Gaming Machine Act 1991 (Qld)

Gaming Machine Act 1991

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

Part 1    Preliminary

1   Short title

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

1A   Object

(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.

2   Definitions

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

3   Meaning 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.

4   Approval 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.

5   Meaning 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.

5.18   [Repealed]

6   Meaning 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.

7   Meaning 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.

8   [Repealed]

9   Meaning 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.

10   Meaning 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.

10.20   [Repealed]

11   Meaning of percentage return to player

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

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

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

12   Meaning 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.

13   Act binds the Crown

This Act binds the Crown.

13A   Declaration 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.

14   Acceptable 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.

Part 2    Administration

Division 1 Commissioner for Liquor and Gaming

15   Establishment 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 Sector Act 2022.

16   Functions of commissioner

The commissioner has the functions given to the commissioner—

(a)under this or another Act; and

(b)by the Minister.

17   Powers 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.

18   Commissioner 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.

19   Commissioner 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.

20   Notice 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.

21   [Repealed]

22   [Repealed]

23   [Repealed]

24   [Repealed]

25   [Repealed]

26   [Repealed]

27   [Repealed]

28   [Repealed]

Division 2 Review and appeals

29   Who 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.

29A   [Repealed]

30   Effect 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.

30A   [Repealed]

30B   [Repealed]

30C   [Repealed]

31   Tribunal 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.

32   Tribunal 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.

33   Appeals 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.

34   [Repealed]

35   [Repealed]

36   [Repealed]

37   [Repealed]

38   [Repealed]

39   [Repealed]

40   [Repealed]

41   [Repealed]

42   [Repealed]

43   [Repealed]

44   [Repealed]

45   [Repealed]

46   [Repealed]

47   [Repealed]

48   [Repealed]

Division 3 Miscellaneous

49   Departmental 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.

50   Delegations

(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.

51   [Repealed]

52   [Repealed]

53   Criminal 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.

53A   Police 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.

54   Confidentiality 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.

54A   [Repealed]

54B   [Repealed]

54C   [Repealed]

Part 3    Gaming machine licences

Division 1 Authorisation of gaming machine gambling

55   Gaming 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.

Division 2 General requirements for applications of significant community impact

55A   Applications 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.

55B   Community impact statement and statement of safer 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 safer 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 safer gambling initiatives is to help the commissioner assess the adequacy of the applicant’s approach to providing a safer gambling environment.

(4)In preparing a community impact statement or a statement of safer 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 safer gambling initiatives are to be regarded as part of the supporting material for an application.

55C   Advertisement 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.

55D   Community 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.

55E   Procedure 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).

55F   Commissioner’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.

55FA    When notice of decision must be given to particular entities

(1)This section applies in relation to a decision made by the commissioner on an application of significant community impact if—

(a)a member of the public made comments under section 55D about the application and the comments were not disregarded by the commissioner under that section; or

(b)an entity made representations under section 55F about the application.

(2)The commissioner must give the member of the public or entity written notice of the decision.

(3)However, if the comments about the application were made under section 55D collectively by a group of members of the public—

(a)the commissioner may give the notice mentioned in subsection (2) to a person stated in the comments to be the sponsor for the comments instead of each member of the group; and

(b)a notice given to the sponsor for the comments under paragraph (a) is taken to have been given to each member of the group.

(4)The commissioner must give a notice under subsection (2) at the same time as notice of the decision is given to the applicant for the application of significant community impact.

(5)In this section—

member of the public see section 55D(4).

55FB    Commissioner must publish information about particular decisions on website

(1)This section applies in relation to a decision made by the commissioner on an application of significant community impact advertised under section 55C if—

(a)a member of the public made comments under section 55D objecting to the approval of the application and the comments were not disregarded under that section; or

(b)an entity made representations under section 55F objecting to the approval of the application.

