Gaming Machines Act 2001 (NSW)

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No judgment structure available for this case.

whole Act (except s 15: Am 2007 No 92, Sch 3 [1] (“Board” and “Board’s” omitted wherever occurring, “Authority” and “Authority’s” inserted instead, respectively).

whole Act (except s 15A: Am 2007 No 92, Sch 3 [1] (“Board” and “Board’s” omitted wherever occurring, “Authority” and “Authority’s” inserted instead, respectively).

whole Act (except s 27: Am 2007 No 92, Sch 3 [1] (“Board” and “Board’s” omitted wherever occurring, “Authority” and “Authority’s” inserted instead, respectively).

whole Act (except ss 28 and 29 and sch 1): Am 2007 No 92, Sch 3 [1] (“Board” and “Board’s” omitted wherever occurring, “Authority” and “Authority’s” inserted instead, respectively).

whole Act (except ss 15 and 27 and sch 1): Am 2007 No 92, Sch 3 [2] (“hotelier’s licence” and “hoteliers’ licences” omitted wherever occurring, “hotel licence” and “hotel licences” inserted instead, respectively).

whole Act (except cl 7 (2) of sch 1): Am 2017 No 20, Sch 2.3 [1] (“Director-General” omitted wherever occurring, “Secretary” inserted instead).

An Act to provide for the regulation, control and management of gaming machines in hotels and clubs and for related purposes; to amend the Liquor Act 1982, the Registered Clubs Act 1976, the Casino Control Act 1992 and certain other Acts with respect to gaming machines and other matters; and for other purposes.

long title: Am 2011 No 72, Sch 3 [1].

Part 1Preliminary1Name of Act

This Act is the Gaming Machines Act 2001.

Note—

This Act is part of the gaming and liquor legislation for the purposes of the Gaming and Liquor Administration Act 2007. That Act contains administrative and other relevant provisions that apply in relation to this Act (including investigation and enforcement powers and provisions relating to the probity of officials).

s 1: Am 2007 No 92, Sch 3 [3]; 2011 No 72, Sch 3 [2].

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Objects of Act(1)

The objects of this Act are as follows—

  • (a)

    to minimise harm associated with the misuse and abuse of gambling activities,

  • (b)

    to foster responsible conduct in relation to gambling,

  • (c)

    to facilitate the balanced development, in the public interest, of the gaming industry,

  • (d)

    to ensure the integrity of the gaming industry,

  • (e)

    to provide for an on-going reduction in the number of gaming machines in the State by means of the tradeable gaming machine entitlement scheme.

(2)

The Authority, the Minister, the Secretary, the Commissioner of Police and all other persons having functions under this Act are required to have due regard to the need for gambling harm minimisation and the fostering of responsible conduct in relation to gambling when exercising functions under this Act.

(3)

In particular, due regard is to be had to the need for gambling harm minimisation when considering for the purposes of this Act what is or is not in the public interest.

s 3: Am 2002 No 102, Sch 1 [1] [2]; 2007 No 92, Sch 3 [4]; 2008 No 99, Sch 1 [1]; 2011 No 72, Sch 3 [3] [4].

4Definitions(1)

In this Act—

approved ancillary CMS service means an additional service that may be provided by a CMS licensee using CMS infrastructure or CMS information and that is approved by the Minister under section 136D.

approved gaming machine means a gaming machine declared under section 64 to be an approved gaming machine and includes—

  • (a)

    any subsidiary equipment approved by the Authority for use in connection with the gaming machine, and

  • (b)

    any component of the gaming machine (other than a component prescribed by the regulations as not being part of the gaming machine), and

  • (c)

    any specially approved gaming machine within the meaning of section 141.

authorised CMS means a CMS that is operated under the authority of a CMS licence.

authorised linked gaming system means—

  • (a)

    an authorised inter-hotel linked gaming system within the meaning of Part 10, or

  • (b)

    an authorised inter-club linked gaming system within the meaning of that Part.

Authority means the Independent Liquor and Gaming Authority constituted under the Gaming and Liquor Administration Act 2007.

Board has the meaning given to it under this section immediately before the substitution of this definition by Schedule 3 to the Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007.

centralised cash control equipment means any equipment or system by means of which, in return for a cash payment made to a hotelier or club, the operation of an approved gaming machine kept in the hotel or on the premises of the club may, without the insertion of money, be commenced and, at least to the extent of the cash payment, continued.

centralised monitoring system (or CMS) means a system that—

  • (a)

    monitors the operation and performance of approved gaming machines, and

  • (b)

    facilitates the calculation and collection of tax under the Gaming Machine Tax Act 2001 that is payable in respect of approved gaming machines, and

  • (c)

    is capable of performing other related functions.

close associate means a close associate within the meaning of the Gaming and Liquor Administration Act 2007.

club means a club that holds a club licence.

club licence means a club licence granted under the Liquor Act 2007 and club premises (or premises of a club) means the premises to which any such licence relates.

CMS—see centralised monitoring system.

CMS information means information acquired in the course of the operation of an authorised CMS (including any mandatory ancillary CMS services) and includes data derived from that information, but does not include information acquired in providing an approved ancillary CMS service unless the information is also acquired, or could be acquired, in the course of the operation of the authorised CMS (including any mandatory ancillary CMS services).

CMS infrastructure means any hardware (including computers and cables) or software used for the purposes of providing an authorised CMS.

CMS licence means a licence in force under Part 9, and CMS licensee means the holder of a CMS licence.

Community Development Fund means the fund established under section 204A.

country hotel means a hotel that is not situated in a metropolitan area.

dealer’s licence means a gaming machine dealer’s licence in force under Part 7.

exercise a function includes perform a duty.

financial institution means—

  • (a)

    a banking business within the meaning of the Banking Act 1959 of the Commonwealth or a bank constituted under a law of a State or Territory, or

  • (b)

    a building society within the meaning of the Financial Institutions (NSW) Code or a law of another State, or of a Territory, that corresponds to that Code, or

  • (c)

    a credit union within the meaning of the Financial Institutions (NSW) Code or a law of another State, or of a Territory, that corresponds to that Code.

function includes a power, authority or duty.

gaming machine means a device that is designed—

  • (a)

    for the playing of a game of chance or a game that is partly a game of chance and partly a game requiring skill, and

  • (b)

    for paying out money or tokens or for registering a right to an amount of money or money’s worth to be paid,

and includes any subsidiary equipment.

gaming machine area, in relation to a club, means any part of the premises of the club in which approved gaming machines are located.

gaming machine entitlement (or entitlement) means a gaming machine entitlement that is held in respect of a hotel licence or club licence under Part 3.

gaming machine threshold—see section 32.

gaming-related licence means any of the following types of licences in force under Part 7—

  • (a)

    a dealer’s licence,

  • (b)

    a seller’s licence,

  • (c)

    a technician’s licence,

  • (d)

    (Repealed)

  • (e)

    a testing facility licence.

hotel and hotelier have the same meanings as in the Liquor Act 2007, and hotel licence means a hotel licence (other than a general bar licence) under that Act.

hotelier’s licence has the meaning given to it under this section immediately before the substitution of this definition by Schedule 3 to the Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007.

inspector means an inspector within the meaning of the Gaming and Liquor Administration Act 2007.

keep an approved gaming machine includes acquire or possess the gaming machine.

links licence means an inter-hotel links licence or inter-club links licence in force under Part 10.

liquor has the same meaning as in the Liquor Act 2007.

local statistical area means a geographical area defined for the time being as a Statistical Area Level 2 under the Australian Statistical Geography Standard published by the Australian Bureau of Statistics.

manager in relation to a hotel has the same meaning as in the Liquor Act 2007.

mandatory ancillary CMS service means an additional service that a CMS licensee is directed to provide in accordance with section 136C.

metropolitan area means an area described by the regulations as a metropolitan area.

new club premises means—

  • (a)

    club premises that become licensed for the first time under the Liquor Act 2007 (otherwise than because of the operation of clause 93 of Schedule 2 to the Registered Clubs Act 1976), or

  • (b)

    the premises to which a club licence is removed under the Liquor Act 2007.

new hotel means—

  • (a)

    (Repealed)

  • (b)

    a hotel that becomes licensed for the first time under the Liquor Act 2007 (otherwise than because of the operation of clause 3 of Schedule 1 to that Act), or

  • (c)

    a hotel to which a licence is removed under that Act.

operate an approved gaming machine includes use or play the gaming machine.

permit (when used in or in relation to Part 3) means a permit issued and in force under section 182C of the Liquor Act 1982 before the repeal of that section by this Act.

retail shopping centre means a cluster of premises promoted as, or generally regarded as constituting, a shopping centre, shopping mall or shopping arcade, but does not include anything excluded from this definition by the regulations.

Secretary means the Secretary of the Department of Enterprise, Investment and Trade.

sell includes any of the following—

  • (a)

    barter or exchange,

  • (b)

    offer, agree or attempt to sell,

  • (c)

    expose, send, forward or deliver for sale,

  • (d)

    cause or permit to be sold or offered for sale,

  • (e)

    in relation to an approved gaming machine—supply under financial and other arrangements approved by the Authority.

seller’s licence means a gaming machine seller’s licence in force under Part 7.

subsidiary equipment means—

  • (a)

    centralised cash control equipment, or

  • (b)

    any equipment, device or system (or any component of a system) that affects—

    • (i)

      the playing or result of any game playable on a gaming machine, or

    • (ii)

      the meters of a gaming machine,

and includes any other equipment, device or system prescribed by the regulations for the purposes of this definition.

technician means the holder of a technician’s licence.

technician’s licence means a gaming machine technician’s licence in force under Part 7.

temporary premises, in relation to a hotel or club premises, means any premises approved by the Authority under section 96 of the Liquor Act 2007.

testing facility licence means a gaming machine testing facility licence in force under Part 7.

threshold increase application—see section 34.

venue means a hotel or the premises of a club.

work permit means a work permit issued under section 89.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2)

Notes included in this Act do not form part of this Act.

(3)

A reference in this Act to a gaming machine entitlement held by a hotel or club, or to a gaming machine entitlement of a hotel or club, is a reference to a gaming machine entitlement held in respect of the hotel or club licence.

s 4: Am 2002 No 18, Sch 1 [1] [2]; 2002 No 102, Sch 1 [3]; 2004 No 97, Sch 1 [1]; 2007 No 92, Sch 3 [5]–[10]; 2008 No 99, Sch 1 [2]–[11]; 2011 No 72, Sch 3 [1]–[3] [5]–[13]; 2015 No 70, Sch 1 [1]; 2017 No 20, Sch 2.3 [2]; 2018 No 9, Sch 1 [1] [2]; 2020 No 30, Sch 3.16; 2022 No 59, Sch 3.28.

5, 6

(Repealed)

s 5: Rep 2007 No 92, Sch 3 [11].

s 6: Rep 2007 No 92, Sch 3 [11].

7Lawful keeping and operation of gaming machines

Despite anything in the Community Gaming Act 2018, the Unlawful Gambling Act 1998 or any other Act or law (other than this Act), it is lawful—

  • (a)

    to keep or operate an approved gaming machine in a hotel or on the premises of a club, and

  • (b)

    to pay or present prizes and bonuses won as a direct or indirect consequence of operating the approved gaming machine,

if the approved gaming machine is kept or operated, and the prizes and bonuses are paid or presented, in accordance with this Act.

s 7: Am 2007 No 92, Sch 3 [8]; 2011 No 72, Sch 3 [1]; 2018 No 60, Sch 2.3.

8Gaming machines not used for purposes of gambling(1)

Nothing in this Act prohibits the keeping or operation of a gaming machine if—

  • (a)

    the gaming machine is not used for the purposes of gambling, and

  • (b)

    the gaming machine is used only for such therapeutic purposes as may be approved by the Authority in writing before the machine is so used, and

  • (c)

    any conditions imposed by the Authority when giving the approval are complied with.

(2)

Nothing in this Act prohibits the keeping or operation of a gaming machine if—

  • (a)

    the gaming machine is not used for the purposes of gambling, and

  • (b)

    the gaming machine is used only for research, educational or cultural purposes or for the purpose of promoting the machine (but not for the purpose of promoting other goods or services), and

  • (c)

    the Authority has been notified in writing, at least 7 working days in advance, of the kind of use intended and the Authority has not, within that period, refused to allow the use, and

  • (d)

    any conditions imposed by the Authority within that period are complied with.

(3)

In a particular case or a particular class of cases, the Authority may waive compliance with the requirement for giving notice under subsection (2) and may impose conditions for operation of the waiver.

(4)

Nothing in this Act prohibits the keeping or operation of a gaming machine if—

  • (a)

    the gaming machine is being displayed or promoted at a gaming industry trade show or exhibition, and

  • (b)

    the gaming machine is not used for the purposes of gambling or the distributing of prizes, and

  • (c)

    in the case where the gaming machine has not been approved in the State—a notice is attached to the gaming machine indicating that it is not an approved gaming machine.

s 8: Am 2003 No 58, Sch 1 [1]; 2008 No 99, Sch 1 [12] [13]; 2011 No 72, Sch 3 [3] [14]–[16].

9Subsidiary equipment not included in calculation of gaming machine numbers

In calculating (for the purposes of this Act) the number of approved gaming machines in a hotel or on the premises of a club, any subsidiary equipment—

  • (a)

    kept in the hotel or on the premises of the club, and

  • (b)

    approved by the Authority for use in connection with such gaming machines,

is to be disregarded.

s 9: Subst 2007 No 92, Sch 3 [12]. Am 2011 No 72, Sch 3 [1].

Part 2Limitations on gaming machine numbers10Overall State cap on gaming machine entitlements(1)

The maximum number of gaming machine entitlements is set at 99,000 or such lower number as may be prescribed by the regulations (the overall State cap).

(2)

The Authority is to review the overall State cap at least once every 5 years following the commencement of this section (as substituted by the Gaming Machines Amendment Act 2008).

s 10: Subst 2008 No 99, Sch 1 [14]. Am 2011 No 72, Sch 3 [3].

11Limit on number of gaming machines in hotels

The maximum number of approved gaming machines that the Authority may authorise under Part 5 to be kept in any one hotel is 30.

12, 13

(Repealed)

s 12: Am 2003 No 58, Sch 1 [2] [3]. Rep 2008 No 99, Sch 1 [15].

s 13: Am 2002 No 18, Sch 1 [3]. Rep 2002 No 102, Sch 1 [4].

Part 3Gaming machine entitlements and permits

pt 3, hdg: Am 2011 No 72, Sch 3 [17].

Division 1Preliminary14Restrictions on number of gaming machine entitlements and permits held(1)

The number of gaming machine entitlements held under this Act in respect of hotel and club licences cannot exceed the overall State cap.

(2)

The number of gaming machine entitlements held in respect of a club licence cannot exceed the gaming machine threshold for the club premises.

(3)

The number of gaming machine entitlements and permits held in respect of a hotel licence cannot exceed the gaming machine threshold for the hotel.

