decision.
(3)The decision takes effect on—
(a)the day the information notice is given to the licensed supplier; or
(b)if a later day is stated in the notice—the later day.
(4)If a supplier’s licence is cancelled, the person to whom the information notice about the decision is given must, within 14 days after receiving the notice, return the licence to the commissioner.

Maximum penalty—40 penalty units.

(5)At any time a suspension of a supplier’s licence is in force, the commissioner may, by written notice given to the licensed supplier, for any remaining period of suspension—
(a)cancel the period; or
(b)reduce the period by a stated period.

s 148 ins 1997 No. 24s 13

amd 1999 No. 8s 45; 1999 No. 77 ss 56, 157; 2012 No. 25 ss 90, 109(1), 110

149Immediate suspension

(1)The commissioner may immediately suspend a supplier’s licence if the commissioner believes—
(a)a ground exists to suspend or cancel the licence; and
(b)the act, omission or other thing constituting the ground is of a serious nature; and
(c)either—
(i)the integrity of gaming or the conduct of gaming is jeopardised; or
(ii)the public interest is affected adversely.
(2)If the commissioner decides to immediately suspend a supplier’s licence, the commissioner—
(a)must promptly give the licensed supplier an information notice; and
(b)must give the licensed supplier a show cause notice, as required under section 140(1), about the act, omission or other thing constituting the ground for suspending the licence.
(3)The suspension of a supplier’s licence—
(a)takes effect—
(i)when the information notice is given to the licensed supplier; or
(ii)if an earlier notice of the suspension is given orally to the licensed supplier by the commissioner—when the oral notice is given to the licensed supplier; and
(b)continues to operate until the show cause notice is finally dealt with.
(4)The giving of a show cause notice does not affect a suspension under subsection (1).

s 149 ins 1997 No. 24s 13

amd 1999 No. 77s 3sch 1; 2012 No. 25s 91

150Effect of suspension

The suspension of a supplier’s licence has the same effect as the cancellation of the licence, but does not affect—
(a)a penalty or liability incurred by the licensed supplier; or
(b)the exercise of the powers of the commissioner or an inspector.

s 150 ins 1997 No. 24s 13

amd 1999 No. 77s 3sch 1; 2012 No. 25s 92

151Terms of appointment, and role, of administrator

(1)This section applies if the commissioner appoints an administrator to conduct the monitoring operations of a licensed monitoring operator.
(2)For any matter not provided for under this Act, the administrator holds office on terms decided by the commissioner.
(3)The administrator—
(a)has full control of, and responsibility for, the monitoring operations (including operations relating to anything that had been started but not finished at the time of the administrator’s appointment); and
(b)subject to any directions of the Minister, must conduct the monitoring operations as required by this Act as if the administrator were the licensed monitoring operator.
(4)The costs of and incidental to the conduct and administration of the monitoring operations by the administrator (the administration costs) are payable by the licensed monitoring operator.
(5)Any profits derived from the conduct of the monitoring operations by the administrator are, after payment of the administration costs, to be paid to the licensed monitoring operator.

s 151 ins 1999 No. 8s 46

amd 1999 No. 77s 3sch 1; 2012 No. 25s 110

152Notices to interested persons

(1)This section applies if the commissioner—
(a)is required, under section 143(2), not to take further action about a show cause notice given to a licensed supplier under section 140(2); or
(b)censures a licensed supplier under section 144(3); or
(c)directs a licensed supplier to rectify a matter under section 145(3).
(2)This section also applies if, under section 147(2), the commissioner—
(a)decides not to take any action about a licensed supplier or supplier’s licence; or
(b)censures a licensed supplier; or
(c)directs a licensed supplier to rectify a matter; or
(d)suspends or cancels a supplier’s licence; or
(e)appoints an administrator to conduct the monitoring operations of a licensed monitoring operator.
(3)This section also applies if the commissioner—
(a)suspends or cancels a supplier’s licence under section 147(4); or
(b)appoints an administrator under section 147(4) to conduct the monitoring operations of a licensed monitoring operator; or
(c)suspends a supplier’s licence under section 149(1).
(4)However, this section applies only if the licensed supplier is a licensed monitoring operator and—
(a)the commissioner gave a copy of the relevant show cause notice to a person under section 141; or
(b)the licensed supplier gave, or was required to give, a copy of the relevant show cause notice to a person because of a requirement made of the licensed supplier under section 141.
(5)If the commissioner took the action mentioned in subsection (4)(a) in relation to a person, the commissioner must, as soon as practicable after an event mentioned in subsection (1), (2) or (3) happens, give written notice of the event to the person.
(6)If the licensed supplier took, or was required to take, the action mentioned in subsection (4)(b) in relation to a person, the licensed supplier must, within 7 days after receiving a show cause result notice for an event mentioned in subsection (1), (2) or (3), give a copy of the notice to the person.
(7)For subsections (5) and (6), an event for subsection (1)(a) is taken to be the arising of a requirement mentioned in the paragraph.
(8)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 making of a decision mentioned in subsection (2)(a); or
(iii)the taking of action mentioned in subsection (2)(d) or (e) or (3)(a), (b) or (c); or
(b)the notice by which action mentioned in subsection (1)(b) or (c) or (2)(b) or (c) is taken.

s 152 ins 1997 No. 24s 13

sub 1999 No. 8s 47

amd 1999 No. 77s 57; 2000 No. 51s 20 sch; 2012 No. 25 ss 109(1), 110

Division 7 Obligations of licensed suppliers

pt 4 div 7 hdg ins 1997 No. 24s 13

sub 1999 No. 77s 58

Subdivision 1 Obligations for all licensed suppliers

pt 4 div 7 sdiv 1 hdg ins 1999 No. 77s 58

153Change in circumstances of licensed supplier

(1)A licensed supplier must, within 7 days after the happening of an event mentioned in subsection (2), give written notice of the event to the commissioner.

Maximum penalty—100 penalty units.

(2)The events required to be notified by the licensed supplier are as follows—
(a)the licensed supplier changes its name or address;
(b)the licensed supplier is convicted of—
(i)an offence against this Act; or
(ii)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);
(c)the licensed supplier is affected by control action under the Corporations Act.

s 153 ins 1997 No. 24s 13

amd 1999 No. 77 ss 156, 3 sch 1; 2001 No. 45s 29sch 3; 2004 No. 21s 123 sch; 2012 No. 25s 109(1)

154Fresh disclosure affidavit by licensed supplier

(1)This section applies to a licensed supplier if a change happens affecting information contained in—
(a)the disclosure affidavit that accompanied the application for its supplier’s licence; or
(b)a disclosure affidavit, or the last disclosure affidavit, given to the commissioner under section 118 by the licensed supplier; or
(c)a disclosure affidavit, or the last disclosure affidavit, given to the commissioner under this section by the licensed supplier.
(2)Within 7 days after the change, the licensed supplier must give a fresh disclosure affidavit to the commissioner.

Maximum penalty—100 penalty units.

s 154 ins 1997 No. 24s 13

amd 1999 No. 77 ss 156, 3 sch 1; 2012 No. 25s 109(1)

155Change of officers of licensed supplier

(1)This section applies to a licensed supplier if a change happens by which a person stops being, or becomes, the secretary or an executive officer of the licensed supplier.
(2)The licensed supplier must, as required by this section, notify the commissioner of—
(a)the change; and
(b)the name, address and date of birth of the person involved in the change.

Maximum penalty—40 penalty units.

(3)The notice must—
(a)be in the approved form; and
(b)by given within 7 days after the change.

s 155 ins 1997 No. 24s 13

amd 1999 No. 77 ss 157, 3 sch 1; 2012 No. 25s 109(1)

156Returns about employees

(1)A licensed supplier, other than a licensed testing facility operator, must give the commissioner a return as required under section 183 stating the name of each person employed by the licensed supplier for the supply operations of the licensed supplier when the return is given.

Maximum penalty—40 penalty units.

(2)However, if the licensed supplier is a licensed monitoring operator, the licensed supplier is not required to state under subsection (1) in the return—
(a)the name of a person employed by the licensed supplier as a licensed key monitoring employee; or
(b)the name of a person employed by the licensed supplier as a licensed repairer.

s 156 ins 1999 No. 8s 48

sub 1999 No. 77s 59

amd 2008 No. 2s 46; 2012 No. 25s 109(1)

157Notice about failure of licensee to pay amount

(1)This section applies if a licensee fails to pay to a licensed supplier, on or before the due date for payment, an amount or a part of an amount (other than a basic monitoring fee) payable by the licensee to the licensed supplier for a matter relating to the supply operations of the licensed supplier.
(2)The licensed supplier must give the commissioner a notice as required under section 184 advising of the licensee’s failure to pay the amount, or the part of the amount, on or before the due date for payment.

Maximum penalty for subsection (2)—40 penalty units.

s 157 ins 1999 No. 8s 48

sub 1999 No. 77s 59

amd 2012 No. 25s 109(1)

Subdivision 2 Additional obligations for licensed monitoring operators

pt 4 div 7 sdiv 2 hdg ins 1999 No. 77s 59

158Returns about licensed key monitoring employees

A licensed monitoring operator must give the commissioner a return as required under section 183 stating the name and licence number of each person employed by the operator as a licensed key monitoring employee when the return is given.

Maximum penalty—40 penalty units.

s 158 ins 1997 No. 24s 13

amd 1997 No. 81s 3 sch

sub 1999 No. 8s 49; 1999 No. 77s 59

amd 2012 No. 25s 109(1)

159Change of licensed key monitoring employees

(1)This section applies to a licensed monitoring operator if—
(a)a person becomes employed by the operator as a licensed key monitoring employee; or
(b)a person stops being employed by the operator as a licensed key monitoring employee.
(2)The licensed monitoring operator must give the commissioner a notice as required by this section stating—
(a)the person’s name and licence number; and
(b)the name and licence number of each other person employed by the operator as a licensed key monitoring employee when the notice is given.

Maximum penalty—40 penalty units.

(3)The notice must—
(a)be in the approved form; and
(b)be given within 7 days after the person becoming, or stopping to be, employed by the licensed monitoring operator as a licensed key monitoring employee.

s 159 ins 1997 No. 24s 13

amd 1999 No. 77s 3sch 1; 2012 No. 25s 109(1)

160Ending person’s employment

(1)If a licensed monitoring operator becomes aware a person employed by the operator as a licensed key monitoring employee is not a licensed key monitoring employee, the operator must immediately end the person’s employment as a licensed key monitoring employee.

Maximum penalty—200 penalty units.

(2)Subsection (1) applies despite another Act or law or any award or agreement of an industrial nature.
(3)A licensed monitoring operator does not incur any liability because the operator ends the employment of a person under subsection (1).

s 160 ins 1997 No. 24s 13

amd 1999 No. 77 ss 155, 3 sch 1

161Requirement to end key officer’s role

(1)This section applies if—
(a)a key monitoring employee’s licence held by a key officer for a licensed monitoring operator is cancelled or suspended; or
(b)a key officer for a licensed monitoring operator ceases to hold a key monitoring employee’s licence for some other reason.
(2)The commissioner may, by written notice given to the licensed monitoring operator, require the operator to take any action that is necessary and reasonable to ensure the person ceases to be a key officer for the operator within the time stated in the notice.
(3)The licensed monitoring operator must comply with the requirement, unless the operator has a reasonable excuse.

Maximum penalty—40 penalty units.

(4)This section applies to a licensed monitoring operator despite any other Act or law.
(5)A licensed monitoring operator does not incur any liability because of action taken to comply with a requirement under this section.

s 161 ins 1999 No. 8s 50

amd 1999 No. 77s 3sch 1; 2012 No. 25s 109(1)

162Notice about failure of licensee to pay basic monitoring fee

(1)This section applies if a licensee fails to pay to a licensed monitoring operator, on or before the due date for payment, a basic monitoring fee, or a part of a basic monitoring fee, payable by the licensee to the operator for basic monitoring services supplied by the operator to the licensee.
(2)The licensed monitoring operator must give the commissioner a notice as required under section 184 advising of the licensee’s failure to pay the fee, or the part of the fee, on or before the due date for payment.

Maximum penalty for subsection (2)—40 penalty units.

s 162 ins 1999 No. 77s 60

amd 2012 No. 25s 109(1)

Division 8 Compliance requirements

pt 4 div 8 hdg ins 1999 No. 8s 51

Subdivision 1 Control systems

pt 4 div 8 sdiv 1 hdg ins 1999 No. 8s 51

162AApplication of sdiv 1

This subdivision does not apply to a licensed testing facility operator.

s 162A ins 2008 No. 2s 47

163Control system for supply operations

(1)A licensed supplier must not conduct the supplier’s supply operations unless the supplier has a control system complying with section 164 for the operations.

Maximum penalty—200 penalty units.

(2)The licensed supplier must not contravene its control system in the conduct of its supply operations.

Maximum penalty—200 penalty units.

(3)A licensed supplier must, on request by the commissioner, make its control system available for inspection by the commissioner.

Maximum penalty—200 penalty units.

s 163 ins 1999 No. 8s 51

amd 1999 No. 77s 3sch 1

sub 2002 No. 43s 61

amd 2012 No. 25s 109(1); 2013 No. 25s 74

164Requirements for control system

(1)A licensed supplier’s control system for supply operations must—
(a)be in writing; and
(b)include details about each matter stated in subsection (2) for the supply operations, to the extent the matter relates to the internal controls to be put in place by the supplier to protect the integrity of gaming and the conduct of gaming.
(2)For subsection (1)(b), the matters are—
(a)accounting systems and procedures; and
(b)administrative systems and procedures; and
(c)computer software; and
(d)systems and procedures for the maintenance, security, storage and transportation of equipment; and
(e)systems and procedures for using and maintaining security facilities; and
(f)the general procedures to be followed for the supply operations.

s 164 ins 1999 No. 8s 51

amd 1999 No. 77s 61

sub 2002 No. 43s 61

amd 2003 No. 41s 22; 2004 No. 21s 123 sch; 2005 No. 12s 88 sch; 2012 No. 25s 109(1)

sub 2013 No. 25s 75

165Commissioner may give direction about content of control system

(1)This section applies if the commissioner considers a licensed supplier’s control system is insufficient for protecting the integrity of gaming and the conduct of gaming.
(2)The commissioner may, by written notice to the supplier, direct the supplier to include in its control system additional details about 1 or more matters mentioned in section 164(2) within the reasonable period, and in the way, stated in the notice.
(3)If the supplier does not comply with the direction, at the end of the period stated in the notice the supplier’s control system is taken to have been changed in the way stated in the notice.

s 165 ins 1999 No. 8s 51

amd 1999 No. 77s 62

sub 2002 No. 43s 61

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

sub 2013 No. 25s 75

166[Repealed]

s 166 ins 1999 No. 8s 51

amd 1999 No. 77s 3sch 1

sub 2002 No. 43s 61

amd 2005 No. 12s 40; 2012 No. 25s 109(1)

om 2013 No. 25s 75

167[Repealed]

s 167 ins 1999 No. 8s 51

amd 1999 No. 77s 3sch 1

sub 2002 No. 43s 61

amd 2012 No. 25s 109(1)

om 2013 No. 25s 75

Subdivision 2 Monitoring records

pt 4 div 8 sdiv 2 hdg ins 1999 No. 8s 51

168Notices about keeping monitoring records

(1)The commissioner may, by written notice given to a licensed supplier—
(a)approve, as a place at which the supplier may keep the supplier’s monitoring records, a place, other than the supplier’s main office, nominated by the supplier; or
(b)specify a monitoring record of the supplier (an exempt record) that may be kept at a place that is not an approved place for the keeping of the record; or
(c)specify a monitoring record of the supplier that may be kept temporarily at a place (a holding place) that is not an approved place for the keeping of the record, and the period for which, or the circumstances in which, the record may be kept at the holding place; or
(d)approve the keeping of information contained in a monitoring record of the supplier in a way different from the way the information was originally kept; or
(e)approve the destruction of a monitoring record the commissioner considers need not be kept.
(2)The commissioner may specify a monitoring record for subsection (1)(b) only if the commissioner considers there is sufficient reason for the record to be kept at a place that is not an approved place for the keeping of the record.
(3)A monitoring record mentioned in subsection (1)(c) is also an exempt monitoring record
(a)for the period stated in the notice; or
(b)while the circumstances stated in the notice exist.
(4)The exercise of the commissioner’s power under subsection (1)(d) or (e) is subject to any other law about the retention or destruction of the monitoring record.

s 168 ins 1999 No. 8s 51

amd 1999 No. 77s 63; 2000 No. 51s 53; 2012 No. 25s 109(1)

169Places at which monitoring records to be kept

(1)A licensed supplier must keep the supplier’s monitoring records at a place that is an approved place for the keeping of the records.