(2)The commissioner must publish on the department’s website the following information in relation to the decision—

(a)the nature of the application;

(b)the location of the premises to which the application relates;

(c)the day the decision was made;

(d)whether the decision was to approve or refuse the application;

(e)a brief summary of the reasons for the decision.

(3)However, the information that is published must not include any of the following—

(a)sensitive information about a person;

(b)information the commissioner reasonably considers is commercially sensitive;

(c)information about a person’s criminal history given to the commissioner under section 53 or 53A.

(4)The information must be published under subsection (2)—

(a)as soon as practicable, but no later than 28 days, after the decision is made; and

(b)for a period of at least 3 months.

(5)A failure to comply with this section does not affect the validity of the decision.

(6)In this section—

member of the public see section 55D(4).

sensitive information, about a person, means information about—

(a)the person’s reputation; or

(b)the person’s history of behaviour or attitude in relation to the management and discharge of the person’s financial obligations.

55G   Waiver or variation of requirement of this division

The commissioner may waive or vary a requirement under this division, other than a requirement under section 55FA or 55FB, 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.

Division 3 Applications for gaming machine licences

55H   Limit 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).

56   Application 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.

56A   Application 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.

56B   Application 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.

57   Consideration 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.

58   Decision 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.

Note—

For an application of significant community impact, see also section 55FA for other entities that must be given notice of a decision on the application.

(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.

Note—

For an application of significant community impact, see also section 55FA for other entities that must be given notice of a decision on the application.

(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.

59   Particulars 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.

60   Basis 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.

Division 4 Application for additional licensed premises

61   Application 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.

62   Consideration 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.

63   Decision 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.

Note—

For an application of significant community impact, see also section 55FA for other entities that must be given notice of a decision on the application.

64   Fixing 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.

65   Application 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.

Division 5 Change of circumstance

66   Changes 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).

67   Changes 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.

Division 6 Gaming machine licences generally

68   Issue 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).

69   Issue 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.

70   Gaming 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.

71   Issue 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.

71A   Replacement 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.

72   [Repealed]

72C   [Repealed]

72D   [Repealed]

72N   [Repealed]

72ZD   [Repealed]

73   Conditions 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.

74   Imposition 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.

directly interested person, for a licensed monitoring operator, means—

(a)an approved financier with whom the operator has entered into an agreement or arrangement relating to the operator’s monitoring operations; or

(b)a secured creditor of the operator.

director ...

disclosed associate means a person stated in a disclosure affidavit as being a person who satisfies a description mentioned in section 182(4)(a) or (b).

disclosure affidavit see section 182.

displayed win see section 244(1).

division ...

due date for payment see section 7.

education and care service premises see the Education and Care Services National Law (Queensland), section 5(1).

electronic monitoring system means any electronic or computer system or device that is designed to be used, or adapted, to receive data from gaming equipment in relation to the security, accounting or operation of gaming equipment and includes an electronic or computer system or device capable of identifying the player.

employ includes engage on a contract for services or commission and use the services of, whether or not for reward.

endorsed number—

(a)of operating authorities for licensed premises, means the number of operating authorities stated on the gaming machine licence for the licensed premises; or

(b)of entitlements for licensed premises, means the number of entitlements stated on the gaming machine licence for the licensed premises, other than the number of any entitlements for other licensed premises that have been transferred under part 3B, division 3 for use on a temporary basis at the premises.

entitlement means an authorisation for a category 2 licensee to, subject to this Act, install and operate a gaming machine on category 2 licensed premises.

entitlement, of a category 2 licensee, means an entitlement endorsed on the licensee’s gaming machine licence as an entitlement for licensed premises under the licence.

entitlement, of the State, means—

(a)an entitlement that is an entitlement of the State under section 78(6), 78A(8), 87(10), 91A(4), 95(2E) or 109ZA; or

(b)another entitlement, other than an entitlement that is—

(i)allocated under section 448 or 449; or

(ii)transferred by operation of section 78(5) or 78A(7); or

(iii)purchased at an authorised entitlements sale.

entitlement region ...