Note—

When gaming machine entitlements are leased, the gaming machine threshold for the lessor is reduced by the number of entitlements leased, and the gaming machine entitlements are considered to be held by the lessee during the lease. See Division 2A.

s 14: Am 2007 No 92, Sch 3 [8] [13]. Subst 2008 No 99, Sch 1 [16]; 2011 No 72, Sch 3 [18]; 2018 No 9, Sch 2 [1].

Division 2Tradeable gaming machine entitlement scheme

pt 3, div 2, hdg: Am 2011 No 72, Sch 3 [19].

15–15B

(Repealed)

s 15: Am 2002 No 18, Sch 1 [4]; 2002 No 102, Sch 1 [5]. Rep 2011 No 72, Sch 3 [20].

s 15AA: Ins 2005 No 78, Sch 1 [1]. Rep 2011 No 72, Sch 3 [20].

s 15A: Ins 2002 No 102, Sch 1 [6]. Am 2003 No 58, Sch 1 [4] [5]; 2007 No 22, Sch 2 [1] [2]. Rep 2008 No 99, Sch 1 [17].

s 15B: Ins 2007 No 22, Sch 2 [3]. Rep 2008 No 99, Sch 1 [18].

16Certificate of gaming machine entitlements(1)

The number of gaming machine entitlements held in respect of a hotel licence or club licence from time to time is to be specified in a certificate issued by the Authority to the hotelier or club concerned. The certificate may be incorporated in the relevant hotel or club licence.

(2)

Any such certificate may also specify the gaming machine threshold for the hotel or club premises concerned.

s 16: Am 2002 No 102, Sch 1 [7]; 2008 No 99, Sch 1 [19] [20]. Subst 2011 No 72, Sch 3 [21].

17, 18

(Repealed)

s 17: Am 2002 No 102, Sch 1 [8] [9]; 2003 No 58, Sch 1 [6]; 2007 No 92, Sch 3 [14]. Rep 2008 No 99, Sch 1 [21].

s 18: Am 2008 No 99, Sch 1 [22] [23]. Rep 2011 No 72, Sch 3 [20].

19Transfer of gaming machine entitlements(1)

A gaming machine entitlement held in respect of a hotel licence or club licence is transferable.

Note—

Division 2A also provides for the leasing of gaming machine entitlements.

(2)

The transfer of a gaming machine entitlement does not have any effect unless the transfer—

  • (a)

    is approved by the Authority, and

  • (b)

    complies with the requirements of this Division and any requirements specified in the regulations.

(3)

An application for the Authority’s approval of the transfer of a gaming machine entitlement must—

  • (a)

    be accompanied by the fee (if any) prescribed by the regulations, and

  • (b)

    be accompanied by such particulars or other matter as may be required by the Authority in relation to the proposed transfer, and

  • (c)

    in the case of an application for the transfer of an entitlement held in respect of a hotel licence—demonstrate, to the satisfaction of the Authority, that the proposed transfer is supported by each person who, in the opinion of the Authority, has a financial interest in the hotel licence, and

  • (d)

    be in the form and manner determined by the Authority from time to time.

(4)

(Repealed)

(5)

For the purposes of subsection (3) (c), a person is taken to have a financial interest in a hotel licence if the person is entitled to receive any income derived from the business carried on under the authority of the licence or any other financial benefit or financial advantage from the carrying on of the business (whether the entitlement arises at law or in equity or otherwise).

(6)

However, a person is not, for the purposes of subsection (3) (c), to be considered as having a financial interest in a hotel licence by reason only of being the owner of the hotel.

(7)

(Repealed)

s 19: Am 2002 No 18, Sch 1 [5]; 2008 No 6, Sch 1 [1]–[4]; 2008 No 99, Sch 1 [24] [25]; 2011 No 72, Sch 3 [3] [22]–[24]; 2018 No 9, Sch 2 [2].

20General requirements relating to transfer of gaming machine entitlements(1)

Gaming machine entitlements held in respect of a hotel licence may only be transferred to another hotel licence.

(1A)

(Repealed)

(2)

Gaming machine entitlements held in respect of a club licence may only be transferred to another club licence.

(2A)

If a hotel licence or a club licence is removed under the Liquor Act 2007 to other premises, any gaming machine entitlements held in respect of the premises from which the licence is removed may only be transferred to the premises to which the licence is removed if they are transferred in accordance with this Division.

(3)

Subject to this Act, the following requirements (referred to in this Division as the transfer block and forfeiture requirements) apply to the transfer of gaming machine entitlements—

  • (a)

    a transfer must comprise one or more blocks of 2 or 3 gaming machine entitlements nominated by the transferor (referred to in this Division as a transfer block),

  • (b)

    from each such transfer block, one of the entitlements must be forfeited to the Authority.

(4)

A transfer block may comprise gaming machine entitlements that are held in respect of more than one hotel licence or more than one club licence.

(5)

Section 20A provides exceptions to the transfer block and forfeiture requirements of subsection (3) for country hotels.

(6)

(Repealed)

(7)

If the Authority approves the transfer of gaming machine entitlements, the Authority is to decrease, by the number of entitlements transferred, the gaming machine threshold for the hotel or the premises of the club from which the entitlements are transferred.

(8)

To avoid doubt, the amount by which the gaming machine threshold for the hotel or club premises concerned is to be decreased is to include the number of entitlements that are required to be forfeited under this section because of the transfer.

s 20: Am 2002 No 18, Sch 1 [6]–[8]; 2002 No 102, Sch 1 [10] [11]; 2005 No 78, Sch 1 [2]; 2007 No 92, Sch 3 [10]; 2008 No 99, Sch 1 [20] [26]; 2011 No 72, Sch 3 [1] [3] [23] [25]–[28]; 2018 No 9, Sch 1 [3] [4].

20AExceptions for transfers of country hotel gaming machine entitlements(1)

A gaming machine entitlement held by a country hotel (the transferring hotel) may be transferred as authorised by this section despite the transfer block and forfeiture requirements of section 20 (3), and those requirements do not apply to a transfer authorised by this section.

(2)

The transfer of one gaming machine entitlement in any period of 12 months is authorised by this section if—

  • (a)

    the transfer is to another hotel licence that is held in relation to a country hotel, and

  • (b)

    the gaming machine threshold for the transferring hotel is not more than 8.

(3)

The transfer of up to 6 gaming machine entitlements at the one time is authorised by this section if—

  • (a)

    the gaming machine threshold for the transferring hotel is not more than 6, and

  • (b)

    the transfers of those gaming machine entitlements are all completed at the same time (whether or not pursuant to separate transactions), and

  • (c)

    the transfers of those gaming machine entitlements will result in the number of gaming machine entitlements held by the transferring hotel being reduced to zero.

(4)

The transfer block and forfeiture requirements of section 20 (3) continue to apply in respect of any subsequent transfer of gaming machine entitlements of the transferring hotel in any period of 12 months in which the transferring hotel transfers one gaming machine entitlement as authorised by this section.

(5)

When a transfer of 2 or more gaming machine entitlements at the same time as authorised by this section reduces the number of gaming machine entitlements held by the transferring hotel to zero, the transferring hotel is not permitted to acquire any gaming machine entitlements for 24 months after the transfer.

s 20A: Ins 2018 No 9, Sch 1 [5].

21Other provisions relating to transfer of gaming machine entitlements(1)

In the case of a hotel licence that relates to a country hotel, no more than 2 blocks of gaming machine entitlements held in respect of the licence may be transferred in any period of 12 months to a hotel licence held in relation to a hotel that is situated in a metropolitan area.

(1A)

The forfeiture to the Authority of one gaming machine entitlement per transfer block is not required when gaming machine entitlements held in respect of the premises from which a hotel or club licence is removed under the Liquor Act 2007 are transferred to other premises if—

  • (a)

    those other premises are situated in the same local statistical area as the previous premises, or

  • (b)

    those other premises are situated in the same local government area as the previous premises and the classification of the local statistical area in which those other premises are situated is the same as or ranked lower than the classification of the local statistical area in which the previous premises were situated.

(2)

If, in the case of a club that holds more than one club licence, gaming machine entitlements held in respect of one of those licences are transferred to another one of the club’s licences, the forfeiture to the Authority of one entitlement per transfer block is not required.

Note—

Section 19 (2) of the Liquor Act 2007 provides that each set of premises owned or occupied by a club must be separately licensed under that Act.

(3)

If—

  • (a)

    an amalgamated club (within the meaning of the Registered Clubs Act 1976) de-amalgamates in accordance with Division 1B of Part 2 of that Act, and

  • (b)

    any gaming machine entitlements held in respect of the club licence for the relevant premises (as referred to in that Division) are, in connection with the de-amalgamation, transferred to the club licence held by the de-amalgamated club for those premises,

the forfeiture to the Authority of one entitlement per transfer block is not required.

(4)

If for the time being the number of gaming machine entitlements held in respect of a club licence is 10 or less (the remaining entitlements), the club cannot transfer any of those remaining entitlements unless the transfer has been approved in principle at an extraordinary general meeting of the ordinary members of the club (being an approval supported by a majority of the votes cast at the meeting).

(5)

If a liquidator has been appointed for a club and any gaming machine entitlements held in respect of any club licence held by the club are proposed to be transferred, the forfeiture to the Authority of one entitlement per transfer block is required.

(6)

(Repealed)

s 21: Am 2002 No 18, Sch 1 [9] [10]; 2002 No 102, Sch 1 [12] [13]; 2003 No 58, Sch 1 [7]; 2005 No 78, Sch 1 [3]; 2007 No 92, Sch 3 [15]; 2008 No 99, Sch 1 [27] [28]; 2011 No 72, Sch 3 [1] [3] [23] [29]–[34]; 2018 No 9, Sch 1 [6] [7].

21A, 22

(Repealed)

s 21A: Ins 2002 No 102, Sch 1 [14]. Am 2003 No 58, Sch 1 [8] [9]; 2007 No 22, Sch 2 [4]. Rep 2008 No 99, Sch 1 [29].

s 22: Am 2002 No 18, Sch 1 [11] [12]; 2002 No 102, Sch 1 [15]; 2003 No 58, Sch 1 [10]; 2008 No 99, Sch 1 [30]–[32]. Rep 2011 No 72, Sch 3 [35].

23Transfer of gaming machine entitlements when hotel or club licence surrendered or cancelled(1)

If a hotel licence or club licence is surrendered or cancelled any gaming machine entitlements held in respect of the licence concerned may, in accordance with this Division, be transferred.

(2)

If any such gaming machine entitlements have not been transferred at the end of the period of 12 months immediately following the surrender or cancellation of the hotel or club licence concerned, the remaining entitlements are forfeited to the Authority.

(3)

However, a remaining entitlement may be retained for a further period of up to 12 months if a levy is paid to the Secretary to retain the entitlement for that period. The levy is $500 for each of the remaining entitlements intended to be retained.

(4)

The Authority may, in the case of a club, allow a gaming machine entitlement to be retained for the further period without requiring the payment of the levy under subsection (3) if the Authority is satisfied that the delay in transferring the remaining entitlements is due to circumstances beyond the control of the proposed transferor of the entitlements.

(5)

If the remaining gaming machine entitlements have not been transferred by the end of the further 12-month period under subsection (3) the entitlements are forfeited to the Authority.

(6)

Any levy paid under this section is to be paid into the Community Development Fund.

s 23: Am 2002 No 18, Sch 1 [13]; 2003 No 58, Sch 1 [11]; 2008 No 99, Sch 1 [33]. Subst 2011 No 72, Sch 3 [36]. Am 2017 No 20, Sch 2.3 [3].

Division 2ALeasing of gaming machine entitlements

pt 3, div 2A: Ins 2018 No 9, Sch 2 [3].

24Leasing of gaming machine entitlements permitted(1)

An eligible hotel or eligible club can lease any (or all) of the gaming machine entitlements held by it.

(2)

A gaming machine entitlement held by an eligible hotel can only be leased to another hotel (whether or not an eligible hotel), and a gaming machine entitlement held by an eligible club can only be leased to another club (whether or not an eligible club).

(3)

A club is an eligible club if the gaming machine threshold for the club premises does not exceed 30.

(4)

A hotel is an eligible hotel if the gaming machine threshold for the hotel does not exceed 10.

(5)

The leasing of a gaming machine entitlement is not a transfer of the gaming machine entitlement and a gaming machine entitlement cannot be transferred while it is leased.

Note—

The requirements of Division 2 for the transfer of gaming machine entitlements (including requirements for the forfeiture of entitlements on transfer) do not apply to the leasing of gaming machine entitlements.

(6)

The subleasing of a gaming machine entitlement is not permitted.

s 24: Am 2002 No 18, Sch 1 [14]; 2003 No 58, Sch 1 [12] [13]; 2005 No 78, Sch 1 [4]. Subst 2007 No 92, Sch 3 [16]. Am 2008 No 99, Sch 1 [34]. Rep 2011 No 72, Sch 3 [36]. Ins 2018 No 9, Sch 2 [3].

s 24A: Ins 2003 No 58, Sch 1 [14]. Am 2005 No 78, Sch 1 [5] [6]. Rep 2011 No 72, Sch 3 [37].

25Lease requires approval of Authority(1)

A lease of a gaming machine entitlement does not have any effect unless the lease is approved by the Authority and complies with the requirements of this Division and any requirements of the regulations.

(2)

A lease of a gaming machine entitlement cannot be varied so as to change the term of the lease or the number of gaming machine entitlements leased except with the approval of the Authority.

(3)

The termination of a lease of a gaming machine entitlement otherwise than by expiration of the term of the lease does not have effect until written notice of the termination has been given to the Authority by the lessor and lessee.

(4)

An application for the Authority’s approval of the lease of a gaming machine entitlement must—

  • (a)

    be accompanied by the fee (if any) prescribed by the regulations, and

  • (b)

    be accompanied by such particulars or other matter as may be required by the Authority in relation to the proposed lease, and

  • (c)

    in the case of an application for the lease of an entitlement held by a hotel—demonstrate, to the satisfaction of the Authority, that the proposed lease is supported by each person who, in the opinion of the Authority, has a financial interest in the hotel licence, and

  • (d)

    be in the form and made in the manner determined by the Authority from time to time.

(5)

A person is taken to have a financial interest in a hotel licence for the purposes of this section if the person is entitled to receive any income derived from the business carried on under the authority of the licence or any other financial benefit or financial advantage from the carrying on of the business (whether the entitlement arises at law or in equity or otherwise). However, a person is not to be considered as having a financial interest in a hotel licence by reason only of being the owner of the hotel.

s 25: Subst 2002 No 18, Sch 1 [15]; 2002 No 102, Sch 1 [16]. Am 2007 No 92, Sch 3 [10]; 2008 No 99, Sch 1 [35] [36]. Rep 2011 No 72, Sch 3 [38]. Ins 2018 No 9, Sch 2 [3].

