Australian Capital Territory Repealed Acts

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This legislation has been repealed.

GAMING MACHINE ACT 1987 (REPEALED) - SECT 51

Removal of gaming machines from premises

    (1)     A person who held a licence shall, if applicable circumstances have occurred, remove, within the required period, any gaming machines from the premises to which the licence related.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (2)     For subsection (1), applicable circumstances shall be taken to have occurred—

        (a)     if a licence ceases to be in force under section 25 (1) or 25A; or

        (b)     if—

              (i)     a licence is cancelled or ceases to be in force under section 25 (3); and

              (ii)     the period within which an application for review of the relevant decision may be made has expired; and

              (iii)     an application for review has not been made in relation to the decision; or

        (c)     if—

              (i)     a licence is cancelled or ceases to be in force under section 25 (3); and

              (ii)     an application for review of the relevant decision having been made, the application has been withdrawn, dismissed or determined otherwise than by a decision of the tribunal after a hearing; or

        (d)     if—

              (i)     a licence is cancelled or ceases to be in force under section 25 (3); and

              (ii)     an application for review of the relevant decision having been made, the application has been determined by the tribunal by affirming the decision of the commissioner.

    (3)     In this section:

"relevant decision", in relation to a licence, means—

        (a)     if the licence was cancelled—the decision of the commission under this Act cancelling the licence; and

        (b)     if the licence ceased to be in force under section 25 (3)—the decision of the liquor licensing board under the Liquor Act 1975 cancelling the general licence or on licence, relating to the premises in relation to which the gaming machine licence applied.

"required period" means—

        (a)     in the circumstances referred to in subsection (2) (a)—the period of 14 days after the license ceased to be in force; and

        (b)     in the circumstances referred to in subsection (2) (b)—the period of 14 days after the end of the period referred to in subsection (2) (b) (ii); and

        (c)     in the circumstances referred to in subsection (2) (c)—the period of 14 days after the application for review is withdrawn, dismissed or otherwise determined; and

        (d)     in the circumstances referred to in subsection (2) (d)—the period of 14 days after the determination of the review;

or any further period the commission, whether before or after the end of the relevant period of 14 days, in writing, approves.



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