entitlement selling entity see section 109ZC.

excluded interested person, for a licensed monitoring operator, means an indirectly interested person of the operator designated by the commissioner to be an excluded interested person for the operator.

exclusion direction see section 261C(1).

executive officer, in relation to a body corporate, means each of the chairperson, managing director or other principal executive officer of the body corporate and every member of any executive, governing or management body of the body corporate (by whatever name called).

exempt accounting record see section 307.

exempt monitoring record see section 168(1)(b).

existing licence see section 64(1).

existing premises see section 63(2)(b).

financial institution means—

(a)the Reserve Bank of Australia; or

(b)an authorised deposit-taking institution within the meaning of the Banking Act 1959 (Cwlth), section 5; or

(c)a person who carries on State banking within the meaning of the Commonwealth Constitution, section 51(xiii); or

(d)a body corporate that is, or that, if it had been incorporated in Australia, would be, a financial corporation within the meaning of the Commonwealth Constitution, section 51(xx); or

financial year means the period of 1 year ending on 30 June in any year or, if the commissioner, under section 4 approves some other date as the terminating date of a financial year in a particular case, the period so approved.

former licensee see section 302(2).

former operator see section 177(2).

game means a game—

(a)designed to be played on a gaming machine; and

(b)that is identifiable from all other games by—

(i)the name of the game; or

(ii)differences in rules or programming.

gaming means the playing of a gaming machine.

gaming Act means any of the following Acts—

•Casino Control Act 1982

•Charitable and Non-Profit Gaming Act 1999

•Interactive Gambling (Player Protection) Act 1998

•Keno Act 1996

•Lotteries Act 1997

•Wagering Act 1998.

gaming duties means duties about the conduct of gaming prescribed under a regulation.

gaming employee means—

(a)a person employed by a licensee to carry out gaming duties; or

(b)a nominee of a licensee.

gaming equipment—

(a)means the following—

(i)a gaming machine;

(ii)linked jackpot equipment;

(iii)an electronic monitoring system;

(iv)a centralised credit system;

(v)a computer program or electronic device designed to be used for, or adapted to enable, the transfer of gaming tokens to a gaming machine or the transfer of gaming machine credits from a gaming machine;

(vi)a part of, or replacement part for, anything mentioned in subparagraph (i) to (v); and

(b)in relation to the testing operations of a licensed testing facility operator, includes—

(i)gaming machine types; and

(ii)mathematics, artwork and software for a game.

gaming machine means any device that is so designed that—

(a)it may be used for the purpose of playing a game of chance or a game of mixed chance and skill; and

(b)it may be operated, wholly or in part—

(i)by the insertion of a gaming token into the device; or

(ii)by the use of gaming machine credits; or

(iii)by the electronic transfer of credits of gaming tokens to the device; or

(iv)by the use of gaming tokens held, stored or accredited by the device or elsewhere; and

(c)because of making a bet on the device, winnings may become payable;

but does not include any device declared under section 343 not to be a gaming machine.

gaming machine area means any location on licensed premises where a licensee is permitted to install a gaming machine.

gaming machine credit means a credit of a gaming token registered by a gaming machine.

gaming machine licence means a gaming machine licence issued under section 68 that is in force.

gaming machine type means a type of gaming machine in which different games may be installed.

gaming operations, of a licensee, means gaming conducted, and the conduct of gaming, on the licensee’s licensed premises.

gaming related system means—

(a)an electronic monitoring system; or

(b)a centralised credit system; or

(c)a TITO system; or

(d)a computer program or electronic device designed to be used for, or adapted to enable, the transfer of gaming tokens to a gaming machine or the transfer of gaming machine credits from a gaming machine.

gaming system component means—

(a)a gaming machine; or

(b)gaming equipment, other than a gaming machine; or

(c)equipment, other than gaming equipment, that is ancillary or related equipment for a gaming machine; or

(d)the approved game for a gaming machine.

gaming system malfunction means a malfunction of a gaming system component.