Maximum penalty—40 penalty units.

(2)Subsection (1) does not apply to an exempt monitoring record.

s 169 ins 1999 No. 8s 51

sub 1999 No. 77s 64; 2000 No. 51s 54

170Period for which monitoring records to be kept

(1)A licensed supplier must keep a monitoring record of the supplier for 5 years after the end of the transaction to which the record relates.

Maximum penalty—40 penalty units.

(2)Subsection (1) does not apply to a monitoring record if—
(a)the information previously contained in the record is kept in another way under an approval of the commissioner; or
(b)the record has been destroyed under an approval of the commissioner.
(3)Subsection (1) has effect subject to any other law about the retention or destruction of the monitoring record.

s 170 ins 1999 No. 8s 51

amd 1999 No. 77 ss 65, 3 sch 1; 2000 No. 51s 55; 2012 No. 25s 109(1)

Subdivision 3 Financial accounts, statements and reports

pt 4 div 8 sdiv 3 hdg ins 1999 No. 8s 51

171Keeping of accounts

A licensed monitoring operator must—
(a)keep accounting records that correctly record and explain the transactions and financial position for the operator’s monitoring operations; and
(b)keep the accounting records in a way that allows—
(i)true and fair financial statements and accounts to be prepared from time to time; and
(ii)the financial statements and accounts to be conveniently and properly audited.

Maximum penalty—100 penalty units.

s 171 ins 1999 No. 8s 51

amd 1999 No. 77s 3sch 1

172Preparation of financial statements and accounts

(1)A licensed monitoring operator must prepare financial statements and accounts as required by this section giving a true and fair view of the financial operations of the operator conducted under the operator’s licence.

Maximum penalty—100 penalty units.

(2)The financial statements and accounts must include the following—
(a)trading accounts, if applicable, for each financial year;
(b)profit and loss accounts for each financial year;
(c)a balance sheet as at the end of each financial year.

s 172 ins 1999 No. 8s 51

amd 1999 No. 77s 3sch 1

173Submission of reports

(1)A licensed supplier must give reports to the commissioner as required by this section about the supplier’s supply operations.

Maximum penalty—100 penalty units.

(2)The reports must be given at the times stated in a written notice given to the licensed supplier by the commissioner.
(3)A report must be in the approved form.
(4)The commissioner may, by written notice given to a licensed supplier, require the supplier to give the commissioner further information about a report within a reasonable time stated in the notice to help the commissioner acquire a proper appreciation of the supplier’s supply operations.
(5)A licensed supplier must comply with a requirement under subsection (4) within the time stated in the notice, unless the supplier has a reasonable excuse.

Maximum penalty—100 penalty units.

(6)A licensed supplier must not give the commissioner a report containing information, or further information about a report, the supplier knows to be false, misleading or incomplete in a material particular.

Maximum penalty—200 penalty units.

(7)Subsection (6) does not apply to a licensed supplier if the supplier, when giving the report or further information—
(a)informs the commissioner in writing, to the best of the supplier’s ability, how the return or information is false, misleading or incomplete; and
(b)if the supplier has, or can reasonably obtain, the correct information—gives the correct information.
(8)It is enough for a complaint for an offence against subsection (6) to state that the report or information was false, misleading or incomplete to the defendant’s knowledge.

s 173 ins 1999 No. 8s 51

amd 1999 No. 77s 3sch 1; 2002 No. 43s 62; 2012 No. 25s 109(1)

Subdivision 4 Financial institution accounts

pt 4 div 8 sdiv 4 hdg ins 1999 No. 8s 51

174Keeping of accounts

A licensed monitoring operator must keep a financial institution account, or financial institution accounts, approved by the commissioner for use for all banking or similar transactions for the operator’s monitoring operations.

Maximum penalty—40 penalty units.

s 174 ins 1999 No. 8s 51

amd 1999 No. 77s 3sch 1; 2012 No. 25s 109(1)

175Use of accounts

A licensed monitoring operator must not use a financial institution account approved by the commissioner other than for a purpose for which it is approved.

Maximum penalty—40 penalty units.

s 175 ins 1999 No. 8s 51

amd 1999 No. 77s 3sch 1; 2012 No. 25s 109(1)

Subdivision 5 Audit

pt 4 div 8 sdiv 5 hdg ins 1999 No. 8s 51

176Operators audit guidelines

(1)The commissioner may prepare guidelines (operators audit guidelines) for the carrying out of audits under this subdivision.
(2)The commissioner must keep copies of the operators audit guidelines available for inspection and permit a person—
(a)to inspect the guidelines without fee; and
(b)to take extracts from the guidelines without fee.
(3)Also, the commissioner must keep copies of the operators audit guidelines available for supply to persons and permit a person to obtain a copy of the guidelines, or a part of the guidelines, without fee.
(4)For subsection (2)—
(a)copies of the operators audit guidelines—
(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 of the guidelines kept at a place must be available for inspection during office hours on business days for the place.

s 176 ins 1999 No. 8s 51

amd 1999 No. 77s 66; 2012 No. 25s 109(1)

177Audit of monitoring operations

(1)As soon as practicable after the end of a financial year, a licensed monitoring operator must, at the operator’s own expense, cause the operator’s books, accounts and financial statements for the operator’s monitoring operations for the financial year to be audited by a registered company auditor approved by the commissioner.

Maximum penalty—200 penalty units.

(2)If a licensed monitoring operator ceases to be a licensed monitoring operator, the person (the former operator) must, within the required time, at the former operator’s own expense, take the appropriate audit action.

Maximum penalty—200 penalty units.

(3)The appropriate audit action for subsection (2) is for the former operator to cause the former operator’s books, accounts and financial statements for the former operator’s monitoring operations for the operating period to be audited by a registered company auditor approved by the commissioner.
(4)The required time for the former operator to take the appropriate audit action is—
(a)the period ending 1 month after the former operator ceases to be a licensed monitoring operator; or
(b)if the commissioner extends, or further extends, the period for the former operator to take the action, by written notice given to the former operator in the period or extended period—the period as extended.
(5)In this section—
operating period, for a former operator, means—
(a)if an audit for the former operator’s monitoring operations has been done for subsection (1)—the period—
(i)starting on the day immediately after the end of the period to which the audit, or last audit, related; and
(ii)ending on the day the former operator ceased to be a licensed monitoring operator; or
(b)if paragraph (a) does not apply—the period starting on the day the former operator’s monitoring operations started and ending on the day the former operator ceased to be a licensed monitoring operator.

s 177 ins 1999 No. 8s 51

amd 1999 No. 77s 67; 2012 No. 25s 109(1)

178Carrying out of audit

(1)A registered company auditor carrying out an audit for section 177 must—
(a)to the extent it is reasonably practicable, comply with any operators audit guidelines; and
(b)complete the audit within 3 months after the end of the financial year or other period to which the audit relates; and
(c)immediately after completing the audit, give a copy of the audit report to the licensed monitoring operator or former operator.

Maximum penalty—40 penalty units.

(2)Subsection (1)(b) does not apply to the auditor if—
(a)in the circumstances, it would be unreasonable to require the auditor to comply with the paragraph; and
(b)the auditor completes the audit as soon as practicable.

s 178 prev s 178 amd 1992 No. 35 sch

om 1999 No. 8s 108

pres s 178 ins 1999 No. 8s 51

amd 1999 No. 77s 68

179Dealing with audit report

Within 14 days after a licensed monitoring operator or former operator receives a copy of an audit report under section 178(1)(c), the operator or former operator must give a copy of the report to the commissioner.

Maximum penalty—200 penalty units.

s 179 ins 1999 No. 77s 69

amd 2012 No. 25s 109(1)

180Associated documents for audit report for licensed monitoring operator

(1)A licensed monitoring operator, on receiving a copy of an audit report under section 178(1)(c) for a financial year, must, in addition to giving a copy of the report to the commissioner under section 179, give to the commissioner, as required under this section—
(a)if the registered company auditor who carried out the audit issued a management letter for the audit—a copy of the management letter; and
(b)a copy of the audited financial statements for the operator’s monitoring operations for the financial year; and
(c)a copy of a profit and loss statement containing the required details of revenue and expenditure for the operator’s monitoring operations for the financial year; and
(d)if an entity controls the licensed monitoring operator—a copy of the consolidated financial statements for the entity.

Maximum penalty—200 penalty units.

(2)A document mentioned in subsection (1)(a) must be given to the commissioner with the copy of the audit report given to the commissioner.
(3)A document mentioned in subsection (1)(b) to (d) must be given to the commissioner—
(a)if the licensed monitoring operator’s annual general meeting for the financial year was held before the operator received the copy of the audit report—with the copy of the audit report given to the commissioner; or
(b)if paragraph (a) does not apply—within 14 days after the licensed monitoring operator’s annual general meeting for the financial year is held.
(4)Subsection (1) applies to the licensed monitoring operator for a profit and loss statement only to the extent to which the audited financial statements given to the commissioner do not contain the required details of revenue and expenditure for the operator’s monitoring operations for the relevant financial year.
(5)In this section—
control see the Corporations Act, section 50AA.
required details of expenditure, for the monitoring operations of a licensed monitoring operator for a financial year, means details of expenditure incurred by the operator for the year for a matter in carrying on the monitoring operations, including, for example—
(a)the payment of wages; and
(b)the payment of consultancy fees; and
(c)the supply of gaming equipment, or ancillary or related equipment; and
(d)the acquisition, supply, maintenance or use of information technology (whether or not, in the case of maintenance, it is being used by the operator or someone else, or, in the case of use, it is the operator’s or someone else’s technology).
required details of revenue, for the monitoring operations of a licensed monitoring operator for a financial year, means details of revenue received by the operator for the year for a matter in carrying on the monitoring operations, including, for example—
(a)the supply of basic monitoring services; and
(b)the supply of information technology for use for supplying basic monitoring services; and
(c)the supply of gaming equipment, or ancillary or related equipment; and
(d)the supply of services relating to any of the following matters (whether or not the services are associated with the supply of equipment)—
(i)training;
(ii)marketing;
(iii)linked jackpot arrangements;
(iv)the giving of advice about management.

s 180 ins 1999 No. 8s 51

amd 1999 No. 77s 70; 2002 No. 43s 63; 2012 No. 25s 109(1)

181Further information about audit report or associated documents

(1)This section applies on the receipt by the commissioner of—
(a)a copy of an audit report under section 179; or
(b)a document under section 180.
(2)The commissioner may, by written notice given to the person from whom the copy of the audit report or other document is received, require the person to give the commissioner, within a reasonable time stated in the notice, the information stated in the notice.
(3)The commissioner may require a person to give the commissioner information about a matter under subsection (2) only if—
(a)the matter relates to the person’s monitoring operations; and
(b)the matter is mentioned in, or arises out of—
(i)the audit report a copy of which is received by the commissioner from the person; or
(ii)the other document received by the commissioner from the person.
(4)When making a requirement of a person under subsection (2), the commissioner must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.
(5)A person to whom a notice is given under subsection (2) must comply with the requirement mentioned in the notice within the stated time, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(6)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.

s 181 ins 1999 No. 77s 71

amd 2012 No. 25s 109(1)

Division 9 Other matters

pt 4 div 9 hdg ins 1997 No. 24s 13

182Disclosure affidavits about persons having influence or receiving benefits

(1)This section applies to each of the following affidavits (a disclosure affidavit)—
(a)an affidavit required by section 115(3) to accompany an application made by a person for a supplier’s licence;
(b)an affidavit required by section 118 to be given to the commissioner by an applicant for a supplier’s licence;
(c)an affidavit required by section 130 to accompany an application for renewal of a supplier’s licence made by the licensed supplier;
(d)an affidavit required by section 154 to be given to the commissioner by a licensed supplier.
(2)In this section, a reference to the responsible body is a reference to each of the following—
(a)a person mentioned in subsection (1)(a);
(b)an applicant mentioned in subsection (1)(b);
(c)a licensed supplier mentioned in subsection (1)(c) or (d).
(3)The affidavit must be in the approved form and made by—
(a)the principal executive officer of the responsible body; or
(b)if the principal executive officer does not have knowledge of the relevant facts—another person who has the knowledge and is authorised by the responsible body to make the affidavit.
(4)The affidavit must disclose the following—
(a)whether or not a person (other than an authorised involved person of the responsible body) may, under an agreement, be able to influence a decision made by the responsible body, or the secretary or an executive officer of the responsible body, about the performance of the general functions that are, or are to be, permitted by the supplier’s licence;
(b)whether or not a person (other than the responsible body) may, under an agreement, expect to receive a benefit from the responsible body because of the performance of the general functions that are, or are to be, permitted by the supplier’s licence;
(c)the names of all persons who have a substantial holding in the responsible body.
(5)Also, if there is a person who satisfies a description mentioned in subsection (4)(a) or (b), the affidavit must disclose—
(a)if the person is an individual—the person’s name, address and date of birth; and
(b)if the person is a body corporate—
(i)the body corporate’s name; and
(ii)the name, address and date of birth of the secretary and each executive officer of the body corporate; and
(c)full and correct particulars of the agreement.
(6)Despite subsections (4) and (5), the affidavit need not disclose anything prescribed under a regulation as being exempt from the operation of this section.
(7)In this section—
agreement includes a lease or arrangement.
authorised involved person, of a responsible body, means the secretary, or an executive officer, member or shareholder, of the responsible body carrying out the duties, or exercising the normal rights, the person has in that capacity.

