Gaming Machine (Reform) Amendment Act 2015 (ACT)

Gaming Machine (Reform) Amendment Act 2015

A2015-21

Contents

Page

1            Name of Act  2
2            Commencement  2
3            Legislation amended  2
4            Parts 2 and 2A  3
5            Part 3 heading  63
6            Section 39 heading  64
7           New section 39 (1A)  64
8            Section 39 (2) note  64
9            New section 39 (3)  64
10          Division 3.2 heading  65
11          Section 39A  65
12          Sections 41 and 42  66
13          Operation subject to correct percentage payoutSection 47 (1)  67
14          Percentage payout of gaming machines to be displayedSection 48  67
15          Licensee to use gaming machines Section 51  67
16          Section 56 heading  68
17          Section 56, new definitions  68
18          Section 56, definitions of licence and licensee  68
19          Grounds for disciplinary action Section 57 (3)  69
20          Disciplinary actionSection 58 (1) (b) and (d)  69
21          New section 58 (1) (f) and (g)  69
22          New section 58 (1A)  69
23          Section 58 (2), new notes  70
24          Commission may take disciplinary action against licensee New section 62 (4A)  70
25          New section 62A  70
26          Section 63 heading  71
27          Section 63 (2)  71
28          Section 64 heading  72
29          Section 64  72
30          Section 64  72
31          Section 65 heading  72
32          Section 65 (1) (a)  72
33          Section 65 (2)  73
34          Section 65 (3)  73
35          New section 65A  73
36          Computer cabinet access registerSection 71 (1)  74
37          New part 6A heading  74
38          Sections 98 to 100  74
39          Possession and operation of gaming machinesSection 103 (2) (a)  77
40          New section 103 (3)  78
41          Section 104  78
42          Section 105 heading  79
43          Section 105 (1) (b) and (c)  79
44          New section 105A  79
45          Section 107  80
46          New section 109A  80
47          New section 110A  81
48          Unapproved disposal of gaming machinesSection 111 (2)  81
49          Application for approval for disposal of gaming machinesSection 112 (2) (c)  81
50          New section 112 (3)  82
51          Approval of disposal of gaming machinesSection 113 (2) (a) (i)  82
52          New sections 113A to 113D  82
53          Operation to be subject to correct percentage payoutSection 125 (1) (b)  85
54          Section 125 (1) (c)  85
55          New divisions 6.10 and 6.11  85
56          Divisions 6.5 to 6.11 (as amended)  110
57          Section 131  110
58          Removal of gaming machines from premisesSection 132 (1)  111
59          Section 132 (2)  111
60          Section 132 (3), definition of relevant decision  112
61          Section 132 (3), definition of required period, paragraph (a) (i)           112
62          Operation of linked-jackpot arrangementsSection 133 (b)  112
63          Section 134 heading  112
64          Section 134 (1), except notes  113
65          Section 134 (3)  113
66          Section 134 (3) (a) (i)  113
67          Section 134 (4)  113
68          Section 134 (4)  114
69          Issue of multi-user permitsSection 135 (1)  114
70          Unclaimed jackpotsSection 143 (1)  114
71          Section 143 (1)  114
72          Undisbursed jackpotsSection 144 (1)  115
73          Section 144 (1) and (3) (a)  115
74          Section 144 (3) (b)  115
75          Eligible clubsSection 146 (d) (ii)  115
76          Club elections—record-keepingSection 148 (3), definition of club  116
77          Club constitution—consistency with gaming lawsSection 148B (4), definition of club  116
78          Power to require information about status of eligible clubsSection 149 (4), definition of club  116
79          Offence—ATM allowing withdrawals exceeding $250Section 153A (4), definition of at the licensed premises  116
80          Section 153A (4), new definition of at the licensee’s authorised premises 116
81          Gaming machine taxSection 159 (3), definition of prescribed percentage, paragraph (a)      117
82          Gaming machine tax returnsSection 162 (1)  117
83          New part 13A  118
84          New section 174A  124
85          Canberra AirportSection 175 (2)  124
86          Evidentiary certificatesSection 176  125
87          New section 179  125
88          New part 20  126
89          Schedule 1  132
90          New schedule 2  136
91          Dictionary  137
92          Further amendments, mentions of licensed etc  149
93          Further amendments, mentions of machine etc  150
Schedule 1 Other amendments—compulsory surrender     153

Gaming Machine (Reform) Amendment Act 2015

A2015-21

An Act to amend the Gaming Machine Act 2004 to establish a trading scheme for gaming machines, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Name of Act
This Act is the Gaming Machine (Reform) Amendment Act 2015.
Commencement
(1)This Act commences on a day fixed by the Minister by written notice.
Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
(2)If this Act (other than schedule 1 (Other amendments—compulsory surrender)) has not commenced within 1 year beginning on its notification day, it automatically commences on the first day after that period.
(3)The Minister must notify the commencement of schedule 1 at least 6 months before the day fixed for its commencement.
(4)If schedule 1 has not commenced within 3 years beginning on the commencement of section 53, it automatically commences on the first day after that period.
(5)The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to this Act.
Legislation amended
This Act amends the Gaming Machine Act 2004.
Parts 2 and 2A
substitute

Part 2Important concepts

Eligibility of individuals
(1)For this Act, an individual is an eligible person if—
(a)the individual is an adult; and
(b)there is not a disqualifying ground in relation to the individual.
(2)Each of the following is a disqualifying ground for an individual:
(a)the individual has been convicted, or found guilty, in the last 5 years, whether in the ACT or elsewhere, of an offence—
(i)involving fraud or dishonesty; or
(ii)punishable by imprisonment for at least 1 year; or
(iii)against a law about gaming;
(b)the individual is, or at any time in the last 5 years has been, bankrupt or personally insolvent;
NoteBankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.
(c)at any time in the last 5 years the individual was involved in the management of a corporation when—
(i)the corporation became the subject of a winding-up order; or
(ii)a controller or administrator was appointed for the corporation;
(d)at any time in the last 12 months the individual had—
(i)a licence cancelled under section 58 (Disciplinary action); or
NoteLicence is defined in s 56 and includes—
(a)approval to operate a linked‑jackpot arrangement; and
(b)in‑principle authorisation certificate; and
(c)multi‑user permit.
(ii)an authorisation cancelled under section 64 (Cancellation of authorisation certificate because of cancellation etc of general and on licences); or
(iii)an application for approval as a supplier refused, on the basis that the person provided false or misleading information, under section 72 (Application and approval as supplier); or
(iv)approval as a supplier cancelled under section 73A (Cancellation etc of supplier’s approval); or
(v)an application for approval as a technician refused, on the basis that the person provided false or misleading information, under section 75 (Approval of technicians); or
(vi)approval as a technician cancelled under section 79 (1) (a) or (c) (Cancellation etc of technician’s approval).
(3)Despite subsection (2), the commission may decide that the individual is an eligible person even though there is a disqualifying ground in relation to the individual if satisfied that—
(a)if the individual is an applicant for a licence—the operation of gaming machines by the individual would not adversely affect the public; and
(b)it is otherwise in the public interest that the individual be treated as an eligible person.
Eligibility of corporations
(1)For this Act, a corporation is an eligible person if—
(a)each influential person of the corporation is an eligible person; and
(b)if the corporation is a club—it is an eligible club; and
(c)the corporation is not the subject of a winding-up order, and has not been the subject of a winding-up order in the last 3 years; and
(d)a controller or administrator has not been appointed for the corporation in the last 3 years; and
(e)the corporation is not the subject of an auditor’s opinion that it is not able to pay all of its debts as and when they become due and payable; and
(f)the corporation is not the subject of an auditor’s adverse opinion or disclaimer of opinion, within the meaning of Auditing Standard ASA 705.
(2)Despite subsection (1), the commission may decide that the corporation is an eligible person even though a provision of that subsection does not apply in relation to the corporation if satisfied that—
(a)the operation of gaming machines by the corporation would not adversely affect the public; and
(b)it is otherwise in the public interest that the corporation be treated as an eligible person.
(3)In this section:
AUASB means the Auditing and Assurance Standards Board established under the Australian Securities and Investments Commission Act 2001 (Cwlth), section 227AA (1).
Auditing Standard ASA 705 means Auditing Standard ASA 705 Modifications to the Opinion in the Independent Auditor’s Report made by the AUASB on 27 October 2009 under the Corporations Act, section 336 (1) (Auditing standards).
NoteThe standard is accessible at
Meaning of influential person
(1)In this Act:
influential person, for a corporation—
(a)means any of the following:
(i)an executive officer of the corporation;
(ii)a related corporation;
(iii)an executive officer of a related corporation;
(iv)an influential owner; and
(b)includes a person who, though not mentioned in paragraph (a), can exercise as much influence over the actions of the corporation as someone mentioned in that paragraph.
NoteCorporation includes a club (see dict).
(2)In this section:
influential owner, of a corporation, means a person who, whether directly or through intermediary corporate ownership or nominees—
(a)can control 5% of the votes at an annual general meeting of the corporation; or
(b)can control the appointment of a director of the corporation.
related corporation means a related body corporate under the Corporations Act.
Proper completion—applications under Act
(1)An application under a provision of this Act is properly completed only if the following requirements are met:
(a)if a form is approved under the Control Act, section 53D for the application—the form is used;
(b)the application includes all information and documents required under the provision to be included;
(c)a document required to be included with the application includes all information required under the provision to be included in the document and is substantially complete;
(d)the application, and any document or information included in the application, is verified in the way required by the provision;
(e)if a fee is determined under section 177 for the application—the fee is paid.
Note 1Under the Legislation Act, s 255 (5), if a form requires any of the following, substantial compliance with the form is not sufficient and the form is properly completed only if the requirement is complied with:
(a)the form to be signed;
(b)the form to be prepared in a particular way (for example, on paper of a particular size or quality or in a particular electronic form);
(c)the form to be completed in a particular way;
(d)particular information to be included in the form, or a particular document to be attached to or given with the form;
(e)the form, information in the form, or a document attached to or given with the form, to be verified in a particular way (for example, by statutory declaration).
Note 2It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
(2)If an application under this Act is not properly completed—
(a)the commission may refuse to consider the application; and
(b)if the commission refuses to consider the application—the application lapses.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(3)The commission may, in writing, require an applicant to give the commission additional information, within the time stated by the commission, that the commission reasonably needs to decide the application.
(4)If the applicant does not comply with a requirement under subsection (3) within the time stated by the commission—
(a)the commission may refuse to consider the application; and
(b)if the commission refuses to consider the application—the application lapses.

