Australian Capital Territory Consolidated Acts

GAMING MACHINE ACT 2004 - SECT 32

    (1)     The commission may, on application under section 31, transfer a licence if—

        (a)     the licence is not suspended; and

        (b)     a disciplinary notice has not been given in relation to the licence; and

        (c)     if the prospective licensee is a club—the prospective licensee is a licensee or has a certificate of suitability; and

        (d)     if the prospective licensee is a club—a majority of the voting members of the club who voted in a ballot conducted under the regulations voted for the transfer; and

        (e)     the licence would be issued to the prospective licensee on an initial licence application; and

Note     Subsection (2) deals with considerations the commission must not take into account.

        (f)     if the current licensee is a club—a majority of the voting members of the club who voted in a ballot conducted under the regulations voted for the transfer; and

        (g)     the current licensee has done everything required to be done under section 33.

    (2)     In considering whether a licence would be issued on an initial licence application for subsection (1) (e), the commission—

        (a)     must not take into consideration the requirement under section 11 (1) (g) to provide a social impact assessment; and

        (b)     when considering under section 13 (1) (e) whether the issue of the licence is appropriate—must not take into consideration the lack of a social impact statement and submissions.

    (3)     If the commission transfers a licence under this section, the commission must give the prospective licensee—

        (a)     the licence as amended to mention—

              (i)     the prospective licensee rather than the current licensee; and

              (ii)     the number of machines the prospective licensee is authorised to operate; and

        (b)     the machine access register for the gaming machines covered by the licence.