gaming token means Australian currency and any token, credit, ticket or any other thing that enables a bet to be made on a gaming machine, but does not include a gaming machine credit.

gaming trainer means a person (other than a licensed dealer) who conducts a genuine training course relating to the conduct of gaming.

general associate, of a person, means an associate (other than a disclosed associate) of the person.

general liquor licence ...

gross monthly turnover ...

holder, of a licence under this Act, means the person to whom the licence is issued.

increase, of approved hours of gaming, includes a change to hours of gaming that would allow the conduct of gaming on licensed premises at a time when gaming was previously unlawful (even though the change might leave aggregate hours of gaming unchanged or reduce the aggregate).

increase application means (according to context)—

(a)an increase application (gaming machines); or

(b)an increase application (hours of gaming).

increase application (gaming machines) means an application made by a licensee under section 81 for an increase in the approved number of gaming machines for licensed premises of the licensee.

increase application (hours of gaming) means an application made by a licensee under section 85A for an increase in the approved hours of gaming for licensed premises of the licensee.

indictable offence includes an indictable offence dealt with summarily, whether or not the Criminal Code, section 659, applies to the indictable offence.

indirectly interested person, for a licensed monitoring operator, means a person the operator knows, or ought reasonably to know, has an interest in the operator’s licence, but does not include a directly interested person of the operator.

information notice means a written notice complying with the QCAT Act, section 157(2).

inspector means a person who is an inspector under this Act.

inspectors audit program ...

interested person, for a licensed monitoring operator, means a directly or indirectly interested person of the operator.

interested person, of a holder of a licence under part 5, means—

(a)if the holder is a licensed key monitoring employee or a licensed service contractor—a licensed monitoring operator; or

(b)if the holder is a licensed repairer—a licensed monitoring operator, a licensed service contractor or another licensed repairer.

involved licensed monitoring operator, for a payout refusal decision for a displayed win, means—

(a)if paragraph (b) does not apply—a licensed monitoring operator who, when the decision was made, was supplying basic monitoring services to the involved licensee; or

(b)if, when the decision was made, the gaming machine to which the displayed win related was part of a linked jackpot arrangement—the licensed monitoring operator by whom the arrangement was operated.

involved licensee, for a payout refusal decision, see section 245(2)(b).

jackpot ...

jackpot payout see section 9.

key monitoring employee see section 185(1).

key officer see section 186.

licensed dealer means—

(a)a licensed major dealer; or

(b)a licensed secondary dealer.

licensed gaming employee ...

licensed gaming nominee means the holder of a gaming nominee’s licence in force under this Act.

licensed key monitoring employee means the holder of a key monitoring employee’s licence in force under this Act.

licensed machine manager ...

licensed major dealer means the holder of a major dealer’s licence in force under this Act.

licensed monitoring operator means the holder of a monitoring operator’s licence in force under this Act.

licensed operator ...

licensed person means—

(a)a licensed repairer; or

(b)a licensed service contractor; or

(c)a licensed gaming nominee; or

(d)a licensed key monitoring employee.

licensed premises—

(a)means premises on which a licensee is licensed to conduct gaming; and

(b)for part 3B, division 2, see section 109L.

licensed repairer means the holder of a repairer’s licence in force under this Act.

licensed secondary dealer means the holder of a secondary dealer’s licence in force under this Act.

licensed service contractor means the holder of a service contractor’s licence in force under this Act.

licensed supplier means—

(a)a licensed monitoring operator; or

(b)a licensed major dealer; or

(c)a licensed secondary dealer; or

(d)a licensed testing facility operator.

licensed testing facility operator means the holder of a testing facility operator’s licence in force under this Act.

licensee means the holder of a gaming machine licence.

licensees audit guidelines see section 301(1).

