Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies if a licensee has applied under section 22 for—
(a) an amendment of the licence mentioned in section 22 (1) (a) to increase the number of gaming machines allowed under the licence; or
(b) an amendment of the licence mentioned in section 22 (1) (b) to move the gaming machines to different premises.
(2) However, this section does not apply to an amendment mentioned in subsection (1) (b) if the commission is satisfied that—
(a) the gaming machines need to be moved from the licensed premises for a good reason; and
(b) if the amendment is approved—
(i) the gaming machines are to be moved to different premises temporarily; and
(ii) the gaming machines will not be operated in the different premises.
(3) The commission must amend the licence in accordance with the application if—
(a) for an application by a club—a majority of the voting members of the club who voted in a ballot conducted under the regulations voted for the amendment; and
(b) for an application for an amendment mentioned in section 22 (1) (a) to increase the number of gaming machines allowed to be operated under the licence—
(i) the commission is satisfied that the size and layout of each gaming area are suitable for the installation of the number of extra gaming machines applied for; and
(ii) the authorisation of the number of extra gaming machines would not exceed the maximum number of gaming machines allowed on all licensed premises in the ACT; and
(iii) if the licensee is a club—the commission is satisfied that the number of club members worked out under the regulations, and the pattern of use of gaming machines by club members, is sufficient to justify the number of extra gaming machines; and
(iv) if the licensee is a club—the extent to which the club has contributed to, or is likely to contribute to, the community, and supported and benefited the community; and
(c) for an application for an amendment mentioned in section 22 (1) (b)—the commission is satisfied that the size and layout of the different premises are suitable for the operation of the gaming machines allowed under the licence; and
(d) the commission is satisfied that, taking into consideration the social impact assessment for the application and any submission made on the assessment within the 6-week comment period under section 19, the approval of the amendment is appropriate; and
(e) the licensee does not owe an amount to the Territory under a tax law or a gaming law.
(4) If an application is made under subsection (1) (a), the commission may amend a licence to allow the licensee to operate more gaming machines than the licensee was previously allowed to operate (the new number of gaming machines), but less than the number applied for, if the commission is satisfied that—
(a) taking into account the application, and any submissions made in relation to the social impact assessment for the application—amendment of the licence to allow the new number of gaming machines is appropriate; and
(b) the size and layout of each gaming area is suitable for the installation of the new number of gaming machines; and
(c) the authorisation of the new number of gaming machines would not exceed the maximum number of gaming machines allowed on all licensed premises in the ACT; and
(d) if the licensee is a club—the number of club members, and the pattern of use of gaming machines by club members, is sufficient to justify the new number of gaming machines; and
(e) if the licensee is a club—the extent to which the club has contributed to, or is likely to contribute to, the support and benefit of the community; and
(f) the licensee does not owe an amount to the Territory under a tax law or a gaming law.