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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Gaming Machines Amendment
(Miscellaneous) Bill 2003
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Gaming Machines Act 2001 No 127 2
4 Amendment of Liquor Act 1982 No 147 2
Schedule 1 Amendment of Gaming Machines Act 2001 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2003
New South Wales
Gaming Machines Amendment
(Miscellaneous) Bill 2003
Act No , 2003
An Act to amend the Gaming Machines Act 2001 to make further provision with
respect to the allocation, transfer and forfeiture of poker machine entitlements,
the requirement for large-scale clubs to reduce their allocated number of
entitlements, the provision and determination of social impact assessments and
other administrative matters; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Gaming Machines Amendment (Miscellaneous) Bill 2003
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Gaming Machines Amendment (Miscellaneous)
Act 2003.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Gaming Machines Act 2001 No 127
The Gaming Machines Act 2001 is amended as set out in
Schedule 1.
4 Amendment of Liquor Act 1982 No 147
The Liquor Act 1982 is amended by omitting section 68 (1) (g).
Page 2
Gaming Machines Amendment (Miscellaneous) Bill 2003
Amendment of Gaming Machines Act 2001 Schedule 1
Schedule 1 Amendment of Gaming Machines Act 2001
(Section 3)
[1] Section 8 Gaming machines not used for purposes of gambling
Insert "research," before "educational" in section 8 (2) (b).
[2] Section 12 Limit on number of gaming machines in clubs
Insert "(other than a large-scale club's relevant premises)" after "club" in
section 12 (1).
[3] Section 12 (2)
Omit the subsection. Insert instead:
(2) In the case of a large-scale club's relevant premises:
(a) the Board may not, during the 5-year period referred to
in section 15A, authorise any increase in the number of
approved gaming machines that may be kept on those
premises, and
(b) once section 15A (1) is complied with in relation to
those premises, the maximum number of approved
gaming machines that the Board may authorise the club
to keep on those premises is the number that
corresponds to the reduced number of poker machine
entitlements that the club is required to reach in
accordance with that section.
[4] Section 15A Large-scale clubs required to reduce their allocated
number of poker machine entitlements
Omit "the premises of the club" from section 15A (1).
Insert instead "the large-scale club's relevant premises".
[5] Section 15A (2A)
Insert after section 15A (2):
(2A) Despite any other provision of this section or the regulations,
if a large-scale club has not, by 2 July 2007, reduced the
number of poker machine entitlements allocated in respect of
its relevant premises to the number required under subsection
(1), the remaining number of entitlements that the club was
required to transfer in order to reach that reduced number are
forfeited to the Board.
Page 3
Gaming Machines Amendment (Miscellaneous) Bill 2003
Schedule 1 Amendment of Gaming Machines Act 2001
[6] Section 17 Allocation of free poker machine entitlements in
respect of certain clubs
Insert "and, in the case of a registered club referred to in subsection (1) (c),
may not be made by such a club if any of the poker machine entitlements
allocated under section 15 in respect of the premises concerned have been
transferred to another set of the club's premises or to the premises of
another registered club" after "concerned" in section 17 (2).
[7] Section 21 Other provisions relating to transfer of poker machine
entitlements
Insert "to which section 21A applies" after "club" in section 21 (3).
[8] Section 21A Special provisions relating to transfer by large-scale
clubs of poker machine entitlements
Insert ", but only until such time as the club complies with the requirement
under section 15A (1) in relation to the large-scale club's relevant
premises" after "1976)" in section 21A (1).
[9] Section 21A (3)
Omit "as the result of the transfer of 4 or more".
Insert instead "in connection with the transfer of more than 4".
[10] Section 22 Hoteliers may exchange AADs for poker machine
entitlements
Insert after section 22 (1A):
(1B) If, in relation to an application by a hotelier under this section,
a hotelier surrenders, in combination with another hotelier,
any such authorisation to keep approved amusement devices,
the Board may not allocate a poker machine entitlement under
this section in respect of that application if:
(a) in the case of hotels situated in a metropolitan area--
either one of the hoteliers is, at the time of the
application, authorised to keep 3 or more approved
amusement devices, or
(b) in the case of country hotels--either one of the hoteliers
is, at the time of the application, authorised to keep 2 or
more approved amusement devices.