Licensing Commission ...

linked jackpot arrangement means an arrangement under which 2 or more gaming machines are linked to a device recording a winning result or other event resulting in an amount, part of an amount, or something else, being won by a player.

linked jackpot equipment means any meter, payout display, linking equipment, computer equipment, programming or other device (other than a gaming machine) forming, or capable of forming, part of a linked jackpot arrangement.

liquor means liquor within the meaning of the Liquor Act 1992.

liquor licence means—

(a)a licence mentioned in the Liquor Act 1992, section 58(1); or

(b)an authority to sell liquor under an Act, or a Commonwealth Act; or

(c)a right to sell liquor held by a person as a subsidiary operator.

liquor licence transfer application means an application under the Liquor Act 1992, section 113 for the transfer of a liquor licence from the holder of the liquor licence to a proposed transferee.

liquor licensing authority ...

listed person ...

local community area has the meaning given by the guideline named ‘Guidelines—Community Impact Statement’ made by the commissioner under section 18.

machine manager ...

Magistrates Court ...

main office, of a licensed supplier, means—

(a)the supplier’s principal place of business in the State; or

(b)if the supplier is a corporation and has its registered office in the State—its registered office.

malfunction, of a gaming system component, means a failure of the component to function—

(a)in the way it is designed to function; and

(b)for a component programmed to function in a particular way—in the way it is programmed to function.

management letter means a written notice—

(a)that is issued by an auditor in relation to an audit; and

(b)that is not part of an audit report; and

(c)in which the auditor identifies issues the auditor considers may be of concern to an entity or an entity’s executive officers.

Examples of issues for paragraph (c)—

1weaknesses in an internal control structure

2inefficiencies

3potential areas of risk

metered amount means the amount displayed on the total wins meter of a gaming machine or on a progressive jackpot prize meter.

metered bets ...

metered payouts see section 10.

metered turnover, for licensed premises for an assessment period, means the aggregate amount of all bets made on gaming machines on the premises in the assessment period.

metered win, for licensed premises for an assessment period, means the amount obtained by subtracting the metered payouts for the premises from the metered turnover for the premises.

Minister ...

money clearance means—

(a)for a gaming machine—the removal of gaming tokens, other than tickets, from the cash box or banknote acceptor of the gaming machine; or

(b)for a centralised credit system—the deduction of an amount in relation to amounts received by a licensee from persons for establishing gaming machine credits under the system for the persons; or

(c)for a TITO system—the deduction of an amount in relation to amounts received by a licensee from persons for establishing gaming machine credits under the system for the persons.

monitoring operations, of a licensed monitoring operator, means operations conducted by the operator under the operator’s licence.

monitoring record, of a licensed monitoring operator, means a record (including a document) about the operator’s monitoring operations.

monthly taxable metered win, for licensed premises for an assessment period, means the metered win for the premises for the period, less—

(a)the amount for the period paid into an approved trust account maintained by a licensed monitoring operator for multiple site jackpot increments; and

(b)the amount prescribed for the period under a regulation.

multiple site jackpot increments, for licensed premises, means the amount assessed by or for the commissioner for a linked jackpot arrangement for an assessment period.

multiple site linked jackpot arrangement means a linked jackpot arrangement linking gaming machines with other gaming machines on 2 or more licensed premises.

nominee, of a licensee for premises, see section 193.

nominees audit program means an audit program for investigating licensed gaming nominees approved by the Minister under section 211.

non-proprietary club means a body corporate whose memorandum and articles of association, rules, constitution or other incorporating documents provide that—

(a)the income, profits and assets of the body are to be applied only in the promotion of its objects; and

(b)the payment of dividends to, or the distribution of income, profits or assets of the body among, its members is prohibited.

note acceptor means a device that accepts currency in exchange for gaming machine credits.

officer of the division ...

operating authority means an authorisation for a category 1 licensee to, subject to this Act, install and operate a gaming machine on category 1 licensed premises.

operating authority, of a licensee, means an operating authority, other than an operating authority of the State, endorsed on the licensee’s gaming machine licence as an operating authority for the licensed premises under the licence.

operating authority, of the State, means—

(a)an operating authority that is an operating authority of the State under section 109F; or

(b)another operating authority, other than an operating authority that—

(i)was allocated under repealed section 409; or

Note—

Repealed section 409 provided for the allocation, on 1 July 2003, of operating authorities to category 1 licensees.