25AStandard form of lease(1)

The Authority may approve a standard form of lease of gaming machine entitlements.

(2)

The Authority may refuse to approve a lease of gaming machine entitlements for which there is an approved standard form if the lease is not in that form.

(3)

The Authority’s approval of a standard form of lease may provide for the following—

  • (a)

    the terms of the lease,

  • (b)

    more than one standard form of lease for use for different classes of venues or in different circumstances,

  • (c)

    the addition of terms to, or the omission or variation of terms in, a standard form of lease in specified circumstances.

(4)

A lease of gaming machine entitlements for which a standard form is approved may include additional terms that are not inconsistent with the terms set out in the standard form.

s 25A: Ins 2002 No 102, Sch 1 [16]. Am 2007 No 92, Sch 3 [17]. Subst 2008 No 99, Sch 1 [37]. Rep 2011 No 72, Sch 3 [38]. Ins 2018 No 9, Sch 2 [3].

25BEffect of lease of gaming machine entitlements(1)

The following provisions apply to a lease of a gaming machine entitlement held by a hotel or club (the lessor venue) to another hotel or club (the lessee venue)—

  • (a)

    the lease operates as a lease by the licensee for the time being of the lessor venue to the licensee for the time being of the lessee venue (with the result that a transfer of the licence of the lessor venue or lessee venue does not affect the operation or continuation of the lease and does not require any assignment of lease),

  • (b)

    during the lease the lessee venue has the benefit of the gaming machine entitlement and the lessor venue does not have the benefit of the gaming machine entitlement,

  • (c)

    during the lease the gaming machine entitlement is considered to be a gaming machine entitlement acquired and held by the lessee venue and counts towards the total number of gaming machine entitlements held by the lessee venue,

  • (d)

    the gaming machine entitlement is not considered to be held by the lessor venue during the lease,

  • (e)

    during the lease the gaming machine threshold for the lessor venue is reduced by the number of entitlements leased.

Note—

Section 32A (Caps on gaming machine entitlements in particular areas) provides that for the purposes of a cap under that section the gaming machine threshold for a venue is not to be reduced by a lease of gaming machine entitlements.

Gaming machine tax (which is imposed on profits from a gaming machine) is payable by the hotel or club where the gaming machine is kept. When a gaming machine entitlement is leased, it is the lessee venue that is liable for that tax because the gaming machine is kept by the lessee venue.

(2)

At the end of the lease, the gaming machine threshold for the lessee venue is reduced by the number of entitlements leased unless a threshold increase application that was made together with an application for approval of the lease was accompanied by an LIA, or was not required to be accompanied by an LIA because of section 35 (2) (a).

(3)

While any gaming machine entitlement of a hotel or club is leased, the hotel or club licence cannot be removed under the Liquor Act 2007 to other premises unless—

  • (a)

    those other premises are situated in the same local statistical area as the previous premises, or

  • (b)

    those other premises are situated in the same local government area as the previous premises and the classification of the local statistical area in which those other premises are situated is the same as or ranked lower than the classification of the local statistical area in which the previous premises were situated.

(4)

The Authority is not to decrease the gaming machine threshold for a venue because the venue has not acquired its approved increase in gaming machine entitlements before the end of the limited period for doing so (as required by section 37) to the extent that the gaming machine threshold has already been reduced under this section at the end of a lease of gaming machine entitlements.

s 25B: Ins 2018 No 9, Sch 2 [3].

25CLevy payable for lease of gaming machine entitlement(1)

A levy is to be paid in respect of a lease of a gaming machine entitlement approved by the Authority.

(2)

The amount of the levy is the amount fixed by or determined in accordance with the regulations.

(3)

The levy is payable by the lessee to the Secretary under the Casino Control Act 1992 for payment into the Responsible Gambling Fund as gaming machine lease levy under this Act.

Note—

Section 115B of the Casino Control Act 1992 provides that a payment under this section into the Responsible Gambling Fund is to be applied for such purposes as the Minister determines for the benefit of local communities in which gaming machine thresholds for venues have increased.

(4)

The levy is payable at the time of the application for the Authority’s approval of the lease (for which purpose the proposed lessee is considered to be the lessee) or in accordance with such other arrangements as the Authority may approve.

(5)

A levy paid under this section in respect of a lease is not refundable on account of early termination of the lease.

s 25C: Ins 2018 No 9, Sch 2 [3].

Division 3Transfer of permits

pt 3, div 3: Subst 2011 No 72, Sch 3 [39].

26Transfer of permits generally(1)

A permit that is held in respect of a hotel licence may be transferred to another hotel licence but only in accordance with such arrangements as are approved by the Secretary.

(2)

Any such arrangements may, without limitation, provide for the charging of fees in connection with an application for the approval of the transfer of permits.

s 26: Am 2002 No 18, Sch 1 [16]; 2008 No 99, Sch 1 [38]. Subst 2011 No 72, Sch 3 [39].

27Hotel’s gaming machine threshold to be decreased when permits transferred to another hotel

If any permits held in respect of a hotel licence are transferred to another hotel licence in accordance with the arrangements referred to in section 26, the Authority is to decrease, by the number of permits transferred, the gaming machine threshold for the hotel from which the permits are transferred.

s 27: Am 2002 No 18, Sch 1 [17]–[19]. Subst 2011 No 72, Sch 3 [39].

28Transfer of permits when hotel licence surrendered or cancelled(1)

If a hotel licence is surrendered or cancelled, any permits held in respect of the licence may, in accordance with such arrangements as are approved by the Secretary, be transferred to another hotel licence.

(2)

If, at the end of the period of 12 months immediately following the surrender or cancellation of the hotel licence, any such permits have not been transferred, the remaining permits are forfeited to the Authority.

(3)

However, any such remaining permit may be retained for a further period of up to 12 months if a levy is paid to the Secretary to retain the permit for that period. The levy is $500 for each of the remaining permits intended to be retained.

(4)

If the remaining permits have not been transferred by the end of the further 12-month period under subsection (3), the permits are forfeited to the Authority.

(5)

Any levy paid under this section is to be paid into the Community Development Fund.

s 28: Am 2007 No 92, Sch 3 [17] [18]. Subst 2011 No 72, Sch 3 [39]. Am 2017 No 20, Sch 2.3 [3].

29–31

(Repealed)

s 29: Am 2002 No 18, Sch 1 [20]; 2002 No 102, Sch 1 [17]; 2007 No 92, Sch 3 [19]. Rep 2011 No 72, Sch 3 [39].

s 30: Am 2003 No 58, Sch 1 [15]; 2007 No 92, Sch 3 [10]; 2008 No 99, Sch 1 [39] [40]. Rep 2011 No 72, Sch 3 [39].

s 31: Am 2002 No 102, Sch 1 [18]; 2008 No 99, Sch 1 [41]. Rep 2011 No 72, Sch 3 [39].

Division 4Miscellaneous provisions

pt 3, div 4: Ins 2002 No 102, Sch 1 [19].

31A, 31B

(Repealed)

s 31A: Ins 2002 No 102, Sch 1 [19]. Am 2007 No 92, Sch 3 [10] [17] [20] [21]; 2008 No 99, Sch 1 [42]. Rep 2011 No 72, Sch 3 [40].

s 31B: Ins 2002 No 102, Sch 1 [19]. Am 2003 No 58, Sch 1 [16] [17]; 2008 No 99, Sch 1 [43]. Rep 2011 No 72, Sch 3 [41].

31CConsequences of moving to temporary premises(1)

If the business under a hotel licence or a club licence is carried on at temporary premises, any gaming machine entitlements held in respect of the licence concerned may, in accordance with Division 2 of this Part, be transferred to the temporary premises without the forfeiture of any of the entitlements to the Authority.

(2)

The transferred gaming machine entitlements may be subsequently transferred from the temporary premises back to the premises from which they were transferred without the forfeiture of any of the entitlements to the Authority.

(3)

(Repealed)

s 31C: Ins 2002 No 102, Sch 1 [19]. Am 2011 No 72, Sch 3 [3] [42] [43].

Part 4Gambling harm minimisation measuresDivision 1Gaming machine threshold scheme

pt 4, div 1: Subst 2008 No 99, Sch 1 [44].

32Gaming machine thresholds for venues(1)

The Authority may, for each hotel and each set of club premises, set the maximum number of approved gaming machines that may be authorised under Part 5 to be kept in the hotel or on those premises.

(2)

Any such maximum number is the gaming machine threshold for the hotel or club premises concerned.

(3)

The gaming machine threshold for a hotel is subject to section 11.

(4)

In the case of a new hotel or new club premises, the gaming machine threshold for the hotel or club premises may be set at zero.

(5)

The gaming machine threshold for a hotel or the premises of a club may be increased or otherwise varied by the Authority in accordance with this Act.

(6)

For the purposes of this Division and any regulations made under this Division, a hotel or club premises cease to be a new hotel or new club premises (as the case requires) once the gaming machine threshold for the hotel or club premises is increased or a gaming machine entitlement held by the hotel or club has been leased (whether or not the lease is still in force).

Note—

If the licence for the venue is subsequently removed under the Liquor Act 2007 to another venue, the other venue would be considered a new hotel or new club premises (as the case requires).

s 32: Am 2002 No 102, Sch 1 [20]; 2003 No 58, Sch 1 [18]; 2007 No 92, Sch 3 [17] [22]. Subst 2008 No 99, Sch 1 [44]. Am 2011 No 72, Sch 3 [1] [3] [44]–[46]; 2015 No 15, Sch 1.12; 2018 No 9, Sch 2 [4].

32ACaps on gaming machine entitlements in particular areas(1)

In this section—

Fairfield LGA means the Fairfield local government area.

restricted increase area means any local statistical area of the State that is classified as a Band 3 LSA (not being an area within Fairfield LGA) and that the Authority determines from time to time to be a restricted increase area for the purposes of this section.

(2)

The Authority may determine from time to time the maximum number of gaming machine entitlements to be permitted in Fairfield LGA or a restricted increase area and that number is the area cap for the area concerned.

(3)

The following restrictions apply to a threshold increase application for a venue in an area for which there is an area cap if granting the application would result in the total of the gaming machine thresholds for all the venues in the area exceeding the area cap—

  • (a)

    if the venue is in Fairfield LGA the application must not be granted,

  • (b)

    if the venue is in a restricted increase area the application can only be granted if the threshold increase application is not required to be accompanied by an LIA (as provided by section 35).

(4)

For the purposes of a determination under this section of the total of the gaming machine thresholds for venues in an area, the gaming machine threshold for a venue is not to be reduced by a lease of gaming machine entitlements by the venue (with the result that for the purposes of this section the venue’s gaming machine threshold is to be determined as if no gaming machine entitlements had been leased by the venue).

Note—

Section 25B (Effect of lease of gaming machine entitlements) would otherwise result in the gaming machine threshold for the lessor venue being reduced by the number of entitlements leased.

(5)

The following arrangements apply to determinations under this section—

  • (a)

    the Authority may vary or revoke a determination at any time,

  • (b)

    a determination and any variation or revocation of a determination must be notified by the Authority on a publicly available website.

s 32A: Ins 2018 No 9, Sch 1 [8].

33Classification of local statistical areas(1)

For the purposes of this Act, each local statistical area of the State is to be classified by the Authority as—

  • (a)

    a Band 1 LSA, or

  • (b)

    a Band 2 LSA, or

  • (c)

    a Band 3 LSA.

(2)

For the purposes of this Act there is a hierarchy of classification of local statistical areas under this section as follows—

  • (a)

    Band 1 LSA is ranked lower than both Band 2 LSA and Band 3 LSA,

  • (b)

    Band 2 LSA is ranked lower than Band 3 LSA.

Note—

The ranking of bands is relevant for section 35 (2).

(3)

The Authority is to specify the classification of local statistical areas on a publicly available website.

(4)

The classification of any local statistical area under this section may be varied from time to time by the Authority.

s 33: Am 2002 No 18, Sch 1 [21] [22]; 2007 No 92, Sch 3 [10] [23]. Subst 2008 No 99, Sch 1 [44]; 2018 No 9, Sch 1 [9].

34Application to increase gaming machine threshold(1)

A hotelier or club may apply to the Authority to increase the gaming machine threshold for the hotel or the premises of the club (a threshold increase application).

(2)

The hotel or club premises to which a threshold increase application relates is referred to in this Division as the relevant venue.

(3)

A threshold increase application must comply with the requirements of this Division and the regulations.

(4)

The Authority may approve a threshold increase application only if the Authority is satisfied that the requirements of this Division and the regulations have been complied with in relation to the application.

(4A)

The Authority must determine a threshold increase application within the time required by the regulations.

(5)

If the application is approved, the Authority may increase the gaming machine threshold for the relevant venue in accordance with the Authority’s approval.

(6)

Nothing in this Division requires the Authority, if it approves a threshold increase application, to increase the relevant venue’s gaming machine threshold by the number to which the application relates.

(7)

Without limiting subsection (1), a threshold increase application may be made by a person in relation to premises that are the subject of an application for a licence under the Liquor Act 2007 that has not yet been granted.

s 34: Am 2003 No 58, Sch 1 [19] [20]. Subst 2008 No 99, Sch 1 [44]. Am 2011 No 72, Sch 3 [1]; 2018 No 9, Sch 1 [10].

35Requirements relating to threshold increase applications(1)

Except as provided by this section, a threshold increase application must be accompanied by a local impact assessment (LIA). An LIA, if required, is to be a class 1 LIA or a class 2 LIA as determined by this section.

(2)

A threshold increase application is not required to be accompanied by an LIA if the application is made together with a transfer or lease application and any one or more of the following apply—

  • (a)

    the relevant venue is situated in a Band 1 LSA and the threshold increase application, if approved, would not result in the gaming machine threshold for the venue being increased, over any period of 12 months, by a number that is more than the number corresponding to a low-range increase for the venue,

  • (b)

    the relevant venue and the hotel or club from which the gaming machine entitlements or permits are proposed to be transferred or leased by the transfer or lease application (the transferring/lessor venue) are situated in the same local statistical area,

  • (c)

    the relevant venue and the transferring/lessor venue are situated in the same local government area and the classification of the local statistical area in which the transferring/lessor venue is situated is the same as or ranked higher than the classification of the local statistical area in which the relevant venue is situated,

  • (d)

    the relevant venue and the transferring/lessor venue are situated in adjoining local statistical areas (whether or not in the same local government area) and the classification of the local statistical area in which the transferring/lessor venue is situated is the same as or ranked higher than the classification of the local statistical area in which the relevant venue is situated.

(2A)

For the purposes of subsection (2), a transfer or lease application means either or both of the following—

  • (a)

    an application under section 19 or 25 for the Authority’s approval of the transfer or lease of gaming machine entitlements to the relevant venue,

  • (b)

    an application under and in accordance with the arrangements referred to in section 26 for the acquisition by the relevant venue of permits.