s 182 (prev s 72ZZ) ins 1997 No. 24s 13

renum 1999 No. 8s 52

amd 1999 No. 77s 3sch 1; 2001 No. 45s 29sch 3; 2002 No. 43s 112sch 2; 2012 No. 25s 109(1)

183Requirements for returns about employees

(1)This section applies to—
(a)a return required to be given to the commissioner under section 156 by a licensed supplier (the licensed entity); or
(b)a return required to be given to the commissioner under section 158 by a licensed monitoring operator (also the licensed entity).
(2)The return must—
(a)be in the approved form; and
(b)be given within 14 days after the licensed entity receives a written request from the commissioner to give the return.
(3)However, the commissioner must not, for subsection (2)(b), ask a licensed entity to give the commissioner a return under section 156 or 158 within 1 month after the time by which the licensed entity was last required to give a return under the section.

s 183 ins 1999 No. 77s 72

amd 2012 No. 25s 109(1)

184Requirements for notices about unpaid amounts

(1)This section applies to—
(a)a notice required to be given to the commissioner by a licensed supplier under section 157; or
(b)a notice required to be given to the commissioner by a licensed monitoring operator under section 162.
(2)The notice must—
(a)be in writing; and
(b)be given within 1 month after the due date for payment of the fee or other amount to which the notice relates.
(3)The notice must state—
(a)the matter for which the fee or other amount to which the notice relates is payable; and
(b)the due date for payment; and
(c)the amount involved; and
(d)whether or not, when the notice is given, the fee or other amount, or a part of the fee or other amount, remains unpaid.

s 184 ins 1999 No. 77s 72

amd 2012 No. 25s 109(1)

Part 5 Licensing of repairers, service contractors, gaming nominees and key monitoring employees

pt 5 hdg amd 1997 No. 24s 14; 1999 No. 8s 53; 2012 No. 25s 20

Division 1 Preliminary

pt 5 div 1 hdg ins 2004 No. 21s 123 sch

185Meaning of key monitoring employee

(1)A person employed by a licensed monitoring operator for the operator’s monitoring operations is a key monitoring employee of the operator if the person—
(a)occupies or acts in a managerial position, or carries out managerial functions, in relation to the operations; or
(b)is in a position to affect or significantly influence the operations; or
(c)occupies or acts in a position designated in the operator’s control system as a key position.
(2)Subsection (1)(a) applies to a position only if the position is designated by the commissioner as a key position.
(3)Subsection (1)(a) applies to functions only if the functions are designated by the commissioner as key functions.
(4)Subsection (1)(b) applies to an employee of a licensed monitoring operator only if the employee is designated by the commissioner as being in a key position.
(5)A designation of the commissioner for subsection (2), (3) or (4) must be made by written notice given to the licensed monitoring operator.

s 185 ins 1999 No. 8s 54

amd 1999 No. 77s 3sch 1; 2007 No. 36 s 2 sch; 2012 No. 25s 109(1); 2013 No. 25s 76

186Meaning of key officer

A person is a key officer of a licensed monitoring operator if the person is a person (other than a person employed by the operator) who—
(a)is in a position to control or exercise significant influence over the operator’s monitoring operations; or
(b)is associated with the operator in a way that enables the person to control or exercise significant influence over the operator’s monitoring operations; or
(c)occupies a position, or has an association, with the operator of a kind that makes the person a key officer under criteria prescribed under a regulation.

s 186 ins 1999 No. 8s 54

amd 1999 No. 77s 3sch 1; 2007 No. 36 s 2 schsch 1; 2007 No. 36s 2 sch

187Unlicensed persons not to install etc. gaming equipment

(1)Subject to subsection (3), a person who is not an inspector or a licensed repairer must not install, alter, adjust, maintain or repair gaming equipment on licensed premises.

Maximum penalty—200 penalty units.

(2)Subject to subsection (3), a person must not—
(a)employ or allow; or
(b)cause another person to employ or allow;

a person who is not an inspector or a licensed repairer to install, alter, adjust, maintain or repair gaming equipment on licensed premises.

Maximum penalty—200 penalty units.

(3)This section does not apply to such installation, alteration, adjustment, maintenance or repair that is prescribed for the purposes of this subsection.

s 187 amd 1992 No. 35 sch; 1999 No. 77s 155

188Entering into service contracts

(1)A person must not enter into a service contract with a licensed monitoring operator or the commissioner unless the person is—
(a)an authorised service provider; or
(b)a licensee.

Maximum penalty—100 penalty units.

(2)A person must not enter into a service contract with an authorised service provider unless the person is—
(a)a licensed monitoring operator; or
(b)a gaming trainer.

Maximum penalty—100 penalty units.

(3)A person must not enter into a service contract with a licensee unless the person is a licensed monitoring operator.

Maximum penalty—100 penalty units.

(4)A person must not enter into an agreement with an authorised service provider to subcontract a service contract from the authorised service provider unless the person is an authorised service provider.

Maximum penalty—100 penalty units.

(5)An authorised service provider must not enter into an agreement with another person to subcontract a service contract to the other person unless the other person is an authorised service provider.

Maximum penalty—100 penalty units.

(6)An authorised service provider to whom a service contract is subcontracted under an agreement with another authorised service provider must not subcontract the service contract.

Maximum penalty—100 penalty units.

(7)A person must not enter into an agreement with a licensed monitoring operator to subcontract a service contract from the operator unless the person is a licensed monitoring operator.

Maximum penalty—100 penalty units.

(8)A licensed monitoring operator must not enter into an agreement with another person to subcontract a service contract to the other person unless the other person is a licensed monitoring operator.

Maximum penalty—100 penalty units.

(9)A licensed monitoring operator to whom a service contract is subcontracted under an agreement with another licensed monitoring operator must not subcontract the service contract.

Maximum penalty—100 penalty units.

(10)In this section—
authorised service provider means—
(a)a licensed service contractor; or
(b)a licensed repairer carrying on the business of a licensed repairer in the person’s own right and not as a partner in a partnership.

s 188 amd 1992 No. 35 sch; 1997 No. 24s 61 sch; 1999 No. 8s 55

sub 1999 No. 77s 73

amd 2012 No. 25s 109(1)

189Requirements for carrying out gaming duties on licensed premises

(1)A person must not carry out gaming duties on licensed premises unless the person is—
(a)a gaming employee; or
(b)an eligible licensee for the premises.

Maximum penalty—200 penalty units.

Note—

See also section 189A(1).
(2)A licensee who is not an eligible licensee must ensure that, when the licensee’s licensed premises are open for the conduct of gaming, at least 1 person employed by the licensee for carrying out gaming duties for the premises who holds a current responsible service of gambling course certificate is present on the premises or is readily available for carrying out the duties for the premises.

Maximum penalty—200 penalty units.

(3)An eligible licensee must ensure that, when the licensee’s licensed premises are open for the conduct of gaming, the licensee, or at least 1 person employed by the licensee for carrying out gaming duties for the premises who holds a current responsible service of gambling course certificate, is present on the premises or is readily available for carrying out gaming duties for the premises.

Maximum penalty—200 penalty units.

(4)For subsection (2), a nominee of a licensee in the licensee’s employ is taken to be a person in the licensee’s employ for carrying out gaming duties for the premises for which the person is the licensee’s nominee.
(5)In this section—
eligible licensee, for licensed premises, means the licensee for the premises if the licensee—
(a)is an individual; and
(b)is ordinarily present on the premises when the premises are open for the conduct of gaming.

s 189 amd 1992 No. 35 sch; 1993 No. 63s 2 sch; 1997 No. 24s 61 sch

sub 1999 No. 8s 56

amd 1999 No. 77s 74; 2008 No. 48s 59(1) sch; 2009 No. 41s 42

sub 2012 No. 25s 21

amd 2012 No. 25s 109(1) (amdt could not be given effect)

189ARequirement to hold current responsible service of gambling course certificate

(1)Without limiting section 189(1), a person must not carry out gaming duties or gaming tasks on licensed premises unless the person holds a current responsible service of gambling course certificate.

Maximum penalty—40 penalty units.

(2)Subsection (1) does not apply—
(a)for a person who becomes an eligible licensee for the premises after the commencement of this section—until 3 months after the person becomes an eligible licensee for the premises; or
(b)for a person who becomes a nominee of the licensee for the premises after the commencement of this section—until 3 months after the person becomes a nominee of the licensee for the premises; or
(c)for a person who starts to be employed by the licensee to carry out gaming duties or gaming tasks on the premises after the commencement of this section—until 3 months after the start of the employment.
(3)A person must not employ or allow, or cause another person to employ or allow, a person (the employee) to carry out gaming duties or gaming tasks on licensed premises unless the employee holds a current responsible service of gambling course certificate.

Maximum penalty—40 penalty units.

(4)Subsection (3) does not apply, in relation to a person who starts to be employed to carry out gaming duties or gaming tasks on the premises after the commencement of this section, until 3 months after the start of the employment.
(5)A licensee—
(a)must keep a register containing the information prescribed under a regulation about current responsible service of gambling course certificates held by persons carrying out gaming duties or gaming tasks on the licensed premises; and
(b)must keep the register available for inspection by an inspector at the premises.

Maximum penalty—40 penalty units.

(6)In this section—
eligible licensee see section 189(5).
gaming tasks means tasks about the conduct of gaming prescribed under a regulation.

s 189A ins 2009 No. 41s 43

amd 2012 No. 25s 22

190Unlicensed persons not to be key monitoring employees

(1)A person must not carry out a function of a key monitoring employee unless the person is a licensed key monitoring employee.

Maximum penalty—200 penalty units.

(2)A licensed monitoring operator must not—
(a)employ, or use the services of, a person to carry out a function of a key monitoring employee unless the person is a licensed key monitoring employee; or
(b)allocate, or permit to be allocated, to a person the carrying out of any function of a key monitoring employee unless the person is a licensed key monitoring employee.

Maximum penalty for subsection (2)—200 penalty units.

s 190 ins 1997 No. 24s 15

amd 1999 No. 77 ss 155, 3 sch 1

191Certain persons must complete approved responsible service of gambling course

(1)This section applies if the commissioner considers a person connected with, or who is an employee of, a licensee—
(a)has the power to exercise a significant influence over the conduct of gaming by the licensee; or
(b)because of—
(i)the person’s remuneration or policymaking position; or
(ii)any other criteria prescribed under a regulation;

exercises or is able to exercise authority of such a nature or to such an extent in respect of the conduct of gaming by the licensee as to make it desirable in the public interest that that person hold a current responsible service of gambling course certificate.

(1A)The commissioner must, by written notice, require the person to complete an approved responsible service of gambling course, and obtain a current responsible service of gambling course certificate, within 3 months after the person receives the notice.
(2)The commissioner must cause a copy of the notice to be served on the licensee.
(3)A person who fails within 3 months to comply with a notice under subsection (1A) and continues to be connected or employed as referred to in subsection (1) commits an offence against this Act.

Maximum penalty—200 penalty units.

(4)Where a person fails within 3 months to comply with a notice under subsection (1A) and continues to be connected or employed as referred to in subsection (1), the commissioner must cause a written notice of the failure to be served on the licensee.
(5)Despite any other Act or law or any industrial award or agreement, the licensee must, immediately after a notice under subsection (4) is served, ensure that the person does not continue to be connected or employed as referred to in subsection (1).

Maximum penalty—200 penalty units.

(6)A licensee does not incur any liability in respect of the termination under this section of any connection or employment referred to in subsection (1).

s 191 amd 1992 No. 35 sch; 1997 No. 24s 61 sch; 1999 No. 8s 57; 1999 No. 77s 155; 2002 No. 43s 64; 2012 No. 25 ss 23, 109(1)

192Certain persons must apply for key monitoring employee’s licence

(1)If the commissioner considers a person is a key officer of a licensed monitoring operator, the commissioner must, by written notice given to the person, require the person, within 7 days after receiving the notice, either—
(a)to apply for a key monitoring employee’s licence; or
(b)to stop being a key officer of the operator.
(2)The commissioner must give a copy of the notice to the licensed monitoring operator.
(3)The person to whom the notice is given must, within 7 days after receiving the notice, comply with the requirement (the licensing requirement) stated in the notice, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(4)If the person fails to comply with the licensing requirement, the commissioner must give written notice of the failure to the licensed monitoring operator.
(5)The licensed monitoring operator must, immediately on receipt of the notice under subsection (4), end the association with, or employment of, the person.

Maximum penalty—200 penalty units.

(6)If the person complies with the licensing requirement by applying for a key monitoring employee’s licence but the commissioner refuses to grant the application—
(a)on receipt by the person of notice of the refusal—the person must stop being a key officer of the licensed monitoring operator; and
(b)on receipt by the operator of notice of the refusal—the operator must end the association with, or employment of, the person.

Maximum penalty—200 penalty units.

(7)Subsections (5) and (6)(b) apply to the licensed monitoring operator despite another Act or law or any award or agreement of an industrial nature.
(8)A licensed monitoring operator does not incur any liability because the operator ends an association with, or the employment of, a person under this section.

s 192 ins 1997 No. 24s 16

amd 1999 No. 77 ss 155, 3 sch 1; 2002 No. 43s 65; 2012 No. 25s 109(1)

193Meaning of nominee

(1)A person is a nominee of a licensee for premises if—
(a)the person is a licensed gaming nominee; and
(b)the person is designated by the licensee to be the licensee’s nominee for the premises; and
(c)when the designation takes effect—
(i)the person is not the nominee of the licensee or another licensee for other premises; and
(ii)another person is not the licensee’s nominee for the premises.
(2)A person is a nominee of a licensee for premises if—
(a)the person is employed by the licensee and holds a current responsible service of gambling course certificate; and
(b)the person is designated by the licensee to be the licensee’s nominee for the premises for a period of not more than 1 month; and
(c)when the designation takes effect—
(i)the person is not the nominee of the licensee or another licensee for other premises; and
(ii)another person is not the licensee’s nominee for the premises under this subsection or subsection (3), (4) or (5).
(3)A person is a nominee of a licensee for premises if the person—
(a)is employed by the licensee and holds a current responsible service of gambling course certificate; and
(b)is, with the commissioner’s approval, designated by the licensee to be the licensee’s nominee for the premises for a period longer than 1 month.
(4)A person is a nominee of a licensee for premises if the person—
(a)is an applicant for a gaming nominee’s licence; and
(b)is, with the commissioner’s approval, designated by the licensee to be the licensee’s nominee for the premises.
(5)A person is a nominee of a licensee for premises if the person is, with the commissioner’s approval, designated by the licensee to be the licensee’s nominee for the premises for a period of not more than 7 days.
(6)However, a person is a licensee’s nominee only if—
(a)the designation by the licensee of the person as the licensee’s nominee is done with the person’s agreement; and
(b)the designation and agreement are in force; and
(c)for a person designated by the licensee to be the licensee’s nominee for a stated period—the stated period has not ended.
(7)A person stops being a nominee of a licensee for premises under subsection (1) during any period for which another person is the licensee’s nominee for the premises under subsection (2), (3), (4) or (5).
(8)The commissioner must refuse to give an approval for subsection (3), (4) or (5) if—
(a)the person sought to be designated by the licensee for the premises is the nominee of the licensee or another licensee for other premises; or
(b)another person is the licensee’s nominee for the premises under a provision of this section other than subsection (1).

s 193 ins 1999 No. 8s 58

sub 1999 No. 77s 75

amd 2007 No. 36s 2 sch; 2012 No. 25 ss 24, 109(1)

194Identity cards for certain nominees

(1)A licensee must give an identity card to a person who is a nominee of the licensee under section 193(3) or (4).
(2)An identity card must comply with the requirements prescribed under a regulation.
(3)A person to whom an identity card is given must return the card to the licensee on the day the person ceases to be the licensee’s nominee.