Page 4
Gaming Machines Amendment (Miscellaneous) Bill 2003
Amendment of Gaming Machines Act 2001 Schedule 1
[11] Section 23 Transfer of poker machine entitlements when
hotelier's licence surrendered or cancelled
Omit section 23 (1) and (2). Insert instead:
(1) If:
(a) a hotelier's licence is surrendered or cancelled, or
(b) a hotelier's authorisation under Part 5 to keep approved
gaming machines is cancelled,
any poker machine entitlements allocated in respect of the
licence concerned may, in accordance with this Division, be
transferred.
(2) If, at the end of the period of 12 months immediately
following the surrender or cancellation of the hotelier's
licence, or the cancellation of the hotelier's authorisation
under Part 5, any such poker machine entitlements have not
been transferred, the remaining entitlements are forfeited to
the Board.
[12] Section 24 Transfer of poker machine entitlements when club
registration surrendered or cancelled
Omit section 24 (1) and (2). Insert instead:
(1) If:
(a) the certificate of registration of a club is surrendered or
cancelled, or
(b) a registered club's authorisation under Part 5 to keep
approved gaming machines is cancelled,
any poker machine entitlements allocated in respect of any of
the premises of the club may, in accordance with this
Division, be transferred.
(2) If, at the end of the period of 12 months immediately
following the surrender or cancellation of the club's
certificate of registration, or the cancellation of the club's
authorisation under Part 5, any such poker machine
entitlements have not been transferred, the remaining
entitlements are forfeited to the Board.
[13] Section 24 (3) (b) (ii)
Omit the subparagraph.
Page 5
Gaming Machines Amendment (Miscellaneous) Bill 2003
Schedule 1 Amendment of Gaming Machines Act 2001
[14] Section 24A
Insert after section 24:
24A Transfer of poker machine entitlements when club ceases to
trade
(1) If a registered club ceases to trade on any of its premises, any
poker machine entitlements allocated in respect of those
premises may, in accordance with this Division, be
transferred.
(2) If, at the end of the period of 12 months immediately
following the date on which the club ceased to trade on those
premises (or such longer period as may be allowed by the
Board), any such poker machine entitlements have not been
transferred, the remaining entitlements are forfeited to the
Board.
[15] Section 30 Requirement to forfeit hardship gaming machines in
certain circumstances
Insert after section 30 (2):
(2A) However, the exemption under subsection (2) (b) has effect
only until such time as the large-scale club complies with the
requirement under section 15A (1) in relation to its relevant
premises.
[16] Section 31B Transfer of Liquor Act poker machine permits when
hotelier's licence surrendered or cancelled
Omit "surrendered or" from section 31B (2) (b).
[17] Section 31B (3)
Omit the subsection. Insert instead:
(3) If, at the end of the period of 12 months immediately
following the surrender or cancellation of the hotelier's
licence, or the cancellation of the hotelier's authorisation
under Part 5, any such Liquor Act poker machine permits
have not been transferred, the remaining permits are forfeited
to the Board.
Page 6
Gaming Machines Amendment (Miscellaneous) Bill 2003
Amendment of Gaming Machines Act 2001 Schedule 1
[18] Section 32 Application and operation of Division
Omit section 32 (1) (b) and (c). Insert instead:
(b) in the case of temporary premises--that would, if
granted by the Board:
(i) initially authorise the keeping of approved
gaming machines on those premises by the
applicant, or
(ii) once approved gaming machines have been
initially authorised to be kept on those
premises--increase the SIA threshold for those
premises, or
(c) in the case of a new hotel or new club--that would, if
granted by the Board:
(i) initially authorise the keeping of approved
gaming machines in the hotel or on the premises
of the club, or
(ii) once approved gaming machines have been
initially authorised to be kept in the hotel or on
those premises--increase the SIA threshold for
the hotel or those premises.
[19] Section 34 Classes of social impact assessment
Omit "has resulted from" from section 34 (2) (b).
Insert insert "is made in connection with".
[20] Section 34 (3)
Insert after section 34 (2):
(3) Despite any other provision of this Act or the regulations, a
class 1 social impact assessment is required to be provided if,
in the case of a registered club that has more than one set of
premises or that establishes new or additional premises:
(a) the application has resulted from the transfer of poker
machine entitlements from one of those sets of premises
(the transferring premises) to another set of the club's
premises, and
(b) the other set of premises is situated within
50 kilometres of the transferring premises, and
Page 7
Gaming Machines Amendment (Miscellaneous) Bill 2003
Schedule 1 Amendment of Gaming Machines Act 2001
(c) neither the transferring premises nor the other set of
premises are situated in a metropolitan area.
[21] Section 35 Requirements in relation to social impact assessments
Insert after section 35 (d):
(e) the time within which the Board is to determine a social
impact assessment.