Part 2AGaming machine authorisation numbers

Maximum number of authorisations for gaming machines allowed in ACT
(1)The maximum number of authorisations for gaming machines for all authorised premises in the ACT is worked out as follows:
SN - (NS + NC + NF)
NC means the total number of authorisations cancelled after the relevant day.
NF means the total number of authorisations forfeited to the Territory after the relevant day.
NS means the total number of authorisations surrendered after the relevant day.
SN means the number notified by the commission on the relevant day.
(2)The total number of authorisations for gaming machines allowed under all authorisation schedules issued under this Act must not exceed the maximum number worked out under subsection (1).
NoteAn authorisation schedule is included in an authorisation certificate (see s 27 (1) (h) and s 30 (3) (j)).
(3)As soon as practicable after each time the maximum number of authorisations for gaming machines changes, the commission must prepare a notice stating the new maximum number and the date of the change.
(4)Each of the following is a notifiable instrument:
(a)a notification under subsection (1), definition of SN;
(b)a notice under subsection (3).
NoteA notifiable instrument must be notified under the Legislation Act.
(5)In this section:
cancelled—an authorisation for a gaming machine is cancelled if—
(a)the authorisation is cancelled under—
(i)section 62 (Commission may take disciplinary action against licensee); or
(ii)section 64 (Cancellation of authorisation certificate because of cancellation etc of general and on licences); and
(b)the cancellation has become final.
final—a cancellation of an authorisation becomes final when—
(a)the time for any appeal or review in relation to the decision has ended; or
(b)any appeal or review in relation to the decision has been decided or withdrawn.
relevant day means the day the Gaming Machine (Reform) Amendment Act 2015, section 4 commences.
surrendered—an authorisation for a gaming machine is surrendered if the licensee, under section 37F (1) (c) (Surrender of licences, authorisation certificates and authorisations), surrenders the authorisation and the surrender takes effect under section 173E (Notifiable actions—date of effect).
Note 1The surrender of an authorisation is a notifiable action (see pt 13A and sch 2).
Note 2A notifiable action takes place—
(a)the prescribed number of days after the day the commission receives the notification (see s 173E (a)); or
(b)if the commission allows the notifiable action to take place on an earlier day—that day (see s 173E (b)); or
(c)if the commission asks for additional information under s 173E (c)—when the commission has notified the licensee that it is satisfied in relation to the additional information (see s 173E (c)).

Part 2BLicences and authorisations
Division 2B.1 Definitions and important concepts

Definitions—pt 2B
In this part:
authorisation certificate amendment application—see section 33 (1).
authorisation certificate application, for class C gaming machines—see section 21 (1).
class B licence means a licence to operate class B gaming machines.
class B licence and authorisation certificate application—see section 28 (1).
class C licence means a licence to operate class C gaming machines.
NoteAn applicant who the commission is satisfied on reasonable grounds is an eligible person must be issued with a class C licence (see s 17 (3)).
class C licence application—see section 15.
gaming area amendment—see section 33 (1) (a).
increase maximum amendment—see section 33 (1) (c).
minor licence amendment application—see section 31 (1).
premises relocation amendment—see section 33 (1) (b).
Meaning of social impact assessment
(1)For this Act, a social impact assessment for an application is a written assessment of the likely economic and social impact of the operation of gaming machines—
(a)for an authorisation certificate application—under the proposed authorisation certificate; or
(b)for an authorisation certificate amendment application—under the authorisation certificate as proposed to be amended; or
(c)for an application for an in‑principle authorisation certificate—under the proposed in-principle authorisation certificate.
NoteA social impact assessment is required for—
(a)an authorisation certificate application (see s 22 (2) (a)); and
(b)some authorisation certificate amendment applications (see s 34 (f) (ii) (A) and s 37 (4) (a)); and
(c)an application for an in‑principle authorisation certificate (see s 38C, which requires applications to comply with s 22 (1)).
(2)A regulation may make provision in relation to social impact assessments, including the following:
(a)the requirements that must be satisfied by a social impact assessment;
(b)the matters to be addressed by a social impact assessment;
(c)the information to be given in a social impact assessment.
Social impact assessment—publication
(1)This section applies if an applicant for any of the following is required to provide a social impact assessment with the application:
(a)an authorisation certificate;
(b)an amendment of an authorisation certificate;
(c)an in‑principle authorisation certificate.
(2)The applicant must publish an advertisement about the application in a daily newspaper, stating that—
(a)the social impact assessment for the application will be available for inspection by members of the public at the commission’s office during ordinary business hours for 6 weeks after a day stated in the advertisement (the comment period); and
(b)any written submissions about the social impact assessment may be made to the commission within the comment period.
Note 1Daily newspaper—see the Legislation Act, dictionary, pt 1.
Note 2If a form is approved under the Control Act, s 53D for an advertisement, the form must be used.
(3)Before the comment period begins, the applicant must give the commission—
(a)the social impact assessment for the application; and
(b)a copy of the advertisement.
(4)The applicant must—
(a)on or before the day the advertisement is published, place a sign (the information sign) containing information about the application in a prominent position—
(i)for an authorisation certificate application or authorisation certificate amendment application—outside each public entrance to the premises to which the application relates; or
(ii)for an application for an in‑principle authorisation certificate—on the land at the address to which the approval applies; and
(b)ensure that the sign stays there for the comment period.
(5)However, an applicant for an in‑principle authorisation certificate need not comply with subsection (4) if it would be impractical to do so.
Examples—impractical to place sign at address
1 there is no road access to the address
2 building work is being carried out at the address
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(6)The information sign must include the following:
(a)a description of the application;
(b)a statement of when and where the social impact assessment for the application will be available;
(c)an invitation to make written submissions to the commission about the social impact assessment within the comment period;
(d)when the comment period ends;
(e)details of where to get more information about the application.
(7)The commission must make the social impact assessment available for inspection by members of the public at the commission’s office during ordinary business hours during the comment period.
(8)The commission must not decide the application until the comment period has ended.

Applications to be dealt with in order of receipt etc
(1)A person may make an authorisation certificate application when the person makes a licence application for a class B or class C licence.
(2)The commission must deal with properly completed licence applications and properly completed authorisation certificate applications in the order in which the commission receives the applications.
Note 1The commission may refuse to consider an application that is not properly completed. If the commission refuses to consider the application, it lapses (see s 9 (2)).
Note 2If additional information in relation to an application is not given to the commission within the time required by the commission, the commission may refuse to consider the application. If the commission refuses to consider the application, it lapses (see s 9 (4)).
Note 3It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

Division 2B.2 Class C licences—application and issue

Licence for class C gaming machines—application
A club may apply to the commission for a licence for class C gaming machines (a class C licence application).
Note 1If a form is approved under the Control Act, s 53D for an application, the form must be used.
Note 2A fee may be determined under s 177 for an application.
Class C licence application—contents
A class C licence application must—
(a)be in writing and signed by the applicant; and
(b)state the name of the applicant’s legal entity and the applicant’s address; and
(c)state the applicant’s ABN; and
(d)state the applicant’s—
(i)ACN; or
(ii)if the applicant is an incorporated association—association number; and
NoteAssociation number—see the dictionary.
(e)state that the application is for a class C licence; and
(f)state the name and address of each director of the applicant; and
(g)state the name of each influential person for the applicant and the person’s relationship with the applicant; and
(h)include the following:
(i)a copy of the applicant’s constitution;
(ii)an alphabetical list of names and addresses of all current members of the applicant, certified correct by the applicant’s secretary;
(iii)a statement, signed by the applicant’s secretary, stating the grounds on which the applicant claims to be an eligible club;
NoteA club is a corporation (see dict, def corporation).
(iv)evidence that a majority of the applicant’s voting members who voted in a ballot conducted under a regulation voted for the applicant having gaming machines; and
(i)include anything else prescribed by regulation.
Note 1The commission may refuse to consider an application that is not properly completed. If the commission refuses to consider the application, it lapses (see s 9 (2)).
Note 2If additional information in relation to an application is not given to the commission within the time required by the commission, the commission may refuse to consider the application. If the commission refuses to consider the application, it lapses (see s 9 (4)).
Class C licence—decision on application
(1)This section applies if the commission receives a licence application under section 15 (Licence for class C gaming machines—application).
(2)In deciding whether to issue a class C licence, the commission may consider any matter prescribed by regulation.
(3)The commission must issue a class C licence to the applicant if satisfied on reasonable grounds that—
(a)the applicant is an eligible person; and
(b)a majority of the applicant’s voting members who voted in a ballot conducted under a regulation voted for the applicant having gaming machines.
Note 1If a corporation is a club, the corporation is an eligible person if it is an eligible club (see s 7 (1) (b)).
Note 2The commission may refuse to issue a class C licence to a club if a ground for refusing the licence exists (see s 18).
Class C licence application—grounds for refusal
(1)The commission may refuse to issue a class C licence to a club if satisfied that—
(a)the election of a member of the club’s management committee or board has been decided, controlled or influenced in a significant way, or to a significant degree, by—
(i)people who are not voting members of the club; or
(ii)only some voting members of the club; or
(b)the voting members of the club, taken as a group, do not have complete control over the election of all members of the club’s management committee or board; or
(c)each voting member of the club does not have an equal right to elect people, or to nominate or otherwise choose people for election, to the club’s management committee or board; or
(d)if the club does not own its premises—an executive officer or employee of the club is also the club’s lessor, or an associate of the club’s lessor; or
(e)an executive officer or employee of the club is a creditor, or an associate of a creditor, of the club; or
(f)the club’s management committee or board does not, for any reason, have complete control over the club’s business or operations, or a significant aspect of the club’s business or operations; or
(g)the club is being, or may be, used as a device for individual gain or commercial gain by someone other than the club.
(2)However, the commission must not refuse to issue a class C licence under subsection (1) (a), (b) or (c) only because—
(a)the commission is satisfied that the election of a member of the club’s management committee or board has been decided, controlled or influenced in a significant way, or to a significant degree, by an associated organisation; or
(b)the voting members of the club, taken as a group, do not have complete control over the election of all members of the club’s management committee or board because an associated organisation has some control; or
(c)each voting member of the club does not have an equal right to elect people, or to nominate or otherwise choose people for election, to the club’s management committee or board because an associated organisation has a right to elect, nominate or otherwise choose people for election.
NoteAssociated organisation, for a club—see the dictionary.
Class C licence—conditions
A class C licence is subject to—
(a)a condition mentioned in part 3 (Licences and authorisation certificates—conditions) that applies to a licence; and
(b)any other condition imposed by the commission.
Class C licence—form
(1)A class C licence must—
(a)be in writing; and
(b)include the following:
(i)the licensee’s name;
NoteLicensee’s name—see the dictionary.
(ii)if the licensee carries on business under a name other than the licensee’s name—the name under which the licensee carries on business;
(iii)the licensee’s ABN;
(iv)the licensee’s—
(A)ACN; or
(B)if the licensee is an incorporated association—association number;
NoteAssociation number—see the dictionary.
(v)the date the licence comes into force;
(vi)a unique identifying number (a licence number);
(vii)a statement that the licensee is entitled to operate class C gaming machines;
(viii)the conditions on the licence.
(2)A regulation may prescribe other requirements in relation to the form of a licence.