Maximum penalty for subsection (3)—20 penalty units.

s 194 ins 1999 No. 8s 58

195Nominees of licensees

(1)A licensee that is a body corporate must at all times have a nominee for licensed premises of the licensee.

Maximum penalty—200 penalty units.

(2)A licensee who is an individual must at all times have a nominee for licensed premises of the licensee.

Maximum penalty—200 penalty units.

(3)A licensee’s nominee must, for the licensed premises for which the nominee is the licensee’s nominee, ensure the conduct of gaming is in accordance with the authority conferred by the licensee’s gaming machine licence.

Maximum penalty for subsection (3)—200 penalty units.

s 195 ins 1999 No. 8s 58

amd 1999 No. 77s 76; 2000 No. 51s 56; 2008 No. 48s 59(1) sch

Division 2 Applications for licences, and changes in circumstances of applicants and holders of licences

pt 5 div 2 hdg ins 2004 No. 21s 123 sch

196[Repealed]

s 196 ins 1999 No. 8s 58

amd 2005 No. 12s 41

om 2012 No. 25s 25

197[Repealed]

s 197 ins 1999 No. 8s 58

om 2012 No. 25s 25

198Applications for licences under this part

(1)This section deals with applications for repairers’, service contractors’, gaming nominees’ and key monitoring employees’ licences.
(2)An application for a repairer’s, gaming nominee’s or key monitoring employee’s licence may only be made by an individual.
(3)An application for a service contractor’s licence may be made by an individual or body corporate.
(4)An application under this part—
(a)is to be made in the approved form; and
(b)in the case of an application by an individual—must be signed by the applicant; and
(c)in the case of an application by a body corporate—must be signed in the appropriate way; and
(d)is to state the full name, address and date of birth—
(i)in the case of an application by an individual—of the applicant; and
(ii)in the case of an application by a body corporate—of the secretary and each executive officer of the body corporate; and
(e)in the case of an application for a repairer’s, gaming nominee’s or key monitoring employee’s licence—is to be accompanied by photographs of the applicant, of such type and number as are determined by the commissioner and certified in such way as is so determined; and
(f)in the case of an application by a body corporate—is to be accompanied by—
(i)a copy of the certificate of incorporation of the body corporate; and
(ii)a copy of the memorandum and articles of association, rules, constitution or other incorporating documents in force at the time of making the application certified as a true copy by the secretary of the body corporate or other person properly authorised to certify by the body corporate; and
(iii)unless the body corporate is a company that has only 1 director—a copy of the resolution or minute of the proceedings of the governing body of the body corporate by which approval was given to the making of the application, certified as a true copy by the person certifying the copy of the matters referred to in subparagraph (ii); and
(iv)a copy of the last audited balance sheet or statement of the financial affairs of the body corporate; and
(g)in the case of an application for a repairer’s licence, or an application for a key monitoring employee’s licence made by a person who is not a key officer for a licensed monitoring operator—must be accompanied by an employment notice for the application; and
(h)in the case of an application for a gaming nominee’s licence—must be accompanied by—
(i)a notice in the approved form from a licensee nominating the applicant to be the licensee’s nominee for licensed premises of the licensee; and
(ii)evidence that the commissioner considers on reasonable grounds shows the applicant has successfully completed an approved training course; and
(i)in the case of an application for a repairer’s or service contractor’s licence—is to be accompanied by an affidavit under section 210; and
(j)is to contain or be accompanied by such other information, records, reports, documents and writings relating to the application and applicant as are determined by the commissioner; and
(k)is to be forwarded to or lodged with the commissioner; and
(l)is to be accompanied by the fee prescribed.
(5)Subsection (4)(g) does not apply to an application if the applicant intends, on the issue of a repairer’s licence, to carry on the business of a licensed repairer in the applicant’s own right.
(6)For subsection (4)(c), an application for a licence under this part 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.
(7)In this section—
employment notice, for an application for a key monitoring employee’s licence, means a notice that—
(a)is given by a licensed monitoring operator; and
(b)states that the operator intends to employ the applicant as a licensed key monitoring employee, subject to the applicant being issued with a key monitoring employee’s licence.
employment notice, for an application for a repairer’s licence, means a notice that—
(a)is given by a licensed monitoring operator, licensed repairer or licensed service contractor; and
(b)states that the operator, repairer or service contractor intends to employ the applicant as a licensed repairer, subject to the applicant being issued with a repairer’s licence.

s 198 prev s 198 amd 1992 No. 35 sch

om 2000 No. 5s 461sch 3

pres s 198 amd 1995 No. 58s 4sch 1; 1997 No. 24 ss 17, 61 sch

sub 1999 No. 8s 59

amd 1999 No. 38s 61; 1999 No. 77 ss 77, 3 sch 1; 2005 No. 12s 42; 2012 No. 25 ss 26, 109(1)

199Changes in circumstances of applicants for and holders of licences

(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 happening of the event, 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 199 amd 1992 No. 35 sch

sub 1993 No. 63s 10

amd 1997 No. 24s 61 sch; 1999 No. 8s 60; 1999 No. 77s 156; 2001 No. 45s 29sch 3; 2004 No. 21s 123 sch; 2012 No. 25s 109(1)

200Commissioner to consider application

(1)The commissioner must consider an application for a licence under this part.
(2)In considering the application, the commissioner—
(a)must conduct investigations the commissioner considers are necessary and reasonable to help the commissioner decide the application; and
(b)may require the applicant, or an associate of the applicant, to give the commissioner further information or a document for the application.
(3)A requirement under subsection (2)(b)—
(a)must be made by written notice given to the applicant or associate; and
(b)may only relate to information or a document that is necessary and reasonable to help the commissioner decide the application.
(4)The notice mentioned in subsection (3)(a) must state the period within which the requirement is to be complied with.
(5)Also, in considering the application, the commissioner must have regard to each of the following matters—
(a)if the applicant is an individual—the financial stability, general reputation and character of the applicant;
(b)if the applicant is a body corporate—
(i)the financial stability and business reputation of the body corporate; and
(ii)the financial stability, general reputation and character of the secretary and each executive officer of the body corporate;
(c)the suitability of the applicant to be the holder of a licence of the kind to which the application relates;
(d)if a person is stated in an affidavit under section 210 as being a person who satisfies a description mentioned in subsection (4)(a) or (b) of that section—the suitability of the person to be an associate of the applicant;
(e)if the commissioner considers it appropriate—the suitability of any other associate of the applicant to be an associate of the applicant;
(f)whether the applicant has, or is able to obtain, the services of persons with appropriate business ability, knowledge or experience to enable the applicant to conduct operations successfully under a licence of the kind to which the application relates.
(6)If the applicant is an individual, the commissioner may, with the applicant’s agreement, cause the applicant’s fingerprints to be taken.
(7)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.
(8)In considering an application, the commissioner also must have regard to any supporting material for the application.

s 200 amd 1992 No. 35 sch; 1993 No. 63s 2 sch; 1995 No. 58s 4sch 1; 1997 No. 24 ss 18, 61 sch; 1999 No. 38s 62

sub 1999 No. 77s 78

amd 2000 No. 51s 57; 2002 No. 43 ss 66, 112 sch 2; 2007 No. 36s 2 sch; 2012 No. 25s 109

201Decision on application

(1)The commissioner must, after considering the application, either grant or refuse to grant the application.
(2)However, the commissioner may grant the application only if—
(a)the commissioner is satisfied the applicant is a suitable person to hold the licence having regard to the matters mentioned in section 200(5); and
(b)for an application by an individual—the applicant is over 18 years; and
(c)for an application by a body corporate—the secretary and each executive officer of the body corporate is over 18 years.
(3)If the commissioner decides to grant the application, the commissioner must immediately give the applicant—
(a)the licence; and
(b)if the commissioner decides to impose conditions on the licence—
(i)an information notice for the decision; and
(ii)for a licence that does not state the conditions—a written notice of the conditions.
(4)If the commissioner decides to refuse to grant the application, the commissioner must—
(a)immediately give the applicant an information notice for the decision; and
(b)for an application by an individual—as soon as practicable, destroy the fingerprints of the applicant taken under section 200(6).

s 201 prev s 201 amd 1992 No. 35 sch

om 2000 No. 5s 461sch 3

pres s 201 amd 1993 No. 63s 2 sch; 1997 No. 24s 61 sch

sub 1999 No. 8s 62

amd 2000 No. 51s 20 sch

sub 2002 No. 43s 67

amd 2012 No. 25 ss 27, 109(1)

Division 3 Form of licence and other matters about licences

pt 5 div 3 hdg ins 2004 No. 21s 123 sch

202Form of licence

(1)A licence under this part must be in the approved form.
(2)The approved form must provide for the inclusion of each of the following—
(a)the name of the holder of the licence;
(b)for a repairer’s, gaming nominee’s or key monitoring employee’s licence—a recent photograph of the holder of the licence;
(c)the date of expiry of the licence.
(3)Also, if the commissioner decides to impose conditions on the licence the conditions may be stated on the licence.

s 202 prev s 202 amd 1992 No. 35 sch

om 2000 No. 5s 373sch 2

pres s 202 amd 1995 No. 58s 4sch 1; 1997 No. 24 ss 19, 61 sch; 1999 No. 8s 63

sub 2002 No. 43s 67

amd 2012 No. 25 ss 28, 109(1)

203Issue of copy or replacement licence

(1)If the commissioner is satisfied that a licence under this part that is in force has been damaged, lost or destroyed, the commissioner, upon payment of the fee prescribed, may issue to the holder of the licence a copy of the licence.
(2)If the commissioner is satisfied the name of a person who is the holder of a licence under this part has been changed, the commissioner must issue to the person a fresh licence, stating the person’s current name, to replace the licence (the affected licence) previously issued to the person.
(3)However, the commissioner is required to issue a licence to a person 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 person’s affected licence has been returned to the commissioner.
(4)A copy of a licence issued under subsection (1), for all purposes, has the same effect as the original licence of which it is a copy.

s 203 amd 1997 No. 24s 61 sch; 1999 No. 77s 79; 2012 No. 25s 109(1)

204Term of licences

(1)Subject to this Act, a licence under this part remains in force for 5 years from the date of issue of the licence.
(2)A licence under this part may be renewed.

s 204 amd 1999 No. 8s 64

205Conditions of licences

(1)A licence under this part is subject to such conditions (including any variation of the conditions made under section 206) 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 206.
(2)A holder of a licence must not contravene a condition of the licence.

Maximum penalty—200 penalty units.

s 205 amd 1992 No. 35 sch; 2002 No. 43s 68; 2012 No. 25s 109(1)

206Changing conditions of licence

(1)The commissioner may decide to change the conditions of a licence under this part if the commissioner considers it is necessary or desirable to make the change in the public interest or for the proper conduct of gaming.
(2)If the commissioner decides to change the conditions, the commissioner must immediately give the holder of the licence—
(a)written notice of the changed conditions; and
(b)an information notice for the decision.
(3)A change of the conditions takes effect on—
(a)the day the information notice for the decision is given to the holder; or
(b)if a later day is stated in the notice—the later day.
(4)The power of the commissioner to change conditions of a licence includes the power to add conditions to the licence.

s 206 amd 1992 No. 35 sch; 1993 No. 63s 2 sch; 1997 No. 24s 61 sch

sub 2002 No. 43s 69

amd 2012 No. 25s 109(1)

206ARecording change of conditions

(1)The holder of the licence must return the licence, and any written notice of conditions given to the holder under section 201(3)(b), to the commissioner within 14 days after receiving the information notice for the decision to change the conditions of the licence, unless the holder has a reasonable excuse.

Maximum penalty—40 penalty units.

(2)On receiving the licence and, if applicable, a written notice mentioned in subsection (1), the commissioner must—
(a)amend the licence or written notice to include the changed conditions and return them to the holder; or
(b)if the commissioner does not consider it practicable to amend the licence or written notice—give the holder a replacement licence, or written notice, showing the changed conditions.
(3)The amendment of a licence does not depend on the licence or written notice being amended or replaced under this section.

s 206A ins 2002 No. 43s 69

amd 2012 No. 25s 109(1)

207Renewal and continuance of licences

(1)A holder of a licence under this part may apply to the commissioner for renewal of the licence.
(2)Application under subsection (1)—
(a)is to be in the approved form; and
(b)in the case of a repairer’s, gaming nominee’s or key monitoring employee’s licence—is to be accompanied by photographs of the applicant, of such type and number as are required under the form; and
(c)is to be accompanied by the fee prescribed; and
(d)is to be made, unless the commissioner otherwise allows, at least 1 month before the expiration of the licence; and
(e)in the case of an application by a body corporate—is to be accompanied by a list of the names, addresses and dates of birth of—
(i)the secretary of the body corporate; and
(ii)the executive officers of the body corporate; and
(iii)all other persons who have been the secretary or an executive officer of the body corporate since the licence was granted or last renewed; and
(f)in the case of a repairer’s or service contractor’s licence—is to be accompanied by an affidavit under section 210.
(3)If the commissioner considers that special circumstances exist, the commissioner may extend the term of a licence under this part, or renewal of the licence, for 1 month from the date of its expiration to allow the holder of the licence to comply with this section.
(4)During the period of extension, the licence has the same effect as if it had been renewed.
(5)If a licensee complies with this section, the commissioner must renew the licence for 5 years starting on—
(a)if an extension was not given under subsection (3)—the day after its last expiry; or
(b)if an extension was given under subsection (3)—the day after the day it would have last expired apart from the extension.
(6)If an application under subsection (1) is refused, the commissioner must immediately give the applicant an information notice for the decision to refuse to renew the licence.

s 207 amd 1992 No. 35 sch; 1993 No. 63s 2 sch; 1995 No. 58s 4sch 1; 1997 No. 24 ss 20, 61 sch; 1999 No. 8s 65; 2002 No. 43s 70; 2012 No. 25 ss 29, 109(1)

208Licences not to be transferred

A licence under this part is not to be transferred.

