Liquor Amendment (Gaming Machine Restrictions) Act 2001 (NSW)

An Act to amend the Liquor Act 1982 to restrict the keeping of additional gaming machines in hotels; and for related purposes.

1Name of Act

This Act is the Liquor Amendment (Gaming Machine Restrictions) Act 2001.

2Commencement

This Act commences on the date of assent.

3Amendment of Liquor Act 1982 No 147

The Liquor Act 1982 is amended as set out in Schedule 1.

4Consequential amendment of Liquor Regulation 1996

The Liquor Regulation 1996 is amended by omitting clause 46AA.

Schedule 1Amendment of Liquor Act 1982

(Section 3)

Insert after Division 2A of Part 11:

Division 2BFreeze on number of approved gaming devices in hotels182DDefinitions(1)

In this Division:

application for additional gaming devices means an application by a hotelier to the court or the Board to impose, vary or revoke a condition of the hotelier’s licence so as to authorise the acquisition, keeping, or the use or operation of more approved gaming devices than were lawfully acquired, kept in the hotel and used or operated in the hotel immediately before the period of the freeze.

period of the freeze means the period:

• (a)

  commencing on 19 April 2001 (being the date on which clause 46AA of the Liquor Regulation 1996 took effect), and

• (b)

  ending on the date appointed by proclamation.

(2)

The date appointed for the end of the period of the freeze may be altered by a further proclamation or proclamations published before the date so appointed.

182ENumber of approved gaming devices in hotels not to be increased during the period of the freeze(1)

It is a condition of a hotelier’s licence that the hotelier cannot acquire, keep in the hotel, or permit the use or operation in the hotel of, any approved gaming device so as to exceed the maximum number of approved gaming devices that were lawfully acquired, kept in the hotel and used or operated in the hotel immediately before the period of the freeze.

(2)

A hotelier cannot, during the period of the freeze, make an application for additional gaming devices.

(3)

The court or the Board cannot, during the period of the freeze, determine an application for additional gaming devices.

(4)

This section is subject to the other provisions of this Division.

182FMiscellaneous provisions(1)

This Division does not prevent the acquisition, keeping, use or operation of:

• (a)

  an approved gaming device in accordance with:

  • (i)

    a condition imposed before the period of the freeze under section 171F (2) (a), or

  • (ii)

    an application granted before the period of the freeze under section 171F (2) (b), or

• (b)

  a poker machine in accordance with a permit issued before the period of the freeze by the Minister under section 182C.

(2)

This Division applies to approved gaming devices even if they are part of an authorised linked gaming system under Part 12.

(3)

Damages or compensation are not payable by or on behalf of the Crown:

• (a)

  because of the enactment or operation of this Division or the operation of clause 46AA of the Liquor Regulation 1996, or

• (b)

  for the consequences of that enactment or any such operation, or

• (c)

  because of a representation or conduct of any kind about any limitation on the keeping of approved gaming devices by hoteliers.

(4)

In subsection (3), the Crown means the Crown within the meaning of the Crown Proceedings Act 1988, and includes the Board or any officer, employee or agent of the Crown or the Board.