(ii)is transferred by operation of section 78(5); or

(iii)is purchased at an authorised sale.

operators audit guidelines see section 176(1).

operators audit program ...

other amounts, of a department, means amounts received by the department other than amounts received for a fund under this Act.

ownership, for a game change or a percentage return to player change, includes the holding of a lease or sublease.

parent entity ...

payout refusal decision, for a displayed win, means a decision of a gaming employee under section 244(2) refusing—

(a)to make a payment, or to allow a payment to be made, to a person for the credit the subject of the displayed win; or

(b)to pay, or to allow to be paid, to a person the amount the subject of the displayed win; or

(c)to award, or to allow to be awarded, to a person the non-monetary prize the subject of the displayed win.

percentage return to player see section 11.

person experiencing harm from gambling see section 261FA.

place includes any house, wharf or premises.

play a gaming machine has the meaning given by section 12.

police commissioner ...

police officer ...

post-amended Act, for part 12, division 10, see section 435.

power, for a delegation by the commissioner, includes doing an act or making a decision for the purpose of performing a function.

pre-amended Act, for part 12, division 9, see section 428.

premises includes messuages, buildings, lands, easements, tenements of any tenure, vehicles or vessels.

prescribed ...

prescribed liquor licence means a liquor licence prescribed for the purpose of this definition.

principal executive officer, in relation to a body corporate, means each of the chairperson, managing director or other principal executive, governing or management officer (by whatever name called) of the body corporate.

privately acquired gaming machine ...

problem gambler ...

progressive jackpot prize meter means a device for recording amounts that, if won by a player, would be—

(a)payable to the player by the a licensee or licensed monitoring operator as a jackpot payout; or

(b)credited to the credit meter of the player’s gaming machine as a jackpot credit.

promotions means an amount, part of an amount, or something else, able to be won by playing a gaming machine, whether or not a winning result for a game is obtained, and made available by a licensee or licensed monitoring operator, but, if a winning result for a game is obtained, does not include the amount constituted by the winning result itself.

proposed action, for part 5, division 6, see section 214B(2)(a).

public interest ...

QEC service premises see the Education and Care Services Act 2013, schedule 1.

reasonably suspects means suspects on grounds that are reasonable in all the circumstances.

recognised manufacturer or supplier of gaming machines ...

recognised supplier of restricted components ...

records, for part 10, division 2, see section 326.

registered company auditor means a person registered as an auditor, or taken to be registered as an auditor, under the Corporations Act, part 9.2.

registrar ...

registration number, of an operating authority, means the unique number assigned to the operating authority by the commissioner.

relevant chief executive ...

relevant local community area, for old premises, means the area that would, under a community impact statement prepared under section 55B, be the local community area for the old premises if an application were being made in relation to the old premises.

rented gaming machine ...

repairers audit program means an audit program, for investigating licensed repairers, approved under section 211(1)(a).

responsible service of gambling course certificate means a certificate given to a person for satisfactorily completing an approved responsible service of gambling course.

restricted component means any component that is prescribed as a restricted component when it does not form part of any gaming machine, linked jackpot equipment, electronic monitoring system, centralised credit system or TITO system but does not include anything declared under section 343 not to be a restricted component.

restricted official means an inspector or departmental officer—

(a)to whom a direction has been given by the commissioner under section 339(1); and

(b)for whom the direction is in force.

review decision see section 247(4)(a).

revocation notice—

(a)for part 6, division 10, subdivision 1—see section 261B(1); and

(b)for part 6, division 10, subdivision 2—see section 261F(5).

schedule of gaming machines ...

self-exclusion notice see section 261(1).

self-exclusion order see section 261A(1)(a).

selling entity see section 109B.