Division 4 Displaying licences etc., and disclosing information

pt 5 div 4 hdg ins 2004 No. 21s 123 sch

209Display of certain licences, identity cards and particulars

(1)A licensed repairer must at all times whilst installing, altering, adjusting, maintaining or repairing gaming equipment on licensed premises display the licensed repairer’s licence currently in force on the licensed repairer’s person in such way as to be visible to other persons unless the licence at any material time is in the possession of the commissioner.

Maximum penalty—40 penalty units.

(2)A licensed key monitoring employee carrying out functions as a key monitoring employee must, if asked by another person, produce the key monitoring employee’s licence held by the employee for the other person’s inspection, unless, at the material time, the licence is in the commissioner’s possession.

Maximum penalty—40 penalty units.

(3)If a relevant gaming employee, in carrying out gaming duties for licensed premises, makes a decision affecting a person on the premises, the gaming employee must, if asked by the person affected by the decision, produce for the person’s inspection, the gaming employee’s formal identification card, unless the gaming employee has a reasonable excuse.

Maximum penalty—40 penalty units.

(4)If a licensee’s nominee for licensed premises of the licensee, while acting in the capacity of the licensee’s nominee for the premises, makes a decision affecting a person on the premises, the nominee must, if asked by the person affected by the decision, produce for the person’s inspection, the nominee’s formal identification card, unless the nominee has a reasonable excuse.

Maximum penalty—40 penalty units.

(5)A licensee who has a nominee for licensed premises of the licensee must display in a conspicuous position inside the premises, and in a way that is legible from a reasonable distance—
(a)the nominee’s name; and
(b)notice that the nominee is the licensee’s nominee for the premises.

Maximum penalty—40 penalty units.

(6)In this section—
formal identification card, for a nominee, means—
(a)for a nominee mentioned in section 193(1)—the gaming nominee’s licence held by the nominee; or
(b)for a nominee mentioned in section 193(2)—the gaming employee’s licence held by the nominee; or
(c)for another nominee—the identity card given to the nominee under section 194(1).
formal identification card, for a relevant gaming employee, means an identity card given to the employee under section 194(1).
relevant gaming employee means a gaming employee who is a nominee of a licensee.

s 209 amd 1992 No. 35 sch; 1997 No. 24 ss 21, 61 sch; 1999 No. 8s 66; 2012 No. 25 ss 30, 109(1)

210Disclosure of influential or benefiting parties

(1)At the time of making an application for—
(a)a repairer’s or service contractor’s licence—the applicant; or
(b)a renewal of a repairer’s or service contractor’s licence—the licensed repairer or licensed service contractor;

must forward to or lodge with the commissioner an affidavit made under this section.

(2)An applicant or a licensed repairer or licensed service contractor 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 holder of the licence 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)in the case of any applicant for or holder of the licence being an individual—that person; or
(b)in the case of any applicant for or holder of the licence being 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 holder of the licence 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)in the case of the applicant or holder of the licence being an individual—by that person; or
(ii)in the case of the applicant or holder of the licence being a body corporate—by the body corporate or the secretary or an executive officer of the body corporate;

in relation to the performance of the general functions that are, or are to be, permitted by the licence; and

(b)whether or not there is any person other than the applicant or holder of the licence who by any lease, agreement or arrangement may expect any benefit from the applicant or holder in relation to the performance of the general functions that are, or are to be, permitted by the licence; and
(c)if there is any person 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—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)full and correct particulars of the lease, agreement or arrangement; and
(d)in the case of the applicant or holder of the licence being a body corporate—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 210 amd 1992 No. 35 sch; 1995 No. 58s 4sch 1; 1997 No. 24s 61 sch; 1999 No. 8s 67; 1999 No. 77s 156; 2001 No. 45s 29sch 3; 2012 No. 25s 109(1)

Division 5 Audit programs and investigations

pt 5 div 5 hdg ins 2004 No. 21s 123 sch

211Approving audit programs

(1)The Minister may approve—
(a)an audit program for investigating licensed gaming nominees, licensed repairers and licensed service contractors; and
(b)an audit program for investigating associates of licensed gaming nominees, licensed repairers and licensed service contractors.
(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 211 amd 1992 No. 35 sch; 1997 No. 24s 61 sch

sub 1999 No. 8s 68

amd 2002 No. 43s 71

212Conducting investigations of licensed persons and associates

(1)The commissioner may investigate a licensed person to help the commissioner decide whether the person is a suitable person to hold a licence of the kind held by the person.
(2)The commissioner may investigate an associate of a licensed person to help the commissioner decide whether the associate is a suitable person to be an associate of the licensed person.
(3)However, the commissioner may investigate a licensed person—
(a)only if the commissioner reasonably suspects the person is not a suitable person to hold a licence of the kind held by the person; or
(b)if the licensed person is a licensed gaming nominee, licensed repairer or licensed service contractor—only if the investigation is conducted under a nominees audit program, repairers audit program or contractors audit program.
(4)Also, the commissioner may investigate an associate of the licensed person only if—
(a)the commissioner reasonably suspects the associate is not a suitable person to be an associate of the licensed person; or
(b)for an associate who was an associate of the licensed person when the person’s licence was issued—the associate has not been investigated under section 200(2); or
(c)for an associate who is an associate of a licensed gaming nominee, licensed repairer or licensed service contractor—
(i)the investigation is conducted under an associates (nominees) audit program, associates (repairers) audit program or associates (contractors) audit program; or
(ii)for an associate who became an associate of the licensed person after the issue of the person’s licence—the associate has not been investigated previously under an associates (nominees) audit program, associates (repairers) audit program or associates (contractors) audit program.
(5)The commissioner must ensure the investigation of a person under an audit program approved by the Minister under section 211(1) is conducted in compliance with the program.

s 212 ins 1999 No. 8s 68

amd 2002 No. 43s 72; 2012 No. 25s 109(1)

213Requirement to give information or document for investigation

(1)In investigating a person under section 212, the commissioner may, by written notice given to the person, require the person to give the commissioner information or a document the commissioner considers 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 213 ins 1999 No. 8s 68

amd 2012 No. 25s 109(1)

214Failure to give information or document for investigation

(1)A person of whom a requirement is made under section 213 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 document sought by the commissioner is not in fact relevant to the investigation.

s 214 ins 1999 No. 8s 68

amd 2012 No. 25s 109(1)

Division 6 Suspension and cancellation of licences, and other action by commissioner

pt 5 div 6 hdg ins 2004 No. 21s 44

amd 2012 No. 25s 109(1)

Subdivision 1 Suspension and cancellation

pt 5 div 6 sdiv 1 hdg ins 2004 No. 21s 44

214AGrounds

(1)Each of the following is a ground for suspending or cancelling a licence under this part—
(a)the holder of the licence—
(i)is not a suitable person to hold the licence; or
(ii)acts in a way that is inappropriate for the conduct of gaming; or
(iii)contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or
(iv)contravenes a condition of the licence; or
(v)contravenes a written direction given to the holder by the commissioner under this Act;
(b)the holder of the licence or an associate of the holder has a conviction, other than a spent conviction, for—
(i)an offence against this Act or a gaming Act; or
(ii)an indictable offence;
(c)the licence was issued because of a materially false or misleading representation or document.
(2)Also, each of the following is a ground for suspending or cancelling a licence under this part that is held by a licensed repairer or a licensed service contractor—
(a)the holder of the licence contravenes section 210(2);
(b)if the holder or an associate of the holder is an individual—the holder or associate is an insolvent under administration within the meaning of the Corporations Act, section 9;
(c)if the holder or an associate of the holder is a corporation—the holder or associate is affected by control action under the Corporations Act;
(d)an associate of the holder—
(i)is not a suitable person to be an associate of the holder; or
(ii)contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or
(iii)contravenes a written direction given to the associate by the commissioner under this Act; or
(iv)has a conviction, other than a spent conviction, for an offence against this Act or a gaming Act, or an indictable offence.
(3)For forming a belief that the ground mentioned in subsection (1)(a)(i) exists, the commissioner may have regard to the same matters to which the commissioner may have regard under section 200(5)(a), (b) and (f) in considering an application for a licence under this part.
(4)For subsection (1)(a)(ii), the holder of a licence acts in a way that is inappropriate for the conduct of gaming if the holder does, or omits to do, an act that results in—
(a)if the holder is a key monitoring employee of a licensed monitoring operator—
(i)the licensed monitoring operator’s supply operations not being conducted under the control system for the operator’s supply operations; and
(ii)the integrity of gaming and the conduct of gaming being jeopardised; or
(b)otherwise—the integrity of gaming and the conduct of gaming being jeopardised.
(5)For forming a belief that the ground mentioned in subsection (2)(d)(i) exists, the commissioner may have regard to the same matters to which the commissioner may have regard under section 200(5)(a) and (b) in considering an application for a licence under this part.
(6)In this section—
spent conviction means a conviction—
(a)for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and
(b)that is not revived as prescribed by section 11 of that Act.

s 214A ins 2004 No. 21s 44

amd 2012 No. 25s 109(1); 2013 No. 25s 77

214BShow cause notice

(1)If the commissioner believes a ground exists to suspend or cancel a licence under this part, the commissioner must before taking action to suspend or cancel the licence give the holder of the licence a written notice (a show cause notice).
(2)The show cause notice must state the following—
(a)the action the commissioner proposes taking under this subdivision (the proposed action);
(b)the grounds for the proposed action;
(c)an outline of the facts and circumstances forming the basis for the grounds;
(d)if the proposed action is suspension of the licence—the proposed suspension period;
(e)that the holder of the licence may, within a stated period (the show cause period), make written representations to the commissioner to show why the proposed action should not be taken.
(3)The show cause period must end at least 21 days after the holder of the licence is given the show cause notice.
(4)Subsection (5) applies if the commissioner believes—
(a)the holder of the licence is employed by an interested person of the holder; and
(b)the existence of the grounds for the proposed action is likely to adversely affect the conduct of gaming by the interested person.
(5)The commissioner must immediately give a copy of the show cause notice to the interested person.
(6)The interested person may make written representations about the show cause notice to the commissioner in the show cause period.

s 214B ins 2004 No. 21s 44

amd 2012 No. 25s 109(1)

214CConsideration of representations

The commissioner must consider all written representations (the accepted representations) made under section 214B(2)(e) or (6).

s 214C ins 2004 No. 21s 44

amd 2012 No. 25s 109(1)

214DImmediate suspension

(1)The commissioner may suspend a licence under this part immediately if the commissioner believes—
(a)a ground exists to suspend or cancel the licence; and
(b)it is necessary to suspend the licence immediately—
(i)in the public interest; or
(ii)to ensure the integrity of the conduct of gaming is not jeopardised.
(2)The suspension—
(a)can be effected only by the commissioner giving the holder of the licence an information notice for the decision to suspend it, together with a show cause notice; and
(b)operates immediately the information notice is given to the holder; and
(c)continues to operate until the show cause notice is finally dealt with.
(3)If the commissioner believes the holder of the licence is employed by an interested person of the holder, the commissioner must immediately give written notice of the suspension to the interested person.

s 214D ins 2004 No. 21s 44

amd 2012 No. 25s 109(1)

214ESuspension and cancellation of licence after show cause process

(1)This section applies if—
(a)there are no accepted representations for a show cause notice; or
(b)after considering the accepted representations for a show cause notice, the commissioner—
(i)still believes a ground exists to suspend or cancel a licence under this part; and
(ii)believes suspension or cancellation of the licence is warranted.
(2)This section also applies if the holder of a licence contravenes a direction given to the holder under section 214H.
(3)The commissioner may—
(a)if the proposed action was to suspend the licence—suspend the licence for not longer than the proposed suspension period; or
(b)if the proposed action was to cancel the licence—cancel the licence or suspend it for a period.
(4)If the commissioner decides to take action under subsection (3), the commissioner must immediately—
(a)give an information notice for the decision to the holder of the licence; and
(b)if the commissioner believes the holder is employed by an interested person of the holder—give written notice of the suspension or cancellation to the interested person.
(5)The decision takes effect on the later of the following—
(a)the day the information notice is given to the holder of the licence;
(b)the day of effect stated in the information notice.
(6)If the commissioner cancels the licence, the holder must give the licence to the commissioner within 14 days after the cancellation takes effect.

Maximum penalty for subsection (6)—40 penalty units.

s 214E ins 2004 No. 21s 44

amd 2012 No. 25s 109(1)

Subdivision 2 Other action by commissioner

pt 5 div 6 sdiv 2 hdg ins 2004 No. 21s 44

amd 2012 No. 25s 109(1)

214FEnding show cause process without further action

(1)This section applies if, after considering the accepted representations for a show cause notice, the commissioner no longer believes a ground exists to suspend or cancel a licence under this part.
(2)The commissioner—
(a)must not take any further action about the show cause notice; and
(b)must give each of the following a written notice stating that no further action is to be taken—
(i)the holder of the licence;
(ii)an interested person to whom a copy of the show cause notice was given under section 214B(5).

s 214F ins 2004 No. 21s 44

amd 2012 No. 25s 109(1)

214GCensuring licensed person

(1)The commissioner may censure the holder of a licence under this part for a matter relating to a ground for suspension or cancellation if the commissioner—
(a)believes a ground exists to suspend or cancel the licence but does not believe that giving a show cause notice to the holder is warranted; or
(b)after considering the accepted representations for a show cause notice, still believes a ground exists to suspend or cancel the licence but does not believe suspension or cancellation of the licence is warranted.
(2)The censure can be effected only by the commissioner giving the holder of the licence an information notice for the decision to censure the holder.
(3)If the commissioner believes the holder of the licence is employed by an interested person of the holder, the commissioner must immediately give written notice of the censure to the interested person.

s 214G ins 2004 No. 21s 44

amd 2012 No. 25s 109(1)

214HDirection to rectify matter after show cause process

(1)This section applies if, after considering the accepted representations for a show cause notice, the commissioner—
(a)still believes a ground exists to suspend or cancel a licence under this part; and
(b)believes a matter relating to the ground for suspension or cancellation is capable of being rectified and it is appropriate to give the holder of the licence an opportunity to rectify the matter.
(2)The commissioner may direct the holder of the licence to rectify the matter.
(3)If the commissioner decides to give the holder of a licence a direction under this section, the direction can be effected only by the commissioner giving the holder an information notice for the decision.
(4)The information notice must state the period for rectifying the matter.
(5)The period must be reasonable, having regard to the nature of the matter to be rectified.
(6)If the commissioner gave a copy of the show cause notice to an interested person under section 214B(5), the commissioner must give written notice of the direction to the interested person immediately after giving the information notice to the holder of the licence.

s 214H ins 2004 No. 21s 44

amd 2012 No. 25s 109(1)

214ICancellation or reduction of period of suspension

(1)If the commissioner suspends a licence, the commissioner may, for any remaining period of suspension and at any time the suspension is in force—
(a)cancel the period; or
(b)reduce the period by a stated period.
(2)The commissioner may cancel or reduce the period only if the commissioner considers it is appropriate to take the action.
(3)The commissioner must immediately give written notice of the decision to—
(a)the holder of the licence; and
(b)if the commissioner believed the holder was employed by an interested person of the holder when the licence was suspended—the interested person.
(4)Subsection (1) does not apply to an immediate suspension.

s 214I ins 2004 No. 21s 44

amd 2012 No. 25s 109(1)

Division 7 Miscellaneous

pt 5 div 7 hdg ins 2004 No. 21s 123 sch

215Cessation or commencement of executive officer or secretary

A licensed service contractor that is a body corporate must notify the commissioner in the approved form—
(a)that a person has ceased to be the secretary or an executive officer of the body corporate; and
(b)that a person has started as the secretary or an executive officer of the body corporate; and
(c)the full name, address and date of birth of any person referred to in paragraph (b);

within 7 days of ceasing or starting.