(2B)

If a threshold increase application that is not required to be accompanied by an LIA is approved, the applicant must within 1 month after the approval provide a local impact statement for the venue (containing such information about the venue and the impact of the approved increase as the Authority may determine) to such persons and bodies as the applicant would have been required to notify of the proposed application had it been required to be accompanied by a class 2 LIA.

(3)

A threshold increase application must, unless subsection (2) applies in relation to the application, be accompanied by a class 1 LIA if the relevant venue—

  • (a)

    is situated in a Band 1 LSA and the application is for a mid-range increase in the gaming machine threshold for the venue, or

  • (b)

    is situated in a Band 2 LSA and the application is for a low-range increase in the gaming machine threshold for the venue.

(4)

A threshold increase application must, unless subsection (2) applies in relation to the application, be accompanied by a class 2 LIA if the relevant venue—

  • (a)

    is situated in a Band 1 LSA and the application is for a high-range increase in the gaming machine threshold for the venue, or

  • (b)

    is situated in a Band 2 LSA and the application is for a mid-range or high-range increase in the gaming machine threshold for the venue, or

  • (c)

    is situated in a Band 3 LSA.

(5)

For the purposes of this section, a low-range increase, a mid-range increase or a high-range increase in a gaming machine threshold for a venue is to be determined in accordance with the regulations.

(6)

The regulations may make provision for or with respect to the following—

  • (a)

    the information to be provided by an LIA,

  • (b)

    the requirements that must be complied with in relation to an LIA, which may include a requirement to verify any information by statutory declaration,

  • (c)

    the matters to be assessed or addressed by an LIA,

  • (d)

    the advertising of LIAs,

  • (e)

    the making of submissions in relation to LIAs.

(7)

The regulations may also create exceptions to this section and provide for the conditions to which any such exception is subject.

(8)

Except to the extent to which the regulations make provision, an LIA is to be provided in the form and manner approved by the Authority.

s 35: Am 2003 No 58, Sch 1 [21]. Subst 2008 No 99, Sch 1 [44]. Am 2011 No 72, Sch 3 [47]; 2018 No 9, Sch 1 [11]–[18].

36Approval of LIA by Authority(1)

If an LIA is required to be provided with a threshold increase application, the application cannot be approved unless the Authority approves the LIA.

(2)

The applicant is liable to meet any costs incurred by the Authority in connection with its determination of the LIA. The Authority may refuse to determine the LIA until any such costs are paid to the Secretary or provision, satisfactory to the Authority, has been made for their payment.

(3)

The Authority may approve an LIA only if it is satisfied that—

  • (a)

    the LIA complies with the requirements of this Division and the regulations in relation to the LIA, and

  • (b)

    the LIA has demonstrated that gambling activities in the relevant venue will be conducted in a responsible manner, and

  • (c)

    in the case of a class 1 LIA—

    • (i)

      the proposed increase in the gaming machine threshold for the relevant venue will provide a positive contribution towards the local community where the venue is situated, and

    • (ii)

      the relevant venue is not, if the venue is a new hotel or comprises new club premises, situated in the immediate vicinity of a school, hospital or place of public worship, and

    • (iii)

      the LIA has adequately addressed any community concerns arising out of the consultation process under the regulations, and

  • (d)

    in the case of a class 2 LIA—

    • (i)

      the proposed increase in the gaming machine threshold for the relevant venue will have an overall positive impact on the local community where the venue is situated, and

    • (ii)

      the relevant venue is not, if the venue is a new hotel or comprises new club premises, situated in the immediate vicinity of a school, hospital or place of public worship, and

    • (iii)

      the LIA has adequately addressed any community concerns arising out of the consultation process under the regulations, and

  • (e)

    it is otherwise appropriate that the LIA be approved.

(4)

The regulations may specify other grounds on which the Authority may refuse to approve an LIA.

(5)

If any submissions are made in relation to an LIA in accordance with the regulations, the Authority must take those submissions into consideration in deciding whether to approve the LIA.

(6)

The Authority may, in any case it considers appropriate, partly approve an LIA, in which case the Authority may increase the relevant venue’s gaming machine threshold by a number that is less than the number to which the threshold increase application relates.

(7)

Without limiting any other provision of this Division, the approval of an LIA is subject to such conditions as may be specified by the Authority. The LIA has no effect if any such conditions are not complied with.

s 36: Am 2002 No 102, Sch 1 [21]–[23]. Subst 2008 No 99, Sch 1 [44]. Am 2011 No 72, Sch 3 [48] [49]; 2017 No 20, Sch 2.3 [4]; 2018 No 9, Sch 1 [19] [20].

36ACommunity benefit requirement—payment of money to Responsible Gambling Fund(1)

A community benefit requirement cannot be wholly or partly satisfied by a payment of money except a payment to the Secretary under the Casino Control Act 1992 for payment into the Responsible Gambling Fund as a community benefit payment under this Act.

Note—

Section 115B of the Casino Control Act 1992 provides that a payment under this Act into the Responsible Gambling Fund is to be applied for such purposes as the Minister determines for the benefit of local communities in which gaming machine thresholds for venues have increased.

(2)

A community benefit payment by a venue is to be taken into account by the Authority in the determination of a threshold increase application as if it were a contribution to the local community where the venue is situated.

(3)

In this section, community benefit requirement means a requirement under section 36 that a proposed increase in the gaming machine threshold for a venue will—

  • (a)

    provide a positive contribution towards the local community where the venue is situated, or

  • (b)

    have an overall positive impact on the local community where the venue is situated.

s 36A: Ins 2018 No 9, Sch 1 [21].

36BCommunity benefit requirement—consideration of additional positive contributions(1)

In determining a threshold increase application, the Authority is to have regard to additional positive contributions by the venue in connection with the proposed increase and may decide to treat those additional positive contributions as being in partial satisfaction of a community benefit requirement (so as to reduce what is required to satisfy a community benefit requirement).

(2)

In this section—

additional positive contributions means any of the following actions by a venue—

  • (a)

    the putting in place of harm minimisation and responsible gambling measures that are in addition to measures already required by law,

  • (b)

    the application of funds by a club to community development and support that constitutes Category 1 harm minimisation expenditure in excess of the amount that entitles the club to the maximum reduction in gaming machine tax under section 17 of the Gaming Machine Tax Act 2001,

  • (c)

    the payment of money by a club into the ClubGRANTS Fund (established under section 17A of the Gaming Machine Tax Act 2001),

  • (d)

    such other actions as the regulations prescribe as additional positive contributions for the purposes of this section.

Category 1 harm minimisation expenditure means expenditure for projects or services that constitute Category 1 projects and services under the ClubGRANTS guidelines (referred to in section 16 of the Gaming Machine Tax Act 2001) and that in the opinion of the Authority are concerned with harm minimisation.

community benefit requirement has the same meaning as in section 36A.

s 36B: Ins 2018 No 9, Sch 1 [21].

36CGuidelines for threshold increase applications(1)

The Authority may publish guidelines about the operation of this Division for the purpose of providing guidance in respect of the requirements of this Division relating to threshold increase applications.

(2)

Without limitation, the guidelines may provide guidance about the following—

  • (a)

    what the Authority considers to be a positive contribution towards a local community or an overall positive impact on a local community,

  • (b)

    conditions that the Authority may impose on its approval of an LIA.

(3)

The guidelines do not limit the Authority’s discretion when deciding in a particular case what constitutes a positive contribution towards a local community or an overall positive impact on a local community, or in deciding to impose conditions on an approval.

s 36C: Ins 2018 No 9, Sch 1 [22].

37Limited period for acquiring gaming machine entitlements(1)

If a threshold increase application is approved, the relevant venue is permitted to acquire gaming machine entitlements for the number of gaming machines by which the venue’s gaming machine threshold is increased (its approved increase in gaming machine entitlements) but can only do so during the limited period provided for by this section.

(2)

The limited period during which a venue can acquire its approved increase in gaming machine entitlements is—

  • (a)

    for a threshold increase application required to be accompanied by a class 1 LIA—2 years from the date of approval of the application, or

  • (b)

    for a threshold increase application required to be accompanied by a class 2 LIA—5 years from the date of approval of the application, or

  • (c)

    for any other threshold increase application—12 months from the date of approval of the application.

(3)

The Authority may in a particular case extend or further extend the limited period during which a venue can acquire its approved increase in gaming machine entitlements.

(4)

If a relevant venue has not acquired its approved increase in gaming machine entitlements before the end of the limited period for doing so, the Authority is to decrease the gaming machine threshold for the venue by the number of gaming machine entitlements by which the number acquired fell short of the approved increase.

(5)

If a gaming machine entitlement is acquired by lease, the limited period in which the entitlement can be acquired under this section stops running during the term of the lease.

(6)

A reference in this section to a gaming machine entitlement includes, if the relevant venue is a hotel, a reference to a permit.

s 37: Am 2002 No 18, Sch 1 [23] [24]; 2002 No 102, Sch 1 [24] [25]; 2007 No 92, Sch 3 [7] [13]. Subst 2008 No 99, Sch 1 [44]. Am 2011 No 72, Sch 3 [3] [50]. Subst 2018 No 9, Sch 1 [23].

37ASpecial provision for clubs establishing in new development areas(1)

In this section—

new development area means an area of land in a Band 1 LSA or Band 2 LSA that—

  • (a)

    is identified by an environmental planning instrument as an urban release area (or such other description as the Authority considers to be similar), and

  • (b)

    does not, in the opinion of the Authority, have the full benefit of the services and facilities of the kind provided by clubs.

(2)

A class 1 LIA may be provided with a threshold increase application in relation to the premises of a club that are situated in a new development area if—

  • (a)

    the number to which the application relates is not more than 150, and

  • (b)

    the Authority is satisfied that the acquisition of a corresponding number of gaming machine entitlements in respect of those premises would not increase the density of gaming machines in the local statistical area in which the premises are situated to the extent that the classification of the area is affected.

(3)

The following provisions apply if any such class 1 LIA is approved—

  • (a)

    only one gaming machine entitlement for every 2 transfer blocks is required to be forfeited to the Authority under Division 2 of Part 3 in respect of the first 50 gaming machine entitlements that are transferred to the premises after the approval of the LIA,

  • (b)

    the club has up to 5 years from the date of the approval in which to acquire gaming machine entitlements for the number of gaming machines to which the threshold increase relates (the club’s special class 1 quota),

  • (c)

    if, at the end of that 5-year period the club has not acquired gaming machine entitlements for its special class 1 quota, the Authority is to decrease the gaming machine threshold for the premises in accordance with the portion of the special class 1 quota that is not used during that period.

(4)

This section has effect despite any other provision of this Division.

s 37A: Ins 2002 No 102, Sch 1 [26]. Am 2007 No 92, Sch 3 [24]. Subst 2008 No 99, Sch 1 [44]. Am 2011 No 72, Sch 3 [1] [3]; 2018 No 9, Sch 1 [24] [25].

37BRestriction on gaming machine thresholds for venues in retail shopping centres(1)

The gaming machine threshold for a hotel or premises of a club cannot be increased if the hotel or premises are part of a retail shopping centre or proposed retail shopping centre.

(2)

If a hotel licence or club licence is granted under the Liquor Act 2007 for premises that are part of a retail shopping centre or proposed retail shopping centre, the gaming machine threshold for the premises is to be set at zero.

(3)

If an application is granted under the Liquor Act 2007 that results in the removal of a hotel licence, or the extension of a hotel, to premises that are part of a retail shopping centre or proposed retail shopping centre, the gaming machine threshold for the premises is to be set at zero.

(4)

If an application is granted under the Liquor Act 2007 that results in the removal of a club licence, or the extension of the premises of a club, to premises that are part of a retail shopping centre or proposed retail shopping centre, the gaming machine threshold for the premises is to be set at zero.

(5)

However, subsection (4) does not apply if—

  • (a)

    the retail shopping centre comprises or will comprise less than such number of shops as may be prescribed by the regulations, and

  • (b)

    patrons will not be able to gain access to the club’s premises directly from the retail shopping centre, and

  • (c)

    in the case where the club licence is being removed to other premises—the other premises are situated in the same suburb or town as the previous premises, and

  • (d)

    in the case where the club’s premises are being extended—the club’s premises remain predominantly where they were before the extension, and

  • (e)

    the gaming machine threshold for the club’s premises is no more than the gaming machine threshold for the club’s premises immediately before the club licence was removed or the premises were extended, and

  • (f)

    such other requirements as may be prescribed by the regulations have been complied with.

(6)

For the purposes of this section, a hotel or the premises of a club are taken to be part of a retail shopping centre if the hotel or club premises are located within the retail shopping centre or physically adjoin any part of the retail shopping centre.

(7)

This section has effect despite any other provision of this Division.

s 37B: Ins 2008 No 6, Sch 1 [5]. Subst 2008 No 99, Sch 1 [44]. Am 2011 No 72, Sch 3 [1].

37CSpecial provision relating to de-amalgamated clubs(1)

A threshold increase application by a de-amalgamated club in respect of the premises that are transferred to it under the de-amalgamation (the relevant premises) is not required to be accompanied by an LIA if—

  • (a)

    the relevant premises are situated in the same local statistical area as the premises of the amalgamated club from which gaming machine entitlements are proposed to be transferred to the relevant premises, or

  • (a1)

    the premises of the amalgamated club and the relevant premises are situated in the same local government area and the classification of the local statistical area in which the premises of the amalgamated club are situated is the same as or ranked higher than the classification of the local statistical area in which the relevant premises are situated, or

  • (a2)

    the premises of the amalgamated club and the relevant premises are situated in adjoining local statistical areas (whether or not in the same local government area) and the classification of the local statistical area in which the premises of the amalgamated club are situated is the same as or ranked higher than the classification of the local statistical area in which the relevant premises are situated, or

  • (b)

    the relevant premises are situated in a Band 1 LSA and the threshold increase application, if approved, would not result in the gaming machine threshold for the premises being increased, over any period of 12 months, by a number that is more than the number corresponding to a low-range increase for the premises, or

  • (c)

    the relevant premises are situated in a Band 1 or Band 2 LSA and the threshold increase application, if approved, would not result in the gaming machine threshold for the relevant premises exceeding the gaming machine threshold for the premises of the dissolved club immediately before it amalgamated with the parent club concerned.

(2)

If an LIA is required to be provided with any such threshold increase application because paragraphs (a)–(c) of subsection (1) do not apply in relation to the relevant premises, a class 1 LIA is required to be provided with the threshold increase application concerned.

(3)

Subsections (1) and (2) have effect despite any other provision of this Division but apply only if the threshold increase application by the de-amalgamated club is made—

  • (a)

    in connection with the de-amalgamation, and

  • (b)

    together with an application under section 19 for the Authority’s approval of the transfer of gaming machine entitlements to the relevant premises from the premises of the amalgamated club.

(4)

A word or expression used in this section that has a meaning under the Registered Clubs Act 1976 has the same meaning given to it under that Act.

s 37C: Ins 2011 No 72, Sch 3 [51]. Am 2018 No 9, Sch 1 [26]–[30].