service contract means any agreement to install, alter, adjust, maintain or repair gaming equipment on licensed premises or otherwise in a licensee’s possession, but does not include an agreement to carry out any installation, alteration, adjustment, maintenance or repair prescribed for the purposes of section 187(3).

show cause notice—

(a)for part 4, division 6—see section 140(2); and

(b)for part 5, division 6—see section 214B(1).

show cause period, for part 4, division 6, see section 140(2)(d).

single site linked jackpot arrangement means a linked jackpot arrangement linking gaming machines with gaming machines on the same licensed premises.

site controller, of a gaming machine, means an electronic device that, as a part of an electronic monitoring system, receives data directly from the gaming machine for the purpose of monitoring and controlling the operation of the gaming machine.

special facility liquor licence ...

special facility premises ...

subsidiary operator means—

(a)an individual or body corporate to which the holder of a commercial special facility licence has, with the approval of the commissioner under the Liquor Act 1992—

(i)let or sublet part of the commercial special facility premises; and

(ii)let or sublet the right to sell liquor; or

(b)an individual or body corporate with which the holder of a commercial special facility licence has, with the approval of the commissioner under the Liquor Act 1992—

(i)entered into a franchise or management agreement for part of the commercial special facility premises; and

(ii)let or sublet the right to sell liquor.

substantial holding, in a body corporate, see the Corporations Act, section 9.

suppliers audit program means an audit program, for investigating licensed suppliers, approved by the Minister under section 135.

supplier’s licence means—

(a)a monitoring operator’s licence; or

(b)a major dealer’s licence; or

(c)a secondary dealer’s licence; or

(d)a testing facility operator’s licence.

supply operations, of a licensed supplier, means operations conducted by the licensed supplier under its supplier’s licence.

supporting material means—

(a)for an additional premises application—any information or documents received by the commissioner in response to a notice given under section 62(2)(b) about the application; or

(b)for an application for a gaming machine licence—any information or documents received by the commissioner in response to a notice given under section 57(2)(b) about the application; or

(c)for an application for a licence under part 5—any information or documents received by the commissioner in response to a notice given under section 200(3)(a) about the application; or

(d)for an increase application—any information or documents received by the commissioner in response to a notice given under section 82(2) about the application.

supporting material ...

supporting material ...

supporting material ...

supporting material ...

testing operations, of a licensed testing facility operator, means operations conducted by the operator under the operator’s licence.

ticket means an item that—

(a)displays a value in Australian currency; and

(b)is designed to be used as part of a TITO system in the place of Australian currency.

TITO system means any electronic system or device designed to be used for, or adapted to enable, the transfer of credits to or from a gaming machine using a ticket.

total approved number, of gaming machines, for 2 or more licensed premises to which a single gaming machine licence relates, means the number representing the total of each of the approved numbers of gaming machines for each of the premises.

total wins meter means a device for recording amounts (other than amounts recorded on the progressive jackpot prize meter) that, if won by a player, would be—

(a)payable to the player by the licensee; or

(b)credited to the credit meter of the player’s gaming machine.

transferee licensed premises—

(a)for part 3B, division 2, see section 109L; and

(b)for part 3B, division 3, see section 109S.

transferee licensee—

(a)for part 3B, division 2, see section 109L; and

(b)for part 3B, division 3, see section 109S.

transferor licensed premises—

(a)for part 3B, division 2, see section 109L; and

(b)for part 3B, division 3, see section 109S.

transferor licensee—

(a)for part 3B, division 2, see section 109L; and

(b)for part 3B, division 3, see section 109S.

tribunal means QCAT.

Under Treasurer ...

vehicle includes any motor vehicle, omnibus, coach, cart, sulky, bicycle, velocipede, train, railway carriage, aeroplane, airship, balloon, hovercraft or other means of conveyance or transit.

vessel includes any ship, boat, punt, ferry, hovercraft and every other kind of vessel used or apparently designed for use in navigation.