Maximum penalty—40 penalty units.

s 215 amd 1992 No. 35 sch; 1995 No. 58s 4sch 1; 1997 No. 24s 61 sch; 1999 No. 77s 157; 2012 No. 25s 109(1)

216Employment of licensed repairers

A person (an employer) must not employ a licensed repairer to carry out functions as a licensed repairer, unless the employer is a licensed monitoring operator, a licensed service contractor or another licensed repairer.

Maximum penalty—100 penalty units.

s 216 amd 1999 No. 77s 80

217Returns about employees and agreements

(1)In this section—
employer means a licensed monitoring operator, licensed repairer or licensed service contractor.
(2)An employer must give the commissioner a return as required by this section stating the name and licence number of each person employed by the employer as a licensed repairer when the return is given.

Maximum penalty—40 penalty units.

(3)An employer must give the commissioner a return as required by this section stating the name and licence number of each person with whom the employer has a service contract when the return is given.

Maximum penalty—40 penalty units.

(4)A licensee must give the commissioner a return as required by this section stating—
(a)the name of each person employed by a licensee to carry out gaming duties for licensed premises of the licensee when the return is given; and
(b)the name and licence number of each licensed gaming nominee who is a nominee of the licensee under section 193(1) for licensed premises of the licensee when the return is given; and
(c)the name and licence number of each licensed gaming employee who is a nominee of the licensee under section 193(2) for licensed premises of the licensee when the return is given; and
(d)the name of each applicant for a gaming nominee’s licence who is a nominee of the licensee under section 193(3) for licensed premises of the licensee when the return is given.

Maximum penalty—40 penalty units.

(5)A return for subsection (2), (3) or (4) must—
(a)be in the approved form; and
(b)be given within 14 days after being requested by the commissioner to give the return.
(6)A request made by the commissioner to an employer or licensee for subsection (5)(b)—
(a)must be in writing; and
(b)must not be made within 1 month of a previous request made to the employer or licensee for subsection (5)(b).
(7)If it becomes known to an employer that a person employed by the employer as a licensed repairer is not a licensed repairer the employer must immediately terminate the employment of that person as a licensed repairer.

Maximum penalty—200 penalty units.

(8)If it becomes known to the commissioner or a licensed monitoring operator that a person with whom the commissioner or licensed monitoring operator has made a service contract is not a licensed repairer or licensed service contractor the commissioner or licensed monitoring operator must immediately terminate the service contract.

Maximum penalty—200 penalty units or 1 year’s imprisonment.

(9)If it becomes known to a licensed repairer or licensed service contractor that a person (other than the commissioner or a licensed monitoring operator) with whom the repairer or service contractor has made a service contract is not a licensed repairer or licensed service contractor the licensed repairer or licensed service contractor must immediately terminate the service contract.

Maximum penalty—200 penalty units or 1 year’s imprisonment.

(10)A licensee must immediately end the employment of a person employed by the licensee if the person is employed on the basis the person is a licensed gaming nominee and the licensee becomes aware the person is not a licensed gaming nominee.

Maximum penalty—200 penalty units.

(11)A licensee must immediately take action to stop a person being the licensee’s nominee for licensed premises of the licensee if—
(a)the licensee designated the person as the licensee’s nominee for the premises on the basis the person was a licensed gaming nominee and the licensee becomes aware the person is not a licensed gaming nominee; or
(b)the licensee designated the person as the licensee’s nominee for the premises on the basis the person holds a current responsible service of gambling course certificate and the licensee becomes aware the person does not hold a current responsible service of gambling course certificate.

Maximum penalty—200 penalty units.

(12)The provisions of subsection (7), (8), (9), (10) or (11) are sufficient authority to take the action mentioned in that subsection, despite any other Act or law or any industrial award or agreement.
(13)No right of action arises against any person because of that termination.

s 217 orig s 217 ins 1995 No. 58s 4sch 1

exp 28 May 1996 (see s 217(3))

prev s 217 ins 1997 No. 24s 60

om 1999 No. 8s 119

pres s 217 amd 1992 No. 35 sch; 1993 No. 63s 2 sch; 1995 No. 58s 4sch 1; 1997 No. 24s 61 sch; 1999 No. 8s 69; 1999 No. 77 ss 81, 3 sch 1; 2002 No. 43s 111sch 1; 2012 No. 25 ss 31, 109(1)

218Surrender of licences

(1)The holder of a licence under this part, at any time, by forwarding to or lodging with the commissioner notification in the approved form, and the licence under this part, may surrender the licence.
(2)The notification must be signed in the same way an application for a licence under this part is required to be signed.
(3)The surrender of the licence takes effect—
(a)if paragraph (b) or (c) does not apply—on the day (the set day) that is 14 days 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—on the day stated in the notification; or
(c)if, at the request of the holder of the licence, the commissioner, by written notice, approves a day of effect that is earlier than the set day—on the day approved by the commissioner.

s 218 amd 1995 No. 58s 4sch 1; 1997 No. 24s 61 sch; 1999 No. 8s 70; 2012 No. 25s 109(1)

219[Repealed]

s 219 amd 1992 No. 35 sch; 1993 No. 63s 2 sch; 1994 No. 87s 3sch 1; 1997 No. 24s 61 sch; 1999 No. 8s 71; 1999 No. 77s 157; 2001 No. 45s 29sch 3; 2002 No. 43s 73

om 2004 No. 21s 45

220[Repealed]

s 220 amd 1993 No. 63s 2 sch; 1997 No. 24s 61 sch; 1999 No. 8s 72

sub 2002 No. 43s 74

om 2004 No. 21s 45

221[Repealed]

s 221 amd 1997 No. 24s 61 sch; 1999 No. 8s 73; 2002 No. 43s 112sch 2

om 2004 No. 21s 45

222[Repealed]

s 222 ins 1999 No. 8s 74

amd 2002 No. 43 ss 75, 112 sch 2

om 2004 No. 21s 45

223Destruction of fingerprints

(1)This section applies if—
(a)a person ceases to be a licensed repairer, licensed gaming nominee or licensed key monitoring employee; or
(b)a person who is an individual ceases to be a licensed service contractor.
(2)The commissioner must have any fingerprints of the person taken for the application for the licence held by the person destroyed as soon as practicable.

s 223 ins 1999 No. 8s 74

amd 2012 No. 25 ss 32, 109(1)

224Provisional licences

(1)The commissioner may grant to an applicant for a licence under this part a provisional licence if the commissioner considers that—
(a)a decision in respect of the application may not be made for some time; and
(b)the conduct of gaming may be prejudiced or disadvantaged if the applicant is not granted a provisional licence; and
(c)the issue of the provisional licence will not prejudice or disadvantage gaming or the conduct of gaming.
(2)The commissioner may impose on a provisional licence such conditions as the commissioner considers are necessary in the public interest.
(3)If the commissioner grants a provisional licence, the commissioner must issue the licence in the approved form and endorse on the licence any conditions imposed under subsection (2).
(4)A provisional licence remains in force until—
(a)a repairer’s licence, service contractor’s licence, gaming nominee’s licence or key monitoring employee’s licence is granted and issued or the commissioner refuses to grant the licence; or
(b)it is surrendered by its holder; or
(c)it is cancelled by the commissioner.
(5)The commissioner, at any time, may cancel a provisional licence granted under subsection (1).
(6)No right of action arises against the commissioner or any other person because of a decision under subsection (5) in respect of the termination of employment or otherwise.
(7)A provisional licence while it remains in force and subject to conditions imposed under subsection (2) has the same effect as if it were a repairer’s licence, service contractor’s licence, gaming nominee’s licence or key monitoring employee’s licence.

s 224 amd 1992 No. 35 sch; 1995 No. 58s 4sch 1; 1997 No. 24 ss 22, 61 sch; 1999 No. 8s 75; 2002 No. 43 ss 76, 112 sch 2; 2012 No. 25 ss 33, 109(1)

Part 6 Supervision and management of gaming

Division 1 Installation and storage, and register, of gaming machines

pt 6 div 1 hdg ins 2004 No. 21s 123 sch

225Installation and storage of gaming machines by licensees

(1)Subject to subsection (2), a licensee must install each authorised gaming machine of the licensee in a gaming machine area on the licensee’s licensed premises.
(2)A licensee must cause an authorised gaming machine of the licensee that is not installed in a gaming machine area on the licensee’s licensed premises—
(a)to be stored on premises approved by the commissioner; and
(b)to be secured in the way approved by the commissioner.

Maximum penalty—200 penalty units.

(3)A licensee must not store a gaming machine for more than 2 months without the commissioner’s written approval.

Maximum penalty for subsection (3)—200 penalty units.

s 225 amd 1992 No. 35 sch; 1997 No. 24 ss 23, 61 sch; 1999 No. 8s 76; 1999 No. 77s 82; 2002 No. 43s 111sch 1; 2012 No. 25s 109(1)

226Licensee’s register of gaming machines

(1)Each licensee must, at each of the licensee’s licensed premises, keep a register listing all gaming machines on the premises.

Maximum penalty—100 penalty units.

(2)The register must be in the approved form and must show if each gaming machine—
(a)is owned or leased by the licensee, or otherwise in the licensee’s possession under an arrangement; and
(b)is, or is not, connected to an electronic monitoring system.
(3)In this section—
leased includes supplied under a hire-purchase agreement under the Hire-purchase Act 1959 and subleased.

s 226 ins 1997 No. 24s 24

amd 1998 No. 11s 11; 1999 No. 8s 77; 1999 No. 77s 156; 2002 No. 43s 112sch 2; 2004 No. 21s 46

227Gaming machines not to be played if not installed in gaming machine area

(1)Subject to subsection (2), a person who plays or allows another person to play a gaming machine—
(a)that is an authorised gaming machine of a licensee; and
(b)that is not installed in a gaming machine area;

commits an offence against this Act.

Maximum penalty—1000 penalty units or 5 years imprisonment.

(2)Subsection (1) does not apply to a licensed repairer who plays a gaming machine—
(a)that is an authorised gaming machine of a licensee; and
(b)that is not installed in a gaming machine area;

in the course of altering, adjusting, maintaining, repairing or testing the gaming machine.

(3)Where winnings become payable because of playing a gaming machine as authorised by subsection (2), those winnings remain the property of—
(a)if the gaming machine is part of a multiple site linked jackpot arrangement for which a licensed monitoring operator has an approval for its operation under section 287—the licensed monitoring operator who has the approval; or
(b)otherwise—the licensee for the gaming machine.
(4)Subsection (3) applies to winnings whether the winnings are attributable to obtaining a winning result or promotions.

s 227 amd 1992 No. 35 sch; 1997 No. 24s 61 sch; 1999 No. 8s 78; 2000 No. 51s 57A

228Gaming equipment not to be an annoyance etc.

(1)A licensee must not locate, or allow to be located, gaming equipment on the licensee’s licensed premises in such a way as to be an annoyance due to the location of the gaming equipment, the noise generated by the operation of the equipment or for any other reason.

Maximum penalty—40 penalty units.

(2)A licensed dealer or licensee must not allow any gaming equipment to convey or exhibit—
(a)any false, misleading, rude or offensive message; or
(b)excessive or unnecessary advertising by—
(i)any words, whether written or spoken; or
(ii)a pictorial representation or design; or
(iii)any other way.

Maximum penalty—40 penalty units.

(3)Where, in the opinion of an inspector, a contravention of this section is being or has been committed, the commissioner may, instead of instituting or authorising the institution of proceedings for an offence against subsection (1) or (2), by written notice, direct the licensed dealer, licensee or person—
(a)to do or cease doing anything that constitutes the contravention; or
(b)not to again do or omit to do anything that constituted the contravention.
(4)A licensed dealer, licensee or person who fails to comply with a direction given under subsection (3) commits an offence against this Act.

Maximum penalty for subsection (4)—200 penalty units.

s 228 amd 1992 No. 35 sch; 1997 No. 24s 61 sch; 1999 No. 77s 83; 2012 No. 25s 109(1)

Division 2 Advertising

pt 6 div 2 hdg ins 2004 No. 21s 123 sch

229Advertisements related to gaming

(1)This section applies to an advertisement about—
(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.
(2)A person who publishes, or authorises the publication of, an advertisement to which this section applies must take reasonable steps to ensure the advertisement—
(a)is not indecent or offensive; and
(b)is based on fact; and
(c)is not false, deceptive or misleading in a material particular.

s 229 ins 1999 No. 77s 84

sub 2000 No. 51s 58

amd 2008 No. 2s 48

230Directions about advertising

(1)If the commissioner reasonably believes an advertisement to which section 229 applies does not comply with that section, the commissioner may direct the person appearing to be responsible for authorising the advertisement to take appropriate steps—
(a)to stop publication of the advertisement; or
(b)to change the advertisement.
(2)The direction must—
(a)be in writing; and
(b)state the grounds for the direction; and
(c)for a direction to change the advertisement—state how the advertisement is to be changed.
(3)A person to whom a direction is given must comply with the direction, unless the person has a reasonable excuse.

Maximum penalty for subsection (3)—200 penalty units.

s 230 ins 1999 No. 77s 84

amd 2000 No. 51s 59; 2012 No. 25s 109(1)

Division 3 Gaming related systems

pt 6 div 3 hdg ins 2004 No. 21s 123 sch

231Installation, operation and modification of gaming related systems

(1)A person (other than the commissioner) who is not a licensed monitoring operator must not—
(a)install a gaming related system on licensed premises; or
(b)modify an electronic monitoring system operating on licensed premises.

Maximum penalty—200 penalty units.

(2)A person who is not a licensee or licensed monitoring operator must not operate a gaming related system on licensed premises.

Maximum penalty—200 penalty units.

(3)A licensed monitoring operator must not, without the commissioner’s written approval—
(a)install a gaming related system on licensed premises; or
(b)modify an electronic monitoring system operating on licensed premises.

Maximum penalty—200 penalty units.

(4)A licensee or licensed monitoring operator must not operate a gaming related system on licensed premises—
(a)without the commissioner’s written approval; and
(b)unless the system was installed on the premises by the commissioner or a licensed monitoring operator.