Division 2B.3 Authorisation certificates for class C gaming machines—application and issue

Authorisation certificate for class C gaming machines—application
(1)A club may apply to the commission for an authorisation certificate (an authorisation certificate application) to have the maximum number of authorisations for class C gaming machines at the premises stated in the application.
Note 1If a form is approved under the Control Act, s 53D for an application, the form must be used.
Note 2A fee may be determined under s 177 for an application.
Note 3For the issue of authorisations in relation to a class B licence, see div 2B.4.
(2)However, a club may make an authorisation certificate application only if the club—
(a)holds a current licence for class C gaming machines; or
(b)has made a class C licence application.
Authorisation certificate for class C gaming machines—contents of application
(1)An authorisation certificate application for class C gaming machines must—
(a)be in writing signed by the applicant; and
(b)include the following:
(i)the name of the applicant’s legal entity (the applicant’s name);
(ii)if the applicant carries on business under a name other than the applicant’s name—the name under which the applicant carries on business;
(iii)the applicant’s ABN;
(iv)the applicant’s—
(A)ACN; or
(B)if the applicant is an incorporated association—association number; and
NoteAssociation number—see the dictionary.
(c)state the address, and block and section number, of the premises for which the authorisation certificate is sought; and
(d)state the maximum number of authorisations for gaming machines for which the authorisation certificate is sought; and
(e)be accompanied by each of the required documents for the application.
(2)For subsection (1) (e), the required documents are the following:
(a)a social impact assessment for the application;
(b)a plan of the premises that—
(i)is drawn to scale; and
(ii)clearly shows the location, boundaries and dimensions of the area in the premises where gaming machines are to be installed (the proposed gaming area);
(c)a copy of the current gaming rules the applicant has adopted in relation to the premises for which the authorisation certificate is sought;
Examples—what gaming rules may cover
1how long a gaming machine may be reserved for
2who may play the gaming machines
3banning of extension of credit to players
4cash payment limits
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(d)a copy of the current control procedures the applicant has adopted to control the operation of gaming machines on the premises for which the authorisation certificate is sought;
NoteSection 97 sets out the requirements for control procedures.
(e)any other documents required by regulation.
Note 1The commission may refuse to consider an application that is not properly completed. If the commission refuses to consider the application, it lapses (see s 9 (2)).
Note 2If additional information in relation to an application is not given to the commission within the time required by the commission, the commission may refuse to consider the application. If the commission refuses to consider the application, it lapses (see s 9 (4)).
Authorisation certificate for class C gaming machines—decision on application
(1)This section applies if the commission receives an authorisation certificate application for class C gaming machines.
(2)The commission must issue an authorisation certificate to the applicant if satisfied on reasonable grounds—
(a)that the applicant holds a class C licence; and
(b)the gaming rules and control procedures the applicant has adopted for the purpose of controlling the operation of gaming machines are adequate for that purpose; and
(c)taking into consideration the social impact assessment for the application and any submission made on the assessment within the comment period under section 13 (Social impact assessment—publication), the issue of the authorisation certificate is appropriate.
(3)The commission must issue the authorisation certificate for the number of authorisations for gaming machines stated in the application if satisfied on reasonable grounds that the size and layout of the proposed gaming area are suitable for the installation of the number of gaming machines for which the authorisation certificate is sought.
(4)The commission may issue the authorisation certificate for a lower number of authorisations for gaming machines than the number stated in the application if satisfied that the size and layout of the proposed gaming area are suitable for the installation of the lower number of gaming machines.
NoteThe commission may refuse to issue an authorisation certificate to a club if a ground for refusing to issue the certificate exists (see s 24).
(5)In deciding the maximum number of authorisations for gaming machines under an authorisation certificate, the commission must consider the following:
(a)the size and layout of the premises the application relates to;
(b)the size and layout of the proposed gaming area;
(c)the number of club members worked out under a regulation;
(d)the ratio of club members to the maximum number of authorisations for gaming machines sought by the licensee;
(e)the extent to which the club has contributed to, or is likely to contribute to, the community and supported and benefited the community;
(f)the social impact assessment for the application for the authorisation certificate and any submission made on the assessment within the comment period under section 13.
NoteMaximum number, of authorisations—see the dictionary.
(6)In deciding whether a proposed gaming area is suitable for the installation of the number of gaming machines the licensee may have under an authorisation certificate, the commission must consider harm minimisation strategies for patrons.
(7)The commission may consider anything else prescribed by regulation.
Authorisation certificate application for class C gaming machines—grounds for refusal
The commission may refuse to issue an authorisation certificate to a club if satisfied that—
(a)payments for goods and services supplied to the club, including the rental or lease payments for the club’s premises, are related to the level of gaming machine performance; or
Examples—goods and services
·food and beverages
·cleaning services
·gaming machines
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(b)someone, other than the lessor or leasing agent, will receive a payment or benefit during or at the end of a lease, agreement or arrangement entered into by the club for its premises.
Issue of authorisation certificate for class C gaming machines—number of gaming machines to be operated
To remove any doubt, a licensee issued with an authorisation certificate for a maximum number of authorisations for class C gaming machines at the premises stated in the certificate may, at any time, operate the maximum number, or less than the maximum number, of gaming machines allowed under the authorisation certificate.
Note 1The licensee must not acquire a gaming machine for premises authorised under an authorisation certificate if the licensee does not hold an authorisation for the gaming machine (see s 98 (4)).
Note 2The licensee must not operate a gaming machine if the operation of the gaming machine is not allowed under an authorisation certificate (see s 104).
Authorisation certificate for class C gaming machines—conditions
An authorisation certificate for a maximum number of authorisations for class C gaming machines is subject to—
(a)a condition mentioned in part 3 (Licences and authorisation certificates—conditions) that applies to an authorisation certificate; and
(b)any other condition imposed by the commission.
Authorisation certificate for class C gaming machines—form
(1)An authorisation certificate for a class C licence must—
(a)include the following:
(i)the licensee’s name;
NoteLicensee’s name—see the dictionary.
(ii)if the licensee carries on business under a name other than the licensee’s name—the name under which the licensee carries on business;
(iii)the licensee’s ABN;
(iv)the licensee’s—
(A)ACN; or
(B)if the licensee is an incorporated association—association number; and
NoteAssociation number—see the dictionary.
(b)state the licensee’s licence number; and
(c)include a unique identifying number (an authorisation certificate number); and
(d)state that class C gaming machines only are allowed under the authorisation certificate; and
(e)state the details of the premises where the licensee is authorised to have the gaming machines; and
(f)state the details of the part of the premises (the gaming areas) where the licensee is allowed to operate the gaming machines; and
(g)state the maximum number of authorisations for gaming machines under the authorisation certificate; and
NoteMaximum number, of authorisations—see the dictionary.
(h)include a schedule (an authorisation schedule) that contains—
(i)the serial number of each gaming machine the licensee has under the authorisation certificate; and
(ii)a unique identifying number for each authorisation (an authorisation number) under the authorisation certificate.
NoteA licensee may also store gaming machines the licensee has under an authorisation (see div 6.11).
(2)A regulation may prescribe other requirements in relation to the form of an authorisation certificate or authorisation schedule.

Division 2B.4 Licences and authorisation certificates—class B gaming machines

Licence and authorisation certificate for class B gaming machines—restricted application
(1)A person may apply to the commission for a licence and authorisation certificate for class B gaming machines (a class B licence and authorisation certificate application) only if—
(a)the application relates to a business being purchased from the holder of a class B licence; and
(b)the business is operated under a general licence or on licence.
Note 1If a form is approved under the Control Act, s 53D for an application, the form must be used.
Note 2A fee may be determined under s 177 for an application.
(2)A class B licence and authorisation certificate application must—
(a)be in writing signed by the applicant; and
(b)include the following:
(i)if the applicant is an individual—the applicant’s full name;
(ii)the name of the applicant’s legal entity;
(iii)if the applicant carries on business under a name other than the name of the applicant’s legal entity—the name under which the applicant carries on business;
(iv)the applicant’s ABN and ACN (if any); and
(c)state that the application is for a class B licence and authorisation certificate; and
(d)state the address, and block and section number, of the premises where the business is operated; and
(e)state the number of gaming machines at the premises; and
(f)state the serial number for each gaming machine at the premises; and
(g)if the applicant is a corporation—
(i)state the name and address of each director of the corporation; and
(ii)state the name of each influential person for the corporation and the person’s relationship with the corporation; and
(h)include anything else prescribed by regulation.
Note 1The commission may refuse to consider an application that is not properly completed. If the commission refuses to consider the application, it lapses (see s 9 (2)).
Note 2If additional information in relation to an application is not given to the commission within the time required by the commission, the commission may refuse to consider the application. If the commission refuses to consider the application, it lapses (see s 9 (4)).

