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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Gaming Machines Amendment
Bill 2004
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Gaming Machines Act 2001 No 127 2
Schedule 1 Amendments 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, , 2004
New South Wales
Gaming Machines Amendment
Bill 2004
Act No , 2004
An Act to amend the Gaming Machines Act 2001 in consequence of a requirement
that TAB Limited, the specified holder of certain exclusive licences under the Act,
divest itself of those licences; to facilitate the transfer of those licences; 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 Bill 2004
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Gaming Machines Amendment Act 2004.
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.
Page 2
Gaming Machines Amendment Bill 2004
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 4 Definitions
Omit the definitions of investment licence and TAB from section 4 (1).
[2] Sections 73 (Sharing of receipts from gaming machines) and 74
(Granting interests in gaming machines)
Omit "Subject to Part 11, a hotelier" from sections 73 (1) and 74 (1) wherever
occurring.
Insert instead "A hotelier".
[3] Section 73 (2)
Omit the subsection. Insert instead:
(2) This section does not apply in respect of the sharing of receipts
arising from the operation of an approved gaming machine that is
part of an authorised linked gaming system if the sharing of
receipts is pursuant to an agreement, between the holder of the
relevant links licence and the hotelier or registered club that
operates the approved gaming machine, in relation to the linked
gaming system.
[4] Section 136 Grant of CMS licence
Omit section 136 (4) and (5).
[5] Section 136 (7)
Insert "(other than the exclusive CMS licence referred to in section 137)" after
"A CMS licence".
[6] Section 137
Omit the section. Insert instead:
137 Exclusive CMS licence during exclusive licence period
(1) The exclusive CMS licence is the CMS licence in force under
section 136 immediately before the repeal and re-enactment of
this section by the Gaming Machines Amendment Act 2004.
(2) The exclusive CMS licence is the only CMS licence that can be
granted under section 136 to be in force during the period up to 1
December 2016 (referred to in this section as the exclusive
licence period).
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Gaming Machines Amendment Bill 2004
Schedule 1 Amendments
(3) Subsection (2) ceases to apply if the exclusive CMS licence is
cancelled or surrendered in accordance with this Act or otherwise
ceases to be in force.
(4) The exclusive CMS licence may be transferred only:
(a) with the written consent of the Minister, and
(b) subject to such terms and conditions as the Minister may
determine and specify in writing.
(5) Nothing in any other Act prevents the holder for the time being
of the exclusive CMS licence from operating a CMS under the
authority of that licence, or from carrying out any of its functions
as a CMS licensee.
(6) Nothing in this section is intended to prevent any holder (or
former holder) of the exclusive CMS licence or any other person
(assuming that they are otherwise qualified) from applying for
and being granted a CMS licence in respect of any period after the
exclusive licence period.
[7] Section 147
Omit the section. Insert instead:
147 Exclusive inter-hotel linked gaming system licence during
exclusive licence period
(1) The exclusive inter-hotel links licence is the inter-hotel links
licence in force under section 153 immediately before the repeal
and re-enactment of this section by the Gaming Machines
Amendment Act 2004.
(2) The exclusive inter-hotel links licence is the only inter-hotel links
licence that can be granted under section 153 to be in force during
the exclusive licence period.
(3) Subsection (2) ceases to apply if the exclusive inter-hotel links
licence is cancelled or surrendered in accordance with this Act or
otherwise ceases to be in force.
(4) The exclusive inter-hotel links licence may be transferred only:
(a) with the written consent of the Minister, and
(b) subject to such terms and conditions as the Minister may
determine and specify in writing.
(5) Nothing in any other Act prevents the holder for the time being
of the exclusive inter-hotel links licence from operating a linked
gaming system in a hotel under the authority of that licence, or
from carrying out any of its functions as a licensee.
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Gaming Machines Amendment Bill 2004
Amendments Schedule 1
(6) Nothing in this section is intended to prevent any holder (or
former holder) of the exclusive inter-hotel links licence or any
other person (assuming that they are otherwise qualified) from
applying for and being granted an inter-hotel links licence in
respect of any period after the exclusive licence period.
[8] Section 152
Omit the section. Insert instead:
152 Exclusive inter-club linked gaming system licence during
exclusive licence period
(1) The exclusive inter-club links licence is the inter-club links
licence in force under section 153 immediately before the repeal
and re-enactment of this section by the Gaming Machines
Amendment Act 2004.
(2) The exclusive inter-club links licence is the only inter-club links
licence that can be granted under section 153 to be in force during
the exclusive licence period.
(3) Subsection (2) ceases to apply if the exclusive inter-club links
licence is cancelled or surrendered in accordance with this Act or
otherwise ceases to be in force.
(4) The exclusive inter-club links licence may be transferred only:
(a) with the written consent of the Minister, and
(b) subject to such terms and conditions as the Minister may
determine and specify in writing.
(5) Nothing in any other Act prevents the holder for the time being
of the exclusive inter-club links licence from operating a linked
gaming system in a registered club under the authority of that
licence, or from carrying out any of its functions as a licensee.