Maximum penalty—200 penalty units.

(5)A person must not cause a gaming related system to be installed on licensed premises, or cause an electronic monitoring system on licensed premises to be modified—
(a)without the commissioner’s written approval; and
(b)unless the installation or modification is carried out by the commissioner or a licensed monitoring operator.

Maximum penalty—200 penalty units.

(6)A person must not cause a gaming related system on licensed premises to be operated—
(a)without the commissioner’s written approval; and
(b)unless the operation is carried out by a licensee or licensed monitoring operator; and
(c)unless the system was installed on the premises by the commissioner or a licensed monitoring operator.

Maximum penalty—200 penalty units.

(7)A licensee must permit such works and actions, by the commissioner or a licensed monitoring operator or any person acting on behalf of the commissioner or a licensed monitoring operator, on any place under the control of the licensee as are necessary to facilitate the installation, alteration, adjustment, maintenance, repair or continued effective operation of an electronic monitoring system installed on the licensee’s licensed premises under this section.

Maximum penalty—200 penalty units.

(8)A licensee must, at the licensee’s expense, provide—
(a)locations, to the satisfaction of the commissioner or a licensed monitoring operator, for the installation of equipment connected with; and
(b)any electricity or other operating requirements of;

an electronic monitoring system installed on the licensee’s licensed premises under this section.

Maximum penalty—200 penalty units.

(9)A licensee must, at the licensee’s expense, provide the commissioner or a licensed monitoring operator, continuous, free and unfettered access to—
(a)any data held in or available from; and
(b)the operation of;

an electronic monitoring system installed, or proposed to be installed, under this section.

Maximum penalty for subsection (9)—200 penalty units.

s 231 amd 1992 No. 35 sch; 1997 No. 24s 25; 1999 No. 77s 85; 2000 No. 51s 20 sch; 2012 No. 25s 109(1)

232Approvals for gaming related systems

(1)This section applies to the commissioner for giving, or refusing to give, an approval for section 231 for a gaming related system.
(2)If, for deciding whether or not to give the approval, the commissioner considers it is necessary for the gaming related system to be tested, the commissioner may—
(a)carry out the test; or
(b)direct the applicant—
(i)to arrange to have the system tested by a licensed testing facility operator; and
(ii)to give the commissioner a written report of the test in the approved form.
(3)If the commissioner carries out a test of the gaming related system—
(a)the applicant must pay the fee prescribed under a regulation for the test to the commissioner; and
(b)if an amount of the fee is not paid by the applicant, the State may recover the amount from the applicant as a debt.
(4)The commissioner may refuse to give an approval if—
(a)the fee payable for a test carried out by the commissioner is not paid; or
(b)the applicant fails to comply with a direction of the commissioner under subsection (2)(b).
(5)If the commissioner gives the approval, the commissioner must immediately give the applicant written notice of the decision.
(6)If the commissioner refuses to give the approval, the commissioner must immediately give the applicant an information notice for the decision.
(7)In this section—
applicant means the person by whom an approval of the commissioner for section 231 is sought.

s 232 ins 1999 No. 77s 86

amd 2008 No. 2s 49; 2012 No. 25s 109(1)

Division 4 Fees for basic monitoring services, and maintaining facilities

pt 6 div 4 hdg ins 2004 No. 21s 123 sch

233Basic monitoring fees

If a licensed monitoring operator supplies basic monitoring services to a licensee, the licensed monitoring operator must not charge the licensee more than the basic monitoring fee prescribed under a regulation for supplying basic monitoring services.

Maximum penalty—200 penalty units.

s 233 ins 1997 No. 24s 26

amd 1999 No. 77s 3sch 1; 2004 No. 21s 47

234Maintenance of facilities etc.

(1)A licensee must—
(a)ensure that the operation of gaming machines on the licensee’s licensed premises is conducted in such way as, in the opinion of the commissioner, is proper and competent; and
(b)ensure that anything forming part of a gaming machine that is visible without opening the machine is maintained in good order and is not defaced or altered in any way; and
(c)maintain all facilities and amenities on the licensee’s licensed premises that are related to gaming in such condition as will provide maximum safety and comfort for persons on the premises; and
(d)ensure that all installations, equipment and procedures for security and safety purposes are used, operated and applied for the preservation and maintenance of those purposes.

Maximum penalty—200 penalty units.

(2)A licensee must not—
(a)employ or allow; or
(b)cause or allow any other person to employ or allow;

any barker or shill to entice any person to play gaming machines on the licensee’s licensed premises.

Maximum penalty for subsection (2)—40 penalty units.

s 234 amd 1992 No. 35 sch; 1997 No. 24s 61 sch; 1999 No. 77s 87; 2012 No. 25s 109(1)

Division 5 Hours of gaming and rules ancillary to gaming

pt 6 div 5 hdg ins 2004 No. 21s 123 sch

235Hours of gaming

(1)A licensee must not conduct gaming, or allow gaming to be conducted, in any part of the licensee’s licensed premises—
(a)outside the hours of gaming fixed for the licensed premises by the commissioner; or
(b)when the licensee or an employee of the licensee is not in the part of the premises to supervise gaming; or
(c)during a period prescribed for the purposes of this section.

Maximum penalty—200 penalty units.

(2)The hours of gaming fixed for licensed premises can not extend beyond a period of 2 hours after the time when, under the liquor licence relating to the premises, liquor is not permitted to be sold on the licensed premises.

s 235 sub 1992 No. 35 s 11

amd 1993 No. 63 s 2 sch; 1999 No. 77 s 155; 2000 No. 51 s 60; 2012 No. 25 s 110; 2016 No. 4 s 15

236Rules ancillary to gaming

(1)Activities ancillary to gaming are subject to rules known as rules ancillary to gaming.
(2)The rules ancillary to gaming for licensed premises are—
(a)such rules ancillary to gaming as are prescribed; or
(b)those rules as amended, added to, repealed or substituted under subsection (3).
(3)The commissioner may and a licensee, with the approval of the commissioner, in respect of the licensee’s licensed premises, may—
(a)amend, add to or repeal; or
(b)substitute a rule or other rules for;

a rule or the rules prescribed under subsection (2) or such rules as amended or added to, or any rule or rules substituted for the rule or rules, under this subsection.

(4)If the commissioner takes action under subsection (3) (other than by way of approval), the commissioner by written notice, must advise the licensee accordingly.
(5)Any amendment, addition, repeal or substitution made under subsection (3) takes effect from the date specified for the purpose in the commissioner’s written notice or approval.
(6)If the Governor in Council repeals all the rules ancillary to gaming and substitutes fresh rules, any notice or approval given under subsection (3) that is in force is revoked.

s 236 amd 1992 No. 35 sch; 1997 No. 24s 61 sch; 2012 No. 25s 109(1)

237Rules ancillary to gaming to be displayed and enforced

A licensee, when gaming is being conducted on the licensee’s licensed premises, must cause the rules ancillary to gaming that are, at that time, the rules for the licensed premises—
(a)to be displayed in a conspicuous position, and in a way that ensures the rules are clearly legible from a reasonable distance, in each gaming machine area on the licensed premises; and
(b)to be enforced.

Maximum penalty—40 penalty units.

s 237 amd 1992 No. 35 sch; 2002 No. 43s 112sch 2; 2004 No. 21s 48

Division 6 Extending credit, and gaming tokens

pt 6 div 6 hdg ins 2004 No. 21s 123 sch

238Licensees or employees not to extend credit

(1)A licensee must not make a loan or extend credit in any form, to any person to enable that person or any other person to play a gaming machine on the licensee’s licensed premises.

Maximum penalty—200 penalty units.

(2)An employee of a licensee must not, in the course of the employee’s employment, make a loan or extend credit in any form to any person, including the employee, to enable the person or another person to play a gaming machine on the licensee’s licensed premises.

Maximum penalty—200 penalty units.

(3)If a cash advance is made to a person in circumstances where a licensee or an employee of a licensee knows, or ought reasonably to know, that the person intends to use the cash advance for gaming, the licensee or employee must not represent that the cash advance was made for some other purpose.

Maximum penalty for subsection (3)—200 penalty units.

s 238 amd 1992 No. 35 sch; 1999 No. 8s 79; 1999 No. 77s 155; 2000 No. 51s 61

239Gaming tokens

(1)A licensee in conducting gaming on the licensee’s licensed premises must only use gaming tokens.

Maximum penalty—200 penalty units.

(2)A licensee must cause all transactions, in respect of the sale or redemption of gaming tokens on the licensee’s licensed premises, to be carried out in such way as ensures the integrity of the transactions.

Maximum penalty for subsection (2)—200 penalty units.

s 239 amd 1992 No. 35 sch; 1999 No. 77s 88

240Gaming tokens that are not Australian currency

(1)This section does not apply to either of the following gaming tokens—
(a)a gaming token that has no value marked on it, and forms part of a centralised credit system approved under section 231(4);
(b)a gaming token that is a ticket, and is used as part of a TITO system approved under section 231(4).
(2)Where a person is a licensee who conducts gaming by the use of gaming tokens that are not Australian currency, that person, at all reasonable times, must—
(a)during the time the person is a licensee; and
(b)for 1 year after the person ceases to be a licensee;

redeem the gaming token for the value that is marked on the gaming token.

Maximum penalty—200 penalty units.

(3)A licensee must not sell for the purpose of gaming any gaming token that is not Australian currency unless—
(a)the gaming token is approved by the commissioner for use on the licensee’s licensed premises; and
(b)the value (in Australian currency) that the gaming token represents for the purpose of gaming on the licensee’s licensed premises is approved by the commissioner; and
(c)the gaming token is of the physical characteristics approved by the commissioner; and
(d)there is marked on the gaming token, in such a way as is approved by the commissioner—
(i)the value approved under paragraph (b); and
(ii)the name of the licensee or a symbol, approved by the commissioner, that clearly identifies the licensee from all other licensees; and
(iii)the name of the licensed premises or a symbol, approved by the commissioner, that clearly identifies the licensed premises from all other licensed premises; and
(e)the gaming token is in good condition.

Maximum penalty—200 penalty units.

(4)Before placing an order to purchase gaming tokens that are not Australian currency with a manufacturer of gaming tokens, a licensee must obtain from the commissioner approval for the purchase of the gaming tokens.

Maximum penalty—200 penalty units.

(5)A manufacturer of gaming tokens must not accept an order to manufacture, or manufacture, gaming tokens that are not Australian currency unless there is produced to the manufacturer an approval given under subsection (4) in respect of the gaming tokens.

Maximum penalty—200 penalty units.

(6)A licensee, except in the genuine redemption of gaming tokens, must not purchase gaming tokens that are not Australian currency from any person who is not a manufacturer of gaming tokens approved by the commissioner.

Maximum penalty—200 penalty units.

(7)A licensee must keep, and at all times accurately maintain, a written inventory of gaming tokens that are not Australian currency purchased from a manufacturer of gaming tokens.

Maximum penalty for subsection (7)—200 penalty units.

s 240 amd 1992 No. 35 sch; 1997 No. 24s 61 sch; 1999 No. 77s 89; 2012 No. 25s 109(1); 2013 No. 25s 78

Division 7 Provisions about winnings and other payments

pt 6 div 7 hdg ins 2004 No. 21s 123 sch

241Entitlement of players to winnings

(1)This section applies if a person (the player) playing a gaming machine installed on licensed premises becomes entitled to receive an amount or a non-monetary prize because of the playing of the gaming machine.
(2)The responsible licensed person must ensure the player—
(a)is paid the amount the player is entitled to receive, calculated in the way prescribed under a regulation; or
(b)receives the non-monetary prize the player is entitled to receive.

Maximum penalty—200 penalty units.

(3)In this section—
responsible licensed person, for an amount or non-monetary prize mentioned in subsection (1), means—
(a)if the gaming machine under which the entitlement to the amount or prize arises is not part of a multiple site linked jackpot arrangement for which a licensed monitoring operator has an approval for its operation under section 287—the licensee of the licensed premises on which the gaming machine is installed; or
(b)if the gaming machine under which the entitlement to the amount or prize arises is part of a multiple site linked jackpot arrangement for which a licensed monitoring operator has an approval for its operation under section 287—the licensed monitoring operator who has the approval for the operation of the arrangement.

s 241 amd 1992 No. 35 sch

sub 1999 No. 77s 90

242Payments for gaming

(1)This section applies to a licensee or licensed monitoring operator who is required to make a payment for—
(a)an amount for winnings, or gaming machine credits, that is not made by a gaming machine; or
(b)the redemption of gaming tokens.
(2)The licensee or licensed monitoring operator must make the payment—
(a)if paragraph (b) does not apply—with Australian currency; or
(b)if, under a regulation or the ancillary rules, the payment is required to be made in a way prescribed under the regulation or stated in the rules—in the way prescribed or stated.

Maximum penalty—200 penalty units.

(3)Subsection (2) does not apply to a licensee or licensed monitoring operator for a payment that, apart from this subsection, would be required to be made with Australian currency if, at the request of the person entitled to receive the payment, the licensee or operator makes the payment by—
(a)gaming tokens (other than Australian currency); or
(b)a cheque; or
(c)a combination of Australian currency, gaming tokens (other than Australian currency) and a cheque.
(4)Nothing in subsection (3) requires a licensee or licensed monitoring operator to make a payment in the way requested by a person.
(5)In this section—
ancillary rules, for a payment under this section, means the rules that, under section 237, are required to be displayed on the licensed premises on which the gaming machine to which the payment relates is installed.

s 242 amd 1992 No. 35 sch

sub 1999 No. 77s 90

242AUnclaimed payments

(1)If a person entitled to a non-monetary payment in relation to playing a gaming machine does not collect the payment within 12 months after the person becomes entitled to the payment, the relevant person may—
(a)dispose of the payment by public auction or tender or in some other way approved by the commissioner; and
(b)pay for the disposal from the proceeds of sale.
(2)Also, the relevant person must deal with any amount remaining from the proceeds of sale as required under subsection (4).

Maximum penalty—100 penalty units.

(3)If a person is entitled to a monetary payment in relation to playing a gaming machine and the amount is not paid within 12 months after the person becomes entitled to the payment, the relevant person must, within 14 days after the end of the 12 months, deal with the amount as required under subsection (4).

Maximum penalty—100 penalty units.

(4)The relevant person must, for an amount mentioned in subsection (2) or (3)—
(a)if the relevant person knows who is entitled to receive the amount and the person’s whereabouts—pay the amount to the person; or
(b)if the relevant person knows who is entitled to receive the amount, but the relevant person does not know the person’s whereabouts—pay the amount into the designated departmental account; or
(c)if the relevant person does not know who is entitled to receive the amount—pay the amount into the designated departmental account.
(5)In this section—
designated departmental account means a departmental financial institution account of the department designated under a regulation as the account to which payments are to be made under subsection (4)(b) or (c).
payment does not include promotions.
relevant person means—
(a)for a multiple site linked jackpot arrangement—the licensed operator; or
(b)otherwise—the licensee.

s 242A ins 2000 No. 51s 62

amd 2012 No. 25s 109(1); 2013 No. 25s 79

243Gaming by employees of licensees

(1)This section applies if—
(a)an employee of a licensee who is not a gaming employee plays a gaming machine on the licensee’s licensed premises for carrying out the employee’s duties; and
(b)a winning result is, or promotions are, obtained by the playing of the gaming machine.