Class B licence and authorisation certificate—decision on application
(1)This section applies if the commission receives a class B licence and authorisation certificate application as a consequence of the sale of a business to the applicant.
(2)In deciding whether to issue a class B licence and authorisation certificate, the commission may consider any matter prescribed by regulation.
(3)The commission must issue a class B licence and authorisation certificate to the applicant if satisfied on reasonable grounds that the applicant is an eligible person.
Note 1For eligibility of individuals, see s 6.
Note 2For eligibility of corporations, see s 7.
(4)The commission must issue an authorisation certificate for each premises of the business for the number of authorisations for class B gaming machines the licensee who sold the business was authorised to have at the time of the sale, if satisfied on reasonable grounds—
(a)the size and layout of the proposed gaming area are suitable for the installation of the number of gaming machines for which the authorisation certificate is sought; and
(b)that the applicant holds the appropriate licence under the Liquor Act 2010 for the premises for which the authorisation is to be issued; and
(c)if an on licence applies to the premises to which the application relates—the premises are used by people mainly for drinking alcohol; and
(d)the gaming rules and control procedures the applicant has adopted for the purpose of controlling the operation of gaming machines are adequate for that purpose.
Class B licence and authorisation certificate—conditions and form
(1)A class B licence is subject to—
(a)a condition mentioned in part 3 (Licences and authorisation certificates—conditions) that applies to a licence; and
(b)any other condition imposed by the commission.
(2)A class B licence must—
(a)be in writing; and
(b)include the following:
(i)if the licensee is an individual—the individual’s full name;
(ii)if the licensee is not an individual—the licensee’s name;
NoteLicensee’s name—see the dictionary.
(iii)if the licensee carries on business under a name other than the licensee’s name—the name under which the licensee carries on business;
(iv)the licensee’s ABN (if any);
(v)if the licensee is a corporation—the corporation’s ACN;
(vi)the date the licence comes into force;
(vii)a unique identifying number (a licence number);
(viii)a statement that the licensee is entitled to operate class B gaming machines;
(ix)the conditions on the licence.
(3)An authorisation certificate for a class B licence must—
(a)state the licensee’s name, address, ABN and ACN (if any); and
(b)if the licensee is not an individual—state the name of the licensee’s legal entity; and
(c)if the licensee carries on business under a name other than the licensee’s name—state the name under which the licensee carries on business; and
(d)state the licensee’s licence number; and
(e)include a unique identifying number (an authorisation certificate number); and
(f)state that class B gaming machines only are allowed under the authorisation certificate; and
(g)include details of the premises where the licensee is authorised to have the gaming machines; and
(h)include details of the part of the premises (the gaming areas) where the licensee is allowed to operate the gaming machines; and
(i)state the number of authorisations for gaming machines under the authorisation certificate; and
(j)include a schedule (an authorisation schedule) that contains—
(i)the serial number of each gaming machine the licensee has under the authorisation certificate; and
(ii)a unique identifying number for each authorisation (an authorisation number) under the authorisation certificate.
NoteA licensee may also store gaming machines the licensee has under an authorisation certificate (see div 6.11).
(4)A regulation may prescribe other requirements in relation to the form of a class B licence or authorisation certificate for a class B licence.

Division 2B.5 Licences and authorisation certificates—amendments

Licence amendment—application
(1)A licensee may apply, in writing, to the commission for an amendment of a licence only to change a minor detail in the licence (a minor licence amendment application).
Example
to change the licensee’s trading name
Note 1If a form is approved under the Control Act, s 53D for an application, the form must be used.
Note 2A fee may be determined under s 177 for an application.
Note 3An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2)The application must—
(a)be in writing signed by the applicant; and
(b)set out the proposed amendment of the licence; and
(c)explain why the applicant is seeking the amendment; and
(d)include anything else required by regulation.
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
(3)A regulation may require a minor licence amendment application to—
(a)include stated information; or
(b)be accompanied by stated documents.
Licence amendment decision—minor amendment
(1)This section applies if a licensee makes a minor licence amendment application.
(2)The commission may—
(a)amend the licence in accordance with the application; or
(b)refuse to amend the licence.
Note 1The commission may refuse to consider an application that is not properly completed. If the commission refuses to consider the application, it lapses (see s 9 (2)).
Note 2If additional information in relation to an application is not given to the commission within the time required by the commission, the commission may refuse to consider the application. If the commission refuses to consider the application, it lapses (see s 9 (4)).
(3)The commission must—
(a)tell the licensee, in writing, of a decision under subsection (2); and
(b)if the commission refuses to amend the licence—give the reasons for the decision.
NoteFor what must be included in a statement of reasons, see the Legislation Act, s 179.
Authorisation certificate amendment—application
(1)A licensee may apply, in writing, to the commission for an amendment of an authorisation certificate (an authorisation certificate amendment application) only to—
(a)do any of the following at the authorised premises (a gaming area amendment):
(i)change the size or shape of a gaming area, or part of a gaming area;
(ii)change the location of a gaming area;
(iii)add another gaming area; or
NoteGaming area—see s 27 (1) (f) and s 30 (3) (h).
(b)enable the licensee to relocate all gaming machine operations allowed under the authorisation certificate to new premises (a premises relocation amendment); or
(c)increase the maximum number of authorisations for class C gaming machines under the authorisation certificate (an increase maximum amendment).
Note 1If a form is approved under the Control Act, s 53D for an application, the form must be used.
Note 2A fee may be determined under s 177 for an application.
Note 3Section 34 sets out what must be included in an authorisation certificate amendment application.
Note 4An authorisation certificate may also be amended under the following sections:
·     s 37A (a one-off increase maximum amendment)
·     s 37B (a technical amendment)
·     s 37C (an amendment of a licence, authorisation certificate or authorisation schedule on the commission’s own initiative).
(2)To remove any doubt, a licensee does not need to apply for a gaming area amendment, or any other authorisation amendment, to move a gaming machine from one part of a gaming area to another part of the gaming area.
Authorisation certificate amendment—contents of application
An authorisation certificate amendment application must—
(a)be in writing signed by the applicant; and
(b)set out the proposed amendment of the authorisation certificate; and
(c)explain why the applicant is seeking the amendment; and
(d)for a gaming area amendment—be accompanied by a plan of the premises, drawn to scale, that clearly shows the proposed changes to the gaming area; and
(e)for a premises relocation amendment in relation to relocating all gaming machine operations to new premises within the same suburb—
(i)state the address, and block and section number, of the new premises; and
(ii)be accompanied by a plan of the new premises, drawn to scale, that clearly shows the location, boundaries and dimensions of the proposed gaming area; and
(f)for a premises relocation amendment in relation to relocating all gaming machine operations to new premises in another suburb—
(i)state the address, and block and section number, of the new premises; and
(ii)be accompanied by—
(A)a social impact assessment; and
(B)a plan of the new premises, drawn to scale, that clearly shows the location, boundaries and dimensions of the proposed gaming area; and
(C)if the applicant is a club—evidence that a majority of the voting members of the club who voted in a ballot conducted under a regulation voted for the club relocating to the new premises.
Authorisation certificate amendment decision—gaming area amendment
(1)This section applies if a licensee applies for a gaming area amendment of an authorisation certificate.
NoteGaming area amendment—see s 33 (1) (a).
(2)The commission may—
(a)amend the authorisation certificate; or
(b)refuse to amend the authorisation certificate.
Note 1The commission may refuse to consider an application that is not properly completed. If the commission refuses to consider the application, it lapses (see s 9 (2)).
Note 2If additional information in relation to an application is not given to the commission within the time required by the commission, the commission may refuse to consider the application. If the commission refuses to consider the application, it lapses (see s 9 (4)).
(3)If the commission refuses to amend the authorisation certificate, the commission must tell the applicant, in writing, the reasons for the decision.
NoteFor what must be included in a statement of reasons, see the Legislation Act, s 179.
(4)The commission must amend the authorisation certificate in accordance with the application if it is satisfied that the gaming area proposed to be changed will be suitable for the operation of the number of gaming machines the licensee may have under the authorisation certificate.
(5)In deciding whether a gaming area will be suitable for the operation of the number of gaming machines the licensee may have under the authorisation certificate, the commission must consider harm minimisation strategies for patrons.
Authorisation certificate amendment decision—premises relocation amendment
(1)This section applies if a licensee applies for a premises relocation amendment of an authorisation certificate.
NotePremises relocation amendment—see s 33 (1) (b).
(2)The commission may—
(a)amend the authorisation certificate; or
(b)refuse to amend the authorisation certificate.
Note 1The commission may refuse to consider an application that is not properly completed. If the commission refuses to consider the application, it lapses (see s 9 (2)).
Note 2If additional information in relation to an application is not given to the commission within the time required by the commission, the commission may refuse to consider the application. If the commission refuses to consider the application, it lapses (see s 9 (4)).
(3)If the commission refuses to amend the authorisation certificate, the commission must tell the applicant, in writing, the reasons for the decision.
NoteFor what must be included in a statement of reasons, see the Legislation Act, s 179.
(4)In deciding whether to amend the authorisation certificate, the commission must consider the following:
(a)the application for the amendment;
(b)if the new premises are in another suburb—
(i)the social impact assessment for the application; and
(ii)each submission made about the social impact assessment within the comment period mentioned in section 13 (2) (Social impact assessment—publication).
(5)If the application is for a premises relocation amendment in relation to premises in another suburb, the commission must amend the authorisation certificate in accordance with the application if satisfied that—
(a)the size and layout of the new premises and the proposed gaming area are suitable for the operation of the number of gaming machines that would be allowed under the authorisation certificate; and
(b)a majority of the voting members of the applicant who voted in a ballot conducted under a regulation voted for the club relocating to the new premises; and
(c)taking into consideration the social impact assessment for the application and any submission made on the assessment within the comment period under section 13 (2), the amendment of the authorisation certificate is appropriate.
(6)However, if the commission is not satisfied under subsection (5) in relation to the maximum number of authorisations for gaming machines stated in the application, but would be satisfied under subsection (5) (a) or (c) in relation to a lower maximum, the commission may amend the authorisation certificate to allow a lower maximum number of authorisations for gaming machines at the new premises.
(7)If the application is for a premises relocation amendment in relation to premises in the same suburb, the commission must amend the authorisation certificate in accordance with the application if satisfied that the size and layout of the new premises and the proposed gaming area are suitable for the operation of the number of gaming machines that would be allowed under the authorisation certificate.
(8)However, if the commission is not satisfied under subsection (7) in relation to the maximum number of authorisations for gaming machines stated in the application, but would be satisfied in relation to a lower maximum, the commission may amend the authorisation certificate to allow a lower maximum number of authorisations for gaming machines at the new premises.
Authorisation certificate amendment decision—increase maximum amendment
(1)This section applies if a licensee applies for an increase maximum amendment of an authorisation certificate.
NoteIncrease maximum amendment—see s 33 (1) (c).
(2)The commission may—
(a)amend the authorisation certificate; or
(b)refuse to amend the authorisation certificate.
Note 1The commission may refuse to consider an application that is not properly completed. If the commission refuses to consider the application, it lapses (see s 9 (2)).
Note 2If additional information in relation to an application is not given to the commission within the time required by the commission, the commission may refuse to consider the application. If the commission refuses to consider the application, it lapses (see s 9 (4)).
(3)If the commission refuses to amend the authorisation certificate, the commission must tell the applicant, in writing, the reasons for the decision.
NoteFor what must be included in a statement of reasons, see the Legislation Act, s 179.
(4)The commission must amend the authorisation in accordance with the application if satisfied that—
(a)the application is accompanied by a social impact assessment that supports an increase in the maximum number of authorisations for gaming machines allowed at the authorised premises; and
(b)the size and layout of the premises mentioned in the authorisation certificate is suitable for the operation of the number of gaming machines that would be allowed under the authorisation certificate.
(5)In deciding the maximum number of authorisations for gaming machines under the amended authorisation certificate, the commission must consider the following:
(a)the number of club members worked out under a regulation;
(b)the ratio of club members to the maximum number of authorisations for gaming machines sought by the licensee;
(c)the extent to which the club has contributed to, or is likely to contribute to, the community and supported and benefited the community.