Division 2Mandatory shutting down of gaming machines38

(Repealed)

s 38: Rep 2007 No 92, Sch 3 [25].

39General 6-hour shutdown period after 1 May 2003(1)

On and from 1 May 2003, a hotelier or club must ensure that each approved gaming machine that is kept in the hotel or on the premises of the club is not operated for the purposes of gambling between 4 am and 10 am on each day of the week (the general 6-hour shutdown period).

Maximum penalty—100 penalty units.

(2)

The application of the general 6-hour shutdown period in respect of a hotel or the premises of a club is subject to sections 40, 40A and 41.

s 39: Am 2003 No 16, Sch 1 [1]; 2007 No 92, Sch 3 [7] [26]; 2011 No 72, Sch 3 [1].

40Approval of 3-hour shutdown period on weekends and public holidays(1)

The Authority may, on application by a hotelier or club, approve of the hotel or the premises of the club having, with effect on and from 1 May 2003 or from any time after that date, a shutdown period of between 6 am and 9 am on each day that is a Saturday, Sunday or public holiday (the 3-hour shutdown period).

(2)

If the 3-hour shutdown period on a Saturday, Sunday or public holiday is approved for the time being in respect of a hotel or the premises of a club, the hotelier or club must ensure that each approved gaming machine that is kept in the hotel or on the premises of the club is not operated for the purposes of gambling between 6 am and 9 am on that day.

Maximum penalty—100 penalty units.

(3)

The Authority’s approval of a hotel or club premises having the 3-hour shutdown period may be given only if—

  • (a)

    the Authority has taken into consideration such guidelines as may be approved by the Minister for the purposes of this section, and

  • (b)

    the Authority is satisfied that the hotelier or club has complied with such harm minimisation requirements as are prescribed by the regulations for the purposes of this section.

(4)

(Repealed)

s 40: Am 2003 No 16, Sch 1 [2]–[6]; 2007 No 92, Sch 3 [7] [13] [26] [27]; 2011 No 72, Sch 3 [1].

40AApproval of limited shutdown period on hardship grounds(1)

The Authority may, on application by a hotelier or club, approve of the hotel or the premises of the club having a shutdown period of between 6 am and 9 am on each day of the week (the limited shutdown period).

(2)

If the limited shutdown period is approved for the time being in respect of a hotel or the premises of a club, the hotelier or club must ensure that each approved gaming machine that is kept in the hotel or on the premises of the club is not operated for the purposes of gambling during the limited shutdown period.

Maximum penalty—100 penalty units.

(3)

The Authority’s approval of a hotel or club premises having the limited shutdown period may be given only if the Authority is satisfied that the hotel or club will suffer hardship to the extent specified in the guidelines approved by the Minister for the purposes of this section if its approval is not given.

s 40A: Ins 2003 No 16, Sch 1 [7]. Am 2007 No 92, Sch 3 [7] [13] [26] [27]; 2011 No 72, Sch 3 [1].

41Approval of different shutdown periods for “early openers”(1)

This section applies in relation to a hotel or the premises of a club (a venue) if, in the opinion of the Authority, the venue—

  • (a)

    was, on a regular basis before 1 January 1997, open for business before 10 am on at least one day of the week, and

  • (b)

    was, on a regular basis before 1 January 1997, closed for business between midnight and 10 am for a minimum of 3 hours on at least one day of the week, and

  • (c)

    has continued, and is continuing, to open and close on that same basis ever since.

(2)

The Authority may, on application made in respect of a venue to which this section applies, approve of the venue having—

  • (a)

    a different 6-hour shutdown period to the general 6-hour shutdown period referred to in section 39, or

  • (b)

    a different 3-hour shutdown period on Saturdays, Sundays and public holidays to the 3-hour shutdown period referred to in section 40, or

  • (c)

    a different 3-hour shutdown period to the limited shutdown period referred to in section 40A.

(3)

The Authority may only approve of a venue having any such different shutdown period if the approved period is consistent with the opening and closing times (as referred to in subsection (1)) of the venue.

(4)

If any such different shutdown period is approved for the time being in respect of a venue, the hotelier or club concerned must ensure that each approved gaming machine that is kept in the venue is not operated for the purposes of gambling during the approved period.

Maximum penalty—100 penalty units.

(5)

Despite any other provision of this section, the Authority’s approval of a venue having different shutdown periods may be given only in respect of those days of the week on which the venue has continued—

  • (a)

    to close for business between midnight and 10 am for a consecutive period of at least 3 hours, and

  • (b)

    to re-open for business before 10 am.

s 41: Am 2002 No 18, Sch 1 [25]; 2003 No 16, Sch 1 [8] [9]. Subst 2007 No 92, Sch 3 [28]. Am 2011 No 72, Sch 3 [1].

42General provisions(1)

Nothing in this Division requires a hotelier or club, during any period in which approved gaming machines are not to be operated for the purposes of gambling in accordance with this Division, to close off to the patrons of the hotel or the premises of the club any area of the hotel or the premises of the club in which approved gaming machines are located.

(2)

This Division does not affect the operation of the Liquor Act 2007, or of any other Act or law, in relation to the hours during which a hotel or club is authorised to trade.

(3)

An approval by the Authority under this Division—

  • (a)

    is to be in writing, and

  • (b)

    is subject to such conditions as the Authority thinks fit to impose, and

  • (c)

    may be revoked at any time by the Authority for such reasons as the Authority thinks fit.

(4)

In this Division—

public holiday means a public holiday under the Public Holidays Act 2010.

s 42: Am 2003 No 16, Sch 1 [10]; 2003 No 58, Sch 1 [22]; 2007 No 92, Sch 3 [27] [29]; 2010 No 115, Sch 2.1; 2011 No 72, Sch 3 [1].

Division 3General harm minimisation measures43Prohibition on publishing gaming machine advertising(1)

A person (whether or not a hotelier or club) must not publish or cause to be published any gaming machine advertising.

Maximum penalty—100 penalty units.

(2)

Subsection (1) does not apply to any gaming machine advertising published or caused to be published at any time during the period of 6 months after the commencement of this section.

(3)

A person (whether or not a hotelier or club) must not, after the commencement of this section, enter into or extend the duration of any contract or arrangement for the publication of gaming machine advertising.

Maximum penalty—100 penalty units.

(4)

Any such contract or arrangement entered into or extended after the commencement of this section has no effect.

(5)

Regardless of any other provision of this section, any contract or arrangement for the publication of gaming machine advertising that was entered into before the commencement of this section ceases to have effect 6 months after that commencement.

(5A)

If any gaming machine advertising that consists of internal promotional material appears outside the hotel or the premises of the club to which the material relates, it is a defence to a prosecution for an offence under subsection (1) if it is proved that the material was removed from the hotel or club premises by a patron of the hotel or club for his or her personal use or information.

(5B)

For the purposes of subsection (5A), internal promotional material means any written material (such as a brochure or flyer) that—

  • (a)

    promotes (or otherwise relates to) the playing of approved gaming machines in a hotel or on the premises of a club, and

  • (b)

    is displayed or distributed by or on behalf of the hotelier or club in the hotel, or on the club premises, only.

(6)

In this section—

gaming machine advertising means any form of advertising that gives publicity to, or otherwise promotes or is intended to promote—

  • (a)

    the playing of approved gaming machines in a hotel or on the premises of a club, or

  • (b)

    the supply, sale or manufacture of an approved gaming machine,

but does not include any such advertising that is excluded from the operation of this section by the regulations.

publish includes disseminate in any way, whether by oral, visual, written or other means (for example dissemination by means of cinema, video, radio, electronics, the Internet or television or by means of promotional material such as club journals, brochures or flyers).

(7)

The provisions of this section are intended to operate as referred to in sections 12 (2) (e), 19 (5) and 20 (3) of the Business Names Registration Act 2011 of the Commonwealth.

Note—

Section 12 (2) (e) of the Business Names Registration Act 2011 of the Commonwealth (the Commonwealth Act) provides that the business names legislation referred to in that section is not intended to exclude or limit the concurrent operation of a law of a State that imposes obligations on an entity or class of entities that are in addition to obligations imposed under that Act.

Sections 19 (5) and 20 (3) of the Commonwealth Act also provide that an entity does not commit an offence under those sections concerning the inclusion or display of registered business names in written communications and at places of business if the inclusion, use or display of a business name in such a communication or at such a place would be contrary to a law of a State.

s 43: Am 2002 No 18, Sch 1 [26]–[29]; 2002 No 97, Sch 1.3 [1]; 2007 No 92, Sch 3 [8]; 2008 No 99, Sch 1 [45]; 2011 No 44, Sch 3.6 [1]; 2011 No 72, Sch 3 [1].

44Prohibition on displaying gambling-related signs(1)

A hotelier or club must not display or cause to be displayed any gambling-related sign—

  • (a)

    anywhere outside or in the vicinity of the hotel or the premises of the club, or

  • (b)

    anywhere inside the hotel or the premises of the club so that it can be seen from outside the hotel or the premises of the club.

Maximum penalty—100 penalty units.

(2)

Subsection (1) does not apply to any gambling-related sign displayed or caused to be displayed at any time during the period of 6 months after the commencement of this section.

(3)

A hotelier or club must not, after the commencement of this section, enter into or extend the duration of any contract or arrangement for displaying a gambling-related sign that is displayed in contravention of subsection (1).

Maximum penalty—100 penalty units.

(4)

Any such contract or arrangement entered into or extended after the commencement of this section has no effect.

(5)

Regardless of any other provision of this section, any contract or arrangement for displaying a gambling-related sign (being a sign that is displayed in contravention of subsection (1)) that was entered into before the commencement of this section ceases to have effect 6 months after that commencement.

(6)

In this section—

gambling-related sign means any sign (whether consisting of words, symbols, pictures or any other thing)—

  • (a)

    that draws attention to, or can reasonably be taken to draw attention to, the availability of approved gaming machines in a hotel or on the premises of a club, or

  • (b)

    that uses a term or expression frequently associated with gambling, or

  • (c)

    that relates to a gambling franchise or gambling business,

but does not include any sign relating to the conduct of a totalizator under the Totalizator Act 1997 or of a public lottery under the Public Lotteries Act 1996, or any sign that is excluded from the operation of this section by the regulations.

(7)

The provisions of this section are intended to operate as referred to in sections 12 (2) (e), 19 (5) and 20 (3) of the Business Names Registration Act 2011 of the Commonwealth.

Note—

Section 12 (2) (e) of the Business Names Registration Act 2011 of the Commonwealth (the Commonwealth Act) provides that the business names legislation referred to in that section is not intended to exclude or limit the concurrent operation of a law of a State that imposes obligations on an entity or class of entities that are in addition to obligations imposed under that Act.

Sections 19 (5) and 20 (3) of the Commonwealth Act also provide that an entity does not commit an offence under those sections concerning the inclusion or display of registered business names in written communications and at places of business if the inclusion, use or display of a business name in such a communication or at such a place would be contrary to a law of a State.

s 44: Am 2002 No 18, Sch 1 [30]–[32]; 2002 No 97, Sch 1.3 [2]; 2007 No 92, Sch 3 [8] [27]; 2011 No 44, Sch 3.6 [2]; 2011 No 72, Sch 3 [1].

44ALocation of gaming machines in venues(1)

If the Secretary is of the opinion that any approved gaming machine in a hotel or on the premises of a club is located in a manner that—

  • (a)

    is designed to attract the attention of members of the public who are outside the hotel or club premises, and

  • (b)

    is contrary to the public interest,

the Secretary may, by notice in writing given to the hotelier or club concerned, require the hotelier or club to move or screen the gaming machine in accordance with the notice.

Note—

Any such decision is reviewable by the Authority under section 36A of the Gaming and Liquor Administration Act 2007.

(2)

A hotelier or club must comply with a notice given to the hotelier or club under this section.

Maximum penalty—50 penalty units.

s 44A: Ins 2008 No 99, Sch 1 [46]. Am 2011 No 72, Sch 3 [1] [52].

45Regulation of promotional prizes and player reward schemes(1)

In this section—

player reward scheme means a system, used in connection with the operation of approved gaming machines in a hotel or on the premises of a club, in which the players of such gaming machines accumulate bonus or reward points from playing the gaming machines.

promotional prize means any prize or reward (including bonus points) offered by a hotelier or club to the patrons of the hotel or the premises of the club in connection with a player reward scheme or any other marketing or promotional activity that involves approved gaming machines.

57Definition

In this Part—

amending Act means the Liquor and Gaming Legislation Amendment Act 2018.

pt 14, div 1 (ss 187–190): Rep 2007 No 92, Sch 3 [74].

58Existing competency cards

Any competency card that was in force under the Gaming Machines Regulation 2010 immediately before the insertion of the definition of recognised competency card in section 49A by the amending Act is taken to be a competency card within the meaning of that definition.

pt 14, div 1 (ss 187–190): Rep 2007 No 92, Sch 3 [74].

59Existing conditions of approval to conduct RCG training courses

Any condition that applied to an approval to conduct RCG training courses in force immediately before the insertion of section 49B by the amending Act is taken to be a condition of such an approval for the purposes of section 49B as inserted.

pt 14, div 1 (ss 187–190): Rep 2007 No 92, Sch 3 [74].

60Disciplinary action against licensees

Section 172 as amended by the amending Act extends to the taking of disciplinary action against a licensee who has been served with a notice to show cause immediately before the amendment but in respect of whom a decision has not been made under section 172 (4).

pt 14, div 1 (ss 187–190): Rep 2007 No 92, Sch 3 [74].

Part 16Provisions consequent on enactment of Gaming Machines Amendment (Leasing and Assessment) Act 201861Definition

In this Part—

amending Act means the Gaming Machines Amendment (Leasing and Assessment) Act 2018.

pt 14, div 1 (ss 187–190): Rep 2007 No 92, Sch 3 [74].

62Threshold increase applications(1)

An amendment made by the amending Act extends to a threshold increase application and any related transfer application made on or after the date of introduction into Parliament of the Bill for the amending Act and before the commencement of the amendment (not being an application determined before the commencement of the amendment).

(2)

For the purposes of this Part, a related transfer application is an application for the Authority’s approval of the transfer of a gaming machine entitlement that is made together with a threshold increase application.

pt 14, div 1 (ss 187–190): Rep 2007 No 92, Sch 3 [74].