Note—

The issue of the playing of gaming machines by gaming employees is dealt with in section 338.
(2)No amount is payable to the employee for the winning result or promotions, and any winnings produced by obtaining the winning result or because of the promotions remain the property of—
(a)if the gaming machine is part of a multiple site linked jackpot arrangement for which a licensed monitoring operator has an approval for its operation under section 287—the licensed monitoring operator who has the approval; or
(b)otherwise—the licensee.

s 243 ins 1999 No. 8s 80

sub 1999 No. 77s 90

amd 2000 No. 51s 62A

244Gaming system malfunctions

(1)This section applies if—
(a)a credit of gaming tokens (a displayed win) is registered by a gaming machine by the playing of the gaming machine; or
(b)a gaming system component produces a display (also a displayed win) to indicate, for a gaming machine—
(i)an amount (a prize amount) has been won by the playing of the gaming machine; or
(ii)a non-monetary prize (a prize item) has been won by the playing of the gaming machine.
(2)A gaming employee for the licensed premises on which the gaming machine is installed may—
(a)refuse to make a payment, or to allow a payment to be made, to a person for the registered credit; or
(b)refuse to pay the prize amount, or to allow the prize amount to be paid, to a person; or
(c)refuse to award the prize item, or to allow the prize item to be awarded, to a person.
(3)However, the gaming employee may make a payout refusal decision about a displayed win only if the gaming employee is satisfied the registering or production of the displayed win is caused by a gaming system malfunction.
(4)If a gaming employee makes a payout refusal decision about a displayed win, the gaming employee must ensure the gaming machine to which the displayed win relates is not played, except for testing purposes, until the gaming system malfunction is rectified.

Maximum penalty—200 penalty units.

(5)A gaming employee may make a payout refusal decision regardless of the reason for the gaming system malfunction.
(6)Subsection (1) applies to a displayed win whether the displayed win is attributable to the obtaining of a winning result, promotions or something else.

s 244 amd 1992 No. 35 sch; 1995 No. 58s 4sch 1; 1997 No. 24s 61 sch; 1999 No. 8s 81

sub 1999 No. 77s 90

245Notices and reports about payout refusal decisions

(1)This section applies if a gaming employee makes a payout refusal decision about a displayed win.
(2)As soon as practicable after making the decision, the gaming employee must—
(a)give the person affected by the decision (the affected person) a written notice stating—
(i)that the person may ask for a review of the decision; and
(ii)how the request for the review may be made; and
(b)give a report of the decision, in the approved form, to the licensee (the involved licensee) of the licensed premises at which the gaming employee is carrying out gaming duties.

Maximum penalty—40 penalty units.

(3)As soon as practicable after receiving a report under subsection (2), the involved licensee must give a copy of the report to the involved licensed monitoring operator.

Maximum penalty—40 penalty units.

(4)However, the involved licensee is not required to give a copy of the report to the involved licensed monitoring operator if the involved licensee overrules the decision of the gaming employee.

s 245 ins 1999 No. 77s 90

amd 2000 No. 51s 63

246Requests for review of payout refusal decisions

(1)An affected person who is dissatisfied with a payout refusal decision may ask for a review of the decision.
(2)A request under subsection (1) must—
(a)be in writing; and
(b)be given to the involved licensee; and
(c)be made within 10 days after the payout refusal decision is made; and
(d)state the grounds for seeking a review of the decision.
(3)As soon as practicable after receiving a request for a review of a payout refusal decision, the involved licensee must give a copy of the request to the involved licensed monitoring operator.

s 246 ins 1999 No. 77s 90

247Review of payout refusal decisions

(1)This section applies to an involved licensed monitoring operator on receiving a copy of a request about a payout refusal decision under section 246.
(2)The involved licensed monitoring operator must—
(a)review the payout refusal decision as soon as practicable after receiving the copy of the request; and
(b)decide the review by either confirming or overruling the payout refusal decision; and
(c)immediately after making a decision for the review, give written notice of the decision, as required under this section, to—
(i)the person by whom the request for the review was made (the claimant); and
(ii)the involved licensee.
(3)However, the involved licensed monitoring operator may confirm the payout refusal decision only if the operator is satisfied the registering or production of the displayed win to which the decision relates was caused by a gaming system malfunction.
(4)The notice mentioned in subsection (2)(c) must state—
(a)the outcome of the review (the review decision); and
(b)the reasons for the review decision; and
(c)if the review decision is a decision confirming the payout refusal decision—
(i)that the claimant may ask the commissioner to review the review decision; and
(ii)how the request for the further review may be made.

s 247 ins 1999 No. 77s 90

amd 2012 No. 25s 109(1)

248Review of initial review decisions

(1)This section applies if a claimant for a review of a payout refusal decision—
(a)receives a notice under section 247(2) confirming the decision; or
(b)does not receive a notice under section 247(2) within 1 month after asking for the review.
(2)If this section applies because of subsection (1)(a), the claimant may ask the commissioner to review the review decision.
(3)If this section applies because of subsection (1)(b), the claimant may ask the commissioner to review the payout refusal decision.
(4)A request to the commissioner under this section must—
(a)be made in the way, and within the time, prescribed under a regulation; and
(b)be dealt with by the commissioner in the way prescribed under a regulation.

s 248 ins 1999 No. 77s 90

amd 2012 No. 25s 109(1)

249Effect of reviews on payout refusal decisions

(1)If, following the review of a review decision by the commissioner, the commissioner sets aside the review decision—
(a)the payout refusal decision to which the review decision relates ceases to have effect; and
(b)this Act applies to the responsible licensed person in relation to the displayed win to which the payout refusal decision related as if the decision had not been made.
(2)If an involved licensed monitoring operator overrules a payout refusal decision—
(a)the decision ceases to have effect; and
(b)this Act applies to the responsible licensed person in relation to the displayed win to which the payout refusal decision related as if the decision had not been made.
(3)Nothing in sections 246 to 248 affects or prejudices any other right or remedy of an affected person in relation to a displayed win to which a payout refusal decision relates.
(4)In this section—
responsible licensed person means—
(a)if the relevant gaming machine is not part of a multiple site linked jackpot arrangement for which a licensed monitoring operator has an approval for its operation under section 287—the licensee of the licensed premises on which the gaming machine is installed; or
(b)if the relevant gaming machine is part of a multiple site linked jackpot arrangement for which a licensed monitoring operator has an approval for its operation under section 287—the licensed monitoring operator who has the approval for the operation of the arrangement.

s 249 ins 1999 No. 77s 90

amd 2000 No. 51s 64; 2012 No. 25s 109(1)

Division 8 Defective gaming system components, and security of gaming machines

pt 6 div 8 hdg ins 2004 No. 21s 123 sch

250Defective gaming system components not allowed

(1)In this section—
licensee includes—
(a)a gaming employee in respect of the licensed premises in question; and
(b)if the licensee is a body corporate—the secretary or any executive officer of the body corporate; and
(c)any person employed by the licensee who may be required by the licensee to—
(i)supervise gaming; or
(ii)attend to gaming machines; or
(iii)sell or redeem gaming tokens; or
(iv)carry out centralised credit system transactions; or
(v)carry out TITO system transactions;
      on the licensee’s licensed premises in question.
(2)A licensee must not allow a gaming system component installed, or available for use, on the licensee’s licensed premises to be played or used, except for testing purposes, if the component malfunctions when it is played or used.

Maximum penalty—200 penalty units.

(3)It is a defence to a prosecution for an offence against subsection (2) for the defendant to prove that the defendant—
(a)had taken all reasonable precautions to ensure that the gaming system component did not malfunction when it was played or used; and
(b)at the time of the alleged offence did not know, and ought not to have known, that the gaming system component was malfunctioning.

s 250 amd 1992 No. 35 sch; 1999 No. 8s 82; 1999 No. 77s 91; 2013 No. 25s 80

251Security of keys etc.

(1)A licensee must ensure that all keys and other devices related to the security of gaming equipment on the licensee’s licensed premises are kept, stored, secured, possessed and used in accordance with requirements prescribed in relation to the keys or other devices.

Maximum penalty—200 penalty units.

(2)A person must not possess or use any key or other device referred to in subsection (1) unless the possession or use is—
(a)permitted by; and
(b)in accordance with;

requirements prescribed in relation to the key or other device.

Maximum penalty for subsection (2)—200 penalty units.

s 251 amd 1992 No. 35 sch; 1999 No. 77s 92

252Certain persons only to have access etc. to gaming machines

A person must not, in relation to a gaming machine on licensed premises—
(a)open the gaming machine; or
(b)check gaming tokens contained inside the gaming machine; or
(c)remove gaming tokens from the cabinet or cash box of the gaming machine; or
(d)place gaming tokens into the gaming machine (other than for the purpose of playing a game upon the gaming machine);

unless the person is—

(e)the licensee of the licensed premises; or
(f)where the licensee is a body corporate—the secretary or executive officer of the body corporate in the genuine execution of the duties of such secretary or executive officer; or
(g)a gaming employee in respect of the licensed premises; or
(h)an employee of the licensee who is employed wholly or in part to attend to gaming machines; or
(i)an employee of the licensee who is assisting in carrying out money clearances; or
(j)a licensed repairer in the performance of duties as a licensed repairer; or
(k)an inspector in the performance of functions under this Act.

Maximum penalty—200 penalty units.

s 252 amd 1992 No. 35 sch; 1999 No. 8s 83; 1999 No. 77s 155; 2004 No. 21s 123 sch

Division 9 Provisions about minors

pt 6 div 9 hdg ins 2004 No. 21s 123 sch

253Minors can not play gaming machines

(1)A minor must not play a gaming machine on licensed premises.

Maximum penalty—25 penalty units.

(2)Subsection (1) does not apply to a minor if the minor—
(a)is an employee of the licensee of the licensed premises; and
(b)plays the gaming machine only to the extent that is necessary for carrying out the minor’s duties as the licensee’s employee.

Example of circumstances in which minor may play gaming machine for subsection (2)(b)—

If a gaming machine has malfunctioned and has been adjusted to correct the malfunction, a minor may play the gaming machine to test that it is operating properly.

s 253 sub 1992 No. 35s 12

amd 1999 No. 77s 94

254Minors can not be allowed to game

(1)A person must not allow a minor to play a gaming machine on licensed premises.

Maximum penalty—

(a)for a person who is the licensee of, or the licensee’s nominee for, the licensed premises—250 penalty units; or
(b)for another person—40 penalty units.

(2)A person does not commit an offence against subsection (1) if the minor—
(a)is an employee of the licensee of the licensed premises; and
(b)plays the gaming machine only to the extent that is necessary for carrying out the minor’s duties as the licensee’s employee.

Example of circumstances in which minor may play gaming machine for subsection (2)(b)—

If a gaming machine has malfunctioned and has been adjusted to correct the malfunction, a minor may play the gaming machine to test it is operating properly.

s 254 sub 1992 No. 35s 12

amd 1999 No. 77s 95; 2004 No. 21s 49

255False representation of age

(1)A person must not falsely represent himself or herself to have attained 18 years with the intent of playing a gaming machine.

Maximum penalty—25 penalty units.

(2)A person must not—
(a)make a false document that could reasonably be taken to be genuine acceptable evidence of age for the purposes of this Act; or
(b)give such a false document to another person;

knowing the document to be false and with intent that the document be used as acceptable evidence of age for the purposes of this Act.

Maximum penalty—

(a)in the case of a minor—25 penalty units; and
(b)in the case of an adult—40 penalty units.

s 255 ins 1992 No. 35s 12

amd 1992 No. 35 sch

256Wrongful dealing with genuine evidence of age

(1)A person must not knowingly give a document that is evidence of age of the person mentioned in the document (the specified person) to someone else, if the person giving the document knows or has reasonable grounds to suspect that the document may be used—
(a)as evidence of age for this Act of someone other than the specified person; or
(b)to obtain a document that is acceptable evidence of age for this Act of someone other than the specified person.

Maximum penalty—40 penalty units.

(2)A person must not wilfully or negligently deface or interfere with a document that is, for the purposes of this Act, acceptable evidence of age of the person or another person.

Maximum penalty—40 penalty units.

s 256 ins 1992 No. 35s 12

amd 1994 No. 59s 89sch 3

257Seizure of document wrongly used as evidence of age

(1)If a contravention of section 255 consists in production of—
(a)a genuine document that is, for the purposes of this Act, acceptable evidence of age of the person specified in the document; or
(b)a false document that could reasonably be taken, for the purposes of this Act, to be genuine acceptable evidence of age;

the person to whom the document is produced must seize and confiscate the document and give it to an inspector or a police officer.

Maximum penalty—25 penalty units.

(2)A person does not commit an offence by contravening subsection (1) if the person is not aware of the falsity of the representation as to age made by producing the document.
(3)Subsection (1) does not require a person to seize or confiscate a document stored or displayed on a digital device if—
(a)the device is used in the contravention of section 255; and
(b)in contravening the section a person produced the device to display the following things, or an image or other design purporting to be the thing—
(i)a digital authority;
(ii)a digital evidence of age;
(iii)a digital evidence of identity.

s 257 ins 1992 No. 35s 12

258Ascertainment of age

(1)For the purposes of this Act, an authorised person may, on licensed premises, require another person whom the authorised person suspects on reasonable grounds to be a minor and to be contravening a provision of this Act—
(a)to state all relevant particulars concerning the other person’s age; and
(b)to produce evidence of the other person’s age.

Note—

See the Transport Planning and Coordination Act 1994, sections 29AH and 29AI for the use of a digital authority, a digital evidence of age or a digital evidence of identity.
(2)If a person required under subsection (1) refuses to state particulars, or to produce evidence, as to age the authorised person must prohibit the suspected minor from playing gaming machines on the licensed premises.
(3)In this section—
authorised person, for licensed premises means—
(a)the licensee of the premises; or
(b)a gaming employee for the premises; or
(c)another employee of the licensee of the premises; or
(d)an inspector.

s 258 ins 1992 No. 35s 12

amd 1999 No. 8s 85 (amd 2000 No. 5s 461sch 3 (amd 2000 No. 22s 28(7))); 2000 No. 5s 461sch 3

259Seizure of material associated with representation of age

(1)If an inspector reasonably believes or suspects that a person—
(a)has made, or caused to be made, a false document in contravention of section 255(2)(a); or
(b)is in possession of a document given to the person in contravention of section 255(2)(b) or 256(1); or
(c)is in possession of a document defaced or interfered with in contravention of section 256(2);

the inspector may seize and confiscate—

(d)in the case specified in paragraph (a)—
(i)all documents made in