[22] Section 42 General provisions
Insert in appropriate order:
(4) In this Division:
public holiday means a bank or public holiday under the
Banks and Bank Holidays Act 1912 that is observed
throughout the State, but does not include a Saturday or a
Sunday or 1 August (or such other day that is a bank holiday
instead of 1 August).
[23] Section 58 Cancellation of authorisations
Insert after section 58 (1):
(1A) Without limiting subsection (1), an authorisation by the Board
to keep an approved gaming machine ceases to have effect if
the disposal of the gaming machine is authorised by the
Board.
[24] Section 58 (3)
Omit the subsection. Insert instead:
(3) If, under the Registered Clubs Act 1976, a registered club
moves to other premises (whether or not those other premises
are outside the neighbourhood of the previous premises), the
removal has the effect of cancelling the club's authorisation to
keep any approved gaming machine in the previous premises.
[25] Section 58 (4) (b)
Omit "the premises of a registered club being removed".
Insert instead "a registered club moving".
Page 8
Gaming Machines Amendment (Miscellaneous) Bill 2003
Amendment of Gaming Machines Act 2001 Schedule 1
[26] Section 82 Definitions
Insert "or work permit" after "gaming-related licence" in the definition of
licence fee.
[27] Section 108 Periodic licence fee
Omit ", and for a work permit," from section 108 (1).
Insert instead "or work permit".
[28] Section 109 Cancellation for late payment of periodic licence fee
Insert "or work permit" after "licence" wherever occurring.
[29] Section 110 Application for reinstatement of cancelled
gaming-related licence or work permit
Insert "or work permit" after "licence" wherever occurring in
section 110 (1), (5) and (7).
[30] Section 110 (2)
Insert "or work permit" after "licence" where firstly occurring.
[31] Section 110 (4)
Insert "or work permit" after "licence" where firstly, thirdly and fourthly
occurring.
[32] Section 110 (6), definition of "trading days"
Insert "or work permit" after "licence".
[33] Section 111 Board may refund licence fee
Insert "or work permit" after "licence" wherever occurring.
[34] Section 112 Refund of licence fee on surrender of gaming-related
licence or work permit
Insert "or work permit" after "gaming-related licence" in section 112 (1).
[35] Section 112 (4)
Insert "or work permit" after "licence".
Page 9
Gaming Machines Amendment (Miscellaneous) Bill 2003
Schedule 1 Amendment of Gaming Machines Act 2001
[36] Section 129 Grounds for making complaint
Insert after section 129 (3) (c):
(c1) that the hotelier or registered club has failed to pay tax
within the meaning of the Gaming Machine Tax
Act 2001, or an instalment of any such tax, within the
time allowed by or under that Act, or has failed to pay
a penalty or interest due for late payment of any such
tax or instalment,
[37] Section 131 Disciplinary powers of Licensing Court
Omit "or (c)" from section 131 (2) (c). Insert instead ", (c) or (c1)".
[38] Schedule 1 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Gaming Machines Amendment (Miscellaneous) Act 2003
[39] Schedule 1
Insert at the end of the Schedule with appropriate Part and clause numbers:
Part Provisions consequent on enactment of
Gaming Machines Amendment
(Miscellaneous) Act 2003
Definition
In this Part:
amending Act means the Gaming Machines Amendment
(Miscellaneous) Act 2003.
Exchange of AADs for poker machine entitlements
Section 22 (1B), as inserted by the amending Act:
(a) applies to or in respect of an application under section
22 (1) made on or after the date of introduction into the
Legislative Assembly of the Bill for the amending Act,
and
Page 10
Gaming Machines Amendment (Miscellaneous) Bill 2003
Amendment of Gaming Machines Act 2001 Schedule 1
(b) extends to an application made under section 22 (1)
before that introduction date if the application has not
been approved by the Board before the commencement
of section 22 (1B).
Transfer of poker machine entitlements between country clubs
Anything done:
(a) by a registered club in connection with the provision of
a social impact assessment, or
(b) by the Board in connection with the determination or
approval of a social impact assessment,
that would have been validly done had section 34 (3) (as
inserted by the amending Act) been in force when the thing
was done is validated.
Continuation of existing complaints about non-payment of
gaming machine tax
The repeal by the amending Act of section 68 (1) (g) of the
Liquor Act 1982 does not affect any proceedings brought in
connection with that provision that were commenced before
its repeal, and any such proceedings may continue to be dealt
with as if that provision had not been repealed.
Page 11
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