63Transitional arrangements for local statistical areas

An amendment made by the amending Act to change a reference in this Act or the regulations from a reference to local government area to a reference to local statistical area does not apply to or in respect of an application for the Authority’s approval of the transfer of a gaming machine entitlement made before the commencement of the amendment (unless the application is made together with a threshold increase application and so is a related transfer application).

pt 14, div 1 (ss 187–190): Rep 2007 No 92, Sch 3 [74].

sch 1: Am 2002 No 18, Sch 1 [42] [43]; 2002 No 102, Sch 1 [36] [37]; 2003 No 16, Sch 1 [11] [12]; 2003 No 58, Sch 1 [38] [39]; 2004 No 97, Sch 1 [17] [18]; 2005 No 78, Sch 1 [29] [30]; 2007 No 22, Sch 2 [6]; 2007 No 92, Sch 3 [93] [94]; 2008 No 6, Sch 1 [9]; 2008 No 99, Sch 1 [115] [116]; 2010 No 94, Sch 2.2; 2011 No 72, Sch 3 [87]–[90]; 2013 No 34, Sch 1 [4]; 2015 No 70, Sch 1 [17]; 2018 No 7, Sch 1.6 [15]; 2018 No 9, Sch 1 [33].

Schedules 2–5

(Repealed)

schs 2–5: Rep 2003 No 82, Sch 3.

Historical notesTable of amending instruments

Gaming Machines Act 2001 No 127. Minister’s second reading speech made: Legislative Assembly, 30.11.2001; Legislative Council, 6.12.2001. Assented to 19.12.2001. Date of commencement, secs 44, 46, 210 (1) and 211, cl 1 of Sch 1 and Sch 4 [3] excepted, 2.4.2002, sec 2 and GG No 67 of 28.3.2002, p 1834; date of commencement of secs 44, 210 (1) and 211 and cl 1 of Sch 1, 11.1.2002, sec 2 and GG No 19 of 11.1.2002, p 85; date of commencement of sec 46 and Sch 4 [3], 2.7.2002, sec 2 and GG No 67 of 28.3.2002, p 1834. This Act has been amended as follows—

2002

No 18

Gaming Machines Amendment Act 2002. Assented to 16.5.2002.

Date of commencement, Sch 1 [26]–[28] excepted, 1.6.2002, sec 2 and GG No 92 of 31.5.2002, p 3320; date of commencement of Sch 1 [26]–[28], 1.7.2002, sec 2 and GG No 92 of 31.5.2002, p 3320.

No 97

Business Names Act 2002. Assented to 29.11.2002.

Date of commencement of Sch 1.3, 5.10.2004, sec 2 (1) and GG No 149 of 24.9.2004, p 7607.

No 99

Courts Legislation Miscellaneous Amendments Act 2002. Assented to 29.11.2002.

Date of commencement of Sch 1, 7.7.2003, sec 2 (1) and GG No 104 of 27.6.2003, p 5971.

No 102

Gaming Machines Further Amendment Act 2002. Assented to 29.11.2002.

Date of commencement, 1.1.2003, sec 2 and GG No 263 of 20.12.2002, p 10746.

No 103

Law Enforcement (Powers and Responsibilities) Act 2002. Assented to 29.11.2002.

Date of commencement of Sch 4, 1.12.2005, sec 2 and GG No 45 of 15.4.2005, p 1356.

No 112

Statute Law (Miscellaneous Provisions) Act (No 2) 2002. Assented to 29.11.2002.

Date of commencement of Sch 2.6, assent, sec 2 (3).

2003

No 13

Australian Crime Commission (New South Wales) Act 2003. Assented to 30.6.2003.

Date of commencement of Sch 1.10, assent, sec 2 (1).

No 16

Gaming Machines Amendment (Shutdown Periods) Act 2003. Assented to 30.6.2003.

Date of commencement, 1.12.2003, sec 2 and GG No 186 of 28.11.2003, p 10757.

No 58

Gaming Machines Amendment (Miscellaneous) Act 2003. Assented to 6.11.2003.

Date of commencement, 1.12.2003, sec 2 and GG No 186 of 28.11.2003, p 10756.

No 82

Statute Law (Miscellaneous Provisions) Act (No 2) 2003. Assented to 27.11.2003.

Date of commencement of Sch 3, assent, sec 2 (1).

2004

No 97

Gaming Machines Amendment Act 2004. Assented to 15.12.2004.

Date of commencement, 22.12.2004, sec 2 and GG No 200 of 17.12.2004, p 9304.

2005

No 78

Gaming Machines Amendment Act 2005. Assented to 26.10.2005.

Date of commencement of Sch 1 (except Sch 1 [1] [18] and [30] to the extent that it inserts cl 31 into Sch 1), 18.11.2005, sec 2 and GG No 140 of 18.11.2005, p 9403; date of commencement of Sch 1 [1] and [30] to the extent that it inserts cl 31 into Sch 1, 3.2.2006, sec 2 and GG No 16 of 3.2.2006, p 534; date of commencement of Sch 1 [18], 1.1.2006, sec 2 and GG No 157 of 16.12.2005, p 10877.

No 98

Statute Law (Miscellaneous Provisions) Act (No 2) 2005. Assented to 24.11.2005.

Date of commencement of Sch 3, assent, sec 2 (2).

2006

No 120

Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to 4.12.2006.

Date of commencement of Sch 2, assent, sec 2 (2).

2007

No 22

State Revenue and Other Legislation Amendment (Budget) Act 2007. Assented to 4.7.2007.

Date of commencement of Sch 2, 1.7.2007, sec 2 (2).

No 92

Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007. Assented to 13.12.2007.

Date of commencement of Sch 3, 1.7.2008, sec 2 and GG No 76 of 27.6.2008, p 5867.

No 94

Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007.

Sch 1.47 was not commenced and the Act was repealed by the Statute Law (Miscellaneous Provisions) Act (No 2) 2009 No 106; date of commencement of Sch 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. The amendments made by Sch 2 were without effect as the provisions being amended were amended by the Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007.

2008

No 6

Gaming Machines Amendment (Temporary Freeze) Act 2008. Assented to 14.4.2008.

Date of commencement, assent, sec 2.

No 99

Gaming Machines Amendment Act 2008. Assented to 3.12.2008.

Date of commencement of Sch 1 [1]–[17] [19]–[115] and [116] (except to the extent that it inserts cl 44 into Sch 1), 31.1.2009, sec 2 (1) and GG No 23 of 30.1.2009, p 473; date of commencement of Sch 1 [18] and [116] (to the extent that it inserts cl 44 into Sch 1), 1.12.2008, sec 2 (2).

2009

No 54

Government Information (Public Access) (Consequential Amendments and Repeal) Act 2009. Assented to 26.6.2009.

Date of commencement, 1.7.2010, sec 2 and 2010 (248) LW 18.6.2010.

2010

No 94

Totalizator Amendment Act 2010. Assented to 16.11.2010.

Date of commencement, 31.12.2010, sec 2 and 2010 (719) LW 17.12.2010.

No 115

Public Holidays Act 2010. Assented to 29.11.2010.

Date of commencement of Sch 2.1, 31.12.2010, sec 2 (1).

2011

No 44

Business Names (Commonwealth Powers) Act 2011. Assented to 20.9.2011.

Date of commencement of Sch 3, 28.5.2012, sec 2 and 2012 (209) LW 25.5.2012.

No 72

Clubs, Liquor and Gaming Machines Legislation Amendment Act 2011. Assented to 28.11.2011.

Date of commencement of Sch 3 [1] [3] [6] [7] [9]–[30] [31] (except to the extent that it inserts sec 21 (3)) [32]–[36] [38]–[48] [51] [54] [59]–[83] [85] [88] and [90] (to the extent that it inserts cll 50–52 into Sch 1), 30.3.2012, sec 2 (1) and 2012 (123) LW 30.3.2012; date of commencement of Sch 3 [2] and [5], 1.3.2012, sec 2 (1) and 2012 (64) LW 1.3.2012; date of commencement of Sch 3 [4] [8] [37] [49] [50] [52] [55]–[58] [84] [86] [87] [89] and [90] (to the extent that it inserts the Part heading and cll 49, 53 and 54 in Sch 1), assent, sec 2 (2); date of commencement of Sch 3 [31] (to the extent that it inserts sec 21 (3)) and [53], 20.1.2012, sec 2 (1) and 2012 (3) LW 13.1.2012.

2012

No 97

Miscellaneous Acts Amendment (Directors’ Liability) Act 2012. Assented to 26.11.2012.

Date of commencement, 11.1.2013, sec 2 and 2012 (629) LW 14.12.2012.

2013

No 34

Gaming Machines Amendment (Multi-terminal Gaming Machines in Clubs) Act 2013. Assented to 3.6.2013.

Date of commencement, assent, sec 2.

No 95

Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013.

Date of commencement, 1.1.2014, sec 2.

No 100

Casino Control Amendment (Barangaroo Restricted Gaming Facility) Act 2013. Assented to 27.11.2013.

Date of commencement, assent, sec 2.

2015

No 15

Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015.

Date of commencement of Sch 1.12, 8.7.2015, sec 2 (1).

No 70

Gaming Machines Amendment (Centralised Monitoring System) Act 2015. Assented to 24.11.2015.

Date of commencement, 11.3.2016, sec 2 and 2016 (118) LW 11.3.2016.

2017

No 20

Liquor Amendment (Reviews) Act 2017. Assented to 1.6.2017.

Date of commencement of Sch 2.3, 1.7.2017, sec 2 (2) (d).

No 22

Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017.

Date of commencement of Sch 4, 7 days after assent, sec 2 (1).

No 63

Statute Law (Miscellaneous Provisions) Act (No 2) 2017. Assented to 23.11.2017.

Date of commencement of Sch 3, 14 days after assent, sec 2 (1).

2018

No 7

Liquor and Gaming Legislation Amendment Act 2018. Assented to 21.3.2018.

Date of commencement of Sch 1.6, 3.4.2018, sec 2 and 2018 (112) LW 29.3.2018.

No 9

Gaming Machines Amendment (Leasing and Assessment) Act 2018. Assented to 21.3.2018.

Date of commencement, 3.4.2018, sec 2 and 2018 (111) LW 29.3.2018.

No 60

Community Gaming Act 2018. Assented to 26.10.2018.

Date of commencement, 1.7.2020, sec 2 and 2020 (298) LW 26.6.2020.

No 68

Statute Law (Miscellaneous Provisions) Act (No 2) 2018. Assented to 31.10.2018.

Date of commencement of Sch 2.13, 8.1.2019, sec 2 (1).

2019

No 1

Statute Law (Miscellaneous Provisions) Act 2019. Assented to 17.6.2019.

Date of commencement of Sch 1.4, 14 days after assent, sec 2 (1).

No 14

Statute Law (Miscellaneous Provisions) Act (No 2) 2019. Assented to 21.11.2019.

Date of commencement of Sch 1.8, 14 days after assent, sec 2(1).

2020

No 30

Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020.

Date of commencement of Sch 3, assent, sec 2(1).

2022

No 59

Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022.

Date of commencement, 13.1.2023, sec 2.

Table of amendments

Long title

Am 2011 No 72, Sch 3 [1].

Sec 1

Am 2007 No 92, Sch 3 [3]; 2011 No 72, Sch 3 [2].

Sec 3

Am 2002 No 102, Sch 1 [1] [2]; 2007 No 92, Sch 3 [4]; 2008 No 99, Sch 1 [1]; 2011 No 72, Sch 3 [3] [4].

Sec 4

Am 2002 No 18, Sch 1 [1] [2]; 2002 No 102, Sch 1 [3]; 2004 No 97, Sch 1 [1]; 2007 No 92, Sch 3 [5]–[10]; 2008 No 99, Sch 1 [2]–[11]; 2011 No 72, Sch 3 [1]–[3] [5]–[13]; 2015 No 70, Sch 1 [1]; 2017 No 20, Sch 2.3 [2]; 2018 No 9, Sch 1 [1] [2]; 2020 No 30, Sch 3.16; 2022 No 59, Sch 3.28.

Secs 5, 6

Rep 2007 No 92, Sch 3 [11].

Sec 7

Am 2007 No 92, Sch 3 [8]; 2011 No 72, Sch 3 [1]; 2018 No 60, Sch 2.3.

Sec 8

Am 2003 No 58, Sch 1 [1]; 2008 No 99, Sch 1 [12] [13]; 2011 No 72, Sch 3 [3] [14]–[16].

Sec 9

Subst 2007 No 92, Sch 3 [12]. Am 2011 No 72, Sch 3 [1].

Sec 10

Subst 2008 No 99, Sch 1 [14]. Am 2011 No 72, Sch 3 [3].

Sec 12

Am 2003 No 58, Sch 1 [2] [3]. Rep 2008 No 99, Sch 1 [15].

Sec 13

Am 2002 No 18, Sch 1 [3]. Rep 2002 No 102, Sch 1 [4].

Part 3, heading

Am 2011 No 72, Sch 3 [17].

Sec 14

Am 2007 No 92, Sch 3 [8] [13]. Subst 2008 No 99, Sch 1 [16]; 2011 No 72, Sch 3 [18]; 2018 No 9, Sch 2 [1].

Part 3, Div 2, heading

Am 2011 No 72, Sch 3 [19].

Sec 15

Am 2002 No 18, Sch 1 [4]; 2002 No 102, Sch 1 [5]. Rep 2011 No 72, Sch 3 [20].

Sec 15AA

Ins 2005 No 78, Sch 1 [1]. Rep 2011 No 72, Sch 3 [20].

Sec 15A

Ins 2002 No 102, Sch 1 [6]. Am 2003 No 58, Sch 1 [4] [5]; 2007 No 22, Sch 2 [1] [2]. Rep 2008 No 99, Sch 1 [17].

Sec 15B

Ins 2007 No 22, Sch 2 [3]. Rep 2008 No 99, Sch 1 [18].

Sec 16

Am 2002 No 102, Sch 1 [7]; 2008 No 99, Sch 1 [19] [20]. Subst 2011 No 72, Sch 3 [21].

Sec 17

Am 2002 No 102, Sch 1 [8] [9]; 2003 No 58, Sch 1 [6]; 2007 No 92, Sch 3 [14]. Rep 2008 No 99, Sch 1 [21].

Sec 18

Am 2008 No 99, Sch 1 [22] [23]. Rep 2011 No 72, Sch 3 [20].

Sec 19

Am 2002 No 18, Sch 1 [5]; 2008 No 6, Sch 1 [1]–[4]; 2008 No 99, Sch 1 [24] [25]; 2011 No 72, Sch 3 [3] [22]–[24]; 2018 No 9, Sch 2 [2].

Sec 20

Am 2002 No 18, Sch 1 [6]–[8]; 2002 No 102, Sch 1 [10] [11]; 2005 No 78, Sch 1 [2]; 2007 No 92, Sch 3 [10]; 2008 No 99, Sch 1 [20] [26]; 2011 No 72, Sch 3 [1] [3] [23] [25]–[28]; 2018 No 9, Sch 1 [3] [4].

Sec 20A

Ins 2018 No 9, Sch 1 [5].

Sec 21

Am 2002 No 18, Sch 1 [9] [10]; 2002 No 102, Sch 1 [12] [13]; 2003 No 58, Sch 1 [7]; 2005 No 78, Sch 1 [3]; 2007 No 92, Sch 3 [15]; 2008 No 99, Sch 1 [27] [28]; 2011 No 72, Sch 3 [1] [3] [23] [29]–[34]; 2018 No 9, Sch 1 [6] [7].