(6) Nothing in this section is intended to prevent any holder (or
former holder) of the exclusive inter-club links licence or any
other person (assuming that they are otherwise qualified) from
applying for and being granted an inter-club links licence in
respect of any period after the exclusive licence period.
[9] Section 153 Granting of links licence
Omit section 153 (3) and (4).
[10] Part 11 Investment licences (sections 159165)
Omit the Part.
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Gaming Machines Amendment Bill 2004
Schedule 1 Amendments
[11] Part 12, heading
Omit the heading. Insert instead:
Part 12 General provisions relating to CMS and
links licences
[12] Section 166 Definitions
Omit paragraph (c) from the definition of licence.
[13] Section 169 Trade Practices exemption for exclusive licences
Omit "Part 9, 10 or 11" from section 169 (1) (a). Insert instead "Part 9 or 10".
[14] Section 170 No proprietary right in licences
Omit section 170 (2). Insert instead:
(2) Despite subsection (1), a licence is capable of being transferred
in accordance with section 137 (4), 147 (4) or 152 (4), as the case
may be.
[15] Section 177 Directions to licensees and other relevant persons
Omit section 177 (1) (c).
[16] Section 210 Regulations
Omit "CMS licences, links licences and investment licences" from section 210
(2) (w).
Insert instead "CMS licences and links licences".
[17] Schedule 1 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Gaming Machines Amendment Act 2004
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Gaming Machines Amendment Bill 2004
Amendments Schedule 1
[18] Schedule 1
Insert at the end of the Schedule, with appropriate Part and clause numbers:
Part Provisions consequent on enactment of
Gaming Machines Amendment Act 2004
Definitions
In this Part:
amending Act means the Gaming Machines Amendment Act
2004.
investment licence means the investment licence granted to TAB
and in force under Part 11 immediately before the repeal of that
Part by the amending Act.
TAB means the company known as TAB Limited established by
the Totalizator Agency Board Privatisation Act 1997.
Arrangements for collection of certain fees after transfer of licence
An authorisation in writing, executed by or on behalf of a hotelier
or registered club, that is, immediately before any transfer of a
CMS licence or links licence in accordance with this Act,
effective to permit the holder of that licence (the current holder)
to appropriate, by automatic debit from the accounts of the
hotelier or club at a bank or financial institution, amounts
payable:
(a) as or in respect of the monitoring fee payable under section
134, or
(b) in connection with the operation of an authorised linked
gaming system,
continues to have effect after a transfer of the licence and so has
effect as if a reference in the authorisation to the current holder
were a reference to the person to whom the licence is transferred.
Arrangements necessary for continued operation of authorised
CMS or authorised linked gaming system after transfer of licence
(1) The Minister may, by order published in the Gazette, identify
such contracts between a holder of a CMS licence or a links
licence and other parties as are, in the Minister's opinion,
necessary for the continued operation of the authorised CMS or
authorised linked gaming system to which the licence relates.
(2) The publication of such an order operates to require the other
parties to the contracts to give any consents that are necessary to
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Gaming Machines Amendment Bill 2004
Schedule 1 Amendments
permit the assignment or novation of such contracts by the holder
of the CMS licence or links licence concerned to the person to
whom the licence is transferred in accordance with this Act.
(3) The consents may be given either unconditionally or subject to
such conditions as the Minister considers reasonable.
(4) However, if a consent required to be given under this clause is not
given within 60 days after it has been duly sought, the consent is
taken to have been given unconditionally.
(5) Neither the transfer under this Act of a CMS licence or a links
licence nor the operation of this clause is to be regarded:
(a) as a breach of contract or confidence or otherwise as a civil
wrong, or
(b) as a breach of any contractual provision prohibiting,
restricting or regulating the assignment or transfer of
assets, rights or liabilities, or
(c) as giving rise to any remedy by a party to an instrument, or
as causing or permitting the termination of any instrument,
because of a change in the beneficial or legal ownership of
any asset, right or liability, or
(d) as an event of default under any contract or other
instrument.
Cancellation of investment licence
The investment licence is taken to be cancelled on the repeal of
Part 11.
Preservation of certain arrangements under investment licence
(1) Any contract or other arrangement between TAB and a hotelier
entered into pursuant to the investment licence and in force
immediately before the cancellation of that licence may be
completed despite that cancellation and despite the other
provisions of this Act.
(2) However:
(a) the contract or arrangement may not be varied so as to
extend its term, and
(b) no further contract or arrangement of the same kind may be
entered into pursuant to the contract or arrangement, and
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Gaming Machines Amendment Bill 2004
Amendments Schedule 1
(c) failure to extend the term of the contract or arrangement,
or to enter into any further such contract or arrangement,
does not constitute a breach of, or default under, any
contract or arrangement.
(3) This clause has effect despite the provisions of the contract or
arrangement concerned.
(4) For the purposes of this clause, section 169 applies as it was in
force immediately before its amendment by the amending Act.
Page 9
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