37AAuthorisation certificate amendment—increase maximum to not more than relevant number
(1)This section applies if, during the trading period, a licensee wants to increase the maximum number of authorisations for class C gaming machines the licensee may have under an authorisation certificate (a one-off increase maximum amendment).
NoteTrading period—see s (4).

(2)The licensee must notify the commission about the proposed one-off increase maximum amendment.
Note 1Making a one-off increase maximum amendment of an authorisation certificate during the trading period is a notifiable action (see pt 13A and sch 2).
Note 2A notifiable action takes place—
(a)the prescribed number of days after the day the commission receives the notification (see s 173E (a)); or
(b)if the commission allows the notifiable action to take place on an earlier day—that day (see s 173E (b)); or
(c)if the commission asks for additional information under s 173E (c)—when the commission has notified the licensee that it is satisfied in relation to the additional information (see s 173E (c)).

(3)The commission must amend the authorisation certificate in accordance with the notification if satisfied that—
(a)the number of authorisations by which the licensee proposes to increase the maximum number the licensee may have under the authorisation certificate is not more than the relevant number; and
NoteRelevant number—see s (4).

(b)the size and layout of the premises mentioned in the authorisation certificate are suitable for the operation of the number of gaming machines the licensee may have under the authorisation certificate, as amended; and
(c)the applicant has not previously notified the commission about a one-off increase maximum amendment during the trading period.
NoteTrading period—see s (4).

(4)In this section:
relevant number, for a one-off increase maximum amendment of an authorisation certificate, means—
(a)if the licensee’s authorisation certificate is for less than 120 authorisations when the application is made—12; or
(b)in any other case—10% of the total number of authorisations allowed under the authorisation certificate, up to a maximum of 20.
trading period means the period commencing on the commencement of the Gaming Machine (Reform) Amendment Act 2015, section 4 and ending on the commencement of that Act, schedule 1 (Other amendments—compulsory surrender).
(5)This section expires on the commencement of the Gaming Machine (Reform) Amendment Act 2015, schedule 1 (Other amendments—compulsory surrender).

37BAuthorisation certificate amendment—technical amendment
(1)This section applies if a licensee wants to make 1 or more of the following changes to a gaming machine operated under an authorisation certificate (a technical amendment):

(a)change the percentage payout of the gaming machine;
(b)change the basic stake denomination of the gaming machine;
(c)change the game installed on the gaming machine;
(d)change any other technical detail mentioned in the authorisation schedule.
(2)The licensee must notify the commission about the proposed technical amendment.
Note 1Making a technical amendment to a gaming machine is a notifiable action (see pt 13A and sch 2).
Note 2A notifiable action takes place—
(a)the prescribed number of days after the day the commission receives the notification (see s 173E (a)); or
(b)if the commission allows the notifiable action to take place on an earlier day—that day (see s 173E (b)); or
(c)if the commission asks for additional information under s 173E (c)—when the commission has notified the licensee that it is satisfied in relation to the additional information (see s 173E (c)).

37CAmendment of licence, authorisation certificate etc—commission’s own initiative
(1)The commission may amend a licence, authorisation certificate or authorisation schedule on its own initiative to correct a mistake, error or omission on the licence or authorisation certificate or authorisation schedule.
(2)If the maximum number of authorisations for gaming machines allowed under an authorisation certificate has changed, the commission may amend the authorisation certificate to record the correct maximum number.
(3)If a licensee notifies the commission about the acquisition or disposal of an authorisation under division 6.10 (Trading of authorisations and gaming machines), the commission must amend the licensee’s authorisation schedule to—
(a)for an acquisition—include the authorisation number of the acquired authorisation; or
(b)for a disposal—remove the authorisation number of the disposed authorisation.

37DRe-issue of amended licence, authorisation certificate etc
(1)If the commission amends a licence under this Act, the commission must issue the licensee with a licence that includes the amendment (a replacement licence).
(2)The replacement licence must state—
(a)that the licence is a replacement licence; and
(b)the date the replacement licence was issued; and
(c)the date the amendment commences.
Example—commencement of amendment
the day a new trading name for the licensee is registered
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3)If the commission amends an authorisation certificate (other than the schedule to the certificate) under this Act, the commission must issue the licensee with an authorisation certificate that includes the amendment (a replacement authorisation certificate).
(4)The replacement authorisation certificate must state—
(a)that the certificate is a replacement authorisation certificate; and
(b)the date the replacement authorisation certificate was issued; and
(c)the date the amendment commences.
(5)If an authorisation schedule to an authorisation certificate is amended under this Act, the commission must issue the licensee with an authorisation schedule that includes the amendment (a replacement authorisation schedule).
(6)The replacement authorisation schedule must state—
(a)that the authorisation schedule is a replacement authorisation schedule; and
(b)the date the replacement authorisation schedule was issued; and
(c)the date the amendment commences.
Example—commencement of amendment
the day the commission receives an installation certificate for a new gaming machine

Division 2B.6 Transfer and surrender of licences and authorisation certificates
37ETransferring an authorisation certificate
(1)If a licensee (the outgoing licensee) transfers an authorisation certificate to another licensee (the incoming licensee), the incoming licensee must tell the commission about the transfer.
Note 1The transfer of an authorisation certificate is a notifiable action (see pt 13A and sch 2).
Note 2A notifiable action takes place—
(a)the prescribed number of days after the day the commission receives the notification (see s 173E (a)); or
(b)if the commission allows the notifiable action to take place on an earlier day—that day (see s 173E (b)); or
(c)if the commission asks for additional information under s 173E (c)—when the commission has notified the licensee that it is satisfied in relation to the additional information (see s 173E (c)).

(2)If an authorisation certificate is transferred under subsection (1), the outgoing licensee must give the commission the following:
(a)the outgoing licensee’s computer cabinet access register;
(b)the accounts kept by the outgoing licensee under section 52 (Accounts relating to gaming machines) that relate to amounts taken during the month when the transfer is made;
(c)any other accounts kept in connection with the licence under section 52 that the commission requires;
(d)any outstanding amount payable by the outgoing licensee under this Act.
NoteAmounts are payable by licensees under provisions including s 143, s 159 and s 172.

37FSurrender of licences, authorisation certificates and authorisations
(1)A licensee may surrender—
(a)the licensee’s licence; or
(b)1 or more authorisation certificates under the licence; or
(c)an authorisation.
NoteIf a licensee surrenders a licence, all authorisation certificates under the licence are cancelled (see s 3 (a)).

(2)A licensee may surrender a licence, authorisation certificate or authorisation by—
(a)notifying the commission that the licensee surrenders the licence, authorisation certificate or authorisation; and
Note 1The surrender of a licence, authorisation certificate or authorisation is a notifiable action (see pt 13A and sch 2).
Note 2A notifiable action takes place—
(a)the prescribed number of days after the day the commission receives the notification (see s 173E (a)); or
(b)if the commission allows the notifiable action to take place on an earlier day—that day (see s 173E (b)); or
(c)if the commission asks for additional information under s 173E (c)—when the commission has notified the licensee that it is satisfied in relation to the additional information (see s 173E (c)).