Sec 21A

Ins 2002 No 102, Sch 1 [14]. Am 2003 No 58, Sch 1 [8] [9]; 2007 No 22, Sch 2 [4]. Rep 2008 No 99, Sch 1 [29].

Sec 22

Am 2002 No 18, Sch 1 [11] [12]; 2002 No 102, Sch 1 [15]; 2003 No 58, Sch 1 [10]; 2008 No 99, Sch 1 [30]–[32]. Rep 2011 No 72, Sch 3 [35].

Sec 23

Am 2002 No 18, Sch 1 [13]; 2003 No 58, Sch 1 [11]; 2008 No 99, Sch 1 [33]. Subst 2011 No 72, Sch 3 [36]. Am 2017 No 20, Sch 2.3 [3].

Part 3, Div 2A

Ins 2018 No 9, Sch 2 [3].

Sec 24

Am 2002 No 18, Sch 1 [14]; 2003 No 58, Sch 1 [12] [13]; 2005 No 78, Sch 1 [4]. Subst 2007 No 92, Sch 3 [16]. Am 2008 No 99, Sch 1 [34]. Rep 2011 No 72, Sch 3 [36]. Ins 2018 No 9, Sch 2 [3].

Sec 24A

Ins 2003 No 58, Sch 1 [14]. Am 2005 No 78, Sch 1 [5] [6]. Rep 2011 No 72, Sch 3 [37].

Sec 25

Subst 2002 No 18, Sch 1 [15]; 2002 No 102, Sch 1 [16]. Am 2007 No 92, Sch 3 [10]; 2008 No 99, Sch 1 [35] [36]. Rep 2011 No 72, Sch 3 [38]. Ins 2018 No 9, Sch 2 [3].

Sec 25A

Ins 2002 No 102, Sch 1 [16]. Am 2007 No 92, Sch 3 [17]. Subst 2008 No 99, Sch 1 [37]. Rep 2011 No 72, Sch 3 [38]. Ins 2018 No 9, Sch 2 [3].

Secs 25B, 25C

Ins 2018 No 9, Sch 2 [3].

Part 3, Div 3

Subst 2011 No 72, Sch 3 [39].

Sec 26

Am 2002 No 18, Sch 1 [16]; 2008 No 99, Sch 1 [38]. Subst 2011 No 72, Sch 3 [39].

Sec 27

Am 2002 No 18, Sch 1 [17]–[19]. Subst 2011 No 72, Sch 3 [39].

Sec 28

Am 2007 No 92, Sch 3 [17] [18]. Subst 2011 No 72, Sch 3 [39]. Am 2017 No 20, Sch 2.3 [3].

Sec 29

Am 2002 No 18, Sch 1 [20]; 2002 No 102, Sch 1 [17]; 2007 No 92, Sch 3 [19]. Rep 2011 No 72, Sch 3 [39].

Sec 30

Am 2003 No 58, Sch 1 [15]; 2007 No 92, Sch 3 [10]; 2008 No 99, Sch 1 [39] [40]. Rep 2011 No 72, Sch 3 [39].

Sec 31

Am 2002 No 102, Sch 1 [18]; 2008 No 99, Sch 1 [41]. Rep 2011 No 72, Sch 3 [39].

Part 3, Div 4

Ins 2002 No 102, Sch 1 [19].

Sec 31A

Ins 2002 No 102, Sch 1 [19]. Am 2007 No 92, Sch 3 [10] [17] [20] [21]; 2008 No 99, Sch 1 [42]. Rep 2011 No 72, Sch 3 [40].

Sec 31B

Ins 2002 No 102, Sch 1 [19]. Am 2003 No 58, Sch 1 [16] [17]; 2008 No 99, Sch 1 [43]. Rep 2011 No 72, Sch 3 [41].

Sec 31C

Ins 2002 No 102, Sch 1 [19]. Am 2011 No 72, Sch 3 [3] [42] [43].

Part 4, Div 1

Subst 2008 No 99, Sch 1 [44].

Sec 32

Am 2002 No 102, Sch 1 [20]; 2003 No 58, Sch 1 [18]; 2007 No 92, Sch 3 [17] [22]. Subst 2008 No 99, Sch 1 [44]. Am 2011 No 72, Sch 3 [1] [3] [44]–[46]; 2015 No 15, Sch 1.12; 2018 No 9, Sch 2 [4].

Sec 32A

Ins 2018 No 9, Sch 1 [8].

Sec 33

Am 2002 No 18, Sch 1 [21] [22]; 2007 No 92, Sch 3 [10] [23]. Subst 2008 No 99, Sch 1 [44]; 2018 No 9, Sch 1 [9].

Sec 34

Am 2003 No 58, Sch 1 [19] [20]. Subst 2008 No 99, Sch 1 [44]. Am 2011 No 72, Sch 3 [1]; 2018 No 9, Sch 1 [10].

Sec 35

Am 2003 No 58, Sch 1 [21]. Subst 2008 No 99, Sch 1 [44]. Am 2011 No 72, Sch 3 [47]; 2018 No 9, Sch 1 [11]–[18].

Sec 36

Am 2002 No 102, Sch 1 [21]–[23]. Subst 2008 No 99, Sch 1 [44]. Am 2011 No 72, Sch 3 [48] [49]; 2017 No 20, Sch 2.3 [4]; 2018 No 9, Sch 1 [19] [20].

Secs 36A, 36B

Ins 2018 No 9, Sch 1 [21].

Sec 36C

Ins 2018 No 9, Sch 1 [22].

Sec 37

Am 2002 No 18, Sch 1 [23] [24]; 2002 No 102, Sch 1 [24] [25]; 2007 No 92, Sch 3 [7] [13]. Subst 2008 No 99, Sch 1 [44]. Am 2011 No 72, Sch 3 [3] [50]. Subst 2018 No 9, Sch 1 [23].

Sec 37A

Ins 2002 No 102, Sch 1 [26]. Am 2007 No 92, Sch 3 [24]. Subst 2008 No 99, Sch 1 [44]. Am 2011 No 72, Sch 3 [1] [3]; 2018 No 9, Sch 1 [24] [25].

Sec 37B

Ins 2008 No 6, Sch 1 [5]. Subst 2008 No 99, Sch 1 [44]. Am 2011 No 72, Sch 3 [1].

Sec 37C

Ins 2011 No 72, Sch 3 [51]. Am 2018 No 9, Sch 1 [26]–[30].

Sec 38

Rep 2007 No 92, Sch 3 [25].

Sec 39

Am 2003 No 16, Sch 1 [1]; 2007 No 92, Sch 3 [7] [26]; 2011 No 72, Sch 3 [1].

Sec 40

Am 2003 No 16, Sch 1 [2]–[6]; 2007 No 92, Sch 3 [7] [13] [26] [27]; 2011 No 72, Sch 3 [1].

Sec 40A

Ins 2003 No 16, Sch 1 [7]. Am 2007 No 92, Sch 3 [7] [13] [26] [27]; 2011 No 72, Sch 3 [1].

Sec 41

Am 2002 No 18, Sch 1 [25]; 2003 No 16, Sch 1 [8] [9]. Subst 2007 No 92, Sch 3 [28]. Am 2011 No 72, Sch 3 [1].

Sec 42

Am 2003 No 16, Sch 1 [10]; 2003 No 58, Sch 1 [22]; 2007 No 92, Sch 3 [27] [29]; 2010 No 115, Sch 2.1; 2011 No 72, Sch 3 [1].

Sec 43

Am 2002 No 18, Sch 1 [26]–[29]; 2002 No 97, Sch 1.3 [1]; 2007 No 92, Sch 3 [8]; 2008 No 99, Sch 1 [45]; 2011 No 44, Sch 3.6 [1]; 2011 No 72, Sch 3 [1].

Sec 44

Am 2002 No 18, Sch 1 [30]–[32]; 2002 No 97, Sch 1.3 [2]; 2007 No 92, Sch 3 [8] [27]; 2011 No 44, Sch 3.6 [2]; 2011 No 72, Sch 3 [1].

Sec 44A

Ins 2008 No 99, Sch 1 [46]. Am 2011 No 72, Sch 3 [1] [52].

Sec 45

Am 2007 No 92, Sch 3 [8] [27]; 2011 No 72, Sch 3 [1]; 2018 No 7, Sch 1.6 [1] [2].

Secs 45A, 45B

Ins 2018 No 7, Sch 1.6 [3].

Sec 46

Am 2002 No 18, Sch 1 [33]–[35]; 2005 No 78, Sch 1 [7]; 2008 No 99, Sch 1 [47] [48]; 2011 No 72, Sch 3 [1] [54].

Sec 47

Am 2007 No 92, Sch 3 [8] [27] [30] [31]; 2011 No 72, Sch 3 [1] [55]; 2018 No 68, Sch 2.13 [1].

Sec 47A

Ins 2002 No 18, Sch 1 [36]. Am 2002 No 112, Sch 2.6; 2007 No 92, Sch 3 [26]; 2008 No 99, Sch 1 [49]; 2011 No 72, Sch 3 [1].

Sec 47B

Ins 2008 No 99, Sch 1 [50].

Sec 47C

Ins 2008 No 99, Sch 1 [50]. Am 2011 No 72, Sch 3 [1]; 2019 No 1, Sch 1.4 [1].

Sec 48

Am 2007 No 92, Sch 3 [32] [33]; 2011 No 72, Sch 3 [1] [56]; 2017 No 22, Sch 4.17 [1]; 2020 No 30, Sch 3.16; 2022 No 59, Sch 3.28.

Sec 49

Am 2002 No 18, Sch 1 [37] [38]; 2005 No 78, Sch 1 [8]; 2007 No 92, Sch 3 [7] [13] [26] [27] [31] [34]; 2008 No 99, Sch 1 [51] [52]; 2011 No 72, Sch 3 [1] [57] [58].

Part 4, Div 3A (secs 49A–49D

Ins 2018 No 7, Sch 1.6 [4].

Sec 50

Am 2007 No 92, Sch 3 [8]; 2008 No 99, Sch 1 [53]; 2011 No 72, Sch 3 [1]; 2018 No 7, Sch 1.6 [5].

Sec 51

Am 2007 No 92, Sch 3 [18] [35]; 2008 No 99, Sch 1 [53]; 2011 No 72, Sch 3 [1].

Sec 52

Am 2007 No 92, Sch 3 [10] [18] [36]; 2008 No 99, Sch 1 [53]; 2011 No 72, Sch 3 [1]; 2018 No 7, Sch 1.6 [6].

Sec 53

Am 2007 No 92, Sch 3 [37]; 2011 No 72, Sch 3 [1] [53].

Sec 54

Rep 2007 No 92, Sch 3 [11].

Sec 56

Am 2007 No 92, Sch 3 [38]; 2011 No 72, Sch 3 [1] [59] [60].

Sec 56A

Ins 2013 No 100, Sch 2.1.

Sec 57

Am 2011 No 72, Sch 3 [1].

Sec 58

Am 2002 No 102, Sch 1 [27]; 2003 No 58, Sch 1 [23]–[25]; 2005 No 78, Sch 1 [9]; 2007 No 92, Sch 3 [10] [17] [39]–[41]; 2008 No 99, Sch 1 [54]; 2011 No 72, Sch 3 [1] [3] [12] [61] [62].

Sec 59

Am 2007 No 92, Sch 3 [42]; 2008 No 99, Sch 1 [55].

Sec 59A

Ins 2002 No 102, Sch 1 [28]. Am 2008 No 99, Sch 1 [56]. Rep 2011 No 72, Sch 3 [63].

Sec 60

Am 2002 No 102, Sch 1 [29] [30]; 2007 No 92, Sch 3 [8] [10] [38] [43] [44]. Rep 2008 No 99, Sch 1 [57].

Sec 60A

Ins 2002 No 102, Sch 1 [31]. Am 2007 No 92, Sch 3 [13] [45]. Rep 2008 No 99, Sch 1 [58].

Sec 61

Am 2007 No 92, Sch 3 [19]; 2008 No 6, Sch 1 [6] [7]; 2008 No 99, Sch 1 [59] [60]; 2011 No 72, Sch 3 [1]; 2013 No 34, Sch 1 [1].

Sec 61A

Ins 2008 No 6, Sch 1 [8]. Subst 2008 No 99, Sch 1 [61]. Am 2011 No 72, Sch 3 [1] [3] [64] [65]; 2013 No 34, Sch 1 [2]; 2018 No 9, Schs 1 [31], 2 [5].

Sec 61B

Ins 2013 No 34, Sch 1 [3].

Part 5, Div 2, heading

Am 2007 No 92, Sch 3 [46].

Sec 62A

Ins 2002 No 102, Sch 1 [32].

Sec 62

Am 2005 No 78, Sch 1 [10]; 2008 No 99, Sch 1 [62]; 2011 No 72, Sch 3 [66].

Sec 63

Am 2005 No 78, Sch 1 [11]; 2011 No 72, Sch 3 [67]; 2017 No 20, Sch 2.3 [5] [6].

Sec 64

Am 2011 No 72, Sch 3 [1] [3] [12]; 2018 No 7, Sch 1.6 [7]; 2019 No 14, Sch 1.8.

Sec 66

Am 2002 No 18, Sch 1 [39]; 2007 No 92, Sch 3 [7]; 2011 No 72, Sch 3 [1] [3] [15] [68].

Part 5, Div 3, heading

Am 2007 No 92, Sch 3 [47].

Sec 67

Am 2007 No 92, Sch 3 [48]; 2011 No 72, Sch 3 [1] [2].

Sec 68A

Ins 2018 No 7, Sch 1.6 [8].

Sec 69

Am 2008 No 99, Sch 1 [63] [64]; 2011 No 72, Sch 3 [3] [15] [69] [70].

Sec 69A

Ins 2005 No 78, Sch 1 [12]. Am 2008 No 99, Sch 1 [65] [66]; 2011 No 72, Sch 3 [71].

Sec 70

Am 2007 No 92, Sch 3 [10] [49] [50]; 2008 No 99, Sch 1 [67]; 2011 No 72, Sch 3 [1].

Sec 71

Am 2007 No 92, Sch 3 [51]; 2011 No 72, Sch 3 [1].

Sec 72

Am 2011 No 72, Sch 3 [1].

Sec 73

Am 2002 No 102, Sch 1 [33]; 2004 No 97, Sch 1 [2] [3]; 2007 No 92, Sch 3 [52]; 2011 No 72, Sch 3 [1].

Sec 74

Am 2004 No 97, Sch 1 [2]; 2011 No 72, Sch 3 [1].

Sec 75

Am 2007 No 92, Sch 3 [7]; 2011 No 72, Sch 3 [1].

Sec 75A

Ins 2018 No 7, Sch 1.6 [9].

Sec 76

Am 2007 No 92, Sch 3 [7]; 2008 No 99, Sch 1 [68]; 2011 No 72, Sch 3 [1].

Sec 76A

Ins 2008 No 99, Sch 1 [69].

Sec 76B

Ins 2008 No 99, Sch 1 [69]. Am 2011 No 72, Sch 3 [1].

Sec 77

Am 2005 No 78, Sch 1 [13] [14]; 2007 No 92, Sch 3 [7] [49]; 2008 No 99, Sch 1 [53] [70]; 2011 No 72, Sch 3 [1] [52].

Sec 78

Am 2002 No 18, Sch 1 [40]; 2008 No 99, Sch 1 [71]–[73].

Sec 79

Am 2008 No 99, Sch 1 [74] [75].

Sec 80

Am 2007 No 92, Sch 3 [8] [49]; 2008 No 99, Sch 1 [53]; 2011 No 72, Sch 3 [1].

Sec 80A

Ins 2008 No 99, Sch 1 [76]. Am 2011 No 72, Sch 3 [1].

Sec 81

Am 2008 No 99, Sch 1 [77] [78].

Sec 81A

Ins 2018 No 7, Sch 1.6 [10].

Sec 82

Am 2003 No 58, Sch 1 [26]; 2005 No 98, Sch 3.27; 2008 No 99, Sch 1 [79].

Sec 83

Am 2008 No 99, Sch 1 [80]–[83]; 2011 No 72, Sch 3 [3] [72]–[74].

Sec 84

Am 2011 No 72, Sch 3 [3] [75]–[77].

Sec 85

Am 2007 No 92, Sch 3 [53]; 2008 No 99, Sch 1 [84]–[86]; 2011 No 72, Sch 3 [1].

Sec 86

Am 2008 No 99, Sch 1 [66] [87] [88].

Sec 87

Rep 2008 No 99, Sch 1 [89].

Sec 88

Am 2007 No 92, Sch 3 [54] [55].

Sec 89

Am 2007 No 92, Sch 3 [56]; 2008 No 99, Sch 1 [90] [91].

Sec 90

Rep 2007 No 92, Sch 3 [11].

Sec 91

Am 2007 No 92, Sch 3 [57] [58]; 2008 No 99, Sch 1 [92].

Sec 92

Am 2007 No 92, Sch 3 [56]; 2018 No 7, Sch 1.6 [11].

Sec 93

Rep 2007 No 92, Sch 3 [11].

Sec 94

Subst 2007 No 92, Sch 3 [59]. Am 2011 No 72, Sch 3 [52].

Sec 95

Am 2007 No 92, Sch 3 [54]; 2011 No 72, Sch 3 [52].

Sec 95A

Ins 2007 No 92, Sch 3 [60].

Sec 96

Rep 2007 No 92, Sch 3 [11]. Ins 2008 No 99, Sch 1 [93]. Am 2011 No 72, Sch 3 [52].

Secs 97–100

Rep 2007 No 92, Sch 3 [11].

Sec 101

Subst 2007 No 92, Sch 3 [61].

Sec 102

Subst 2007 No 92, Sch 3 [61]. Am 2008 No 99, Sch 1 [94]; 2011 No 72, Sch 3 [3] [78].

Sec 103

Rep 2007 No 92, Sch 3 [11].

Sec 104

Am 2005 No 78, Sch 1 [15] [16]. Subst 2007 No 92, Sch 3 [62].

Sec 105

Am 2007 No 92, Sch 3 [54]. Rep 2008 No 99, Sch 1 [95].

Sec 106

Am 2005 No 78, Sch 1 [17]; 2007 No 92, Sch 3 [7]; 2008 No 99, Sch 1 [66] [96]; 2011 No 72, Sch 3 [1].

Sec 108

Am 2003 No 58, Sch 1 [27]; 2017 No 20, Sch 2.3 [3].

Sec 109

Am 2003 No 58, Sch 1 [28].

Sec 110

Am 2003 No 58, Sch 1 [29]–[32]; 2007 No 92, Sch 3 [54] [63] [64].

Sec 111

Am 2003 No 58, Sch 1 [33].

Sec 112

Am 2003 No 58, Sch 1 [34] [35]. Rep 2008 No 99, Sch 1 [97].

Sec 113

Am 2011 No 72, Sch 3 [52].

Part 7, Div 4 (secs 114–116)

Rep 2007 No 92, Sch 3 [65].

Sec 118

Am 2007 No 92, Sch 3 [66].

Sec 120

Am 2007 No 92, Sch 3 [56].

Sec 121

Am 2011 No 72, Sch 3 [3] [12] [15].

Sec 122

Am 2008 No 99, Sch 1 [98]; 2011 No 72, Sch 3 [1].

Sec 123

Am 2008 No 99, Sch 1 [99]; 2011 No 72, Sch 3 [1].

Sec 124

Am 2007 No 92, Sch 3 [56]. Subst 2008 No 99, Sch 1 [100].

Sec 125

Am 2011 No 72, Sch 3 [52].

Sec 126

Am 2007 No 92, Sch 3 [8]; 2008 No 99, Sch 1 [66]; 2011 No 72, Sch 3 [1].

Part 8

Subst 2007 No 92, Sch 3 [67].

Sec 127

Subst 2007 No 92, Sch 3 [67]. Am 2011 No 72, Sch 3 [1].

Sec 128

Subst 2007 No 92, Sch 3 [67]. Am 2011 No 72, Sch 3 [52]; 2019 No 1, Sch 1.4 [2] [3].

Sec 129

Am 2003 No 58, Sch 1 [36]. Subst 2007 No 92, Sch 3 [67]. Am 2011 No 72, Sch 3 [1] [52].

Sec 130

Subst 2007 No 92, Sch 3 [67].

Sec 131

Am 2003 No 58, Sch 1 [37]; 2006 No 120, Sch 2.34. Subst 2007 No 92, Sch 3 [67]. Am 2011 No 72, Sch 3 [1] [52]; 2017 No 20, Sch 2.3 [7].

Secs 131A, 131B

Ins 2007 No 92, Sch 3 [67].

Sec 131C

Ins 2007 No 92, Sch 3 [67]. Am 2013 No 95, Sch 2.67 [1] [2].

Sec 132

Am 2008 No 99, Sch 1 [101]; 2011 No 72, Sch 3 [1].

Sec 133

Subst 2005 No 78, Sch 1 [18]. Am 2007 No 92, Sch 3 [7] [8]; 2011 No 72, Sch 3 [1].

Sec 133A

Ins 2005 No 78, Sch 1 [18]. Am 2007 No 92, Sch 3 [8] [68]; 2008 No 99, Sch 1 [102]; 2011 No 72, Sch 3 [1] [52].

Sec 134

Am 2005 No 78, Sch 1 [19]; 2007 No 92, Sch 3 [7]; 2011 No 72, Sch 3 [1]; 2015 No 70, Sch 1 [2].

Sec 136

Am 2004 No 97, Sch 1 [4] [5]. Subst 2015 No 70, Sch 1 [3].

Secs 136A–136F

Ins 2015 No 70, Sch 1 [3].

Sec 137

Subst 2004 No 97, Sch 1 [6]. Rep 2015 No 70, Sch 1 [4].

Sec 139

Subst 2015 No 70, Sch 1 [5].

Sec 140

Am 2008 No 99, Sch 1 [53].

Sec 140A

Ins 2007 No 92, Sch 3 [69].

Sec 141

Am 2005 No 78, Sch 1 [20]; 2007 No 92, Sch 3 [18] [70]; 2011 No 72, Sch 3 [1].

Sec 142

Am 2011 No 72, Sch 3 [1].

Sec 147

Subst 2004 No 97, Sch 1 [7].

Sec 148

Am 2005 No 78, Sch 1 [21]; 2011 No 72, Sch 3 [1].

Secs 149–151

Am 2007 No 92, Sch 3 [18]; 2011 No 72, Sch 3 [1].

Sec 152

Subst 2004 No 97, Sch 1 [8]. Am 2007 No 92, Sch 3 [18]; 2011 No 72, Sch 3 [1].

Sec 153

Am 2004 No 97, Sch 1 [9]; 2005 No 78, Sch 1 [22] [23]; 2007 No 92, Sch 3 [71]; 2011 No 72, Sch 3 [1].

Sec 156

Am 2008 No 99, Sch 1 [53].

Sec 156A

Ins 2008 No 99, Sch 1 [103].

Sec 158

Am 2007 No 92, Sch 3 [8]; 2011 No 72, Sch 3 [1].

Sec 158A

Ins 2008 No 99, Sch 1 [104]. Am 2011 No 72, Sch 3 [1].

Part 11 (secs 159–165)

Rep 2004 No 97, Sch 1 [10].

Part 12, heading

Subst 2004 No 97, Sch 1 [11].

Sec 166

Am 2004 No 97, Sch 1 [12].

Sec 169

Am 2004 No 97, Sch 1 [13]; 2018 No 68, Sch 2.13 [2].

Sec 170

Am 2004 No 97, Sch 1 [14]; 2015 No 70, Sch 1 [6].

Sec 172

Am 2015 No 70, Sch 1 [7]–[13]; 2018 No 7, Sch 1.6 [12].

Sec 173

Am 2015 No 70, Sch 1 [14].

Sec 174A

Ins 2015 No 70, Sch 1 [15].

Sec 176

Am 2015 No 70, Sch 1 [16].

Sec 177

Am 2004 No 97, Sch 1 [15]; 2011 No 72, Sch 3 [1].

Part 13

Rep 2007 No 92, Sch 3 [72].

Secs 178–182

Rep 2007 No 92, Sch 3 [72].

Sec 182A

Ins 2005 No 78, Sch 1 [24]. Rep 2007 No 92, Sch 3 [72].

Sec 183

Rep 2007 No 92, Sch 3 [72].

Sec 184

Am 2002 No 103, Sch 4.41 [1]–[3]. Rep 2007 No 92, Sch 3 [72].

Sec 185

Am 2002 No 103, Sch 4.41 [4]. Rep 2007 No 92, Sch 3 [72].

Sec 186

Rep 2007 No 92, Sch 3 [72].

Part 14, heading

Am 2007 No 92, Sch 3 [73].

Part 14, Div 1 (secs 187–190)

Rep 2007 No 92, Sch 3 [74].

Part 14, Div 2, heading

Rep 2007 No 92, Sch 3 [75].

Secs 191–193

Rep 2007 No 92, Sch 3 [11].

Sec 194

Am 2007 No 92, Sch 3 [49] [76] [77]; 2008 No 99, Sch 1 [105]–[107]; 2011 No 72, Sch 3 [1] [3] [52] [79] [80].

Sec 195

Rep 2007 No 92, Sch 3 [11].

Sec 196

Am 2002 No 99, Sch 1.3; 2011 No 72, Sch 3 [81].

Sec 197

Subst 2007 No 92, Sch 3 [78].

Sec 198

Am 2002 No 102, Sch 1 [34] [35]. Subst 2007 No 92, Sch 3 [79]. Am 2011 No 72, Sch 3 [1].

Sec 199

Am 2007 No 92, Sch 3 [80] [81]; 2011 No 72, Sch 3 [1].

Sec 199A

Ins 2012 No 97, Sch 1.16 [1].

Sec 200

Am 2012 No 97, Sch 1.16 [2].

Sec 201

Am 2011 No 72, Sch 3 [1]; 2012 No 97, Sch 1.16 [3].

Sec 202

Am 2007 No 92, Sch 3 [82]; 2012 No 97, Sch 1.16 [4].

Sec 203

Am 2007 No 92, Sch 3 [83]; 2011 No 72, Sch 3 [1]. Subst 2017 No 63, Sch 3.4.

Sec 203A

Ins 2007 No 92, Sch 3 [84].

Sec 204

Am 2007 No 92, Sch 3 [30] [85]; 2011 No 72, Sch 3 [1].

Sec 204A

Ins 2008 No 99, Sch 1 [108]. Am 2011 No 72, Sch 3 [56]; 2017 No 22, Sch 4.17 [2]; 2019 No 1, Sch 1.4 [4].

Sec 205

Am 2005 No 78, Sch 1 [25]; 2007 No 92, Sch 3 [30]; 2008 No 99, Sch 1 [109]; 2011 No 72, Sch 3 [1] [82] [83]; 2018 No 9, Sch 1 [32].

Sec 205A

Ins 2005 No 78, Sch 1 [26].

Sec 205B

Ins 2007 No 92, Sch 3 [86]. Am 2011 No 72, Sch 3 [1].

Sec 206

Am 2003 No 13, Sch 1.10; 2005 No 78, Sch 1 [27]; 2007 No 92, Sch 3 [87]; 2008 No 99, Sch 1 [110]; 2009 No 54, Sch 2.22.

Sec 206AA

Ins 2005 No 78, Sch 1 [28].

Sec 206A

Ins 2002 No 18, Sch 1 [41]. Rep 2007 No 92, Sch 3 [11].

Sec 207

Rep 2007 No 92, Sch 3 [11].

Sec 208

Am 2011 No 72, Sch 3 [84].

Sec 209

Am 2007 No 92, Sch 3 [8] [88]–[90]; 2011 No 72, Sch 3 [1].

Sec 210

Am 2004 No 97, Sch 1 [16]; 2007 No 22, Sch 2 [5]; 2007 No 92, Sch 3 [30] [91] [92]; 2008 No 99, Sch 1 [111]–[114]; 2011 No 72, Sch 3 [1] [3] [85] [86]; 2018 No 7, Sch 1.6 [13] [14].

Secs 212–215

Rep 2003 No 82, Sch 3.

Sch 1

Am 2002 No 18, Sch 1 [42] [43]; 2002 No 102, Sch 1 [36] [37]; 2003 No 16, Sch 1 [11] [12]; 2003 No 58, Sch 1 [38] [39]; 2004 No 97, Sch 1 [17] [18]; 2005 No 78, Sch 1 [29] [30]; 2007 No 22, Sch 2 [6]; 2007 No 92, Sch 3 [93] [94]; 2008 No 6, Sch 1 [9]; 2008 No 99, Sch 1 [115] [116]; 2010 No 94, Sch 2.2; 2011 No 72, Sch 3 [87]–[90]; 2013 No 34, Sch 1 [4]; 2015 No 70, Sch 1 [17]; 2018 No 7, Sch 1.6 [15]; 2018 No 9, Sch 1 [33].

Schs 2–5

Rep 2003 No 82, Sch 3.

The whole Act (except secs 15, 15A, 27, 28 and 29 and Sch 1)

Am 2007 No 92, Sch 3 [1] (“Board” and “Board’s” omitted wherever occurring, “Authority” and “Authority’s” inserted instead, respectively).

The whole Act (except secs 15 and 27 and Sch 1)

Am 2007 No 92, Sch 3 [2] (“hotelier’s licence” and “hoteliers’ licences” omitted wherever occurring, “hotel licence” and “hotel licences” inserted instead, respectively).

The whole Act (except cl 7 (2) of Sch 1)

Am 2017 No 20, Sch 2.3 [1] (“Director-General” omitted wherever occurring, “Secretary” inserted instead).

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