(b)if the licensee surrendering an authorisation certificate or authorisation is a club—giving the commission evidence—
(i)that a majority of the voting members of the club who voted in a ballot conducted under a regulation voted for the club surrendering the authorisation certificate or authorisation; or
(ii)that a vote under subparagraph (i) would not be practical; and

(c)returning the licence, certificate or authorisation to the commission.
Example—par (b) (ii)
all memberships have expired and the club does not propose to continue operating
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3)If a licensee notifies the commission about the surrender of the licensee’s licence, the commission must—
(a)cancel all authorisation certificates held by the licensee; and
(b)give the licensee a storage permit for an interim purpose for each gaming machine under the cancelled authorisation certificates.
(4)If a licensee surrenders an authorisation certificate or an authorisation under this section, the commission must give the licensee a storage permit for an interim purpose for each gaming machine under the surrendered certificate or authorisation.
(5)If an authorisation certificate or authorisation is surrendered or cancelled under this section, the licensee must—
(a)take meter readings from each gaming machine under the certificate or authorisation; and
(b)render the gaming machine inoperable; and
(c)within the prescribed number of days after the day the certificate or authorisation is surrendered or cancelled, give the commission—
(i)details of the meter readings taken under paragraph (a); and
(ii)any outstanding amount payable by the licensee in relation to the operation of the gaming machine under the surrendered or cancelled authorisation certificate.
NotePrescribed number of days—see s 173D (5).

37GOffence—failure to dispose of gaming machines
A person commits an offence if—
(a)an authorisation held by the person was surrendered or cancelled under section 37F; and
(b)the commission gave the person a storage permit for a gaming machine to which the authorisation related; and
(c)the person fails to dispose of the gaming machine mentioned in the permit—
(i)in the way the commission directs; or
(ii)within the period stated in the storage permit.

Maximum penalty: 50 penalty units.
NoteDiv 6.7 deals with disposal of gaming machines.

Division 2B.7 Licences, authorisation certificates and authorisations—register and replacement copies
37HLicences and authorisation certificates—register
(1)The commission must keep a register of licences, authorisation certificates and authorisations.
(2)The register must include the following details:
(a)the date of the issue, amendment or transfer of a licence or authorisation certificate;
(b)the date of the suspension or cancellation of a licence or authorisation certificate;
(c)for each authorisation certificate included in the register—
(i)the maximum number of authorisations for gaming machines the licensee may have under the authorisation certificate; and
NoteMaximum number of authorisations—see the dictionary.

(ii)the authorisation number for each authorisation; and
(iii)details of any gaming machine under each authorisation;

(d)if a licensee has a gaming machine stored under a permit—
(i)the kind of permit; and
Examples
1storage permit for an interim purpose
2quarantine permit
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(ii)the serial number of the gaming machine; and
(iii)if the licensee holds the authorisation for the gaming machine—the authorisation number for the gaming machine;

(e)anything else prescribed by regulation.
(3)The register may be kept in any form, including electronically, that the commission decides.
(4)The commission may correct a mistake, error or omission in the register.
(5)A licensee may ask the commission, in writing, to correct a mistake, error or omission in the register.
(6)The commission may change a detail included in the register to keep the register up-to-date.
Example
A detail in the register may be changed as a consequence of receiving notification under s 173D about a notifiable action.
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

37ILicences, authorisation certificates and authorisation schedules—replacement copies
(1)This section applies if a licensee’s licence, authorisation certificate or authorisation schedule is lost, stolen or destroyed.
(2)The licensee must give the commission a statutory declaration about the loss, theft or destruction of the licence, authorisation certificate or authorisation schedule as soon as practicable after becoming aware of the loss, theft or destruction.
Note 1The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.
Note 2It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

(3)If the commission receives a statutory declaration under subsection (2), the commission must give the licensee a replacement licence, replacement authorisation certificate or replacement authorisation schedule.
NoteA fee may be determined under s 177 for this provision.

Part 2CIn‑principle authorisation certificates
Division 2C.1 Preliminary

Object—pt 2C
The object of this part is to allow a person to obtain in-principle approval to have a maximum number of authorisations for gaming machines under an authorisation certificate at an address at unleased land before—
(a)the person acquires an interest in the land or premises at the address; or
(b)plans are prepared for the premises proposed to be licensed at the address; or
(c)for a club—the voting members of the club vote in a ballot conducted under the regulation for the club having gaming machines at the address.
NoteMaximum number, of authorisations—see the dictionary.

38ADefinitions for Act
In this Act:
approval‑holder means a person who holds an in‑principle approval for an authorisation certificate under this part.
in-principle authorisation certificate means an in-principle approval for an authorisation certificate.

Division 2C.2 In-principle authorisation certificate—application
38BIn-principle authorisation certificate—application
(1)A person may apply for an in‑principle approval for an authorisation certificate only if—
(a)the person—
(i)holds a class C licence; or
(ii)has applied for a class C licence; and

(b)the land at the address for which the in-principle authorisation certificate is sought is suitable land.
Note 1If a form is approved under the Control Act, s 53D for an application, the form must be used.
Note 2A fee may be determined under s 177 for an application.

(2)In this section:
suitable land means land that is—
(a)unleased land; and
(b)to be leased with a purpose clause permitting use of the land for a club.

38CIn-principle authorisation certificate application—contents
An application for in‑principle approval for an authorisation certificate—
(a)must comply with the requirements for an authorisation certificate application under section 22 (1) (Authorisation certificate for class C gaming machines—contents of application); but
(b)need not comply with section 22 (2) (b) to (d).

Division 2C.3 In-principle authorisation certificate—issue
38DIn-principle authorisation certificate—decision on application
(1)This section applies if the commission receives an application for an in-principle authorisation certificate under section 38B (1) (In‑principle authorisation certificate—application).
(2)The commission may—
(a)issue the in-principle authorisation certificate; or
(b)refuse to issue the in-principle authorisation certificate.
Note 1The commission may refuse to consider an application that is not properly completed. If the commission refuses to consider the application, it lapses (see s 9 (2)).
Note 2If additional information in relation to an application is not given to the commission within the time required by the commission, the commission may refuse to consider the application. If the commission refuses to consider the application, it lapses (see s 9 (4)).

(3)If the commission refuses to issue the in-principle authorisation certificate, the commission must tell the applicant, in writing, the reasons for the decision.
NoteFor what must be included in a statement of reasons, see the Legislation Act, s 179.

(4)The commission must issue the in-principle authorisation certificate if satisfied that, taking into consideration the social impact assessment for the application and any submission made on the assessment within the comment period under section 13 (2) (Social impact assessment—publication), issuing the in-principle authorisation certificate is appropriate.

38EIn‑principle authorisation certificate—form
(1)An in‑principle authorisation certificate must—
(a)be in writing; and
(b)state the following:
(i)the name of the approval‑holder’s legal entity (the approval-holder’s name);
(ii)if the approval‑holder carries on business under a name other than the approval‑holder’s name—the name under which the approval‑holder carries on business;
(iii)the approval‑holder’s ABN;
(iv)the approval‑holder’s—
(A)ACN; or
(B)if the approval‑holder is an incorporated association—association number;
NoteAssociation number—see the dictionary.

(v)the address, and block and section number, to which the in‑principle authorisation certificate applies;
(vi)the maximum number of authorisations allowed under the in-principle authorisation certificate;
(vii)the class of gaming machines;
(viii)the conditions (if any) of the in‑principle authorisation certificate.

(2)A regulation may prescribe other requirements about the form of an in‑principle authorisation certificate.

38FIn‑principle authorisation certificate—conditions
An in‑principle authorisation certificate is subject to any condition—
(a)prescribed by regulation; or
(b)imposed by the commission when the in‑principle authorisation certificate is issued or extended.

38GIn‑principle authorisation certificate—term
An in-principle authorisation certificate—
(a)commences on the day it is issued; and
(b)expires—
(i)3 years after the day it is issued; or
(ii)if the term of the in-principle authorisation certificate is extended under section 38K (In-principle authorisation certificate—extension decision)—on the date to which the in-principle authorisation certificate is extended.

Division 2C.4 In-principle authorisation certificate—transfer
38HIn‑principle authorisation certificate—application to transfer
(1)An approval‑holder may apply to the commission to transfer the in‑principle authorisation certificate to someone else (the proposed new approval‑holder).
NoteAn approval-holder must hold a class C licence or must have applied for a class C licence (see s 38B (1) (a)).

(2)The application must—
(a)be in writing, signed by the approval‑holder and the proposed new approval‑holder; and
(b)state the full name and address of—
(i)the proposed new approval‑holder; and
(ii)each director of the proposed new approval‑holder; and

(c)state the name of each influential person for the applicant and the person’s relationship with the applicant.
(3)A regulation may require an application to—
(a)include stated information; or
(b)be accompanied by stated documents.
Note 1If a form is approved under the Control Act, s 53D for an application, the form must be used.
Note 2A fee may be determined under s 177 for an application.

38IIn‑principle authorisation certificate—transfer decision
(1)This section applies if the commission receives an application to transfer an in‑principle authorisation certificate under section 38H.
Note
An approval-holder who makes an application under s 38H must hold a class C licence or must have applied for a class C licence

(see s 38B (1) (a)).

(2)The commission may—
(a)transfer the in-principle authorisation certificate to the proposed new approval-holder; or

final, for part 4 (Disciplinary action)—see section 56.
game, in relation to a gaming machine, means a play, or a series of plays, initiated by the application of a single stake registered on the gaming machine.
gaming area—
(a)for an authorisation certificate under a class B licence—see section 30 (3) (h); and
(b)for an authorisation certificate under a class C licence—see section 27 (1) (f).
gaming area amendment, for part 2B (Licences and authorisations)—see section 33 (1) (a).
gaming law—see the Control Act, dictionary.
gaming machine—
(a)means a machine—
(i)designed for playing a game of chance, or of mixed chance and skill; and
(ii)designed to be played completely or partly by—
(A)the insertion of 1 or more coins, notes or tokens; or
(B)the application of a monetary credit registered on the machine or elsewhere; and

(iii)that offers, or that appears to offer, people a chance to win monetary or other valuable consideration by playing the machine; but

(b)does not include a device prescribed by regulation.
gaming machine tax means the tax imposed by section 159.
gaming rules
, for an entity, means the rules mentioned in

section 22 (2) (c).
general licence—see the Liquor Act 2010, section 17.
general purpose, for a storage permit, for division 6.11 (Storage of authorisations and gaming machines)—see section 127N (a).
gross revenue, of a licensee or person, means all revenue derived by the licensee or person from the operation of gaming machines, other than—
(a)the amount of winnings for playing the gaming machines paid or payable under the gaming machines’ indicated prize scales (excluding linked jackpots); and
(b)any amount set aside under a linked-jackpot arrangement for the payment of linked jackpots.
ground for disciplinary action against a licensee, for part 4 (Disciplinary action)—see section 57.
incoming licensee, for division 2B.6 (Transfer and surrender of licences and authorisation certificates)—see section 37E (1).
incorporated association means an association incorporated under the Associations Incorporation Act 1991.
increase maximum amendment, for part 2B (Licences and authorisations)—see section 33 (1) (c).
influential person, for a corporation—see section 8.
in‑principle authorisation certificate—see section 38A.
inspection notice, for division 6.11 (Storage of authorisations and gaming machines)—see section 127ZE (1).
interim purpose, for a storage permit, for division 6.11 (Storage of authorisations and gaming machines)—see section 127N (b).
jackpot, in relation to a gaming machine, means the combination of letters, numbers, symbols or representations as part of a game on the gaming machine that pays the maximum winnings payable on the gaming machine for any 1 combination.
licence—
(a)means a licence issued under—
(i)section 29 for class B gaming machines; or
(ii)section 17 for class C gaming machines; and

(b)for part 4 (Disciplinary action)—see section 56; and
(c)in relation to a person approved to operate a linked-jackpot arrangement under section 134—means the approval; and
(d)in relation to a permit-holder under part 8 (Linked-jackpot arrangements)—means a multi-user permit.
NoteLicensee has a meaning corresponding to the meaning of licence (see Legislation Act, s 157).

licence number—
(a)of a class B licence—see section 30 (2) (b) (vii); and
(b)of a class C licence—see section 20 (1) (b) (vi).
licensee’s name, in relation to a class C licensee, means the name of the licensee’s legal entity.
life member, of a club, means a person who is elected to membership of the club for life under the rules of the club.
linked jackpot means winnings under a linked-jackpot arrangement operated under an approval or permit under part 8.
linked-jackpot arrangement means an arrangement under which 2 or more gaming machines are linked to a device that—
(a)from time to time, records the amount payable as winnings under the arrangement; and
(b)for the purpose of recording the amount mentioned in paragraph (a), receives messages from each gaming machine to which it is linked; and
(c)cannot affect the percentage payout of, or transmit a message to, a gaming machine to which it is linked.
local jurisdiction means a State or New Zealand.
maintain a gaming machine includes repair, adjust or alter the gaming machine.
maximum number, of authorisations, means the maximum number of authorisations for gaming machines that a licensee may have under an authorisation certificate.
member, of a club, means—
(a)a member who, under the rules of the club, is required to pay fees; or
(b)a life member.
minor licence amendment application, for part 2B (Licences and authorisations)—see section 31 (1).
multi-user permit—see section 135.
net revenue, of a licensee that is a club, means gross revenue derived by the licensee, less—
(a)any amount of gaming machine tax payable on that revenue; and
(b)24% of the gross revenue.
notifiable action—see section 173C.
officer of a club—
(a)means—
(i)any office-holder of the club (however described), including the secretary, treasurer, executive officer or public officer; or
(ii)anyone else concerned in or who takes part in the management of the club’s affairs; but

(b)does not include a patron or the holder of another honorary office of the club if the office does not give its holder a right to take part in the management of the club’s affairs.
on licence—see the Liquor Act 2010, section 18.
NoteThe Liquor Act 2010, div 2.2 deals with subclasses of on licences.

outgoing licensee, for division 2B.6 (Transfer and surrender of licences and authorisation certificates)—see section 37E (1).
percentage payout, for a gaming machine, means the percentage payout allowed for the gaming machine under the authorisation.
peripheral equipment, for a gaming machine—see section 68.
permit, for division 6.11 (Storage of authorisations and gaming machines)—see section 127M.
permit-holder means the holder of a multi-user permit.
premises relocation amendment, for part 2B (Licences and authorisations)—see section 33 (1) (b).
prescribed number of days, in relation to a notifiable action—see section 173D (5).
problem gambling assistance fund—see section 163B.
properly completed, for an application—see section 9 (1).
proposed gaming area, in relation to an authorisation certificate application for a class C licence—see section 22 (2) (b) (ii).
quarantined authorisation, for division 6.11 (Storage of authorisations and gaming machines)—see section 127M.
quarantined gaming machine, for division 6.11 (Storage of authorisations and gaming machines)—see section 127M.
quarantine period, for a gaming machine and authorisation to which a quarantine permit applies, for division 6.11 (Storage of authorisations and gaming machines)—see section 127M.
quarantine permit, for division 6.11 (Storage of authorisations and gaming machines)—see section 127Q.
registered party—see the Electoral Act 1992, dictionary.
repossession, of a gaming machine, includes taking possession of the gaming machine under a default provision in a financial agreement.
required community contribution, for a licensee that is a club—see section 169 (1).
required documents, for an authorisation certificate application for class C gaming machines—see section 22 (2).
reviewable decision, for part 13 (Notification and review of decisions)—see section 173.
secretary, in relation to a club, includes a person concerned in the management of the club.
short-term approval, for a technician—see section 76 (3).
social impact assessment, for an authorisation certificate application, authorisation certificate amendment application, or application for an in‑principle certificate of approval—see section 12 (1).
statement of objects of a club, means—
(a)for a company—the memorandum of the company; or
(b)for an incorporated association—the statement of objects of the association.
storage period, for a gaming machine or authorisation to which a storage permit applies, for division 6.11 (Storage of authorisations and gaming machines)—see section 127M.
storage permit—see section 127L.
storage rules, for division 6.11 (Storage of authorisations and gaming machines)—see section 127M.
stored authorisation, for division 6.11 (Storage of authorisations and gaming machines)—see section 127M.
stored gaming machine, for division 6.11 (Storage of authorisations and gaming machines)—see section 127M.
tax law—see the Taxation Administration Act 1999, section 4.
technical amendment—see section 37B (1).
technical evaluation means a technical evaluation under section 69.
warning notice, for an associated organisation, for part 9 (Club administration)—see section 147B.

Further amendments, mentions of licensed etc

column 1 item	column 2 provision	column 3 *omit*	column 4 *substitute*
1	section 43	licensed	authorised
2	section 44	the licensed	the licensee’s authorised
3	section 45 (1) (a)	licensed	authorised
4	section 46 (1) and (2)	licensed	authorised
5	section 52 (a)	the licensed	the licensee’s authorised
6	section 71 (1)	licensed	authorised
7	section 105 (1) and (2)	licensed	authorised
8	section 120 (1) (a)	licensed	authorised
9	section 121 (1) (a)	licensed	authorised
10	section 122 (1) (a)	licensed	authorised
11	section 123 (1) (a)	licensed	authorised
12	section 124 (1)	licensed	authorised
13	section 128 (1) (a)	licensed	authorised
14	section 134 (4) (a) (i)	licensed	authorised
15	section 135 (4) (b)	licensed	authorised
16	section 136 (1) (a) (i)	licensed	authorised
17	section 139 (1) (d) and (3) (c)	licensed	authorised
18	part 10 heading	licensed	authorised
19	section 151 (2)	licensed	authorised
20	section 152 (1)	the licensed	the licensee’s authorised
21	section 152 (3), definition of *external sign*	licensed	authorised
22	section 152A (1)	the licensed	the licensee’s authorised
23	section 153 (1)	the licensed	the licensee’s authorised
24	section 153 (2)	licensed	authorised
25	section 153A (1) (a)	the licensed	the licensee’s authorised
26	section 153A (1) (b) and (2)	licensed	authorised
27	section 153A (4), definition of *gaming day*	licensed	authorised
28	section 154 (1) (b) (i)	the licensed	the licensee’s authorised
29	section 154 (1) (b) (ii)	licensed	authorised
30	section 157 (1) (a)	licensed	authorised
31	section 165 (2)	licensed	authorised

Further amendments, mentions of machine etc

column 1 item	column 2 provision	column 3 *before*	column 4 *insert*
1	section 45 (2) (a)	machine	gaming
2	section 67 (2)	machines	gaming
3	section 70 (1) (a) and (b)	machine	gaming
4	section 70 (2)	machine	gaming
5	section 70 (2), except example	machines	gaming
6	section 71 (2) (a)	machine	gaming
7	section 103 (2) (b) to (e)	machine	gaming
8	section 107 (2)	machine	gaming
9	section 108 (3) (a) to (c)	machine	gaming
10	section 109 (2)	machine	gaming
11	section 112 (2)	machine	gaming
12	section 113 (2)	machine	gaming
13	section 134 (3) (a) (iii)	machine	gaming
14	section 134 (4) (a) (i) and (ii)	machine	gaming
15	section 134 (4) (a) (i)	machines	gaming
16	section 135 (3) (c) (ii)	machine	gaming
17	section 135 (3) (e)	machines	gaming
18	section 136 (1) (a) (i)	machine	gaming
19	section 136 (1) (a) (i)	machines	gaming
20	section 136 (1) (a) (ii)	machine	gaming
21	section 136 (2)	machines	gaming
22	section 138 (1)	machines	gaming
23	section 139 (3) (a) (i)	machines	gaming
24	section 139 (3) (a) (ii)	machine	gaming
25	section 139 (3) (b) (ii)	machine	gaming
26	section 139 (3) (d)	machines	gaming
27	section 140 (3) (b)	machines	gaming
28	section 161 (1) (a) and (b)	machine	gaming

Schedule 1Other amendments—compulsory surrender

(see s 4)

[1.1]Part 2A
substitute

Part 2AGaming machine authorisation numbers

Maximum number of authorisations for gaming machines allowed in ACT
The maximum number of authorisations for gaming machines for all authorised premises in the ACT must not exceed 15 authorisations for every 1 000 adults living in the ACT.

10AGaming machine numbers—2-yearly analysis
(1)The Minister must, at least once every 2 years—
(a)undertake an analysis to establish the maximum number of authorisations for gaming machines for all authorised premises in the ACT; and
(b)table a report of the analysis in the Legislative Assembly within 3 months after it is undertaken.
(2)The Minister must undertake the first analysis on the commencement of this section.
(3)Subsection (2) and this subsection expire 1 year after the day this section commences.

10BGaming machine numbers—compulsory surrender if maximum exceeded
(1)This section applies if, on the commencement day, the number of authorisations for gaming machines for all authorised premises in the ACT exceeds the number allowed under section 10 (Maximum number of authorisations for gaming machines allowed in ACT).
(2)A licensee allowed to have 20 or more authorisations for gaming machines on the premises to which an authorisation certificate relates (an affected licensee) must surrender the number of authorisations for gaming machines prescribed by regulation.
(3)If an authorisation for a gaming machine is to be surrendered under subsection (2) and the affected licensee has a gaming machine under the authorisation, the affected licensee must, at the time of surrender—
(a)take meter readings from the gaming machine; and
(b)render the gaming machine inoperable.
(4)An affected licensee must, not later than the required time, give the commission written notice of the following:
(a)each authorisation for a gaming machine to be surrendered under each authorisation certificate held by the licensee, including—
(i)the serial number of the gaming machine under the authorisation; and
(ii)the gaming machine’s authorisation number;

(b)that the licensee needs a storage permit for the gaming machine under an authorisation to be surrendered under subsection (2).
NoteIf a form is approved under the Control Act, s 53D for this provision, the form must be used.

(5)At the end of the required time, the commission must—
(a)amend each authorisation certificate and the authorisation schedule held by the affected licensee to reduce the maximum number of authorisations for gaming machines the licensee may have under the authorisation certificate by the number prescribed by regulation; and
(b)if the affected licensee has not given the commission the information mentioned in subsection (4), give the affected licensee written notice that—
(i)not later than 14 days after the licensee receives the notice, the licensee must tell the commission about the authorisations that are to be surrendered under each authorisation certificate; and
(ii)a failure to comply with the notice may be a ground for disciplinary action or an offence.
NoteA fee may be determined under s 177 for this provision.

(6)The commission must give the affected licensee a storage permit for an interim purpose for each gaming machine under an authorisation to be surrendered under the licensee’s authorisation certificate.
Note 1For provisions about storage permits, see div 6.11.
Note 2A gaming machine stored under a storage permit is to be disposed of before the permit ends—see s 127T (1) (i).

(7)In this section:
commencement day means the day the Gaming Machine (Reform) Amendment Act 2015, schedule 1 (Other amendments—compulsory surrender) commences.
required time means 28 days after the commencement day.
(8)This section expires 1 year after the commencement day.

10CMaximum gaming machine authorisation numbers exceeded—compulsory surrender
(1)This section applies if an analysis under section 10A (Gaming machine numbers—2-yearly analysis) shows that the number of authorisations for gaming machines for all authorised premises in the ACT is more than the maximum number allowed under section 10 (Maximum number of authorisations for gaming machines allowed in ACT).
(2)The Minister must undertake an analysis of the population growth of the ACT for the period prescribed by regulation.
(3)If, 18 months after the analysis under section 10A is undertaken, the number of authorisations for gaming machines for all authorised premises in the ACT continues to be more than the maximum number allowed under section 10, each licensee must surrender the number of authorisations prescribed by regulation.
(4)If a licensee must surrender an authorisation under subsection (3) and the licensee has a gaming machine under the authorisation, the licensee must—
(a)take meter readings from the gaming machine; and
(b)render the gaming machine inoperable.
(5)The licensee must, not later than the required time, give the commission written notice of the following:
(a)each authorisation certificate held by the licensee, including the maximum number of authorisations for gaming machines the licensee may have under the authorisation certificate;
NoteAn authorisation certificate includes an authorisation schedule (see s 27 (1) (h) for class C licences and s 30 (3) (j) for class B licences).

(b)any gaming machine under each authorisation to be surrendered, including—
(i)the serial number of, and authorisation number for, the gaming machine; and
(ii)the meter readings recorded under subsection (4) (a);

(c)that the licensee needs a storage permit for each gaming machine under an authorisation to be surrendered under subsection (3).
NoteIf a form is approved under the Control Act, s 53D for this provision, the form must be used.

(6)At the end of the required time, the commission must—
(a)amend each authorisation schedule held by the licensee to reduce the maximum number of authorisations for gaming machines the licensee may have under the authorisation certificate by the number prescribed by regulation; and
NoteAn authorisation schedule is included in each authorisation certificate issued to a licensee (see s 27 (1) (h) for class C licences and s 30 (3) (j) for class B licences).

(b)if the licensee has not given the commission the information mentioned in subsection (5)—give the licensee written notice that—
(i)not later than 14 days after the day the licensee receives the notice, the licensee must tell the commission about the authorisations, and any gaming machines under the authorisations, that are to be surrendered under each authorisation certificate; and
(ii)a failure to comply with the notice may be a ground for disciplinary action or an offence.
NoteA fee may be determined under s 177 for this provision.

(7)The commission must give the licensee a storage permit for an interim purpose for each gaming machine under an authorisation to be surrendered under the licensee’s authorisation certificate.
Note 1For provisions about storage permits, see div 6.11.
Note 2A gaming machine stored under a storage permit for an interim purpose is to be disposed of before the permit ends (see s 127T (1) (j)).

(8)In this section:
required time means 28 days after the day the Gaming Machine (Reform) Amendment Act 2015, schedule 1 (Other amendments—compulsory surrender) commences.

10DMaximum gaming machine authorisation numbers not exceeded—authorised tender
(1)This section applies if an analysis under section 10A (Gaming machine numbers—2-yearly analysis) shows that the number of authorisations for gaming machines on all authorised premises in the ACT is less than the maximum number allowed under section 10 (Maximum number of authorisations for gaming machines allowed in ACT).
(2)The Minister may declare that—
(a)additional authorisations may be acquired by licensees by tender (an authorisation tender); and
(b)the trading of authorisations under division 6.10 (Trading of authorisations and gaming machines) must cease during the period of the authorisation tender.
(3)A declaration is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.

(4)A regulation may prescribe the following:
(a)the frequency of, and the conditions for holding, authorisation tenders;
(b)the conditions under which an authorisation tender is to be conducted, including how a licensee may apply to participate in the tender;
(c)how a reserve or maximum price for an authorisation is to be determined, including the formula to be applied for calculating the reserve or maximum price for an authorisation;
(d)who is to conduct an authorisation tender;
(e)that a licensee may nominate a maximum amount for which the licensee will sell or buy an authorisation;
(f)whether a licensee will need a social impact assessment for acquiring an authorisation by tender.

10EAcquisition of authorisations by tender
If a licensee acquires an authorisation by an authorisation tender, the licensee must tell the commission about a gaming machine acquired under the authorisation.
NoteThe acquisition of a gaming machine under this section is a notifiable action (see pt 13A and sch 2).

[1.2]Section 127M, definitions
omit the definitions of
permit
quarantined authorisation
quarantined gaming machine
quarantine period
quarantine permit

[1.3]Subdivision 6.11.3
omit

[1.4]Section 127S (1) (b) (ii), examples
substitute
Example
storage permit for an interim purpose

[1.5]Section 127S (1) (b) (viii)
omit
or quarantined

[1.6]Section 127T (1)
omit
or quarantined

[1.7]Section 127U (2), notes 1 and 2
omit

[1.8]Section 127X (1)
omit
or quarantined

[1.9]Section 127ZB
omit
or quarantined

[1.10]Section 127ZD
omit

[1.11]New section 173FA
insert

173FANotifiable actions under s 10E
(1)This section applies to a notifiable action under section 10E (Acquisition of authorisations by tender).
(2)The notification for the notifiable action must also include the following information in relation to a gaming machine acquired under the authorisation:
(a)the gaming machine’s serial number;
(b)the gaming machine’s meter reading at the time of the acquisition;
(c)the gaming machine’s authorisation number.

[1.12]Schedule 2, new item 1A
before item 1, insert

10E

acquisition of a gaming machine as a consequence of an authorisation acquired under an authorisation tender

[1.13]Dictionary
omit the definitions of
permit
quarantined authorisation
quarantined gaming machine
quarantine period
quarantine permit

[1.14]Further amendments, mentions of permit

column 1 item	column 2 provision	column 3 *omit*	column 4 *substitute*
1	subdivision 6.11.4 heading	Permit	Storage permit
2	section 127S heading	Permit	Storage permit
3	section 127S	permit	storage permit
4	subdivision 6.11.5 heading	Permits	Storage permits
5	section 127T heading	Permit	Storage permit
6	section 127T	permit	storage permit
7	section 127U heading	Permit	Storage permit
8	section 127U	permit	storage permit
9	subdivision 6.11.6 heading	Permits	Storage permits
10	section 127X heading	Permit	Storage permit
11	section 127X	permit	storage permit
12	section 127Y heading	Permit	Storage permit
13	section 127Y	permit	storage permit
14	section 127Z heading	Permit	Storage permit
15	section 127Z	permit	storage permit
16	section 127ZA heading	Permit	Storage permit
17	section 127ZA heading	permit	storage permit
18	section 127ZA	permit	storage permit
19	subdivision 6.11.7 heading	Permits	Storage permits
20	subdivision 6.11.7 heading	permits	storage permits
21	section 127ZB heading	permits	storage permits
22	section 127ZB	permit	storage permit
23	section 127ZC heading	permits	storage permits
24	section 127ZC (3) (a) and (b)	Permit	Storage permit
25	subdivision 6.11.8 heading	Permits	Storage permits
26	section 127ZE heading	permits	storage permits
27	section 127ZE (1)	permit	storage permit
28	section 127ZF (1)	permit	storage permit

Endnotes

Presentation speech
Presentation speech made in the Legislative Assembly on 14 May 2015.
Notification
Notified under the Legislation Act on 15 June 2015.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Gaming Machine (Reform) Amendment Bill 2015, which was passed by the Legislative Assembly on 4 June 2015.
Clerk of the Legislative Assembly
© Australian Capital Territory 2015